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result several actions, deserving notice; some to the assignees; some to the bankrupt; and some to his creditors; several instances of which have been already stated. But a bankrupt's case may be taken out of the bankrupt laws, by the consent of all concerned. Every trader, able to contract, may be a bankrupt.' Vol. 1. рр. 316-318.

These general principles, according to the author's plan, are, in several articles, followed with cases in detail.

In several chapters, he has given selections from the French law, and the law of Louisiana. We refer the reader to chapter first, article seventh, sections from the second to the twentyseventh, on the subject of contracts and considerations, where are collected the principles meriting notice in the civil and French law of contracts; to chapter seventeenth, article seventeenth, on the subject of bailments; chapter fortyfourth, article fourth, on liens; chapter one hundred and fortysecond, property pledged in Louisiana; chapter one hundred and fortyseventh, legacies; chapter one hundred and sixtyfirst, limitation of the time of suing in Louisiana; chapter two hundred and twentythird, Louisiana law generally, on the subject of descent of estates causa mortis; sales of property; slaves; property seizable on execution; property by occupancy and prescription. The French laws, in force in Louisiana, have been selected on these subjects, probably because peculiar to that state, where a knowledge of the laws of other states relating to them, would be of little or no importance.

We have now finished our cursory survey of this extensive work. Many may regret, that it did not sooner appear. So far, perhaps, as it respects the English law contained in it, the author's industry might have collected materials for its earlier publication. But had it been published fifteen years ago, it would have lost so many years of his valuable labors, and, what is very important, at that time, it could not have included the best portions of our American law, which have been published since.

There has probably never been a time, when the English law, in force here, the French law which we have dopted, and the native American law, could have been better embodied in one 'great national work.' Earlier, perhaps, our native American law, especially Federal, would not have furnished materials; and had it been delayed, our laws might have become too bulky and numerous, to have been abridged in this way.

Respecting its literary execution, we would observe, that a uniformity of style pervades the whole of the work; it is obviously the production of the same mind and the same pen. Simplicity, plainness, and brevity, are its characteristics. In a scientific work, his aim seems to have been to use the precise and technical language of science, rather than the embellishments and diction of literature. Fastidious critics will perhaps object, that, in the constant effort to use intelligible and simple language, his phrases are sometimes colloquial, and sometimes quaint; these qualities are observable in the treatises of many of the writers on the common law, who are not ambitious of adapting their style to the caprices of taste, and the changes of

manners.

The last volume consists of references, and contains the largest table of cases, and the most copious and minute Index to be found in any law work, English or American. The addition of a running title to the Index, would have much facilitated the use of it. We would, however, refer the reader to the author's short preface to the eighth volume, containing the Index, in which he will find several facilities in citing the work, quite peculiar to it, and intended to supply the want of such a title.

The value of an accurate Index is well known to those, who have frequent occasion to consult voluminous works, in any science, and to construct a good one requires great patience, labor, and skill. If any, that have long been accustomed to the English Abridgments, think the mode of division and arrangement in this work inconvenient, its defects are supplied by the fulness and accuracy of the Index. Even the celebrated compilers of the civil law held discordant notions as to classification; and the three great works, which have shed lustre on the reign of Justinian, the Code, the Institutes, and the Pandects, were arranged each after a different method.

In this elaborate work are presented the matured fruits of nearly fifty years' study, meditation, and research. The author has honorably discharged the debt, which every man, according to Lord Coke, owes to his profession. A deliberate and careful examination of the whole work, will induce a concurrence in the opinion of one of our most learned and eminent judges, who examined a large part of it, before its publication, that the titles in general, as well as those he examined, 'exhibit a far more complete and methodical view of the law, than the corresponding titles of any abridgment now in use, and that it will peculiarly facilitate the labors of students in the profession. We

cannot refrain from expressing our admiration of the patient assiduity, indefatigable industry, and ardent devotion to professional learning, of which this work, more extensive and voluminous, than any that has been published by any individual in our country, on any subject, either in science or literature, is the honorable monument. Mr Dane's arduous labors at the bar, at which he held a distinguished rank, for the long space of nearly forty years, would alone have been deemed, by most men, sufficient occupation. Few, however, have devoted so much time and exertion to the public service, at the most gloomy periods too of our history, when the hearts of the wise and virtuous were filled with perplexity, and our most able men were anxiously summoned into the public councils. The journals of the state and national legislatures show, that he was one of the most influential and leading members of those bodies.

