indeed we do not think, that the work derives its greatest value from what may be properly called its original matter. In chapter II. p. 98. he says, Ship owners are tenants in common, and therefore cannot bring trover, one against another, for running away with, and converting the common property; because the poffeffion of one is the poffeffion of all, and therefore no converhion but a special action in the cafe would lie and why, in cafe of an actual sonverfion by a fale of the common property, trover might not be brought, I cannot rvell conceive. It is fettled that an ejectment may be maintained by one tenant in common, against another, after an oufter; and that though, in order to work this, a bare perception of profits is not fufficient, yet it need not be actual; for if, on demand by the co-tenant, of his moiety, the other refufe to pay it; and deny the title, faying he claims the whole and will not pay, and continue in poffeffion; it is an adverse holding, and an oufter; fo in the case of a ship, the mere receiving her freight might not amount to a converfion, but if this be accompanied with a denial of the joint owners right, and an exclusion from the poffeffion, it would, I prefume, be difficult to maintain there was not a converfion; the author is aware the actions of ejectment and trover are not exactly analogous; that in the former, poffeffion, in the latter, damages are recovered; and that detinue would, according to the phrafe of logicians, run more quatuor pedibus; but as the reafon affigned why trover cannot be fupported is, that the poffeffion of one tenant in common is the poffeffion of the other, and therefore no conversion: if, between fuch parties, an oufter can be effected, the principle of community of poffeffion is gone, and that being deftroyed, the poffibility of converfion inftantly arifes. Equity exifts, as it is well faid, in the fictions of law, but in that combatted, it furely is not to be found. In chattel interefts, like thofe of fhipping, the means of recourse for one owner against another, ought, from the facility of alienation, rather to be multiplied than diminished. One tenant in common cannot transfer the land of his co-proprietor, because it must be con veyed by deed; but as in perfonalties, a right of poffeffion is fufficient to pass the ownership, the difpofition by one jointholder of a fhip will be good against his affociates, if followed by delivery of poffeffion. This opinion is imagined to be correct, notwithstanding the mode of conveyance pointed out by the register act; for though a bill of fale be neceffary under its provifions, that circumftance does not, it is conceived, alter the legal nature of the fubject matter, which continues expofed to the fame exercife of power by which it was tranfmiflible before the law was ordained. Therefore, the mode by which a fhip may be set over, remains for the purpose of vefting the intereft, the fame as at common law, though certain formalities are requifite, in order to entitle to a regifter. The action of trover would not lie in behalf of one ship owner, where the common property had been sold by another, because the sale would not amount to a conversion of the property, as nothing would be conveyed by the sale, but the share of the vendor. There is a distinction to be observed between joint owners and joint traders, or, as they are commonly called, copartners in trade, where each can by his act bind the society," where each has the entire possession as well of every parcel, as of the whole," and where therefore a sale or transfer by one will convey the interest of the whole. Mr. Cains has in another place (p. 423) noted this distinction, observing of proprietors of a ship, that they are "tenants in common, and not joint tenants," and wanting therefore "an essential characteristick in the constitution of a partnership concern." The possession of a ship is not considered as proof of ownership; and hence we infer, that when one ship owner undertakes to sell and transfer the common property, no more is conveyed than a SO. the share of the vendor. The of a ship took it away, and sent it purchaser then becomes a tenant to the West Indies, where it was in common with the other owners lost in a storm, this was held by for that share only, in the same King C. I. of the C. B. to be evimanner as though the proportion dence of a destruction, and the jury had been expressed in the deed of under his directions found it to be conveyance. If two have jointly Bull. N. P. 34, 35.' by gift or by buying a horse or an We sincerely regret, that the oxe, &c. and the one grant that to author was not more patient in dihim belongs of the same horse or gesting and arranging his mateoxe to another, the grantee, and rials into form and order. From the other which did not grant, shall the appearance of the work we are have and possesse such chattels led to judge, that it is the juvenile personals in common.' Lit. Ten- production of a student, who misures, sec. 321. took laborious compilation of notes The provisions of law, relative for learning. Treatises of such to the evils which may arise among magnitude are intended principally ship owners, are equal to any oc- for reference and easy access ; on casions, which may occur. If one, which account a lucid division of part owner, should run away with the subject is essential. But the the whole property against the doctrines and principles, contained will, and without the knowledge under many of the titles in this of the rest, it would in moral con- book, are blended together, withtemplation be a fraud, though it out form or comeliness. They might be impossible to pursue the remind us of the primitive state of actor as a felon. But as soon as things, described by the poets, as he should come within the reach “ rudis et sine imagine tellus.” of the process of the admiralty, he might be compelled either to The reader will be convinced of resign the property or to stipulate this, without comparing it with with his partners for their securi- the celebrated treatise of Abbot ty. If we are correct in this point, “ on the Law relative to Merchant the remedy which the admiralty Ships and Seamen,” a work of provides is far superiour to any standard authority, and as admiwhich could be obtained by the ac- rable for its style and manner, as tion of trover, or by any other of for its legal correctness. the comparatively slow forms of · The style of this work is by no the common law. Should this means worthy of praise. The aubook ever come to a second edi. thor sometimes affects uncommon tion, we recommend to the author elegance in his periods. In chapa careful revisal of this chapter, ter IV., speaking of a law of Virand beg leave to refer him to the ginia, which forbids masters of learned note of Serjeant Williams vessels to carry any person out of on the action of trover, 2 Saunder's that commonwealth, unless such Reports 47., from which we ex- person shall have first published, tract the following observation : for six months successively in the • If one joint tenant, tenant in com- Virginia Gazette, his resolution to mon or parcener, destroy the thing depart therefrom, the writer adds, in common, the other may bring “this publick advertisement of the trover. Co. Lit. 200 a. There- Virginia code is hardly compatible fore where one tenant in common with the locomotive rights of repub high; and if it should not be increased, will certainly receive no diminution, by the present publication. The Dr. treats his subject in a rational manner, and deduces from it the three following inferences: 1. That we are taught from it the separate exist lican liberty." (p. 136.) We are gratified with elegance of style, wherever it occurs, and do not think, that it is excluded from the most abstract legal subject. But passages like the above thrown into a book, the general character of whose style is rather below the plain,* have a fantastick appearence of the soul after death. 2. ance. Like the feast of a beggar, That we may infer from it that they serve to render the ordinary the spirits of pious men were forfare of the year still more disgusting. merly, and may be still, on some In concluding our notice of this occasions, employed as ministers work we would observe, that not of God's providence in this world. to expect perfection is as just a 3. That we are warned by it of caution, when applied to books, as the guilt and danger which we into men. So far as charity is con- cur, when we take indirect measistent with the moral progress of sures to learn the secrets of Provithe human character, its observ- dence, and the events of futurity. ance is a precept of religion; and so far as tenderness to the imperfect literary attempts of our countrymen will not tend to diminish the activity of their genius, and to foster the spirit of indolence, so delicious and so powerful, we feel bound to indulge it, in surveying the domestick publications of our country. ART. 24. Illustrations and Reflections on the story of Saul's consulting the witch of Endor: a discourse, delivered at West Springfield, by Joseph Lathrop, D. D. pastor of the first church in said town. Springfield, Brewer. 1806. 8vo. pp. 20. The character of Dr. Lathrop, as a preacher, stands deservedly In the following paffage, which occurs in page 67, the author ufes an expreffion, which is fcarcely admiffible in the plainest style : "The forfeitures for transferring veffels to aliens and nonrefidents, under the acts regulating their registring, recording, enrolling and licencing, flick by the fhip as long as fhe lafts, and are in the revenue creed inexpiable fins." In his second inference, the Dr. is supported by the authority of the best English divines, who attempt to prove, on scriptural grounds, the existence of angels, and their occasional interference with the concerns of men. Milton, who was no despicable theologian, carries the idea still farther, and supposes that malignant, as well as benevolent spirits, are active though invisible agents in this lower world. Spirits, when they please, The style of this discourse is neat and perspicuous, and we shall subjoin an extract, in which the Dr. exposes, with great good sense, the folly and danger of giving cre dit to village conjurers and pretended adepts in the black art. Let us fuppofe that people generally give credit to fuch perfons; and then fee what will be the confequence. A cafualty happens,or fome mifchief is done in our neighbourhood; a barn is burned, or a man is miffing, poffibly dead, or property is loft. We know not how; but we fufpect, it is done by fome defigning villain. We dispatch a messenger to the conjurer. What is the moral LIFE OF MOREAU. character of this conjurer, we know not, nor do we much care. It is not the man, but the conjurer with whom we aro now concerned. If we cannot trust him in any other capacity, yet we can trust him in this. The meffenger goes and opens his bufinefs; an answer is given importing, that the mischief was perpetrated by a certain man of such a defcription. We think of fomebody, to whom the defcription, with a little help of imagination, will fuit tolerably well. Or perhaps the meffenger has an enemy whom he fufpects, and prejudice will eafily modify the picture fo as to reprefent him. A hint is given-it is thrown into circulation-it gains credit; and an honest man is ruined. Thus divination, when it is held in general repute, puts it in every man's power to deftroy every man, whom he will. Why do you wish to know the author of a mifchief which has been done? You will fay, You with the villain may be punished, the injury repaired, and evil prevented. Very well: Then take the proper fteps to detect and arrest the offender. If a conjurer points out such, or fuch a perfon, as the criminal, he may indeed gratify your curiosity, and perhaps your malice; but he