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his brother Biphath settled in the British Isles, and their uncle Magog sat himself down in Russia,-just in the same way in which he mentions historical facts for which there is reasonable authority. Now this is certainly injudicious, and we might perhaps be justified in using a stronger expression.

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But admitting that this country possesses superior legislative talents to any other, I assert, without the fear of contradiction, that it is impossible to abolish the common law. Make as many codes as you will, this second nature will still force itself

upon you:

mon, even with the best law authors of positive enactments, from which the lapse England, than to consider the existence of of ages has taken away the form and name the common law" peculiar to that coun- of statutes. In Europe, the common law try; to regard it as an anomalous circum- of her nations is the civil law,-the law of tance in the history of law, which must be imperial Rome. The very name is recogjudged of with reference only to itself and nised and applied by authors who treat upon to the social condition which it helped to the subject; it is no uncommon thing to create, and helps to preserve. But all this find civilians calling their law, the "jus seems to us a mere fallacy. Every nation commune," and treating of it as such. But must have, by irresistible necessity, its the civil law becomes, in those countries, A Dissertation on the Nature and Extent of common, unwritten law. This must be true, the common law, only as it is modified in the Jurisdiction of the Courts of the Unit-until human laws can reach every variety various ways by the peculiarities of the naed States, being a Valedictory Address of human action and every exigency of tional character or institutions; it must delivered to the Students of the Law Acad- social life. Laws may be multiplied and bow and bend itself to these controlling ciremy of Philadelphia, at the close of the varied, until the common law of a country, cumstances for a long time, ere it acquires Academical Year, on the 22d April, 1824. is little more than a system of legal exe- a power which can influence them; everyBy Peter S. Du Ponceau, LL. D. Pro- gesis; performing little other use than that where in Europe the common law must be vost of the Academy. To which are ad- of explaining certain legal phrases and de- sought, not more in the Pandects, than in ded, a Brief Sketch of the National Judi-fining the extent of their meaning. But the recorded and accumulated decisions of ciary Powers exercised in the United so much common law as this, every body of judicial courts. We had supposed, that States prior to the adoption of the present people living in regulated society, assured- since the adoption of the Code Napoléon, Federal Constitution, by Thomas Ser-ly will have, whencesoever it may be deriv- the written law of France was more pergeant, Esq. Vice Provost. And the Author's ed. Less than this a common law cannot be; fect and independent of collateral aid, than Discourse on Legal Education, delivered but it may be vastly more. Principles and that of any other nation. But a remark at the opening of the Law Academy, in forms suggested by the wisdom or chanced of Mr Du Ponceau's upon this subject, gave February, 1821. With an Apendix and upon by the good fortune of a distant an- us some interesting information, and strongNotes. Philadelphia. 1824. 8vo. pp. 294. cestry, approved by experiment, and sanc-ly illustrates the inevitable necessity of a We are glad that a work expressly devoted tioned by perpetual usage, may, by the common law. to the very important subject, which Mr many changes and additions of successive Du Ponceau examines in this volume, has ages, be woven into a well arranged and at length been published in this country. thorough system of law. In a nation It is of consequence, not merely to lawyers, where such a common law as this exists, it not merely to statesmen, but to all for is seen and felt to be something more than whose protection and advantage our na- a mere supplement and aid to the written tional judiciary has been established;-the law,-to be in fact a system of law by itpublic good demands that the influence self, of value proportioned to the wisdom which the common law" has upon the of its principles, the extent of its operation, powers or forms or obligations of this High and the importance of the subjects which Court, should be distinctly seen and ac- lie within its reach. Such is the common law curately measured. The author of this of England. It is easy to imagine the valuable work should have given it a growth and establishment of a common better title; it is true that he examines law among a people, with little legislative cursorily the nature and extent of the aid, and little help from the analogy of jurisdiction of the United States courts; foreign institutions. Let a few statutes be but the question to which he has bent his passed;-we should rather say, let a few attention, and which he has done much rules of conduct be agreed upon or be imgood by elucidating, is, whether these posed by a master and fortified by penal courts have a common law jurisdiction, and sanctions. Some difficult questions will what that jurisdiction is. Mr Du Ponceau arise with respect to their meaning, and admits that these courts have jurisdiction they who exercise judicial functions will The question recurs, what and whence is of but not from the common law; in other answer them for their own days and for the common law of this country? Its prinwords, that they derive no authority from posterity; some cases will occur to which cipal origin is clearly the common law of this law, but that they may look to it for the existing laws do not precisely apply, England. We were once a part of the the mode of exercising powers expressly but an obvious and direct analogy from empire over which that law extended. We and certainly given to them, when they can laws affecting kindred subjects, will lead to speak the language in which that law is find sufficient direction no where else. a just decision, and this will be remember- embodied; the statutes made where it exThus, to take the simplest instance, if a ed. Lastly, there will be doubts as to the isted, and therefore accommodated to it statute, which conforms to the constitution, mode of enforcing specific laws or exercis- both in their phraseology and their enactdeclares a certain action to be penal, and ing authorities clearly given-of inflicting ments, are the models which many of our directly or by necessary implication, re- punishments unquestionably deserved, or most important statutes have followed, alquires the national courts to visit the offen- affording protection where it is claimed of most to the letter. It was therefore unader with punishment, but does not prescribe right; and in these cases the courts will voidable, that the courts of this country the punishment, then the court must look suggest and their ministerial officers invent should look to this law, when the phraseoloto the common law, and govern themselves processes adapted to the purpose; and if gy of our statutes was to be explained or by its modus operandi. found good, they will be retained. Thus a the manner or extent of their application common law may grow up by the side of a ascertained;-when rights certainly existstatute law and be accommodated to and ed,-while adequate remedies were not by it, until each becomes essential to the otherwise indicated; and where certain duother. Perhaps no existing common law ties were made obligatory, while the forms has an origin so unmingled as that we have and processes by which they should be described. In England, we suppose it as-discharged were not pointed out. We certained, that a large and important part think such has been the procedure not only of the common law is formed from early of almost all our State courts, but of our

