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only right, duty, or proper function, of government, to protect men in the acquisition of property. But, if this be so, what security is there for the personal liberty and the reputation of the citizen? and of what use, indeed, is protection in the acquisition of property, if the owner is not also to be protected in its enjoyment?

It is "to teach these truths by the examples of our history," says the author, that the letters are designed: namely, that our early ancestors used their sovereign power "to build up and to destroy, and to grant privileges, immunities, and monopolies, to favored classes,"-and that the rightful function of government is to afford the citizens "protection merely in the acquisition of property." We are no blind admirers of antiquity; nor are we disposed to become the wholesale apologists for all that was said and done by our "pilgrim fathers;" but we raise our voices against the too common practice of trying their conduct by the lights of a succeeding generation, and of condemning them by a principle, which, whether it be true or not at this moment, or ever likely to become so, was, at least, wholly unknown to them; and we rejoice, that there is one historian among us, quite as familiar with colonial history, and almost as democratic, as Mr. Cushing, who has studied the annals of the colonists of New England in a different spirit from his, and drawn therefrom other lessons of wisdom, than are contained in the "Historical Letters on the First Charter."

3.-Laws of the state of Mississippi: embracing all acts of a public nature, from January Session, 1824, to January Session, 1838, inclusive. Published by authority. Jackson: Printed for the state of Mississippi, 1838.

The publication, of which the above is the title, contains probably the revised statutes of Mississippi, to which we have alluded in our last number (p. 230) and in a former volume (xviii. p. 212) ; but, of this fact, we have no certain information in the work itself; which, as its title imports, appears to be a mere collection of the statutes, arranged in chronological order. The volume contains no preface or advertisement, nor indeed any evidence that it has

received a legislative sanction, except the statement in the title, that it is "published by authority." Neither are we informed, that there were any statutes in force prior to those of January session, 1824, with which the volume commences. All these things are doubtless very well understood by the people of Mississippi; and it would have been quite gratifying, if the publishers of the volume before us had condescended to enlighten others in reference to the same points.

4.-The Revised Statutes of the State of Indiana, &c., arranged, compiled, and published by authority of the general assembly. Indianapolis: Douglass and Noel, Printers, 1838.

It is gratifying to perceive, that the several states are following the example of New York and Massachusetts, in the revision of their statutes. The volume before us, besides the declaration of independence, the constitutions of the United States and of the state, and "sundry other documents connected with the political history of the territory and state of Indiana," contains the statute laws in force therein, at the time of its publication, arranged in the alphabetical order of their several subjects. The collection is scarcely entitled to the appellation of "Revised Statutes; " since appears, from the certificate of the secretary of state, that the acts contained in it are simply reprinted from the original rolls in his office; and there is no evidence in the volume, that the laws had previously undergone the revision of a commission or of the legislature.

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The constitution of Indiana contains provisions, in relation to education, criminal law, and the support of the poor, which show, in a striking point of view, the enlightened and humane policy of the founders of that state. It requires the general assembly, "as soon as circumstances will permit," to provide by law, "for a general system of education, ascending in a regular gradation from township schools, to a state university, wherein tuition shall be gratis and equally open to all; to form a penal code, founded on the principles of reformation, and not of vindictive justice; ""and to provide one or more farms, to be an asylum for those

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persons, who, by reason of age, infirmity, or other misfortunes, may have a claim upon the beneficence of society, on such principles, that such persons may therein find employment, and every reasonable comfort, and lose, by their usefulness, the degrading sense of dependence."

How far these requirements have been complied with, the cursory examination which we have given the statutes will not enable us to decide. The criminal law is embodied in a statute, " relative to crime and punishment," which consists of ninety-nine sections, and in several additional statutes. The principal punishments to be inflicted are imprisonment and hard labor in the state prison, confinement in a county jail, and pecuniary fines. The punishment of death is provided only for the case of wilful and deliberate murder.

5.-A Charge to the Grand Jury of Adams County, delivered at the opening of the special term of the Criminal Court of Mississippi, on the fourth Monday of June, A. D. 1838, by J. S. B. THACHER, judge of that court. Natchez, 1838.

