may seem, is within the power of any one learned and diligent lawyer, and that its accomplishment would receive an ample reward from the profession. Such an achievement would lay the foundation of a most honorable fame. As the case now is, he is the most fortunate jurist, who possesses the earliest edition of the work. We have been more emphatic in our remarks on this subject, because we perceive an increasing propensity, in our own country, to load and overload new editions of professional works with notes of little intrinsic value, or at least with notes, whose value is materially diminished by the loose and unskilful manner in which they are introduced. There are, however, some exceptions to this remark, and none are entitled to more praise, than the learned comments of Mr Metcalf.

But we hasten from this digression to resume the subject to which the work, named at the head of this article, immediately conducts us. Upon the appearance of a new Abridgment of the Law, the question naturally occurs, whether it be necessary, and if necessary, what is the best plan, with a view to comprehensiveness and convenience, on which it can be formed?

In respect to England, there may perhaps be some doubt whether such a work would be of any extensive utility. A continuation of Comyns's Digest seems all that is necessary for lawyers of advanced standing; and Bacon's Abridgment, however imperfect, is perhaps sufficient, with Blackstone's Commentaries and Cruise's Digest, as a general outline for students. Indeed most of the branches of law, of great practical importance, have, in modern times, been discussed in independent treatises with much ability, and sometimes in so masterly a manner, as to exhaust the subject. What could be added to Fearne's Essay on Contingent Remainders and Executory Devises? But we think the subject admits of a very different consideration, in relation to America. The learned author of the General Abridgment and Digest of American Law,' has stated the reasoning in favor of it, with so much force and correctness, that we transcribe his remarks in the Introduction to his work, rather than hazard our own.

At the close of the American revolutionary war, when the United States became an independent nation, it was very material to inquire and to know what was law in them, collectively and individually; also to examine, trace, and ascertain what were the political principles, on which their system was founded; and their moral character, so essential to be attended to in the support

and administration of this system; especially in selecting from the English laws in force in a monarchy once feudal, those parts of them adopted here, and remaining in force in our republic. With such impressions, the author early turned his attention to these subjects, and in good earnest engaged in collecting materials upon them; and the more readily, as such a pursuit perfectly accorded with his professional and political employments, in which he engaged in the spring of 1782. He early found there was, in the United States, nothing like one collected body of American law, or one collected system of American politics; but all was found in scattered fragments. Scarcely any native American law was in print, but the colony statutes, charters, and some of the constitutions. No judicial decisions made in America, of any importance, had been published, and but very few forms. The law, enacted here, was found separately published in many states, in colony, province, and state statutes. Our law labored under another material disadvantage; most of it was found only in English books; these were written and published to be used in England, not in America; a large part of which was of no real use here.

'No measures had ever been taken to ascertain, with any accuracy, what part of English law our ancestors had adopted in the colonies or provinces. The result was, our ablest lawyers were often unable to decide what parts of the English laws were in use here; and our students at law often studied as laboriously the useless, as the useful parts of those laws. No one had attempted to embody our laws or political principles, dispersed in numerous local charters, constitutions, statutes, and also English books; many of which laws and principles were to be traced to the free parts of the British system, and even to the ancient Germans, in several cases, and in some to the Hebrews, several of whose laws some of our ancestors early adopted in America.

• In this state of things, a very important object naturally presented itself to one, who, for several years, had been in a situation highly to appreciate American principles, especially those of the American revolution; which was, a collected body of American law, formed with a constant reference to those principles, and to our character and situation. Forty years ago, the materials for such a work were but few, in comparison with what they now are; and then it was very useful, and even necessary, to collect them for the lawyer's private use; and to such purpose was the undertaking commenced and pursued many years. The title, " A General Abridgment and Digest of American Law, with occasional Notes and Comments," is intended to give a clear and concise view of the nature of the work. Formerly the word Digest, in law books, meant much more than an alphabetical arrangement of marginal notes, or of several indexes. But as this seems to be nearly its modern meaning, it applies but to an inconsiderable part of this work, the principal parts of which are described by the other words in the title, to wit, "Abridgment, Notes, and Comments." The first object has been to abridge and compress cases within narrow limits, but not so as to lose or obscure the law, decided or settled in them. Next, on proper occasions, by remarks, notes, and comments, to examine and explain a few obscure points of law, and sometimes to show the law is not, as it has been in some decisions stated to be.