But what is this common law? There are many popular errors upon this subject which we think Mr Du Ponceau would have done good service in exposing; we regret, and not on this account alone, that the nature of this dissertation,-it being a spoken address,-confined the author within so narrow limits. Nothing is more com

“Expellas furcâ, tamen usque recurret." In proof of this, I shall adduce a very recent and very striking instance. The emperor Napoleon gave to the French a new and uniform code of laws, which has been now in force about twenty years. It is admitted to be as complete as a work of this kind can be, and well suited to the nation for whom it was made. But I can assure you, that, as far as I have been able to observe, the digest and code of Justinian, the former laws and ordinances of the kingdom, and the immense collection of the works of the civilians and French jurists are not less quoted at present in the lawyers pleadings us if we were to abolish the common law. We than they formerly were, and so it would be with should still recur to it for principles and illustra tions, and it would rise triumphant above its own ruins, deriding and defying its impotent enemies.

134

national judiciary. That this course has been pursued uniformly we do not pretend, for there certainly are instances of the contrary; but we do believe that it has been sufficiently long and general to have established, even in the way of usage, much of the English common law, as our

own common law.

very

It must however be distinctly understood and recollected, that they are, in no sense of the words, one and the same thing. There is neither any identity between them, nor has the elder the authority of parentage over the younger. A mistake upon this point is very common, and from it has originated many erroneous opinions and much foolish conduct. It is rather a fashion in these days to assail the common law and deprecate its introduction into this free land. If this means only that the authority of this law should be denied, it is well; but if the whole body of this law is to be thrown aside as utterly unfit for us,-if it is to be forgotten or prohibited, then we say fearlessly, our very freedom is gone. Those parts of our constitution which may best protect us, become a dead letter; the wisest provisions of our fathers, are made, by our folly, a mere array of empty words -an empty pageantry. Look, for instance, at the provision respecting the privilege of Habeas Corpus, which forms a part of the first article of the constitution. I am imprisoned without good cause and apply to a judge for this writ-but he does not understand me. 66 "Sir," says he, "I have no such words in my dictionary:-that volume under your arm is a sealed book to me, it is a book of the English common law-my volumes of the laws give me no form for that writ-they give me no means whatsoever for exercising the authority which it may be that I possess.' The fact is, as Mr Du Ponceau clearly shows, the constitution, and the laws made in pursuance of it, perpetually recognise and adopt the common law. In the ninth amendment suits at common law are mentioned; in the thirteen section of the Judiciary act of 1789, writs of mandamus are in certain cases authorized, and indeed in the same act remedies at common law are expressly reserved to suitors under specified circumstances. If any doubt remains as to what this common law may be, let them be answered by Judge Marshall, who expressed himself as follows on the trial of Mr Burr. "I understand," says he, "by the law mentioned in the statutes of the United States, those general principles and those general usages which are to be found not in the legislative acts of any particular State, but in that generally recognised and long established law, which forms the substratum of the laws of every State."

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The common law of this country, as of every other, lies in the wisdom, the learning, and the conscience of the judicial officers; we can have little security that it will not be mistaken or abused, beyond that which their sagacity and integrity may give us. But however numerous or dreadful be its abuses, they are not likely to

may

be derived from a regard to the English dence before the adoption of the Federal
common law, so long as our judges look to Constitution, is able and accurate, his name
to that law, only for direction, never for gives a warranty, which cannot be strength-
authority. Some writers and we may ehed by any expression of our opinion.
indeed say, some states, see fit to dread vast
evil from the recollection of that system of
law whence our own originated; but we

will let Mr Du Ponceau answer them.

