Doom'd ever in fufpence to dwell, 'Tis now no kettle, but a bell. A wooden jack, which had almost But flacken'd by fome fecret power, The porringers, that in a row The ballads, pasted on the wall, A bedstead of the antique mode, The cottage by fuch feats as these Philemon, having paus'd a while, Return'd them thanks in homely style: Then faid, My house is grown fo fine, Methinks I still would call it mine; I'm old, and fain would live at ease; Make me the parson if you please. He spoke and presently he feels Against diffenters would repinę, Thus having furbish'd up a parfon, Dame Baucis next they play'd their farce on. Inftead of home-spun coifs, were seen Thus happy in their change of life Sprout! quoth the man; what's this you The bustle and the raree-show tell us? I hope you don't believe me jealous! Old Goodman Dobson of the green That occupy mankind below, Secure, and at his ease. 4 You think, no doubt, he sits and muses On future broken bones and bruises, If he should chance to fall. No; not a single thought like that Or troubles it at all. 5 He sees, that this great roundabout- Its customs, and its bus'nesses And says-what says he?-caw. 6 Thrice happy bird! I too have seen Much of the vanities of men : And, sick of having seen 'em, Would cheerfully these limbs resign For such a pair of wings as thine, And such a head between 'em. THE JACKDAW. A Fable. BY COWPER. THERE is a bird, who, by his coat, 2 Above the steeple shines a plate, From what point blows the weather. 3 Fond of the speculative height, Thither he wings his airy flight, And thence securely sees Breathing the smell of field and grove, Stood fixed her ftately height; and attune The trembling leaves....... .... ftraight the doors, MILTON. Opening their brazen folds, discover wide Within her ample spaces o'er the smooth And broad-leaved Zennars in long colonades O'er-arched delightful walks, Where round their trunks the thousandtendriled vine. Wound. up and hung the bows with greener wreaths, And clusters not their own. Wearied with endless beauty did his eyes And level pavement. From the arched roof, Pendent by fubtle magick, many a row MILTON. Return for reft? Befide him teems the There emerald columns o'er the marble 367 FOR JULY, 1806. Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, quæ eximenda, arbitrarer. Nam ego dicere verum assuevi. Neque ulli patientius reprehenduntur, quam qui maxime laudari merentur.Pliny. ARTICLE 29. New-York Term Reports of cases argued and determined in the Supreme Court of that state. By George Caines, counsellor at law, and reporter to the state. In three volumes; from May, 1803, to Nov. 1805. New-York, printed for, and sold by Isaac Riley & Co. We congratulate the profession upon the appearance of these volumes, as we have no doubt that their utility will be generally acknowledged. The reporter, in The reporter, in his preface, makes some pertinent observations upon the importance of his office, the propriety of which will be fully felt. We were here sorry to observe a violation of grammar, a blot which does not often stain the pages of the reporter. Preface, page 5. "And the bar has generously and frankly afforded their cases," &c. Upon perusing these volumes, every reader, who has any pretensions to the character of a lawyer, will acknowledge the superiority of the system of jurisprudence in NewYork, to most others in the United States. We speak of the English nisi prius system. When we perceive how favourable it is at once to the utmost deliberation, and to the greatest economy and expedition, it is difficult to tell why the good people of our country should so long oppose its introduction. Every lawyer knows, that in a science so technical as his; a science composed very much of rules, made and adhered to more from the necessity of having a rule, than from any intrinsick propriety in the rule itself; a science, which embraces almost the whole extent of human action, there can be neither accuracy nor safety in the decisions of a judge, who has not much time for deliberation, and all the lights which books can give. The maxim of a lawyer should be, via trita, via tuta. The aids of genius alone, in such a science, will not suffice, and the man who follows them will soon find himself bewildered and lost. For the trial of a simple or a complicated question of fact, (no other question should ever be definitively settled upon a trial) our own experience has shown, that one judge is more fit than half a dozen, or than a Roman court of judices selecti would be, composed even of such men as Hortensius and Cicero. In In reading the reports of American decisions, we too often have to lament frequent differences in the opinions of the judges. these volumes we find the same cause for regret. In a country like ours, we know of no remedy for the evil. In some states the office of a judge is elective, in all it is considered, more or less, as a round on the ladder of power, from which the judge can exhibit himself most effectually for the admiration and approbation of the citizens. Hence the frequent changes in our courts; so great are they, that no man, for ten years together, can know the court from any personal identity. we have noticed. Vol. I. page 398. "neither party have a right" "the sale of the premises was merely hearsay." In addition to this, we observe, that some of the marginal statements are incorrect, and some unintelligible. Vol. I. page 450, Given vs. Driggs, the marginal statement is wholly unintelligible. Vol. II. 188. Frost et al. vs. Raymond, from which it would seem, that it was determined by the court, that the word "dede," in a conveyance derived from the statute of uses, contained an implied covenant. The reporter tells us in his preface, that in most cases he received the written opinions of the court; of course he is not responsible for the defects of their manner or matter. It is impossible not to perceive, that they might, in many instances, be curtailed, to the great advantage of many a weary eye and many an aching head. The style of the opinions is generally correct, and lawyer-like. In America, however, every man, from the lowest to the highest, seems to consider, that, with the charter of his freedom, he has derived an exemption from all the ancient penalties, which were inflicted upon the slovenly murderers of his majesty's English. That the learned judges in the state of NewYork are not unmindful of their liberties the following instances will shew. Vol. I. p. 274, "because the court overruled certain objections from being put." Vol. I. p. 315, "if the award in question be good and valid in pursuance of the submission, it may undoubtedly be given or pleaded in evidence." Vol. II. p. 45, " to arrest the goods from the vendor under these circumstances," &c. Vol. III. p. 93, Court-" the verdict As to the general execution of these reports, the cases are stated with brevity, with method, and perspicuity. The arguments of counsel are given much in the manner of the modern English reporters. It may be thought, that many of them are given more diffusely than was necessary. Still, when the lawyer considers, how much the frequent citing of cases facilitates his labours, and refreshes his memory, he will have nothing to regret on this head. The mere name of a case has often saved much precious time, and many a laborious search. For these reasons every lawyer will be indebted to the reporter for his notes and marginal references, in which many authorities, illustrating the point in controversy, are cited. In cases, where the authority only is cited by the counsel, the name of the case is mentioned in the margin. Every professional man, who knows how mechanical is his science, and how important to the memory are such aids, will feel the full value of them. From this general approbation, we are sorry to make any deductions. In some instances there is failure of attention, and in some a want of accuracy. It is at least the duty of a reporter to exhibit the counsel in a decent garb, however slovenly they may themselves consent to appear. A filthy, or a tattered dress is neither decorous nor dignified before the most respectable tribunal in the state. If the reporter had bestowed a little more labour upon his reports, there would not be found such instances of awkwardness, inaccuracy, and bad grammar as the following, which are among the very many was clearly against the weight of |