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laws; its origin, influence, and importance, its limitations and exceptions; also the questions of revolution, rebellion, insurrection, dangers of mob law ; and of informers and a secret police, as means of security. This chapter is rich in historical illustrations, and contains many sound reflections and just observations. The third chapter treats of societies and associations, their influence, dangers, and benefits, and points out the mischiefs of trades' unions. The fourth chapter is upon the newspaper press, which subject is treated with good sense and a sound moral tone; and he also has a paragraph or two upon the political position and duties of the clergyman. This chapter closes the fourth book. The first chapter of the fifth book is upon voting, and the duties of the citizen in relation thereto, passing also under review the abuses of the franchise, by intimidation or bribery and various malpractices which sometimes disgrace elections themselves. Every American citizen may be profited by a perusal of this chapter, not omitting the remarks on the practice of betting at elections. The second chapter is upon parties and party spirit, their invariable attendance upon free institutions, their dangers and abuses, the characteristics of a sound party, and how far a good citizen ought to carry his allegiance to a party. The third chapter treats of that balancing power which in a free state is called the opposition, its value as a safeguard of liberty and a check upon the majority, and lays down certain ethical rules in regard to opposition and parties in general. The concluding paragraph is on the dangers of parties formed on the ground of extraction or foreign nationality. The fourth and concluding chapter of the sixth book is upon public men, their physical, mental, and moral qualifications, the knowledge requisite for a public man, and the preliminary requisites for entering upon a public career. We commend this sensible chapter to all those who are apprentices or journeymen at the great trade of politics. The sixth book is divided into three chapters, all of which are devoted to the various relations of the great subject of representation. This book is among the more valuable portions of the whole work, and may be read with great advantage by every member of a representative government. He shows the distinctions between a representative government and a direct democracy, also between representative and deputative systems of government. Upon the subject of instruction in general, and especially in its reference to the United States, his views are thorough, elaborate, and profound. He denies the right of instruction and maintains his position with great fulness of learning and power of reasoning. He discusses also the doctrine of pledges in an able and satisfactory manner. Various other topics are also treated of with more or less fulness. In the first chapter of the seventh and last book, Mr. Lieber treats of executive officers, of the difficulty of controlling them, of the veto in ancient and modern times, of the pardoning privilege, its danger and difficulty, and the rules which should be observed in making use of it. The second chapter treats of judges, courts, and the administration of justice, of the institution of juries and of the rights and duties of jurymen, of advocates, their moral obligations, their political relations to the community, and of the duties of witnesses. The third and concluding chapter is upon war. Mr. Lieber maintains, that just and reasonable wars are not prohibited by either morality or religion, that patriotic wars have raised the character of nations; and these positions he argues at some length. He deems it impossible to settle national disputes by the arbitration of a congress of nations. He treats at length of the moral obligations of war, and the restrictions imposed upon honorable warfare by ethical laws. We feel that we have done injustice to Mr. Lieber by our imperfect abstract. His volume is crowded with learning, and rich with valuable and profound observations. We are not always disposed to agree with him ; but even his opponents cannot read those portions of his work to which they refuse their assent, without improvement. The portions of this volume which we should select as particularly worthy of notice from their ability and independence are, the chapters on honesty and veracity, on education, on woman, on office and office-holders, on the pardoning power-and, especially, those on instruction, and the representative and deputative systems, which are original, and truly valuable. In respect to arrangement, this volume is liable to the same criticism as the first, and would be improved by a process of condensation.
2.—A Digested Inder of the Statute Law of South Carolina, from the earliest period to the year 1836, inclusive. By WILLIAM RICE. Charleston: J. S. Burges, 1838.
The plan of this work, so far as we recollect, is novel, at least in this country. It is intended to be a digest of the statute law, sufficient for most practical purposes, put into the form and expressed with the brevity of an index. It will thus be a most valuable appendix to the statutes at large of South Carolina, now a publishing, or nearly completed, and of which we have already spoken. Mr. Rice certainly deserves the praise of extraordinary diligence, this being the fifth octavo volume he has given to the public within the short space of two years.
3.—A Digest of the Cases decided in the Superior Courts of Law of the State of South Carolina; from the earliest period to the present time. With tables of the names of the cases, and of titles and references. By WILLIAM RICE, Attorney at Law. In two volumes. Charleston : Burges & James, 1838 and 1839.
