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that, by the Roman law, a reference far less the consent of their party. binds the party who makes it: andIn this matter, my Lords, I consithe terms of the oath are decisive. But I also know from experience, the great utility of requiring an answer upon oath without such reference the party may refuse it; if he does so, the Judge will presume against him. Suppose no such answer is demanded of the plaintiffs, I believe they will not refuse it; and if their answer is negative, I should also incline to believe it, though the respondents, after this, might be at liberty to establish the contrary a gainst every proof they have to offer. To me, my Lords, it appears, from every circumstance at the time, that the plaintiffs neither knew nor apprehended any intention upon the part of the respondents, of deviating from the plan finally adjusted : nay, I believe the corporation itself meant nothing of that kind at the time, even the words of the reservation itself, are sufficient to convince me ; as it is not intended at present (say they) to feu out the ground between the south street and the northloch. I should be glad to know what the gentlemen meant, by the words, at present. Such words were unnecessary, because the plan itself speaks this intention. Had it been marked on that plan, that houses, and not pleasure grounds, were intended upon this area, then indeed the obligation proposed to the feuars would have been in their favour: but the feuars, I suppose, will accept of no such obligation: it would indeed require strict legal words to qualify a plan so finally and formerly adjusted; for the corporation expressing them selves, that if houses were afterwards built there, was supposing in themes lors a right without reserving it, a right which they had disposed of by their plan, a right to which they are now unable to prove with the knowledge,

der the corporation of Edinburgh merely as a Committee of city lands, but I would have that corporation remember, that their character is different. If a mere committee for enriching this incorporation, what title had they to a national contribution? what title to the in. terposition of the legislature? what the purpose of calling to their asistance noblemen of the first rank in the nation of advising with people of distinction snd taste? No, my Lords, these things speak the gentlemen's meaning at the time. Of a sudden, however, forgetful of their character, they sink into a borough committee: Profit is the word, the elegance and beauty of their first plan is thrown away; Canal Street appears. I should be glad to know whether the gentlemen of taste I have mentioned, my Lords Alemore and Kaims, Mr Commissioner Clerk, and Mr Adams, were consulted about these new erections, which I am told vie in deformity with those of the old town. Nay, I would ask the standing counsel at the bar, if they were advised; I have not heard them say so. I could say a great deal more upon this subject, but I do not chuse to do it; and I hope we shall hear no more of the matter. Let me earnestly recommend to this corporation, to call to their aid the same assistance they set out with; let them consult with their standing counsel what may be for their honour, what for their interest, neither of which they seem for some time to have understood. I give my opinion, therefore, my Lords, for continuing this injunction, not only on the plain and open principles of justice, but from regard to the public, and from regard to this misguided corporation itself.”

Estimate

Estimate of the Population of the GLOBE.

(From Volney's View of America.)

THE United States of North America are known to con

tain

The Spaniards admit the population of Mexico to amount to
Canada, in 1798, reckoned 197,000; say

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5,215,000 3,000,000

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200,000

Upper and Lower Louisiana cannot be reckoned at more than
The two Floridas about the same number

40,000

40,000

The Creeks, Chactaws, and Chicasaws, who have 8000 warriors
All the savages of the Wabash and Michigan, at most
The rest of the savages throughout the Continent taken toge-
ther, as far as the Frozen ocean and the sea of Nootka sound. 600,000

24,000

15,000

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Thus the population of all North America very little exceeds 9 millions, and we may consider the last article, that of the savages, as too great by perhaps half.

South America does not appear to have atttained an equal num

ber. Well informed Spaniards do not estimate the population of all their possessions, in this part of the world, namely Peru, Chili, Paraguay, La Plata, and even Caraccas, not including the unsubjected Indians, at In Brasil are reckoned 500,000 Portuguese and 600,000 groes

ne

The Indians not subjugated can scarcely be estimated with precision, but, considering the territory they occupy, they cannot equal in number half the whites. I reckon them therefore only at

4,000,000

1,100,000

5,100,000

1,000,000

The colonies in the West India Islands and Isthmus of Darien .do not exceed

1,800,000

Dutch and French Guiana cannot be more than

75,000

Asia.In the enumeration of China published last year by the English, the population of the country amounts only to 55,000,000; and, supposing that of the cities to equal it, which is allowing a great deal, this would make 110 milli. ons; and by comparison with Europe this empire cannot exceed

Persia, according to Olivier, has only

On a particular examination of all Turkey in Asia, I cannot find more than

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I do not think therefore all Asia, including these, contains more than

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Europe is well known to contain 140 or 142 millions, say

11,000,000

240,000,000 142,000,000

Africa, including Egypt, can scarcely be more populous

than America, but let us admit

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Lastly, for the South Sea Islands, New Guinea, &c. let us al

low, though it is too much,

Thus we shall have for the whole globe a total of

30,000,000 20,000,000

5,000,000

437,000,000

State of Emigrations from the HIGHLANDS, in the years 1801, 1802, and 1803.

