906 Et fine, diffinire Musae Origo rerum et terminis omnium, Cunctus, salusque et vita, et aucta Tu verus altæ fons sapientiæ, Ubique Totus ; tempore in omnibus Omni quiescens ipse Deus locis, Partes in omnes distributus, Integer usque manens ubique. Decus jubarque, et lumen amabile, Et lumen almum atque inviolabile, Tu summa summarum. Quid ultra ? Maximus, optimus, unus, idem. L. SELECTED. THE AFRICAN. By Rev. W. L, Bowles. FAINT-gazing on the burning orb of day, “ Now thy long, long task is done, “Fearless o'er the foaming tide . Nec comprehensum ullis regionibus, Illius alta est velle potentia, Quod dicit, uno tempore perficit ; Cuncta intuetur, perspicit omnia, Atque ipse plenus, cuncta replet sui, Te, te oro; tandem respice me bonus, Quicunque junxit se tibi, et altius Laboriosis tu vigor inclytus Tu summa nostris pectoribus quies Tu meta, pondus, tu numerus, decor ; amor, The wounds, the agony severe, "Fear not now the tyrant's power- "Go in peace-yet we remain Far distant, toiling on in pain; Ere the great Sun fire the skies To our work of woe we rise; And see each night, without a friend, The world's great comforter descend! "Tell our brethren, where ye meet, Thus we teil with weary feet; Yet tell them, that Love's gen'rous flame, In joy, in wretchedness, the same, In distant worlds was ne'er forgotAnd tell them, that we murmur notTell them, though the pang will start, And drain the life-blood from the heartTell them, generous shame forbids The tear to stain our burning lids! Tell them, in weariness and want, For our native hills we pant, Where soon, from shame and sorrow free, We hope in death to follow thee." HYMN....BY BURNS. Scene... A field of battle...time of the day, evening....the wounded and dying of the victorious army are supposed to join in the follerving song. FAREWELL, thou fair day, thou green earth, and ye skies Now gay with the bright setting sun; Farewell loves and friendships, ye dear tender ties, Our race of existence is run! Thou grin king of terrors, thou life's gloomy foe, No terrours hast thou to the brave! Thou strik'st the dull peasant, he sinks in the dark, Nor saves e'en the wreck of a name; Thou strik'st the young hero, a glorious mark! He falls in the blaze of his fame! In the field of proud honour...our swords in our hands, Our king and our country to save... While victory shines on life's last ebbing sands, O! who would not rest with the brave! AN EPISTLE TO J. HILL, ESQ. By Cowper. DEAR Joseph-five and twenty years ago- Whence comes it, then, that in the wane of life, Though nothing have occurr'd to kindle strife, We find the friends we fancied we had won, Though num'rous once, reduc'd to few or none ? Can gold grow worthless that has stood the touch? No-gold they seem'd, but they were never such. Horatio's servant once, with bow and cringe, Swinging the parlour-door upon its hinge, Dreading a negative, and overaw'd Lest he should trespass, begg'd to go abroad. I knew the man, and knew his nature mild, Perhaps 'twas mere good humour gave it birth, The harmless play of pleasantry and mirth. Howe'er it was, his language, in my mind, Bespoke at least a man that knew mankind. But, not to moralize too much, and strain To prove an evil of which all complain, (I hate long arguments, verbosely spun) One story more, dear Hill, and I have done. Once on a time an emp'ror, a wise man-No matter where, in China or JapanDecreed, that whosoever should offend Against the well-known duties of a friend, Convicted once, should ever after wear But half a coat, and show his bosom bare. The punishment importing this, no doubt, That all was naught within, and all found out. Oh, happy Britain! we have not to fear Such hard and arbitrary measure here; Else, could a law like that which I relate Once have the sanction of our triple state, Some few, that I have known in days of old, Would run most dreadful risk of catching cold; While you,my friend,whatever wind should blow, Might traverse England safely to and fro, An honest man, close-buttoned to the chin, Broad-cloth without, and a warm heart within. Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, quæ eximenda, arbitrarer. Nam ego dicere verum assuevi. Neque ulli patientius reprehenduntur, quam qui maxime laudari merentur.-Pliny. ARTICLE 23. An Enquiry into the Law Merchant of the United States; or Lex Mercatoria Americana, on several heads of commercial importance. Dedicated by permission to T. Jefferson, president of the United States. In two volumes. Vol. I.* IF New-York, Isaac Collins & Son, New-York, Isaac Collins & Son, for Abraham & Arthur Stansbury, 1802. 