Redgauntlet. A Tale of the Eighteenth Century. By the Author of "Waverly." Philadelphia, 1824. 2 vols. 12mo. It may be said, perhaps, that there is too much left to the discretion of the Judges as to the quan- WE find some difficulty in deciding whether tum, and even the nature of the punishment, and it is worthwhile to review this book. The sometimes also as to deciding what is or what is not an indictable act. As to the quantum of punnew Waverly Novel!-Why, before the ishment, I know no system of laws in which some 15th day of August, Redgauntlet will have discretion at least is not left to the Court according a fornight's opportunity to spread through to the greater or lesser magnitude of the offence. the land, and in half that time it will lie It is impossible to avoid this inconvenience by any on every table that ever felt the weight of legislation. The same thing may be said of the a book, and be read by ten times as many authority to choose between two or three mild punNevertheishments; there may be cases in which imprison- people as will read our review. ment would be death to the party, and when a fine less, some of our worthy patrons may wait may be inflicted upon him with greater effect; until Parker publishes, that their set may others when the reverse may be the case. With be uniform; others may live on borrowing, respect to the power of deciding in some doubt and find themselves more than a fortnight ful cases, whether a certain act be indictable or not, if it is an evil, it is one to which our citi-off from the owner; others may depend zens are all subject within their respective States, upon their circulating library, and receive and I do not see why any should be exempted their promised copy at last, bereft of half from it, merely because they are not amenable to its leaves, and as to a fair proportion of the a State jurisdiction. If it were so, it would follow residue defiled into illegibility; lastly, many that the Federal Constitution has loosened in a strange manner the bands of society which exist- whom we infinitely respect, may calculate ed at the time of its adoption, and that it proclaim- upon our reviewing the book, and so detered impunity to every crime which the State author- mine not to read it until they know what ities could not reach, until by the gradual and slow we think of the matter-seeing, that if process of legislation, Congress should provide for left to their own guidance, they may comevery case that might in future arise. Such is the mit themselves by saying something or inevitable consequence of the principle that the United States have no national common law, while other very much out of the way. These the doctrine that I contend for is entirely harmless, reflections have brought us to a sense of particularly when it is considered that the common our duty, or rather have awoke our natulaw does not give jurisdiction to the Federal Courts, ral disposition to be generous, even to selfbut is merely directory of its exercise. So that, oblivion; and we do beseech that small it appears to me that the opponents of this principle, by not viewing the subject in all its bearings, proportion of our readers, for whose espehave in fact been afraid of dangers which are not cial behoof we incur the hazard of telling to be apprehended. the remaining multitude a thrice told tale, not to fall into the sin of ingratitude, by thinking too little of our kindness.

Thus a phantom has been raised which needs only to be looked fully in the face to vanish into empty air. The more this question is investigated on its true principles, the more I am satisfied that the inquiry will result in the conclusions that I have formed and which I commit to your future research.

But the horrors of indecision again assail us. In what way shall we review this book. We are violently stirred by that "last infirmity of noble minds,"-love of We should the more regret that Mr Du glory,-to make an eloquent, and original, Ponceau had not occupied a larger space and delightful, and, as it were, immortalizwith his examination of the important sub-ing article upon the Waverly Novels in ject of this address, but that his industry and ability have almost exhausted it, in these few pages. There can hardly arise a question respecting the common law jurisdiction of our national courts, which will not receive some light from his researches and remarks. If we indeed form one people;-if, as we fondly believe, we may boast of a national identity, and hope that it will be perpetuated, other writers will follow in the path which Mr Du Ponceau has opened; but he has won the honor of being the first distinctly to advance and fully to sustain the important position, that we have a national common law.

We have left ourselves little room to speak of the remainder of this volume. Mr Du Ponceau's Address, delivered at the opening of the Law Academy, contains a rapid sketch of the history of legal education in England and in this country; and is both interesting and valuable. That Mr Sergeant's view of our national jurispru

But

the general. This, however, we may not
attempt, firstly, because, as every body
knows, we eschew essay-writing,-second-
ly, this review must leave our hands for the
printers, in twenty minutes, and thirdly,
it is extremely hot, and we are extremely
lazy.. If we were wholly governed by the
impulses of indolence, then should we make
a faithful abstract of the story.
it would be too cruel towards those who
have not read it,-for whose peculiar ben-
efit we write,-to disable them at once,
from getting interested in the ingenious
mysteries of the novel. We really think
there is nothing left for it, but to give a
very general account of the scenes, the
characters, and the events, enlivened by
a few extracts-and then close with what-
ever we can find to say in way of remark,
spinning out the ideas we chance to lay
hold of, as far as we can without jeopard-
izing our established reputation for singular
conciseness, and a most scrupulous, and, in

