« PreviousContinue »
which took place on this occasion, gave rise to the formation of the constitutional association, an institution fraught with many important results to the future history of this country. Mr. Stuart was the first chairman of the association, and took a prominent part in all the proceedings in which it engaged. A similar association was formed in Montreal, and by the spirit which pervaded both, much was successfully done to defeat the virulent domination of the opposite party. In the spring of 1838, he was sent to England, at the instance of the association, for the purpose of forwarding the re-union of the provinces. He returned in September of the same year, thus concluding the last public mission in which he was engaged. Mr. Stuart's literary attainments were of a high order; his taste, in the fine arts, just ; his acquaintance with the literature of the day, extensive. He possessed an intimate acquaintance with ancient learning, especially with the works of the great model of Roman eloquence. To peruse and digest the rhetorical works of Cicero, was his greatest amusement. He had thorougly considered both the precepts which they contain, and the principles in human nature on which these are founded. It is natural for every one possessing such a taste and such predilections as his, to desire not only to know, but to inspect societies of different forms and attainments, and to view the venerable remains of ancient art and grandeur. Accordingly, yielding to this very reasonable inclination, he left Quebec in July, 1824. After visiting the most noted objects in the United Kingdom, he spent the winter in the south of France and in Italy, and returned to Quebec in January, 1826. It is easy to see, that such a tour must have yielded him infinite gratification; and those who knew him knew that it added another charm to his conversation, which had, at all times, been highly attractive. The attractions of his conversation formed, indeed, one of the marked features of his character. To pass them over in this place, would be unpardonable. His habits of theorizing accompanied his observations, even in his freest and most unguarded moments, the moments when all effort is felt to be unnecessary;
and being always on the side of humanity and good feeling, inevitably fascinated every heart. It was impossible to resist the enchantment of his colloquial intercourse. His observations were founded on the universal principles of human nature, and found an echo in every mind. To all institutions promoting literary purposes, Mr. Stuart was an ardent friend, and among others to the Literary and Historical Society of Quebec. He entertained an earnest, and a kind of paternal solicitude for its advancement. Besides promoting its interests, by his personal influence, he communicated to it, or read before it, a great number of interesting papers, and exerted him-self with great zeal to forward the publication of its transactions. He found the means of obtaining those funds from the legislature, which have enabled it to publish several original documents procured from various quarters in Europe and America, illustrative of the previous history of this country. The papers which he supplied to the society's transactions are indications of an original, and in some degree, a romantic mind. The first is to be found in the first volume, page 52, and is entitled, “Notes on the Saguenay Country.” His mind had long been impressed with the magnificent scenery of that portion of the province, and anticipating its future usefulness as a resource for emigration, he delighted in recalling to the view of the existing generation, the purposes to which the first settlers of the country had found it capable of being applied. His next contribution is in the same volume, p. 176, on the “Ancient Etruscans.” It indicates a vast extent of reading, an acquaintance with authors seldom to be met with, and views that are familiar only to an expanded mind... The last is in the third volume, page 365, entitled, “Detached Thoughts upon the History of Civilization.” It indicates like that just mentioned, great comprehension of thought, and a vast extent of reading. Though not finished according to the evident intention of the author, and rather the opening up only of the subject, it has the effect of fixing the reader's attention upon . a number of the most important peculiarities of ancient manners. After what has been said, it is almost unnecessary to add, that
in private life he was most strictly honorable, sincere, kind hearted, generous and friendly. The public life which has been described could never have arisen out of the opposite disposition. It was the fruit of his prevailing temper of mind, of his constitution and habit of thinking. In conclusion, it is gratifying to add, that Mr. Stuart was a sincere friend to religion. He spoke at all times with the highest respect of its ministers, its institution, and its code. He contemplated the truths which it teaches, with the deepest reverence; and looked forward to the closing scene of human existence, with mingled sentiments of reasonable anxiety and enlightened hope. He died on the 21st February, 1840. His funeral was followed by a vast concourse of persons, who feelingly deplored the
loss they now sustained.
Mittermaier’s German Criminal Procedure. The first volume of a new (the third) edition of this valuable work, with additions, has just been published at Heidelberg. It contains references to all the recent statutory legislation of the states of this union, on subjects of criminal law.
To our Readers. We intended, in the present number, to have presented our readers with an article on the effect of drunkenness, as a ground of relief from criminal responsibility,+and a review of the second part of Lieber's Political Ethics;–but we have been obliged to defer them both, for reasons beyond our control. We shall give them in our next;-which will also contain articles on the law of contracts (continued), -on the rights of slaveholding states, &c. (continued), -and on mistakes of law (continued).
QUARTERLY LIST OF NEW PUBLICATIONS.
A Treatise on the Law of Limitations, with an Appendix of statutes and forms. By G. B. Mansell, Esq., Barrister at Law. Commentaries on the Law of Nations. By W. Oke Manning, Jun., Esq. The Statute Criminal Law of England, as regards indictable offences: arranged in classes according to the degrees of punishment, (forming the Appendix to the Fourth Report of the Commissioners on Criminal Law). With notes. By John James Lonsdale, Esq., of Lincoln's Inn, Barrister at Law. A Treatise upon the Law and Practice of the Court for the Relief of Insolvent Debtors, with an Appendix, &c. By Edward Cooke, Esq., of the Middle Temple, Barrister. A new Law Dictionary, containing explanations of such technical terms and phrases as occur in the works of the various law writers of Great Britain. To which is added an outline of an action at law and of a suit in equity. Designed expressly for the use of Students. By Henry James Holthouse, Esq. A Practical Guide to Executors and Administrators, &c. By Richard Matthews, of the Middle Temple, Esq., Barrister at Law. The Law of Parliamentary elections, Part I, &c. By B. Montagu, Esq., Q. C., & M. J. Neale, Esqrs., Barristers at Law. The Theory and Practice of Conveyancing. By Solomon Atkinson, Esq. Barrister at Law.
Reports of Cases determined in the Supreme Judicial Court of the State of Maine. By John Shepley, Counsellor at Law. Volume III. Maine Reports. Vol. XV. Hallowell: Glazier, Masters and Smith, 1840.
Reports of Cases argued and determined in the several courts of Law and Equity, in England, during the year 1839. Jurist Edition. Vol. I. New York : Halsted & Voorhies, 1840.
A Treatise on the Law of Evidence. Fifth American from the eighth London edition, with considerable additions. By S. March Phillipps, Esq., and Andrew Amos, Esq., Barristers at Law. With notes and references to American Cases. Parts I and II. New York : Halsted & Voorhies, 1839. Digest of the Decisions of the Courts of Common Law and Admiralty in the United States. By Thereon Metcalf and Jonathan C. Perkins. Vol. I. Boston : Hilliard, Gray, and Co., 1840. Letter to His Excellency Patrick Noble, Governor of South Carolina, on the Penitentiary System. By Francis Lieber. Argument for the Plaintiffs, in the case of Wildes and others v. Parker and another, in the Circuit Court of the United States for the District of Massachusetts, January Term, 1840. By Ivers J. Austin, of counsel for the Plaintiffs. A Treatise on the Law of Insurance. By Willard Phillips. In two volumes. Second Edition. Boston : Charles C. Little and James Brown, 1840. We shall notice this new and enlarged edition of a most valuable work in a future number.] Reports of Cases argued and determined in the court of Chancery of the State of New York. By Alonzo C. Paige, Counsellor at Law. Vol. VII. New York: Gould, Banks & Co., 1839. Digested Chancery Cases, contained in the Reports of the Court of Appeals of Maryland. By James Raymond, of the Maryland Bar. Baltimore : Cushing & Brother, 1839. Commentaries on the Law of Bailments, with illustrations from the Civil and the Foreign Law. By Joseph Story, LL.D., Dane Professor of Law in Harvard University. Second Edition. Revised, corrected, and enlarged. Boston: Charles C. Little and James Brown, 1840.
A Treatise on the Rights and Duties of Merchant Seamen, &c. By George T. Curtis.
Digest of the Massachusetts and Pickering's Reports. By J. C. Perkins and J. H. Ward.
A Treatise on the Common Law in relation to Water Courses. Second edition, much enlarged. By Joseph K. Angell.