8vo. pp. 815. any general observation applies to American writers, it is that they are not careful, by learned diligence, by the study of approved works, and by repeated essays in private, to acquire an elevated standard of taste. Who among them has shewn, that his works are the images of that divine model, which had a previous existence in the mind of the author? To make a volume, something more is necessary, than manual labour. The mere manufacturers of books are less deserving of patronage, than the humblest artizans in society. They degrade the dignity of intellectual exertion. They write only for money, and they judge of the goodness of their work, as a shopkeeper of his cloth, by its saleable quality. The work before us is modestly entitled, "An Enquiry into the Law Merchant of the United States," From the nature of commerce it is This work is by George Cains of New-York. The fecond volume is not yet published. not capable of being regulated by the municipal laws of individual states, but it must be governed by a code, which is respected by all civilized nations, and denominated the Law Merchant. In respect of the universality of this system, it may be considered as a portion of the law of nations; not indeed regulating the intercourse of independent states, but obligatory on the individuals of each state among themselves, and with the citizens of other states, in the multifarious transactions of trade and commerce. Men engaged in a similar pursuit would naturally observe similar rules of acting, and this of itself sufficiently accounts for the origin of a distinct code of laws for that vast portion of our species, who are employed in the acquisition of gain by buying and selling. The laws of particular states, which relate to commerce, usually • Lord Mansfield, speaking, in the cafe of Luke et al v. Lyde. 2d Burr. 887, of the maritime law, which is a branch of the law of commerce, fays: "The maritime law is not the law of a particu lar country, but the general law of nations: non erit alia lex Romæ, alia Athenis; alia nunc, alia pofthac; fed et apud omnes gentes et omni tempore, una eademque lex obtinebit." Cic. Off. 3. This was a queftion of freight between two British fubjects. In expreffing the opinion of the court, Lord Mansfield quoted the Rhodian Laws, the Confolato del Mere, which is a Spanish work, the Ufages and Cufoms of the Sea, a French book, the Laws of Wifbury, the HanfeTown Laws, Roccus de Navibus et Naulo, and the Ordinance of Lewis the XIV. respect the collection of the ly, on the right of visitation and impost. In work therefore, search claimed by belligerents. It which professes to treat of the concludes with a general account commercial law of the United of the proceedings in the admiralty States, we should expect to find a in cases of prize. The natural situadigest of the statutes of congress, tion of our country is highly favourrelating to this subject, with the able,both for peace & for commerce, constructions given to them by and therefore the rights of neutrals decisions in the federal courts, and to carry on commerce with other more especially in the supreme nations, which are at war, are to court of the United States, togetli- our citizens peculiarly interesting, er with no inconsiderable portion They should be asserted with the of the Law Merchant. authority due to reason and to the Accordingly ve find, that the usages of nations heretofore, and author in his I. chap. treats of the with all the energy of national laws, which regulate that portion strength. A direct trade by neu, of the shipping of the United trals between the colony and the States, employed by the trading mother country of a belligerent is and mercantile part of the com- contrary to the law of nations. munity. It contains an analysis But neutrals have heretofore been of all the statutes relating to the authorised to import the produce title, use, and privileges of vessels, of a belligerent into their own ter, engaged either in the foreign, rịtories, and to export it to any coasting, or fishing trades. In this other, even to the mother country. chapter are some ingenious and Where this is done in strict convaluable observations on the ques- formity with good faith, without tion, whether by a breach of our any attempt to prosecute, by a cir navigation laws the offence is in- cuitous transportation, a commerce · expiable, and the property in the between the colony and the mother vessel or goods is thereby divested country, we conceive that the trade from the owners, so that a subse, is authorised