135

deed, conscientious regard to simplicity and strike them is the task of a good horseman, with amongst the quicksands.'-I professed my ignoelevation of expression; for a peculiar af- quick eye, a determined hand, and full command rance of the way, to which he only replied,There fection towards that antiquated quaintness fellows as they galloped up and down in the aniboth of his horse and weapon. The shouts of the is no time for prating-get up behind me.' of style, which, in its fear of repetition, mating exercise their loud bursts of laughter when hardly suffered itself to hint at an idea, and any of their number caught a fall, and still louder a perpetual and remarkably successful en- acclamations when any of the party made a capital deavour to illustrate the important maxim, stroke with his lance-gave so much animation to that "brevity is the soul of wit;" for a the whole scene, that I caught the enthusiasm of most noble disdain of the base artifice the sport, and ventured forward a considerable which would conceal poverty of thought particular, called forth so repeatedly the clamorous space on the sands. The feats of one horseman, in beneath the veil of periphrastic phraseolo-applause of his companions that the very banks gy; and, in short, for being one of few rang again with their shouts. He was a tall man, words,-who never says the same thing well mounted on a strong black horse, which he caused to turn and wind like a bird in the air, a sort of fur cap or bonnet, with a short feather in carried a longer spear than the others, and wore it, which gave him on the whole rather a superior appearance to the other fishermen. He seemed to hold some sort of authority among them, and occasionally directed their motions both by voice were striking, and his voice uncommonly sonorous and hand; at which times I thought his gestures and commanding.

more than once.

"Redgauntlet," is the name of a Scottish family of influence, who acquired this prepossessing title by being, in all their generations, as bloody in their dispositions and doings as could well be. They belonged to the numerous tribe of Wrongheads,-who are never easy when a quarrel is going on until they get into it, and The riders began to make for the shore, and the never able to get in on the winning side. interest of the scene was almost over, while I linIn the rebellion of '45, the head of the gered on the sands, with my looks turned to the house lost his head, and-much to the reshores of England, still gilded by the sun's last rays, and, as it seemed, scarce distant a mile from gret of his disconsolate survivors-his es- me. The anxious thoughts which haunt me began tate; but he had married an English wo- to muster in my bosom, and my feet slowly and man, whose property descended to his son. insensibly approached the river which divided me The intrigues and violence of his surviving formed intention, when my steps were arrested by from the forbidden precincts, though without any brother, who adhered to the Pretender's the sound of a horse galloping; and as I turned, cause, and strove diligently to obtain such the rider (the same fisherman whom I had former: control over his nephew's person and feel- y distinguished), called out to me, in an abrupt ings, as to make him an instrument in his manner, Soho, brother! you are too late for Bowdesperate purposes, form about the wholeness to-night--the tide will make presently.' of the plot. The adventurer, Prince Charles answering; for, to my thinking, his sudden appearI turned my head and looked at him without Edward, is introduced, and strikingly por-ance (or rather I should say his unexpected aptrayed; the prominent person of the tale, proach) had, amidst the gathering shadows and is the Jacobite Redgauntlet, whose extra- lingering light, something that was wild and omordinary character is powerfully conceived inous. and executed;-and the subordinate actors are all quite good without being very remarkable. The scene is laid, partly in Edinburgh and partly in the Border country about the mouth of the Solway. The following passage introduces Redgauntlet the Uncle. Darsie Latimer meets him thus opportunely, and writes an account of the interview to his friend Alan Fairford. I mentioned in my last, that having abandoned any fishing-rod as an unprofitable implement, I crossed over the open downs which divided me from the margin of the Solway. When I reached the banks of the great estuary, which are here very bare and exposed, the waters had receded from the large and level space of sand, through which a stream, now feeble and fordable, found its way to the ocean. The whole was illuminated by the -beams of the low and setting sun, who showed his ruddy front, like a warrior prepared for defence, over a huge battlemented and turretted wall of crimson and black clouds, which appeared like an immense Gothic fortress, into which the Lord of day was descending. His setting rays glimmered bright upon the wet surface of the sands, and the numberless pools of water by which it was covered, where the inequality of the ground had occasioned their being left by the tide.

The scene was animated by the exertions of a number of horsemen, who were actually employed in hunting Salmon. Ay, Alan, lift up your hands and eyes as you will, I can give their mode of fishing no name so appropriate; for they chased the fish at full gallop, and struck them with their barbed spears, as you see hunters spearing boars in the old tapestry. The salmon, to be sure, take the thing more quietly than the boars; but they are so swift in their own element, that to pursue and

'Are you deaf?" he added, or are you mad?or have you a mind for the next world?'

'I am a stranger,' I answered, and had no other purpose than looking on at the fishing—I am about to return to the side I came from.'

'Best make haste then,' said he. 'He that dreams world. The sky threatens a blast that will bring on the bed of the Solway may wake in the next in the waves three foot a-breast.'