does no good to fociety. His fuggeftion is not evidence, on which the fuppofed perpetrator can be convicted. If it was, no mortal would be fafe. You perhaps believe the infinuation, and you make others believe it. But when the general fufpicion falls on an innocent man, inveftigation ftops; this innocent man fuffers the reproach, and the really guilty lies unfufpected, and escapes unpunished. And when a new mifchief happens, the fame scene may be acted over again. On focial, therefore, as well as on religious principles, thefe diviners ought to be profecuted, rather than encouraged -to be punished,rather than patronized. Judge Blackftone fays, that "pretending to tell fortunes, and to difcover ftolen goods by skill in the occult fciences, is a mifdemeanour, defervedly punished by law." The reason why it deferves punishment is, because it not only tends to fubvert religion but alfo to difturb the peace of fociety, and destroy the reputation and fecurity of every virtuous member. ART. 25. The Life and Campaigns of Victor Moreau, comprehending his trial, justification, and other events, till the period of his embarkation for the United States. By an officer of the staff. Translated from the French. New-York, published by Riley & Co. 1806. 12mo. pp. 288. this piece of biography is a Mr. THE translator or compiler of John Davis, who, we would inform our readers, as otherwise they would not probably know it, has published some poems, and a volume of travels through the United States. For what parts of this work we are indebted to the original genius of Mr. Davis, we are unable to discover, as he has left us no criterion, by which we can distinguish his own ingenuity from that of his author. We must consider the whole, therefore, as the work of Mr. Davis, since he has most heroically taken its responsibility upon himself. But let us hear Mr. Davis in person. "I am not the negative translator of the book, that has been put indour to supply a work, that should to my hands. I have felt an argratify inquiry, and where I found the original wanting in information, I have made up the deficiency by laborious, patient, and persevering research. Hence my volume will not suffer by a comparison with the original, whose characteristick is detail." Again. "If the moral character of the generals be developed, and the attractions of biography engrafted on history, the reader is indebted to the zeal, diligence, and inquiry of the transla tor." This is modest, still to call himself a translator, after these high claims on the approbation of the publick. Quere, what are we to This is on a level with the style understand by a negative transla- of a lady's maid, in her first essay tor? at novel-writing The following portrait of the 'If any doubt should remain of archduke Charles may gratify the the modesty of Mr. Davis, the folcuriosity of the American publick. lowing note must remove it. The young prince was an illustrious The intelligent reader will perceive, opponent for Moreau at the opening of that wherever a disquisition appears, or his campaign. He was conspicuous for reflexion is exercised, (whether in a his talents, bravery, and conduct. He whole chapter or detached passages) it was the idol of his soldiers, in great pub does not emanate from the French verbum Jick estimation, and the rofe and expec- sapientè. tancy of the country that gave him birth. He was of a middle stature, well Mr. Davis is not very accurate proportioned, but thin ; light hair, high forehead, large blue eyes, an aquiline in his language, nor well founded in all his assertions. He uses the nose, pale lips, round chin, and of a fresh and rosy complexion. His look was neuter verb glide in an active sense, pleasing, his manners princely, his de- (ówhere the Seine glides its waves) portment majestick. contrary to established usage, and affirms that General Moreau This picture is well-drawn, and makes us acquainted with the per- tary capacity, and rivals him as a • transcends Xenophon in a milison of a hero, who long since scholar.' might have rescued continental That the General is a great Europe from the disgraceful chains of Gallick slavery, had not his ge- his literary talents equal those of soldier, no one will deny, but, that nius been checked, and his plans the all-accomplished Athenian, is thwarted by the mean jealousies of his own infatuated court. There an assertion, which requires bet ter evidence, than the mere ipse is a defect, however, in the third dirit of Mr. Davis. sentence, where there are several On the whole, this work is a nominatives without a verb. “ Ferino was given the com catch-penny production, and adds mand of the right wing." nothing to the wealth of literature, This is not English. He should have or to the reputation of the writer. written, The command of the right was given to Ferino. ART. 26. Mr. Davis occasionally attempts the pathetick Collections of the Massachusetts That day rose on them panting for re Historical Society for the year nown, whose night saw them motionless 1799. Vol. VI. Boston, S. on the crimsoned plain. On what a Hall. 8vo. pp. 288. flender thread hangs the destiny of man ! Quenched in a moment were their glorious fires of intellectual valour. Crush- irregular course of our criticism, We have now advanced, in the ed was every hope they had fondly cherished of being pressed again to the heav to the sixth volume of the Historing beauties of their mistreffes at home, ical Collections. As in our forwho breathed for them their deep pray- mer reviews we have stated so ers, and in whose fighs for their absence fully the importance and the drywas mingled the murmur of love! Fare ness of the documents in general, well to hope! Farewell to earthly bliss ! No more were they to witness the en their value to the regular annalist, dearing smile, no more to enjoy the fairy and their indifference to the ordinfavours of beauty ! ary reader, we shall spend no fur |