ily Expositor; or, a paraphrase and ver- WORKS ANNOUNCED. Doctor Ramsay, (the celebrated Historian) has issued Proposals for publishing a History of South-Carolina, from its first settlement in 1670, to 1808. The work will be put to press in November next. Wm. Hilliard, of Cambridge, (Mass.) has issued proposals for publishing by Subscription, An American Biographical and Historical Dictionary, containing an account of the Lives, Characters, and Writings of the most ancient persons in North America, from the first discovery of the country to the present time, and a Summary of the History of the several Colonies, and of the United States. The work to be printed in one Price vol. 8vo. containing 500 pages. to Subscribers,two dollars and fifty cents. George W. Woodman of New-Bedford, proposes publishing that valuable and scarce book, entitled, " Thoughts on Religion, and other Important Subjects; newly translated from the French of Blaise Pascal. To which are added,memoirs of his life and writings. To be • comprised in one vol. 8vo. of about 400 pages, on a fine wove paper, and deliv ered to subscribers at two dollars. Hopkins and Earle, Philadelphia, and * Farrand, Mallory, and Co. Boston, have Proposals are issued by E. Bronson and others, Baltimore, for publishing a new periodical work, to be entitled, Select Reviews, and the Spirit of the Foreign Magazines. Manning & Loring intend publishing, by Subscription, a new and improved edition of Psalm and Hymn Tunes, sung at the Chapel of Lock Hospital. This work, (compiled by the celebrated MADAN,) comprised in about 200 royal quarto pages, printed on a fine and thick paper, and on a page of the size of the last London edition; and no alteration of any kind in the Musick shall be permitted. The price to subscribers, stitched in a printed paper covering, will be two dollars fifty cents NOTE. [*** We regret that our readers are deprived of the Retrospective Reviews for this number, by the accidental loss of the manuscript; and hope that the following abstract will not be without interest. FOREIGN LITERARY INTELLIGENCE. Abridgement of the Trial, in an action, in which Sir John Carr, Knt, was Plaintiff, and Messrs. Hood and Sharpe, Defendants: damages laid at £2000. The trial took place in Guildball, on the 25th of July, 1808, before Lord Ellenborough and a special Jury: taken down in short hand, by Thomas Jenkins. THIS abridgement shall contain all that is material. The reader will find in it every principal point touched upon by Mr. Garrow, the leading counsel for the plaintiff; the whole of what was said by the Judge, and by the Attorney General, who was the leading counsel for the defendants, with the sole exception of what the latter said by way of return for the trade-like compliments paid him by Mr. Garrow, and which interchange of compliments I omit for the sake of decency. The case, as stated by Mr. Garrow, was this That Sir John Carr (whom hereafter I shall call Carr, not perceiving that he has any right to claim the cramming up of my pages with his lengthened name) was the author of several works which he had sold for considerable sums of money; that he was about to publish a new work of the nature of his former works, which had hitherto been well received by the publick; that, at this juncture the defendants published the libel in question, called, "My Pocket Book;" that the evident object of this work was utterly to destroy Carr as an author, in which object it must suc ceed, unless censured by the verdict of the jury; that the "Pocket Book," besides ridicule in words, contained several caricatures, exhibiting Carr in the most ludicrous light; that he was there represented as a stupid writer, a gleaner of insipid stuff, a fool, a lunatick, and as so nearly like a mere vagabond, as to carry about his wardrobe in a pocket handkerchief; that the defendants had said, that they had a rod in pickle for Carr, and that they would do for him; that the effect of all this had been a clearly proved damage to Carr; that Sir the effect of this attack, been deterRichard Phillips had, merely from red from purchasing the intended new work, for which, otherwise, he would have given £700; and that there must necessarily have arisen to the plaintiff other damages, of which it would be impossible to estimate the amount. given, was to prove the publication The evidence first of the "Pocket Book," and then evidence was produced of a continuation of the publication after notice of action, which evidence in aggravation having been objected to by the Attorney General, the following conversation took place between the Judge and Mr. Garrow, which I offer it, is this: I say, that Mr. Garrow. The ground on these defendants meant to publish