So saying, he turned his horse and rode off,
while I began to walk back towards the Scottish
shore, a little alarmed at what I had heard; for the
sands, that well-mounted horsemen lay aside hopes
tide advances with such rapidity upon these fatal
of safety, if they see its white surge advancing
while they are yet at a distance from the bank.

instead of walking deliberately, I began a race as
These recollections grew more agitating, and,
fast as I could, feeling, or thinking I felt, each pool
of salt water through which I splashed, grow
deeper and deeper. At length the surface of the
sand did seem considerably more intersected with
pools and channels full of water-either that the
tide was really beginning to influence the bed of
that I had, in the hurry and confusion of my re-
the estuary, or, as I must own is equally probable,
treat, involved myself in difficulties which I had
avoided in my deliberate advance. Either way, it
was rather an unpromising state of affairs, for the
sands at the same time turned softer, and my foot-
with water.
steps, as soon as I had passed, were instantly filled
cerning the snugness of your father's parlour, and
I began to have odd thoughts con-
the secure footing afforded by the pavement of
Brown's Square and Scot's Close, when my better
genius, the tall fisherman, appeared once more
close to my side, he and his sable horse looming
gigantic in the now darkening twilight..

ground with the activity which these Borderers He probably expected me to spring from the have, by constant practice, acquired in all relating to horsemanship; but as I stood irresolute, he extended his hand, and grasping mine, bid me place my foot on the toe of his boot, and thus raised me in a trice to the croupe of his horse. I was scarce who instantly sprung forward; but annoyed, doubtsecurely seated, ere he shook the reins of his horse, less, by the unusual burthen, treated us to two or three bounds, accompanied by as many flourishes of his hind heels. The rider sat like a tower, notwithstanding that the unexpected plunging of the was soon compelled to submit to the discipline of animal threw me forward upon him. The horse the spur and bridle, and went off at a steady hand gallop; thus shortening the devious, for it was by no means a direct path, by which the rider, avoiding the loose quicksands, made for the northern bank.

Afterwards, Darsie is kidnapped, and Fairford goes in search of him; he is induced to go on board a smuggling vessel, and becoming very sick from fatigue and exposure, is left by the crew at a house where certain Catholic spinsters exercise hospitality towards all who need it. Here, it happens that Prince Charles Edguise of Father Buonaventure. For purward is concealed under the name and poses which are afterwards disclosed, these ladies wish Fairford to see their ghostly Father.

Oho! thought Fairford, the murder is out-here good old ladies, but I shall soon send off the priest, is a design of conversion!--I must not affront the I think. He then answered aloud, that he should be happy to converse with any friend of theirs-that in religious matters he had the greatest respect for every modification of Christianity, though, he must say, his belief was made up to that in which he had been educated; nevertheless, if his seeing the religious person they recommended could in the least show his respect

'It is not quite that,' said Sister Seraphina,-' although I am sure the day is too short to hear himconcerns of our souls; butFather Buonaveuture, I mean-speak upon the

'Come, come, Sister Seraphina,' said the younger, it is needless to talk so much about it. His-his Eminence-I mean Father Buonaventure--will himself explain what he wants this gentleman to know.'

this gentleman so high in the Catholic Church?"His Eminence!' said Fairford, surprised-'Is This title is given only to Cardinals, I think.'

He is not a Cardinal as yet,' answered Seraphiin rank as he is eminently endowed with good gifts, na; but I assure you, Mr Fairford, he is as high and

gin, how you do talk!--What has Mr Fairford to
'Come away,' said Sister Angelica. 'Holy Vir-
do with Father Buonaventure's rank?-Only, sir,
you will remember that the Father has been always
deference; indeed-
accustomed to be treated with the most profound

turn; who talks now, I pray you? Mr Fairford
'Come away, sister,' said Sister Seraphina in her
will know how to comport himself.'

'And we had best both leave the room,' said the younger lady, 'for here his Eminence comes.' nounced the last words; and as Fairford was about She lowered her voice to a whisper as she proto reply, by assuring her that any friend of hers should be treated by him with all the ceremony he could expect, she imposed silence on him by holding up her finger.

A solemn and stately step was now heard in the which had before thrilled on my ear, or are you not merely of a bishop or cardinal, but of the SoveAre you mad?' he said, in the same deep tone gallery; it might have proclaimed the approach, weary of your life?-You will be presently a-reign Pontiff himself. Nor could the sound have

136

been more respectfully listened to by the two ladies, had it announced that the Head of the Church was approaching in person. They drew themselves, like sentinels on duty, one on each side of the door by which the long gallery communicated with Fairford's apartment, and stood there immoveable, and with countenances expressive of the deepest reverence.

overawed by the airs of superiority, which could | ciety. On this plan, one teacher is suffi-
be only properly exercised towards one over whom cient for each school, though it be compos-
religion gave the speaker influence, sat down at his
bidding, as if moved by springs, and was at a loss ed of several hundreds; and the annual
how to assert the footing of equality on which he expense for each scholar has been reduced,
felt that they ought to stand. The stranger kept as stated in the Report, to the very mode-
the advantage which he had obtained.
rate sum of one dollar and eighty cents.
Your name, sir, I am informed, is Fairford,' This expense is defrayed from a common
said the Father.
school fund, one half of which is paid out
of the school fund belonging to the State,
and the other half is raised by the city cor-
poration for this purpose.