This charge was published at the request of the jurors to whom it was delivered, and it seems to be well worthy of that distinction. Among other subjects, the judge alludes to duelling, in the following terms:

"I am bound to call your attention, in particular, to some of the acts of the legislature of recent creation, which have been made for the holy purpose of endeavoring to brand with legislative condemnation, a species of felony which has hitherto had a sort of fashionable sanction. I refer to an act passed on the 13th of May, 1837, to suppress the evil practice of duelling, and other personal conflicts. The enactment runs against all persons who shall challenge others to fight a duel, or who shall deliver a challenge knowingly, or accept such challenge, or be present as aid, second or surgeon at the time of fighting a duel; against all persons who shall send a challenge in this state, to any person to fight a duel out of this state, or shall leave this state and fight a duel out of this state, or shall accept a challenge out of this state, and shall leave this state for the purpose of eluding the provisions of this act, or shall knowingly bear such challenge, or act as aid, second or surgeon of either party as

aforesaid, without this state. The same act includes as felons all persons who shall be guilty of fighting in any corporate city or town, or any other town or public place, in this state, and shall in such fight use any rifle, shot-gun, sword, bowie-knife, pistol, &c., or any deadly weapon, or if any person shall be aid or second in such fight, and further, any persons having, or carrying any dirk, dirk-knife, bowie-knife, &c., or any deadly weapon, and shall exhibit the same, in the presence of three or more persons, in a rude, angry or threatening manner, and not in necessary self-defence, or use them unlawfully in any fight or quarrel. Recent circumstances have brought the subject of duelling in the most solemn manner to the consideration of the people of the United States. Independent of its enormity in a legal and moral point of view, it is a species of felony which especially endangers the lives of the most valuable and better educated classes of society. Hitherto, every inducement, that could work upon the noblest impulses of an ardent and generous mind, have been perverted to force it into the commission of an act the most foreign and abhorrent to its real nature. I believe that this evil was originated by the law, which, in the olden time, admitted of trial by test of personal combat, in the hope that Providence would aid the right.1 It is peculiarly the business of the law to correct its mistakes, nor should it suffer a polite homicide to confer honor, when the common murderer is consigned to execration."

1 Co. Litt. 294; Montesquieu-Diversitè des Courts, 304.

6.-The Revised Statutes of the State of Michigan, passed at the adjourned session of 1837, and the regular session of 1838. Printed and published, by virtue of a resolution of December 30, 1837, under the supervision and direction of E. B. HARRINGTON and E. J. ROBERTS. Detroit: John S. Bagg, Printer to the State, 1838.

On the recommendation of governor Mason, contained in his annual message of the year 1836, the legislature of the then territory of Michigan appointed the Hon. William A. Fletcher a commissioner to prepare and arrange a code of laws, and to report the same to the legislature of the next year. At the time of his appointment, the commissioner held the office of circuit judge of the circuit court of the territory of Michigan, and, on the organization of the state government, was appointed chief justice of the

supreme court. The time for the report of the commissioner being found insufficient for the accomplishment of his task, it was extended to November, 1837; at which time the report was accordingly submitted to the legislature, then in session for the purpose; and, after various additions and amendments, the act denominated the Revised Statutes was enacted, on the thirty-first of December following. Several chapters were added by the succeeding legislature, at its regular session; and the whole code went into operation on the first of September, 1838.

The Revised Statutes of Michigan, like those of Massachusetts, are divided into four parts, with similar titles. Each part is subdivided into titles, each title into chapters, and the chapters into sections. Unlike the statutes of Massachusetts, however, in those of Michigan, the chapters are not numbered continuously from the beginning to the end. The consequence is, that in referring to the latter, it will be necessary to give the part, title, chapter and section, instead of chapter and section only, as in referring to the former. We cannot pretend, in a short notice, to criticise this work. It seems, however, upon the cursory examination which we have given it, to be well executed; and, upon comparing it with the preceding laws of Michigan, it will be seen, that it is a work of legislation, as well as of revision. We cannot but notice, that the general arrangement of the subject is borrowed or rather imitated from the Revised Statutes of Massachusetts; to which source, also, the commissioner has been indebted for many of his additions and amendments.

The gentlemen, appointed to superintend the publication, certify, "that they have personally superintended the publication, examined the proof sheets, compared the same with the original acts in the office of the secretary of state, prepared marginal notes to the sections, head notes to the chapters, and an exact and copious index to the whole, and, that the same is correctly printed." We take pleasure in adding, that the Revised Statutes of Michigan are also printed in a style, which would do no discredit to any of the Atlantic cities.

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