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Sprout ! quoth the man ; what's this you The bustle and the raree-show
That occupy mankind below,
4 And really yours is budding too
You think, no doubt, he sits and muses Nay,—now I cannot stir įny foot ;
On future broken bones and bruises, It feels as if 'twere taking root.
If he should chance to fall. Description would but tire my Muse; No ; not a single thought like that In short, they both were turn'd to yezus. Employs his philosophick pate, Old Goodman Dobson of the green
Or troubles it at all. Remembers, he the trees has seen;
5 He'll talk of them from noon till night And goes with folks to shew the fight;
He sees, that this great roundaboutOn Sundays, after evening-prayer,
The world with all its motley rout, He gathers all the parish there ;
Church, army, physick, law, Points out the place of either yew;
Its customs, and its bus'nesses Here Baucis, chere Philemon, grew:
Is no concern at all of his, Till once a parson of our town,
And says-what says he ?-caw. To mend his barn, cut Baucis down ;
6 At which 'tis hard to be believ'd
Thrice happy bird ! I too have seen
For such a pair of wings as thine,
And such a head between 'em.
Breathing the smell of held and grove, Stood fixed her stately height ; and attune
straight the doors, The trembling leaves....... MILTON. Opening their brazen folds, discover wide
Within her ample spaces o'er the smooth And broad-leaved Zennars in long colo- And level pavement. From the arched nades
roof, O’er-arched delightful walks, Pendent by fubtle magick, many a row Where round their trunks the thousands of starry lamps and blazing creffets, fed tendriled vine
With Naphtha and Asphaltus, yielded Wound up and hung the bows with light greener wreaths,
As from a sky.... MILTON, And clusters not their own. Wearied with endless beauty did his eyes Return for rest? Beside him teems the There emerald columns o'er the marble earth
court With tulips, like the ruddy evening Fling their green rays, as when amid a streaked,
fhower And here the lily hangs her head of snow, The sun shines loveliest on the verpalcorn. And here amid her sable cup
HereShedad badethe fapphire floor be laid, Shines the red eye-spot, like one brightest
As though with feet divine ftar,
To trample azure light, The folitary twinkler of the night, Like the blue pavement of the firmament. And here the rose expands
Here self-fufpended hangs in air, Her paradise of leaves.
As its pure substance loathed material
The living carbuncle ;
Sun of the lofty dome,
Intense it glows, an ever-flowing tide
of glory, like the day-flood in its source. The murmuring of the leafy groves ;
SOUTHEY. The fingle nightingale, Perch'd in the rosier by, so richly toned, He forthwith from the glittering Staff That never from that most melodiousbird,
unfurl'd Singing a love-song to his brooding mate,
The imperial enfign, which, full high
advanced, Did Thracian shepherd by the grave
Shope like a meteor streaming to the Of Orpheus hear a sweeter song ;
wind, Though there the spirit of the fepulchre
With gems and golden lustre rich emAll his own power infuse, to swell
Seraphick arms and trophies.
Lo, where the holy banner waved aloft, With golden architrave; nor did there The lambent lightnings played. Irradi.
ate round, Cornice or frieze, with boffy sculptures As with a blaze of glory, o'er the field graven ;
It streamed miraculous fplendour. The roof was fretted gold. The afcend
SOUTHEY. ing pile
FOR JULY, 1806.
Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, quæ eximenda, ar.
bitrarer. Nam ego dicere verum assuevi. Neque ulli" patientius reprehenduntur, quam qui maxime laudari merentur. Pliny.
composed very much of rules, New-York Term Reports of cases
made and adhered to more from argued and determined in the the necessity of having a rule, than Supreme Court of that state.
from any intrinsick propriety in By George Caines, counsellor at the rule itself; a science, which law, and reporter to the state. embraces almost the whole extent In three volumes ; from May, of human action, there can be nei. 1803, to Nov. 1805. New-York, ther accuracy nor safety in the de. printed for, and sold by Isaac cisions of a judge, who has not Riley & Co.
