ePub 版

ART. XIII.-Life and Writings of Sir Edward Coke.

The first part of the Institutes of the Laws of England, or a

Commentary upon Littleton, &c. By Sir Edward Coke. 255

ART. XIV.-Small-Pox and Vaccination.

1. An account of the Varioloid Epidemic, which has lately pre-

vailed in Edinburgh and other parts of Scotland; with obser-

vations on the identity of Chicken-Pox with modified Small-

Pox: in a letter to Sir James M‘Grigor, Director-General of

the army medical department, &c. &c. By John Thomson,

M. D. F. S. R. E. Surgeon to the Forces, &c.

2. A History of the Variolous Epidemic, which occurred in

Norwich in the year 1819, and destroyed five hundred and

thirty individuals ; with an estimate of the protection afford-

ed by Vaccination, and a Review of past and present opin-

ions upon Chicken-Pox and modified Small-Pox. By John

Cross, member of the Royal College of Surgeons in Lon-

don, &c.


Art. XV.-Appropriation of Public Lands for Schools.

1. Report with sundry Resolutions relative to Appropriations of

Public Lands for the purposes of Education, to the Senate of

Maryland, January 30, 1821. By V. Maxcy, chairman of

the committee on Education and Public Instruction.

2. Report on the expediency of granting Public Land for the

support of Education in the Senate of the United States,

February 9th, 1821.

3. Report of the Committee on Colleges, Academies, and Com-

mon Schools, in the Legislature of New York, March 30, 1821,

upon the Message of his Excellency the Governor, commu-

nicating the Resolutions of the Legislature of Maryland.

By G. C. Verplanck, chairman of the



Art. XVI.-Cottu on English Law.

The Administration of the Criminal Code in England and the

spirit of the English government, by M. Cottu, Counsellor of

the Royal Court of Paris, and Secretary-General to the

Royal Society of Prisons, and to the Special Council of the

Prisons of Paris.


ART. XVII.-Course of Mathematics.

1. An Elementary Treatise on Arithmetic, taken principally

from the Arithmetic of S. F. Lacroix, and translated into

English, with such alterations nd ditions as were found

necessary, in order to adapt it to use of the American stu-


2. An Introduction to the Elements of Algebra, designed for

the use of those who are acquainted only with the first prin-

ciples of Arithmetic. Selected from the Algebra of Euler.

3. Elements of Algebra, by S. F. Lacroix. Translated from

the French, for the use of the Students of the University at

Cambridge, New England.

4. Elements of Geometry, by S. M. Legendre, member of the

Institute and the Legion of Honor, of the Royal Society of

London, &c. Translated from the French for the use of the

students of the University at Cambridge, New England. 363

Art. XVIII.-Bryant's Poems.

Poems by William Cullen Bryant.


Art. XIX.-Essay concerning Free Agency,

An Essay concerning the Free Agency of Man, or the Powers

and Faculties of the Human Mind, the Decrees of God,

Moral Obligation, Natural Law, and Morality.


Art. XX.-
Valerius, a Roman Story.


Art. XXI.-

Penitentiary System.

State Prisons and the Penitentiary System vindicated, with

observations on managing and conducting these institutions,

drawn principally from experience. Also some particular

remarks and documents relating to the Massachusetts State

Prison, by an officer of this establishment at Charlestown. 417

Art. XXII-Course of the Niger.

A Geographical and Comniercial View of Northern Central

Africa ; containing a particular account of the course and

termination of the great river Niger in the Atlantic ocean. 440

Art. XXIII.-Byron's Letter on Pope.

Letter to *** on the Rev. W. L. Bowles' Śtricture

on the Life and Writings of Pope. By the R. H. Lord



ART. ŠXIV.-Stuart's Hebrew Grammar.

A Hebrew Grammar, with a copious syntax and praxis. By

Moses Stuart, Prof. of Sacred Literature in Theol. Sem. at



Art. I.--A Treatise on Maritime Contracts of Letting to

Hire, by Robert Joseph Pothier : translated from the

French, with notes and a life of the author, by Caleb Cush-

ing. Boston, Cummings & Hilliard. 8vo. pp. xxxvii. 170.

Sir William Jones, in a letter to Lord Althorpe, written

after one of those excursions to France, in which his inquisi-

tive mind, grasping every species of intellectual attainment,

combined the severer studies of political science and law with

the luxury of oriental literature, states that he had, among his

various pursuits, attended some causes at the Palais, and

brought home with him the works of a most learned lawyer, whose

name and merit he should have the honour of making known to

his countrymen. This writer was Pothier, whom he


noticed and imitated in his beautiful essay on the Law of Bail-

ments, and of whose treatises on the different species of con-

tracts he speaks in the following enthusiastic manner: 'I seize

with pleasure an opportunity of recommending those treatises

to the English lawyer, exhorting him to read them again and

again; for if his great master, Littleton, has given him, as it

must be presumed, a taste for luminous method, apposite ex-

amples, and a clear manly style, in which nothing is redun-

dant, nothing deficient, he will surely be delighted with works

in which all those advantages are combined, and the greatest

portion of which is law at Westminster as well as at Orleans.

For my own part I am so charmed with them, that, if my

New Series, No.7. 1

undissembled fondness for the study of jurisprudence were

never to produce any greater benefit to the public, than barely

the introduction of Pothier to my countrymen, I should think

that I had in some measure discharged the debt, which every

man, according to Lord Coke, owes to his profession. Among

these treatises, of which Sir W. Jones speaks in terms of

such lavish commendation, is included that of which our

countryman, Mr. Cushing, has presented the public with a

translation in the work now before us. It contains the essay

on the Contract of Charter Party or Affreightment, on the

subject of General Average, and on Seaman's Wages, three

very important titles of maritime law. We have always re-

garded a translation of Pothier's treatises on the several spe-

cies of express or implied contracts as a very desirable acqui-

sition to the profession, on account of the high character of

the author, and because the law of contracts is necessarily the

same, or very nearly the same, in every civilized and com-

mercial country ; since it depends not so much upon positive

institution, as upon general principles applicable to human

conduct in an advanced stage of society. The common law

of England, and the commercial jurisprudence of Europe, have

been largely indebted to the civil code for these principles,

which were first invented by the Roman jurisconsults, and

have been subsequently applied to the new relations, to which

the vast increase of maritime commerce in modern times has

given rise.

In order fully to appreciate the value of the works of this

illustrious lawyer, it is necessary to remind our readers of
some of the circumstances of his life and character, which con-
nect his fame with the most classical epoch of French juris-
prudence, when the administration of justice was carried to
the greatest perfection it ever attained under the old monarchy.
Robert eph Pothier was born at Orleans in the year 1699,
and after pursuing his other studies with great ardor and suc-
cess, felt himself drawn to the science of jurisprudence by an
impulse too strong to be resisted, and which men of genius
always feel for that pursuit in which they are destined to ex-
cel. Before he was of age, he was appointed a judge in the
Presidial Court of his native city, where he soon outstripped
all his competitors. The first work, in which he engaged for
the improvement of his favourite science, was one which
might appal the firmest resolution, and which nothing but the

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