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The approach of Father Buonaventure was so slow, that Fairford had time to notice all this, and to Alan answered by a bow. marvel in his mind that wily and ambitious priests Called to the Scottish bar,' continued his visitor. could have contrived to subject his worthy but sim-There, is, I believe, in the West, a family of birth ple-minded hostess to such superstitious trammels. and rank called Fairford of Fairford.' Father Buonaventure's entrance and appearance in some degree accounted for the whole.

He was a man of middle life, about forty or upwards; but either care, or fatigue, or indulgence, had brought on the appearance of premature old age, and given to his fine features a cast of seriousness or even sadness. A noble countenance,

however, still remained; and though his complexion was altered, and wrinkles stamped upon his brow in many a melancholy fold, still the lofty forehead, the full and well opened eye, and the well formed nose, showed how handsome in better days he must have been. He was tall, but lost the advantage of his height by stooping; and the cane which he wore always in his hand, and occasionally used, as well as the slow though majestic gait, seemed to intimate that his fine form and limbs felt already some touch of infirmity. The colour of his hair could not be discovered, as, according to the fashion, he wore a periwig. He was handsomely, though gravely dressed in a secular habit, and had a cockade in his hat; circumstances which did not surprise Fairford, who knew that a military disguise was very often assumed by the seminary priests, whose visits to England, or residence there, subjected them to legal penalties.

As this stately person entered the apartment, the two ladies facing inward, like soldiers on their post when about to salute a superior officer, dropped on either hand of the Father a courtesy so profound, that the hooped petticoats which performed the feat seemed to sink down to the very floor, nay, through it, as if a trap-door had opened for the descent of the dames who performed this act of rev

erence.

ment was unnecessary.

Alan thought this a strange observation from a foreign ecclesiastic, as his name intimated Father Buonaventure to be; but only answered, he believed there was such a family.

Do you count kindred with them, Mr Fairford? continued the inquirer.

I have not the honour to lay such a claim,' said Fairford. My father's industry has raised his family from a low and obscure situation-I have no hereditary claim to distinction of any kind.May I ask the cause of these inquiries?"

You will learn it presently,' said Father Buonaventure, who had given a dry and dissatisfied hem at the young man's acknowledging a plebeian descent. He then motioned to him to be silent, and proceeded with his queries.

We know how much one expects from a new Waverly Novel, and how difficult it is to satisfy high expectations; and we are aware that if former achievements are not surpassed, we are apt to think they are not equalled; still, while we admit that Redgauntlet has interested and amused us, we are constrained to rank it as decidedly in the second class of this author's productions. It did not cost him effort enough to relieve it from the appearance of great carelessness, and though it demonstrates, like every thing he has written, the possession of remarkable powers, it exhibits them slightly, and seldom exerted.

A large portion of the pamphlet before us is occupied with an account of a controversy between the Trustees of this Society and certain religious Societies in relation to this fund. It appears, that a law of the State allows the different Religious Societies in that city to establish free schools, and puts them on the same footing with this institution, by allowing all to draw from this fund in proportion to the number of scholars taught in their respective schools. Some of these Societies, it would appear, have taken especial care to increase their number of scholars as much as possible; and, by hiring incompetent teachers at a lower salary than that paid by the Free School Society, have reserved a surplus from the sum drawn out of the school fund, which they have appropriated to the erecting of school-houses. Whether they have been induced to these measures from a belief that no religious education would be availing which did not inculcate the peculiar principles of their respective sects, or found a still more powerful motive in the consideration that these school-houses would be the property of the Society thus erecting them, we do not stop to inquire. It is sufficiently obvious, that these measures were rapidly tending to defeat the usefulness of the Free School Society, by depriving it of its funds, and appropriating them less beneficially, if not wresting them from the purposes for which they were intended. For, by establishing schools of an inferior quality, these Societies were doing much to bring the system itself into disrepute; and were investing a part of the public School fund in real estate, which would henceforth belong Aware of this state of to themselves. things, the Corporation of that city united with the Trustees of the Free School, in an application to the Legislature for a remedy. They were joined by a large number of their fellow citizens, and by some of the Religious Societies themselves. An act has passed the House of Assembly for this purpose, and we cannot doubt of its ultimate success in the other branches, as it was reported to the Senate without amendment, but they had not time at their It appears by the present Report, that last session to consider it. We can look there are ten schools now under the care with indifference on the competition beof the Society, four of which are taught by tween the proprietors of steam-boats and females and composed of girls only; four stages. If they ruin their own fortunes, others are of boys exclusively, and two are the community will suffer no serious loss. composed of both sexes. The whole num- But a rivalry which shall tend to impede ber of scholars at the present time is four the efforts and diminish the resources of an thousand three hundred and eighty-four. institution like this, is a public injury, which All these are taught on the Lancastrian every friend to the moral and intellectual or mutual instruction system, which was advancement of his species cannot but first introduced into our country by this So-deplore.