much time for deliberation, and
all the lights which books can We congratulate the profession give. The maxim of a lawyer upon the appearance of these vol- should be, via trita, via tula. The umes, as we have no doubt that aids of genius alone, in such a sci. their utility will be generally ac- ence, will not suffice, and the man knowledged. The reporter, in who follows them will soon find his preface, makes some pertinent himself bewildered and lost. For observations upon the importance the trial of a simple or a compli. of his office, the propriety of which cated question of fact, (no other will be fully felt. We were here question should ever be definitivesorry to observe a violation of ly settled upon a trial) our own exgrammar, a blot which does not perience has shown, that one judge often stain the pages of the report- is more fit than half a dozen, or er. Preface, page 5. “ And the than a Roman court of judices sebar has generously and frankly af- lecti would be, composed even of forded their cases," &c. Upon such men as Hortensius and Cicero. perusing these volumes, every In reading the reports of Amerreader, who has any pretensions ican decisions, we too often have to the character of a lawyer, will to lament frequent differences in acknowledge the superiority of the the opinions of the judges. In system of jurisprudence in New- these volumes we find the same York, to most others in the United cause for regret. In a country States. We speak of the English like ours, we know of no remedy nisi prius system. When we per- for the evil. In some states the ceive how favourable it is at once office of a judge is elective, in all to the utmost deliberation, and to it is considered, more or less, as the greatest economy and expe- a round on the ladder of power, dition, it is difficult to tell why the from which the judge can exhibit good people of our country should himself most effectually for the so long oppose its introduction. admiration and approbation of the Every lawyer knows, that in a sci- citizens. Hence the frequent ence so technical as his ; a science changes in our courts ; so great
are they, that no man, for ten we have noticed. Vol. I. page years together, can know the court 398. “ neither party have a right" from any personal identity. _" the sale of the premises was
As to the general execution of merely hearsay.” In addition to these reports, the cases are stated this, we observe, that some of the with brevity, with method, and marginal statements are incorrect, perspicuity. The arguments of and some unintelligible. Vol. I. counsel are given much in the page 450, Given vs. Driggs, the manner of the modern English re- marginal statement is wholly unporters. It may be thought, that intelligible. Vol. II. 188. Frost many of them are given more dif- et al. vs. Raymond, from which fusely than was necessary. Still, it would seem, that it was deterwhen the lawyer considers, how mined by the court, that the word much the frequent citing of cases 6 dede,” in a conveyance derived facilitates his labours, and refresh- from the statute of uses, containes his memory, he will have noth- ed an implied covenant. ing to regret on this head. The porter tells us in his preface, that mere name of a case has often in most cases he received the saved much precious time, and written opinions of the court ; of many a laborious search. For course he is not responsible for the these reasons every lawyer will be defects of their manner or matter. indebted to the reporter for his It is impossible not to perceive, notes and marginal references, in that they might, in many instanwhich many authorities, illustrat- ces, be curtailed, to the great ading the point in controversy, are vantage of many a weary eye and cited. In cases, where the author- many an aching head. The style ity only is cited by the counsel, the of the opinions is generally corname of the case is mentioned in rect, and lawyer-like. In Amerithe margin. Every professional ca, however, every man, from the man, who knows how mechanical lowest to the highest, seems to is his science, and how important consider, that, with the charter of to the memory are such aids, will his freedom, he has derived an feel the full value of them. From exemption from all the ancient this general approbation, we are penalties, which were inflicted upsorry to make any deductions. In on the slovenly murderers of his some instances there is failure of majesty's English. That the attention, and in some a want of learned judges in the state of Newaccuracy. It is at least the duty York 'are not unmindful of their of a reporter to exhibit the coun- liberties the following instances sel in a decent garb, however will shew. Vol. I. p. 274, “ beslovenly they may themselves con- cause the court overruled certain sent to appear. A filthy, or a tal- objections from being put.” Vol. tered dress is neither decorous nor I. p. 315, “if the award in quesdignified before the most respect. tion be good and valid in pursuance able tribunal in the state. If the of the submission, it may undoubt. reporter had bestowed a little more edly be given or pleaded in evilabour upon his reports, there dence." Vol. II. p. 45, to arrest would not be found such instances the goods from the vendor under of awkwardness, inaccuracy, and these circumstances," &c. Vol. bad grammar as the following, III. p. 93, Court," the verdict which are among the very many was clearly against the weight of evidence, and ruled wrong by the prima facie evidence of debt only, judge." We were sorry to ob- is important in this point of view. serve in Vol. III. p. 180, in the Some, perhaps may doubt of the opinion of Justice Livingston, so correctness of the decision, when much pleasantry at the expense tested by the constitution, but none of dignity and decorum. Humour will hesitate to acknowledge the is a very good thing, but it no more practical propriety and utility of becomes the legal robe upon the the doctrine, if it can be reconbench, than the sacerdotal at the ciled with the constitution. In altar. We were not less disa- the case of Nash vs. Tupper, Vol. greeably impressed by the posi- I. p. 402, it was determined that tive and dogmatical manner, in in a suit upon a foreign contract, which the same judge gives his the statute of limitation of the opinion, after that of the chief state of New York should govern. justice, which was different, in There are many other cases of Vol. II. p. 286. All these defects, general utility. however, are but small excrescences upon a surface generally smooth and polished. The close
ART. 30. general adherence to English au- Original Poems : By Thomas Green thorities and precedents ; the nu- Fessenden, Esq. author of Termerous commercial and general rible Tractoration, or Caustic's cases, which will afford information
petition to the Royal College of and argument, if not authority, to Physicians, and Democracy Unthe profession in every state ; the veiled. Philadelphia : printed great industry and investigation at the Lorenzo Press of E.Brondisplayed by the court, and its ex
son, 1806. p. 204. 12 mo. tensive learning, not only in commercial law, but in the whole cir- The author of these poems cle of law, ancient and modern, has been singularly fortunate in foreign and domestick, will render receiving that applause, which has these reports a valuable acquisition sometimes been denied to others to the country at large. These of equal merit. This mode of volumes will be less valuable to publishing a collection of occathe profession generally, on ac- sional poems, many of which have count of the numerous cases upon appeared in the newspapers of the practice, with which they are day, may be the means of attaincrowded. But this was unavoid- ing present notoriety, but will able. It is the business of a re- hardly secure future fame. The porter, for the information of prac- author writes with ease, or, at titioners, to report every case, least, easy verses.
But he is unhowever unimportant it may be, fortunate in the republication of in deciding general principles. many of the political satires. They There are several cases particu- are well enough for the moment, larly deserving notice, as deciding but the publick absolutely nzuseate important principles. The case the repeated accounts of obscure, of Hitchcock v8. Aiken, Vol. I. factious individuals, who rise and p. 460, in which it was decided, perish, in the progress of party, that the judgment of a foreign like fungi on a dungheap. state should not be considered as The extracts from reviews, at a domestick judgment, but as the end of the volume, the author
Vol. III. No. 7. 2Y