Mr. Rice, the present state reporter of the state of South Carolina, besides publishing his two volumes of reports, noticed in our last and present numbers, has recently presented the profession with a digest of the jurisprudence of his state, in two volumes. This digest contains the cases decided in all the superior courts of South Carolina, commencing with Bay's and ending with Hill's reports, besides some of the cases in Brevard's manuscript reports, not yet published. The number of volumes digested is eighteen, namely: Bay's Reports, two volumes; Treadway's Constitutional Reports, two volumes; Mill's Constitutional Reports, two volumes; Nott and M'Cord's Reports, two volumes; M'Cord's Reports, four volumes; Harper's Reports, one volume; Bailey's Reports, two volumes; Hill's Reports, two volumes; and Riley's Collection of Cases, one volume. Besides these printed reports, Mr. Rice has inserted several cases, hitherto unreported, from the
records of the court of appeals, and a portion of the cases about to be published, if not already published, from the manuscripts of the late judge Brevard. The latter were in four volumes in manuscript, of which Mr. Rice has digested the third. They will be printed, we understand, in two volumes. Mr. Rice's digest seems to us to exhibit traces of that carefulness and discrimination, which are the chief merits of a work in this department, and it can hardly fail to be of great utility to the profession of South Carolina, to whom it is very properly dedicated, besides affording much valuable help to the practising lawyers of other states. 4—Revised Statutes of the State of Arkansas, adopted at the October Session of the General Assembly of said State, A. D. 1837, in the year of our independence the sixty-second, and of the State the second year. Revised by WILLIAM McK. BALL and SAM. C. RoANE. Notes and Index by ALBERT Pike. Published by authority of the General Assembly. Boston: Weeks, Jordan & Company, Publishers, 1838.
The seventh article of the constitution of Alabama, section 9, provides, that, “Within five years after the adoption of this constitution, the laws, civil and criminal, shall be revised, digested, and arranged, and promulgated in such manner as the general assembly may direct; and a like revision, digest, and promulgar tion shall be made within every subsequent period of ten years.” In pursuance of this requisition, the general assembly, by a statute passed October 6, 1836, authorized the governor to appoint two competent persons to revise and arrange the statute laws of the state, and prepare such a code of civil and criminal laws, as might be necessary for the government of the same, to report at the next session of the general assembly. Under this statute, Messrs. Ball and Roane were appointed commissioners. Their labors were presented to the assembly in October, 1837, in which the statutes reported were acted upon, and passed with such amendments as were thought proper. The statutes thus prepared and enacted were published in the volume before us, under the editorial supervision of Mr. Pike, the present state reporter.
This volume, besides the statutes, contains the constitutions of the United States and of Arkansas, the treaty of cession of Louisiana, the act of admission of Arkansas, and sundry other documents relating thereto. The statutes are arranged alphabetically in one hundred and fifty-nine titles. Chapters 44, entitled Criminal Jurisprudence, and 45, entitled Criminal Proceedings, constitute the criminal code.
5.—Lectures on Moral Philosophy, delivered before the Philosophical Association at Edinburgh, in the winter session of 1835, 1836. By GEORGE CoMBE. Boston: Marsh, Capen, Lyon & Webb. 1840. *
Among the important topics treated of by the author of the “Constitution of Man,” in this volume, the lectures on the “causes of pauperism and the subject of criminal legislation,”— on the “duty of society in regard to criminal legislation and prison discipline,”—on “guardianship,”—“surety,”—and the various forms of government, cannot but be interesting to those of our readers, who, in common with ourselves, look to the science of phrenology and the teachings of its greatest living master, for light and guidance in reference to the all important subjects to which it has been applied by him. We propose, in our next number, to present our readers with Mr. Combe's views on some, if not all, of the above-mentioned topics,
6.—An Introductory Lecture on the Study of English Law, delivered in University College, London, on Monday, December 17, 1838. By P. STAFFoRD CAREy, M. A., Professor of English Law. London: Taylor & Walter, 1839.
The learned professor of English law in University College, in a well written lecture of forty odd pages, presents us with an outline of the plan of his course, and with the reasons which have induced him to depart from the plan pursued by Blackstone and other professors. The main division which he proposes, is into public and private law. Under the first branch, he includes: