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machine would instantly be broken to pieces : preserve them, and various accidents may still deprive men of happiness; but destroy them, and the whole species must infallibly be miserable. It seeins therefore astonishing, that so important a branch of jurisprudence should have been so long and so strangely unsettled in a great commercial country; and that, from the reign of Elizabeth to the reign of Anne, the doctrine of bailments should have produced more contradictions and confusion, more diversity of opinion and inconsistency of argument, than any other part, perhaps, of juridical learning; at least, than any other part equally simple.'
After this handsome display of the importance of the subject, in which something must be allowed to the warmth of fancy, and something to a proper address of the Writer in conciliating his Reader's attention to a dry system of law, he proceeds to treat the subject with the skill of a master.
. It is evident, that whoever has the goods of another delivered to him upon a trust to restore them, is under a legal, as well as a moral, obligation to take care of them; and is responkble to the owner, if they are either loft or damaged through his default: but the degree of care that he is bound to bestow varies with the nature of the contract or bailment. In some cases he is anfwerable at all events, in others for ordinary, and in others for grofs neglect; and good sense and common honesty will portion the responsibility to the trust, with as nice a discrimination of circumstances as tomes of casuistry, or the distinctions of a thoufand commentators, can do. In making this observation, we do not mean to throw any reflection on Mr. Jones's ingenious and learned performance. He has treated the subje&t with all the perspicuity and grace of which it is susceptible; and the luminous method he has pursued (first, of tracing it analytically, or to the principles of natural reason; then historically, by showing the harmony with which these principles have been recognized by the Roman, English, and other laws, and when properly understood ; and Jaitly, synthetically, by recapitulating the doctrine he has expounded in the course of his performance, with the rules and definitions that flow from it), is the juftest model of a Law-tract that we recollect any where to have met with. We assert this with the greater pleasure, as the Public has reason to expect, from the pen of this able Writer, some further attempts to digest and methodize the laws of his country. « If the method used in this little tract be approved, I may porfibly (says he) not want inclination, if I do not want leisure, to discuss, in the same form, every branch of English Law, Civil and Criminal, Private and Public.' He concludes with his usual spirit and dignity :
• The great fyftem of jurifprudence, like that of the Universe, confifts of many subordinate systems, all of which are connected by nice links and beautiful dependencies ; and each of them, as I have fully persuaded myself, is reducible to a few plain elements, either the wise maxims of national policy and general convenience, or the politive rules of our forefathers, which are seldom deficient in wisdom or utility: if Law be a science, and really deserve so sublime a name, it must be founded on principle, and claim an exalted rank in the empire of reason; but, if it be merely an unconnected series of decrees and ordinances, its use may remain, though its dignity be lessened, and He will become the greatest lawyer, who has the strongest habitual or artificial memory. In practice, law certainly employs two of the mental faculties; reason, in the primary investigation and decision of points entirely new; and memory, in transmitting to us the reason of rage and learned men, to which our own ought invariably to yield, if not from a becoming modesty, at leait from a just atten. tion to that object, for which all laws are framed, and all societies instituted, THE GOOD OF MANKIND.'
MO N T H L Y CATALOGUE,
For A PRI L, 1782.
POLITICA L. Art. 14. Considerations on the American War, under the follow
ing Heads : American Independeccy,--Pursuit of the War,-War of Ports,-Plan of Operations,-French Policy. By Joseph Williams, Efq. 4to. 2s. Hookham. 1782. TR. Williams having served four years as a military officer in
America, and having for twenty years employed bimself also in political studies, appears to have acquired such a knowledge of the subjects above-mentioned, as (he presumes) gives him at leaft as good ' a title to write upon them as Dean Tucker claims, by specolating out of the pale of his profession.'— Accordingly he offers to the Public his thoughts on the past and future conduct of the American war; with all its actual and probable consequences. He strongly inculcates the idea of relaxing our resentment against the revolted colonists ; of a total change in our military operations against them ; of withdrawing our troops, except what should remain for the defence of particular posts which he points out; and directing our whole force, attention, and expence, to the navy :- in order to recover she dominion of the sea, and cruth the rifing power of France on that element. In this way, and in this only, he apprehends, we may be able to prevent the American scheme of independence from becoming fatal to Great Britain : and he supports this notion by a variety of fenfible remarks and proposals under each of the heads above enu. merated. His reasoning is clear, though his language is incorrect. Art. 15.