In 1780, soon after the civil government of Massachusetts had been organized under its constitution, then just adopted, a committee, consisting of the Judges of the Supreme Court, the Attorney General, James Bowdoin, and John Pickering, was appointed to revise the statutes, in use in the Commonwealth, to select, alter, abridge, and digest them, in order to accommodate them to the new form of government. Mr Dane was chairman of the legislative committee, to whose careful revision and severe scrutiny all the bills were subjected. The legislature again, in 1812, appointed him chairman of a committee to collect and publish the charters, and the public and general laws of the late colony and province of Massachusetts Bay; and, at a subsequent period, to revise and consolidate the various statutes regulating the Probate Court. He has contributed more services in the revision and improvement of the statute law of Massachusetts, than any other individual.

The journals of the Continental Congress in 1787 and 1788, while all the legislative and executive powers of the national government were vested in that single body, abundantly prove, that Mr Dane was an able, efficient, and influential member; and was frequently associated on the most important committees with Madison, Hamilton, and King. He was the framer of the celebrated ordinance of Congress of 1787, for the government of the Territory of the United States, Northwest of the River Ohio, an admirable code of constitutional law, by which the principles of free government were extended to an immense region, and its political and moral interests secured on a permanent basis. One of its fundamental provisions, 'that there shall be neither slavery nor involuntary servitude in the said territory,' prevented, by a wise foresight, a mass of evils, and rendered that fine country the abode of industry, enterprise, and free

dom.

In drafting this ordinance, Mr Dane incorporated into it the cardinal preventive provisions, against impairing the obligations of contracts by legislative acts. A few months after the adoption of this ordinance, the convention, which framed the Federal constitution, ingrafted the same great moral principle into that instrument; and it is worthy of observation, that this fundamental provision was so much in accordance with the moral sense of the American people, that, amid the great diversity of opinions, and variety of amendments and objections to that instrument, in the state conventions, no proposition was made, from any quarter, to expunge this restriction on their power to resort to relief and stop laws, which had, in various shapes, at that time aggravated the distresses of the people.

A liberal and learned profession will hold in high estimation the labors of this eminent civilian and lawyer, who, for half a century, has made American jurisprudence and American institutions his peculiar study; and every lawyer, instead of feeling regret for deficiencies, ought to be animated with sincere gratitude for what has been accomplished.

ART. II. Elements of History, Ancient and Modern; with Historical Charts. By J. E. WORCESTER. Boston. Cummings, Hilliard, & Co. 1826. 12mo. pp. 324. and fol. pp. 34.

THE advances that have been made in education, during the present century, so far as elementary books are concerned, are among the most noticeable things of the age. We do not speak merely of the increase of such books; for this, apart from their increasing merit, is no inconsiderable evil. But there has been, from the humblest schools up to our highest academical institutions, much actual improvement in books and modes of instruction, which are so intimately connected, that they may be expected to advance with equal steps. Scholars have not been disposed, in general, to acknowledge, that there are many dis

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coveries to be made in the methods of imparting a knowledge of what mankind have been constantly learning, ever since the dark ages, where the limits and boundaries of the art or science are well known; but whatever may have been our belief on the subject in our reasonings a priori, there are examples enough of recent improvements, not indeed to justify the visionary theorists, who look forward to a summary process for all sorts of learned acquirements, but enough to satisfy the reasonable expectations of wiser men, who have grieved over the elaborate processes gone through by learners for the obtaining of slender results, and the lamentable mechanical contrivances resorted to for learning that, which ought to be the work of the understanding. We are not among those who think that children and young people will ever find, that they can play their progressive course through all learning and knowledge; but we know and have seen how much encouragement they want, and how unreasonably their elders sometimes presume upon their capacities, and power of attention and of reasoning from one example to another, little remembering the bitter tears, and disappointments, and mortifications of their own boyish years from the same source. Knowing these things, we would encourage every facility to learning, which is not obtained by the sacrifice of anything valuable in what is to be learned. It is with this view of the case, that we are always pleased to see every useless incumbrance thrown off; to see logic despoiled of its old barbarous terms; to see the rules in our Latin grammars, expressed in our vernacular language; to see everything technical rejected, except so far as it is subsidiary to the understanding and memory, in acquiring and retaining valuable truth. Not that we approve of perpetual change, without evident practical benefit. Too much of caprice has been witnessed in this respect, in the multiplication and introduction of school books; and a foolish vanity has often instigated a teacher to issue his spellingbook, or grammar, or arithmetic, of which the highest praise is, that it is harmless or superfluous. But while the market has been filled with these small and easily wrought wares, there has, till of late, been wanting an elementary work on ancient and modern history.

Tytler's Elements, the first work of this kind, which we think it necessary to notice, has been regarded, as it deserves to be, with respect. Formed from the abundant materials furnished by a course of lectures on general history, which he delivered

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