by the law of nations. a quent sale would convey no inter. That a neutral should be prohibitest. Such forfeiture would arise ed by a belligerent from prosecutfrom the policy of the navigation ing a commerce in war, because it law, which might be defeated, if is interdicted in peace, is most unthe property were safe in the hands reasonable. For a nation, as well even of a bona fide purchaser, for a as an individual, has the right to good consideration. pursue its own interests, and to The II. chap. treats of owners seize favourable opportunities, eiof ships. ther for profit or for glory. UnThe III. chap. on commercial less fraud is made manisest, we neutrality,” treats, first, on arti- apprehend, that no belligerent may cles contraband of war in all cases, lawfully interrupt the neutral in and those which become so by an the acquisition of the gain, which accidental combination of circum- flows from his neutral position, stances ; secondly, on the recip. This chapter is alınost entirely rocal rights and duties of the neu- taken from the celebrated Reports tral and the belligerent in cases of of Robinson in the Admiralty. We blockade ; thirdly, on the trade wish that the author had been which the neutral may carry on more minute in that part of it, with belligerent nations; and last- which relates to the forms and ance. method of proceeding in the admi- which relate to the carriage of ralty, Professional gentlemen in goods, either by land or water. this country are generally deficient The VII. treats of the rights in their knowledge of this branch and duties of seamen. of legal science, and have access The subjects considered in the but to few sources of information VIII. are freight, charterparty, on the subject. and demurrage. In the IX. averIn chapter IV. the author treats age and salvage. In the X. insurgenerally of masters of ships, as In the XI. bottomry and acting for themselves, as repre- respondentia. In the XII. mersenting their owners, and as car- chants, agents, factors, and broriers of the cargo laden on board. kers. In the XIII. partnership; He has likewise collected the pro- and in the XIV. bankruptcy. The visions of the general and state appendix contains forms of papers governments, relative to the trans- used at the custom house, admiportation of citizens, and to the ralty precedents, and policies of importation of aliens, paupers, and insurance ; together with a copioffenders against the laws of other ous index of the principal matters countries. in the volume. Chapter V. is on bills of la- Every treatise on the law, must ding, in which the author has derive its value from the correct, well discussed the doctrine of ness and fidelity, with which the “ stoppage in transilu.” From author collects and reports the the cases, which he has diligently principles and decisions, which becollected, it is evident, that a con- long to his subject. signor has a right to arrest goods In analyzing and digesting the in their course, before they statutes of our government the aucome to the possession of the con- thor has exerted a very commendasignee, if they have not been paid ble industry. Compared with the for, or there is reasoable ground size of the volume, and the variety to fear the insolvency of the con- of subjects which it contains, we signee. But as it would offend regret, that he has been able to against common honesty, and collect but so small a number of might be injurious to conımerce, precedents, taken from decisions if the consignor could prevent in our own country. Either we goods from coming to the posses- have not yet learnt the art of resion of an assignee, to whom they porting legal adjudications, or else have been transferred bona fide, the occupation does not present, and for a valuable consideration, to those who are qualified for the it is now well settled, ascording to office, a sufficient prospect of gain. the final decision of the case of In truth, while the unbounded Lickbarrow against Mason, in the rage for speculation, and the viocourts of Westminster, and is now lence of party spirit universally “the general opinion of lawyers, occupy the minds of our citizens, that such an assignment does give our country will produce but few an absolute right and property men eminent for literary accomto the assignee, indefeasible by plishment, - and but few examples any claim on the part of the con- of professional excellence. signor.” In perusing this volume, we The VI. chapter contains an have not always subscribed to the ample collection of the cases, legal opinions of the author, and |