The Father seemed accustomed to such homage, profound as it was; he turned his person a little way first towards one sister, and then towards the Nineteenth Annual Report of the Trustees other, while, with a gracious inclination of his per- of the Free School Society of New York; son, which certainly did not amount to a bow, he with an Appendix. New York, 1824. acknowledged their courtesy. But he passed for8vo. pp. 68. ward without addressing them, and seemed, by so doing, to intimate that their presence in the apart- THIS is one of the most useful institutions in our country. Experience has set her They accordingly glided out of the room, retreat-seal to this testimony; and it is corroboing backwards, with hands clasped and eyes cast rated by an interesting circumstance stated upward, as if imploring blessings on the religious man whom they venerated so highly. The door of in this, the Nineteenth Annual Report, that the apartment was shut after them, but not before" more than twenty thousand poor children Fairford had perceived that there were one or two have been registered on the books of the men in the gallery, and that, contrary to what he schools, but one of whom has been traced had before observed, the door, though shut, was not to a criminal court." When we consider locked on the outside. that it is the children of the poor and indigent only who are admitted into these schools, and thus rescued from ignorance and vice, we shall be prepared to appreciate the importance of this fact, as evidence of the intellectual and moral culture which these schools afford.

Can the good souls apprehend danger from me to this god of their idolatry? thought Fairford. But he had no time to make farther observations, for the stranger had already reached the middle of his

apartment.

Fairford rose to receive him respectfully, but as he fixed his eyes on the visitor, he thought that the Father avoided his looks. His reasons for remaining incognito, were cogent enough to account for this, and Fairford hastened to relieve him, by looking downwards in his turn; but when he again raised his face, he found the broad light eye of the stranger so fixed on him, that he was almost put out of countenance by the steadiness of his gaze. During this time they remained standing.

Take your seat, sir,' said the Father; you have been an invalid.'

He spoke with the tone of one who desires an inferior to be seated in his presence, and his voice was full and melodious.

Fairford, somewhat surprised to find himself

137

rey's Bengailee New Testament.
There have been five editions of Dr Ca-

We certainly approve of the system of motion of Christianity in India. To ren- which is in the Oordoo or court dialect, into a mutual instruction, if applied to its proper der the information definite, a number of greater conformity with the popular dialect called objects and kept within due bounds; but questions are propounded respecting the the Hinduwee. These, as far as my information we are not so sanguine as to believe that it real success attending the exertions now with effect in the work of translating the Scriptures extends, are the only persons who have engaged will make many profound scholars, or do making for the conversion of the natives into any of the languages spoken or read in the much to elevate our rank in science and of india; the standing, number, and char- Bengal Presidency; and such, to the best of my literature among the nations. But if it acter of the converts; the comparative knowledge, is the amount of their labours. does little to increase the intensity of light success which has attended the labours of which surrounds us, it will do much by dif- Missionaries of the various denominations; fusing that light, and extending it into the the numbers and standing of Unitarian remoter corners and by-places of compara- Christians, and the treatment they receive tive obscurity, until all the dark and shad- from others; the causes which have preowy recesses in the social structure are vented, and still prevent the reception of gladdened by its peaceful radiance. The Christianity. He also inquires whether benefits of a thorough spread of useful there are any reasons for supposing that knowledge to a community like ours, and the obstacles, which have hitherto opposed to a government whose very existence must its progress, would be removed by presentdepend upon the virtue aud intelligence of ing it under the form of Unitarianism, and the people, are incalculable. in what way efforts for this end should be made; whether any benefits have resulted from translating the Bible into the languages of the East; what is the character of the translations which have been made; what parts of India or of the East afford the best prospects for propagating the gospel.

We learn from another source, that measures are in operation for establishing a school in that city, to teach the higher branches of education on the plan of mutual instruction, and that a building is now erecting for that purpose. We have supposed that this system was adapted to the simpler elements of education only; and that it could not be applied to the higher branches with advantage. The account of the High School of Edinburgh, given by Professor Griscom in his "Year in Europe," has somewhat altered our opinion in this respect. But we still think the common mode of teaching the Classics and the higher branches of Mathematics, is to be preferred wherever it is practicable. As, however, the establishment of such a school will be likely to extend the knowledge of some of the higher branches of education to those who, for want of means or opportunity, would otherwise remain destitute, it has our most cordial wishes for its prosperity.