to the world, a work, the object of which is, to render Sir John Carr ridiculous. I say, this publication of these defendants, is false and scandalous. Can it be doubted that I may prove, that the defendants have continued that publication, to shew the extent of the injury, and the spirit of the offending party? Lord Ellenborough. But we must allow a latitude to the free discussion of the merits and demerits of authors and their works; otherwise we may talk indeed of the liberty of the press, but there will be in reality an end of it. Mr. Garrow. Suppose I had a wen on my neck, or had any other deformity. Am I to be held up to ridicule, to gratify the malice of an individual, who chooses to be my enemy, and is that individual to continue to expose me, after notice given to him of his misconduct? That notice is given to him by the service of a process, which is the commencement of the action. Mr. Attorney General.-The answer to all this, is, that you can bring another action, if you are dam. nified by any subsequent publication. Lord Ellenborough. We must really not cramp observations upon authors and their works. They should be liable to exposure; to criticism, and even to ridicule, if their works be ridiculous; otherwise, the first who writes a book upon a subject will maintain a monopoly of sentiment and opinion upon it. You must never shew the absurdity of it, although it be absurd, that is, you can never do it with effect. This would tend to the perpetuity of errour. A bad book might appear, it would propagate errour, and so we should go on to the end of time. How any body could conceive that an action is maintainable, for publishing a work, exposing another work to ridicule,is Vol. V. No. X. 3 WV to me surprising. Reflection upon personal character is another thing. Mr. Garrow.-I am not contending that the defendants may not endeavour to shew, that the plaintiff's book is a ridiculous one; but, they must not endeavour to destroy the plaintiff altogether, as an author. Lord Ellenborough-I do not know that. Suppose a person publishes a book containing sentiments that are injurious to publick morals; of infinite mischief to the publick taste or bad maxims of government ; or any thing else that ought to be decried; are we not to be at liberty to expose that work; aye, and expose the author of it too, as far as he is connected with that work, and that, in the most pointed language of wit, humour, or ridicule; the more pointed and forcible, the better? He who does so, if the work be ridiculous, or a bad one, confers a favour on, by producing a benefit to, the publick. That it destroys the reputation of an author, and puts an end to the circulation of his works, is nothing, if his works be worthless. Mr. Locke published an answer to sir Robert Filmer; would any body give twopence, after that, for the works of sir Robert Filmer? What then? was Mr. Locke to be made the subject of an action, for destroying the reputation of sir Robert Filmer? Not at all. It was a reputation that ought to have been destroyed, and was destroyed; for which the world has been greatly indebted to Mr. Locke. I really do not know where we are going to. To talk of the liberty of the press, if one man may not write freely, on the work of another, lest he should destroy the reputation of that other, would be idle. Shew me an attack on the moral character of this plaintiff, or any attack on his character unconnected with his books, and I shall be as ready as any man, who ever sat here, to protect him in that character; but I cannot hear of malice, on account of turning his works into ridicule. Mr. Garrow. They prevent the sale of all the plaintiff's works, by this immoderate ridicule of him, by wholesale, as an author. Lord Ellenborough They do so. They depreciate his character as an author, conceiving they have a right to do so. Mr. Garrow. Then let them shew that they have done it fairly. Lord Ellenborough. No, they need not. YOU must show that they have done it unfairly. Mr. Garrow. So I do, my Lord, by the exhibition of this frontispiece; which shews, that this book is not a fair criticism, but a malignant slander. Lord Ellenborough. Go on with your case. Evidence was then given to prove that Carr was the author of other works. Lord Valentia was called to prove, that the "Pocket Book," was intended, in his opinion, to expose Carr's Irish Tour to ridicule. Lord Mountnorris, under whose name a letter has been published, stating that he attended solely and conscientiously on behalf of sir John Carr," said, upon his oath, that "he had read the Pocket Book, and also the Stranger in Ireland; that he had compared them both, chapter and chapter; that he considered the former as intended to ridicule the latter; that the caricatures are so strongly drawn, that it was impossible to mistake their application to sir John Carr; and, finally, that he should have bought the Stranger in Ireland, but would not after reading the Pocket Book, the latter having depreciated the former so much in his opinion." In a cross-examina tion, which appears to have been gone into by the Attorney General, for the purpose of obtaining a repetition of this evidence so compli mentary as well as useful to his clients, Lord Mountnorris said. in terms, if possible, still more explicit, that after a most attentive perusal of both the work and the criticism, he was induced, by the impression produced on his mind by the latter, not to purchase the former, though he was before disposed to make that purchase. Sir Richard Phillips's Examination might have been very short; but owing to his own indiscretion, it was rendered very long; and as he appears to have been considered as the real cause of the action against Messrs. Hood and Sharpe, the whole of this Examination shall be given. He was examined by Mr. Dampier, and cross-examined by the Attorney General. Q Did you, sir Richard Phillips, purchase of sir John Carr, a book, called, "The Northern Summer; or, a Tour round the Baltic ?" A. I did. Q. And also a "Tour through Ireland ; and another along the Rhine?" A. I did. Q. They are all in quarto, I believe? A. They are Q. What was the purchase money for each? A. The price of the first was fixed by Mr. Hayley, who introduced sir John Carr to me. Q. Will you state the sums which you paid for these books? A. Four hundred pounds for " The Northern Summer; or, Tour round the Baltic," and in consequence of a small increase in the quantity, I added another 1001. of my own accord. Q. So that he had 5001. for-his book? A. Yes, he had. Hayley, of whom I have a high oMr. pinion, settled the price of that book. Q Then as to "The Tour through Ireland," what did you. pay for that? I gave sir John Carr, 6001. for that, and a conditional 1001. more. I think, on the second edition; or, on the sale of a certain number; but previous to the whole of that number being sold, (considering that it would be sold,) I gave sir John Carr 1001. more. So that he had 7001. for the "Tour through Ireland " Q. What did you give him for the other book, which you purchased of him, "The Tour through Holland ?" A The same price. It is a sort of rule with booksellers, (at least it is so with me)-that when we are satisfied with the work of an author, we give him, for similar works, the same as we did before, without any treaty. Q. So that you gave sir John Carr 6001. for "The Stranger in Ireland, and, if it went through a second edition, you were to give him 1001. more; which you did?" A. Yes.' Q. Now, sir, have you seen a work of his called, "A Tour in Scotland?" A. I have seen it in a manuscript; sir John Carr has put it into my hands. Q. It is a work prepared now for publication? A. It is. Q. Now sir, when you saw that, had you seen the present book, called "My Pocket Book?" A. Yes, I had. Q. Did you at any time, see one of these defendants, Mr. Hood? A. I frequently saw him. sail to you, on that subject? A. He began by asking me "how sir John Carr did?" I said he was very well. He went on to ask me, have you seen or read, "My Pocket Book?" I answered him by saying, "I never read any scurrility of that kind." Q. Did he make any answer to that? A. He did. He said, "the Lord have mercy upon sir John Carr: we have a rod in pickle for him: we will do for him" or, "we will do his business;" or words to that effect. fect. I believe the words were, "the Lord have mercy upon him, poor sir John," or some phrase of that sort, was thrown in ; 66 we will do his business," or, "will do for him." Q. Do you know whether this book, called "My Pocket Book," has been extensively circulated? A. I have reason to believe it has been very actively and industriously cir culated. I have seen it in the windows of booksellers, attracting some attention, in consequence of a ridiculous frontispiece; and booksellers are some of them apt to expose works of this nature, on account of the oddity of appearance in them. Q Has it been circulated, in what they call "the trade circulation, and sale?"-A. I do not attend trade sales myself, and I cannot speak to that, but I can speak to this-that the whole edition was offered to the trade, at the trade price, and, that a thousand copies were so to be disposed of; as appears by this catalogue. Attorney General.-You must say nothing to us about that catalogue, for it is not evidence. Ld. Ellenborough.-Certainly not; you must prove that publication, as well as every other publication by the actual sale. The catalogue is |