Give us our Rights! Or, A Letter to the present Electors of Middlesex and the Metropolis, fhewing what those Rights are: and that, according to a juft and equal Representation, Middlesex and the Metropolis are entitled to have Fifty Members in the Commons' House of Parliament; Forty of whom are now placed there by decayed Cinque Ports, and almoft unpeopled Boroughs; to the perpetual Nurture of Corruption, and the Ruin of the State. By John Cartwright, Esq: Major to the Nottinghamshire Militia. 8vo. 15. Dilly, &c. 1782.
This is one of the most important political tracts that hath appeared during the present session of Parliament. It was written, the Author tells us, in his Preface, fix months ago. He adds, that when it went to the press, he did not foresee a removal of ministers so soon as that event actually happened ; but that, however, as no alteration, no amendment, with respect to the subject of it, hath yet taken place, he apprehends the publication cannot be impertinent'; and although he tross and believes, that no Adminiftration can now be formed oot of the opposers of the late peftilent ministry, that will not, that must not have REFORMAtion for its basis, perhaps it may not be useless. Its intention is, to thew the rights of the People, and the duty of STATESMEN with regard to those rights.'
The spirited, judicious, and patriotic Writer proceeds in his prefatory observations, as follows:
· The removal of wicked minifters can produce no permanent effects, unless followed up by an immediate overthrow of 'CORRUPTION. It was corruption chat so long fupported such ministers, and enabled them to plunge their country into the depths of calamity, and to bring it to the very brink of rain and despair, before the corpid beings who fill the Commons' House of Parliament could be rouzed and stimulated to a sense of their dury. Corruption therefore is what we have moft to dread. It must be torn up by the roots, hewn to pieces, and caft into the fire of reformation to be utterly consumed, or we are undone. Of so generative a faculty is it poffeffed, that if bat a branch, a sprig, a bud of it escape the fire, wherever is falls 'cwill again take root, and fourifh as luxuriant and rampant as ever. The Septennial and the Triennial Acts, and the Statute of Disfranchisement of the 8th of Hen. Vi, must be caft into the flames. They are the disgrace, as they have proved the curse, of our country. They carry slavery in every line, and every word is a link in the chain this binds us. Once freed from these fetiters, nothing then remains wanting to secure our freedom but a fingle bill, such as that of the Duke of Richmond in 1780, for regulating the detail of elections.
Give US OUR RIGHTS, and then all will be safe!' This short extract may fuffice to intimate the main purport of this acimated address. The nature and importance of those Public Rights, for which the worthy Major so ftrenuously contends, are amply, and in our apprehension, fatisfactorily set forth, in this very feafonable performance; a performance which we heartily recommend to the perusal and most serious attention of our countrymen of every rank, from the peer to the cottager : for all are interested in the subject. Art. 16. A Conftitutional Defence of Government. 8vo.
Wilkie. Among other principles advanced in this anticonftitutional defence of the late adminißration, as this pamphlet ought properly to be filed, one is, that the people at large, being merely cyphers in the
I s. 6d.
ftate, have no business whatever to concera or trouble themselves about public affairs ; and that after the constituent body, i. e. the forty Milling freeholders and burgesses have elected their representatives, from chat moment their influence ceases, and it is their duty to acquiesce in the determination of those to whom they have delegated their power; and consequently, to murmor or petition, whatever may be the motive, is little sort of muriny and treason. We are told also, that a heriff, convening an assembly of his county for any other purpose than to elect a representative, lays bimself at the mercy of an atiorney-general. How far the doctrines contained in this performance might coincide with the ideas of those, to whom the Writer evidently appears as a retainer, we presume not to determine. With respect to the present administration, however we will hope
Non tali auxilio, non defenforibus iftis, &c. In a fawning dedication of confiderable length, the Writer has had the presumption, we will not say audacity, to endeavour to make his poison palatable to an amiable personage of high rank,
And in the ear of Eve, familiar toad,
Half froth, half venom, (pits himself abroad. Art. 17. A ***** **** in Sackcloth and Alhes; or, a
Copy Hieroglyphic, of a laft Will and Teftament, political, temporal, spiritual, &c.Found at the Outside of the Door of St. Stephen's Chapel. 8vo. 6d. Debrer. 1782.