The Newspapers inform us of the arrival of Mr Lancaster at Carraccas, whither he has gone for the purpose of establishing his system in the new republics of South America. That country offers a wide field for his exertions, if the policy of their religion will suffer him to labour in it. He is not the man whom we should think best calculated to recommend this system to the attention of strangers; but he possesses two important requisites-great zeal in the cause, and thorough acquaintance with his subject; and, for the sake of the excellent cause in which he labours, we hope he will meet with no insurmountable obstacle to its advancement.

following. Dr Carey produces a version in The plan followed in translating, is the Bengallee, and employs a Pundit to translate from this into some other language; a second Pundit uses the version of the first, to translate into a third language. This, however, is the case only when the seve ral Pundits do not all understand Bengallee. There can be no doubt that the text is somewhat corrupted by these successive translations; yet it is to be remarked, that where the translation was superintended by Dr Carey, he compared every version with the Bengallec, and doubtless with the original. The Pundits employed in this work, are supposed to be, in most cases, really learned men, but there have been some exceptions.

These are the principal questions propounded by Dr Ware. Mr Adam has replied to them at considerable length, and given, what we believe to be, in general, means next in importance. The total of The publication of Christian tracts is the a just account of the state of Christianity tracts printed, in different languages, by in Hindoostan. Our belief of the general the Congregational Missionaries during the correctness of his statements is strength-five years since the formation of their Soened by their agreement with other opin-ciety, was one hundred and seventeen thouions and testimony of great weight. It is sand. The number issued by other Societo be noticed that Mr Adam published Dr ties is not given. Mr Adam has a very Ware's questions, and the substance of his unfavourable opinion of the character of own reply, in Calcutta, where one would these tracts. think he could hardly be induced by any from his difference of religious opinion; but This was to be expected motives, to hazard misrepresentations on a from the facts he has stated with respect subject so interesting to his theological op- to some of them, we cannot but think his ponents. We have made these remarks, judgment correct. because we supposed most of our readers, like ourselves, unacquainted with Mr Adam. We shall now proceed to give an abstract of the information, which he furnishes in his communication dated December, 1823.

tive Indian languages has been much reliThe preaching of the Gospel in the naed on by the various sects of Missionaries, and still continues to employ considerable numbers. Many of these are quite incomOf the exertions now making for the to have generally committed a great error, petent to the task, and they are supposed conversion of the natives, the most impor- in preaching principally to the poor and tant is the translation of the Scriptures. illiterate. We have not room to say much The principal of the translators is Dr Ca- of them, but shall presently state the derey, Professor of the College of Fort Wil-gree of success which has attended their liam, who, with the aid of learned natives, labours. called Pundits, had, several years ago, produced versions in six or seven different languages, and he may have added others since.

Next to Dr Carey, in the list of translators, are the Rev. Henry Martyn, a chaplain of the East India Company, who translated the New Testament into Hindoosthanee and Persian; the Rev. John Correspondence relative to the Prospects of Chamberlain, a Baptist Missionary, who laboured Christianity, and the Means of Promot-long and diligently at translations of the New Tesing its Reception in India. tament into Hinduwee and Bruj, but experienced Cambridge, considerable difficulty in getting them through the 1824. 8vo. pp. 138. press; Mr Ellerton, an indigo-planter, who translated the New Testament into Bengallee, professsame language; Archdeacon Corrie and the Rev. edly improving upon Dr Carey's version into the Mr Thomason, who have engaged to furnish the Calcutta Bible Society with a translation of the Old Testament into Hindoosthanee, corresponding has been for some time past engaged in modifying Bowley, a country-born Church Missionary, who Mr Martyn's Hindoosthanee New Testament,

ly of Europeans, there are none except a Of Christian Societies composed entirefew in the army. There are five Societies Europeans, and partly of country-borns, in different places, composed "partly of Portuguese, and Armenians; and fifteen, composed principally, or wholly, of native members." The number of native Christians in each of these churches is supposed not to exceed twenty.

The education of the natives is promoted on a small scale, by Boarding schools, and schools established by government, and by superintending, at fixed salaries, native others supported by public contributions. Something has also been done by way of translating elementary works into the na

THE pamphlet commences with a letter dated Harvard College, April, 1823, addressed by the Rev. Dr Ware to the Rev. W. Adam, a Unitarian minister in Calcutta. It was written for himself and other UnitaIrians with whom he is associated, for the to Mr Martyn's translation of the New; and Mr tive languages, and by the publication of

purpose of obtaining information whether any thing can be done by them for the pro

18

periodical works. A College has also been established at Calcutta, and one at Seram

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