The work is calculated to consist of eight royal octavo volumes, of about seven hundred pages each, to be purely American, and among other things, to supply the place generally of the English Abridgments and Digests now read, especially by students, very disadvantageously, because, in many respects, inapplicable to our practice. As every lawyer of experience must have found a common life too short, to be well read in the immense mass of law and equity, federal, state, and territorial, really applicable to our affairs, it must be, in some degree, a waste of time, especially for students and some others, to spend a large part of their time in reading English law as to tithes, forest, game prerogatives, ancient demesne, advowsons, boroughs, English copyhold estates, many parts of feudal tenures, most kinds of English courts and customs, modes of punishments and forfeitures, as to English religion, privileges, revenue, stamps, modes of conveying and assuring property, and a vast many other matters peculiar to England. In fact, near half the English and Irish law we buy at a heavy expense, and read often to the exclusion of reading our own laws, so useful, is as inapplicable to our concerns as the laws of Germany or Spain; and more so than the civil code of France, since it is adopted in substance, by Louisiana, one of our states.' Introd. pp. 3-5.

Now we entirely agree with the author in his conclusion, that an American Abridgment is indispensable both for iawyers and students, at the present day. We can hardly conceive of anything more preposterous, than to ingraft on such a work those titles of the English law, which have nothing correspondent with them in our country, to which they can be applied. It is true, that decisions in those branches of English law may sometimes furnish an illustration of a doubtful point, or an analogy to direct our researches, but these occasions must be of rare occurrence; and the same inducements might be as well urged in favor of the incorporation of the law of other foreign countries. Abridgments can embrace only those portions of law, which are of most frequent and general use. English sources will always be open to the curious, who desire to explore the more obscure doctrines; and the practising lawyer must, in extraordinary cases, task his diligence to master what is unknown, and to bring to light what is buried in dark and remote antiquity.

In regard to the plan most proper for an American Abridgment, various opinions will probably be entertained by the profession. It is not, indeed, easy to say what plan would, abstractedly speaking, be best. Much must depend upon the extent and object of the work; and even here is sufficient room for diversity of judgment, without in the slightest degree indulging in dogmatism. Whoever selects, must omit something; and what is proper to be omitted, and what to be retained, is, of course, a matter for the exercise of much delicate discretion. If the object of the author be to present to the learned in the profession a mere dry abstract of principles, with cases to illustrate them, a more perfect model than Comyns's Digest can scarcely be devised; and an order, if not strictly alphabetical, at least nearly approaching to it, will be naturally resorted to. If, on the other hand, he wishes to expound the reasons of the law, or to comment on cases with a view to try their accuracy, and to deal with all parts of the same general subject, in the mode of dissertation, he will bring together all the incidental topics; and then, of course, to some extent, he must desert an alphabetical arrangement. Again, if his object be to present matter of direct and positive authority, only to assist experienced advocates in their consultations, he may spare many explanations, which are indispensable for students. If, on the other hand, his main object be to instruct students, and give collateral aids to the profession at large, he will begin with the easier branches of the law, and gradually open upon those, which require more thought, sagacity, and experience, He will, for instance, begin with the law of contracts, rather than with the intricate distinctions of real estates. He will initiate the student in matters of general observation and practice, before he deals with the more recondite portions of jurisprudence. He will embody, in some degree, the general principles with the remedies which accompany a violation of them; so that the student may perceive, that he is to practise at the very outset, whatever he is taught.

It is manifest, that under such circumstances, the whole plan and method of a work must essentially deviate from an alphabetical order; and that materials must often be separated, where, upon another plan, they would be joined, and joined where they would otherwise stand at great distances. The only rule, then, that can be laid down in cases of this nature, is to judge of the work from the design of the author, or, as Pope expresses it,

In every work regard the writer's end,

Since none can compass more than they intend.

Mr Dane, in his Introduction, has given, very much at large, the plan and objects of his work. Its objects may be summarily stated to be, to frame an Abridgment 'to be useful to American lawyers, especially to students, and those of the profession, who cannot possess many books;' 'to make our American charters and constitutions, statutes and adjudged cases, the groundwork of each subject, and therewith to incorporate that portion of the English law, recognised in the United States, beginning with Magna Charta, and the first charters and statutes in our colonies;' 'to examine such cases, as are binding on all parts of the Union, and to cite some of the most important verbatim, and abridge the others;' to include as much of the local law of the different states as is practicable; and to incorporate manuscript reports of adjudications, not in print.

Thus far as to the objects of the work. It appears to us, that these objects are sufficiently comprehensive, and that the principle of selection, which pervades the whole, is highly creditable to the judgment of the learned author. In regard to one point only, will there probably be much difference of opinion with the profession; and that is, whether local law ought to find a place in the work; and if it ought, how far the selection of the local law of Massachusetts, as a basis, is judicious. On this point let Mr Dane speak for himself, and we think no one will deny, that his suggestions are of very great weight. In enumerating the objects of the work, he says, one is

،

To examine the charters, constitutions, and statutes of the several colonies and states, of a public nature, and the judicial decisions made in the highest courts in them, and published, so far as to acquire correct ideas of such state law; but so voluminous is it, and so much of it merely local, in small portions of the nation, that it has been deemed not practicable or useful to include large portions of it in this work, except in regard to a few VOL. XXIII. NO. 52.

3