A latirical exultation over fome (politically) defunct statesman,Lord North, belike; but there is no being sure of the Author's mean. ing, either as to the general design of his performance, or the particolar aim of his various ftrokes of wit and humour,-for witty and humourous, no doubt he intended them to be. His Satire, bowever, is so completely hid under his numerous
*s, that we imagine nobody will feel, and few will find it out. Art. 18. Two Discourses; on Sovereign Power, and Liberty of
Conscience; translated from the Latin of G. Noodt, formerly Professor of Law in the University of Leyden; by A. Macaulay, A.M.: to which are added, the, Notes and Illuftrations of Barbeysac, with Remarks by the Translator. 8vo. 5 s. Boards. Dilly. 1781.
When the Rector of the University of Leyden resigns his office, which he holds only for a year, it is customary to deliver an harangue. This custom produced the Discourses of which Ms. Macaulay has now presented the Public with a translation. Of the Discourses themTelves, which have been long published, it may be sufficient to say, that their celebrated Author has proceeded upon the same principles that have diftinguished the writings of our countrymen, Locke, Hoadley and Milcon. The Translator appears not only to have executed his version with exactness and fidelicy, but has given convincing evidence of the soundness of his underttanding, and of the juftness of his sentiments, by the very judicious and excellent remarks with which his performance is enriched. Were it not that plain common fense muft of itself reject such ill disguised poison with loathing, the first of these Discourses, with the notes that accompany it, might serve as a very effectual antidote to a late Treatise on Government. How diflimilar Mr. Macaulay's ideas are from those of the author alluded
to above, on another subject on which he has lately exercised his pen, may be seen in the following remark with which his commentary on the first Discourse concludes.
• Whether the features of the present age discover any of those fatal symptoms which have in former ages portended the fall of empire, we will not pretend to determine; but this we may safely venture to affirm, that the inroads of sensuality, luxury, and avarice, will gradually relax the noble finews of our conftitution; and that the consequent decay and loss of public virtue will complete the catatrophe. In the gloomy prospect of our downfal, it is, however, a comfortable reflection, that when the boasted constitution of Britain thall have funk-as fink it must- a happy asylum will be opened beyond the Atlantic for freedom, arts, and sciences. We may look upon America as defined, in the course of Providence, to be the feat of empire; and it is a consideration which ought to swell the heart of every generous Briton, that our name, our language, our arts, cuftoms, manners, and forms of education, but, above all, our liberty, are destined to survive us, and to be spread over the immense continent of North America. Greece and Rome live only in the annals of fame; but Britain will revive in America like a Phoenix from her ashes.'
The Gentleman to whom the Public are indebted for this publication, is curate of Clay brooke, in Leicestershire. Art. 19. Fabricius: or Letters to the People of Great Britain;
on the Abfurdity and Mischiefs of defenfive Operations only in the American War; and on the Failure in the Southern Operations. 8vo. 2 s. Wilkie, 1782.
Befide what the Author says on the Absurdity, &c. of our prosecuting the American War on defensive principles only, we have here a ftrict enquiry into, and an animated display of, the causes from whence our failures, and the sources of all our national misfortunes, in that part of the world, have sprung. The Author is particularly severe, toward the conclusion of his correspondence, on the noble commander in the late unfortunate Southern expedition. These Letters were originally published in the news papers, and are suppoled to have come from the very able peo of Mr. Galloway, formerly a member of Congress, who has favoured the Public with a great number of sensible, acure, and interesting remarks on the American Tragedy of “ ALL IN THE WRONG!
E A ST-IN DIE s. Art. 20. State of India ; in Two Letters from Warren
Hastings, Esq; to the Court of Directors; and One from the Nabob Aloful Dowla, Subadar of Owde. To which are added, a Series of Explanatory Facts and Renarks. 8vo. 19. 6d. De brett. Is. 6d. 1782.
This representation, which appears to originate on the part of Mr. Francis and Mr. Wheeler, Members of the Council at fors William, tends to impeach the discretionary conduct of Mr Hallings, by charging him personally with producing the Maratta war; and with negociatiog a disgraceful accommodation, by which the treasury there was exhauited, and the province of Bengal reduced, in three years, from a secure and prosperous itate, to the utmost degree of dif 3