(From Brown's Answer to the Earl of Selkirk.)

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Description of a party of NORTH-A. MERICAN Savages.

From Volney's View of America.

MY stay at Fort St Vincents gave

me an opportunity of observing the Savages; whom I found assembled to sell the produce of their redhunt. There were reckoned to be four or five hundred men, women, and children, of various nations or tribes, as the Wecaws, Payouries, Saukies, Pyankishaws, Miamis, &c., all living towards the head of the Wabash. It was the first time of my observing at leisure these people, already become rare on the east of the Alleghanies. Their appearance was to me a new and whimsical

1280

sight. Conceive bodies almost naked, embrowned by exposure to the sun, and air, shining with grease and soot, a head uncovered; hair coarse, black, sleek, straight, and smooth; a face disguised with black, blue, and red paint, in round, square and rhomboidal patches: one nostril bored to admit a large ring of silver or copper; ear-rings with three rows of drops reaching down to the shoulders, and passing thro' holes that would admit a finger; a little square apron before and another behind, both fastened by one string or ribband; the legs and thighs sometimes naked, at others covered with long cloth spatterdashes; socks of leather dried in the smoke; on some occasions a shirt with short, wide sleeves, variegated

or

or striped with blue and white, and flowing loose down the thighs; and over this a blanket, or a square piece of cloth thrown over one shoulder, and tied under the opposite arm, or under the chin. On particular occasions, when they dress for war or for a feast, the hair is braided and interwoven with feathers, plants, flowers, and even bones: the warriors wear round their wrists broad rings of copper or silver, resembling our dogs collars, and round the head a diadem formed of silver buckles and trinkets of glass; in their hand they have their pipe, or their knife, or their tomahawk, and the little looking-glass, which every savage uses with more coquetry, to admire so many charms, than the most coquettish belle of Paris. The women, who are a little more covered about the hips, differ from the men likewise, in carrying almost continually one or two children on their back in a kind of bag, the ends of which are tied on their forehead. Whoever has seen gypsies may form a very good idea of this luggage.

Such is the outline of the picture, and I exhibit it in the most favourable point of view. For if I were to display the whole, I must add, that from early in the morning, both men and women roam about the streets, for no other purpose but to procure themselves rum: and for this they first dispose of the produce of their chase, then of their toys, next of their clothes, and at last they go begging for it, never ceasing to drink, till they are absolutely senseless. Sometimes this gives occasion to ridiculous scenes; they will hold the cup to drink with both hands like apes, then raise up their heads with bursts of laughter, and gargle themselves with their beloved but fatal liquor, to enjoy the pleasure of tasting it the longer; hand the cup from one to another with noisy invitations; all to one only three steps off as loud

as they can bawl; take hold of their wives by the head and pour the rum down their throats, with coarse caresses, and all the ridiculous gestures of our regular ale-house sots.

Sometimes distressing scenes ensue, as the loss of all sense and reason, becoming mad or stupid, or falling down dead drunk in the dust or mud, there to sleep till the next day. I could not go out in a morning without finding them by dozens in the streets or paths about the village, literally wallowing in the dirt with the pigs. It was a very fortunate circumstance if a day passed without a quarrel, or a battle with knives or tomahawks, by which ten men, on an average, lose their lives yearly. On the 9th of August, at four o'clock in the afternoon, a savage stabbed his wife in four places with a knife within twenty steps of me. A fortnight before a similar circumstance took place, and five such the year preceding. For this vengeance is immediately taken, or dissembled, till a proper opportunity offers, by the relations, which produces fresh causes for waylaying and assassination. I at first entertained the design of going to live a few months among them, to study them as I had done the Bedoween Arabs; but when I had seen these specimens of their domestic manners; and many of the inhabitants of the place, who acted as tavern-keepers to them, and were accustomed to go and trade among them, assured me that the laws of hospitality did not exist among them as among the Arabs; that they had neither government nor sub. ordination; that the greatest war chief could not strike or punish a warrior even in the field, and that in the village he was not obeyed by a single child except his own that in these villages they dwelt singly, in mistrust, jealousy, secret ambushes, and implacable vengeances; in a word, that their society was a state

of

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