THE rapid increase of publications containing reports of cases, adjudged in the various tribunals of justice in Great Britain and America, sufficiently prove the estimation, in which these valuable records of judicial history are held by the publick. Indeed the utility of a general diffusion of the principles, upon which the security of property, life and reputation depend, must be manifest to all, who know and value the legitimate objects of government and society. In the dark ages of the world, antecedent to and during the prevalence of the feudal system, laws seemed to be little more than a system for the benefit of masters in the government of their slaves; and the people scarcely felt an interest in the establishment or admi. nistration of codes, which had no respect to their security or comfort. The gross ignorance of the laity, who knew no art but war, necessarily rendered the clergy the sole de

positories of the law, as well as the religion, of their country; and it is not surprising, that while the precepts of our holy religion, and the forms of worship were concealed from the common eye, in language unattainable but by the arrogant few, that the laws and the proceedings of the courts of justice, under the controul of the same class of men, should be enveloped in mysteries.

The sudden declension of this mischievous monopoly, after the reformation had put to flight the army of monks, which infested England, and with them their arrogant pretensions to exclusive dominion in the oligarchy, rather than the republick, of letters, opened to the world sources of improvement, of which successive generations have availed themselves to purify the sciences from the rust of monastick pedantry, and to make them subservient to the comfort and happiness of society.

The powerful spirit of commerce too had dissolved the charm, which bound the mind of man to disgraceful servitude, and unshackled property from the fetters, which ages of tyranny had fastened; so that the fruits of labour became the right of him, by whose fatigue they were earned. The whole community

therefore became deeply concerned in the rules, made for the security of property, and for its transmission to those, for whom alone, except himself, man is willing to labour. In this state of things the principles of all the sciences became, in a degree, common property; the liberal, but prudent use of the press, giving to genius and industry the means of enjoying and improving all the discoveries of the times; this multiplying and magnifying the powers, by which the arts were drawn from under the ruins, which buried them for centuries, and giv. ing to science that polish and improvement, which fitted it for the use and ornament of the human mind. Nope of the sciences has, perhaps, derived so much advantage from being opened to publick inspection, and having its gradual improvements displayed to the publick eye, as jurisprudence. In the early times of its advancement, when judges

were

struggling with the innumerable briars and brambles, which the ingenuity of quibblers had thrown in the way of justice, had there been no record remaining of their success. ful combats, to this day we might have been shocked with the superiority of cunning over truth, and chicanery over justice. The early reports, however, contained nothing but the naked decisions of the judges, without the reasonings, upon which those decisions were formed. The independent mind yields with reluctance to authority, unsupported by argument. The learning of each class of judges was permitted to die with its possessors, and those who followed were obliged to submit implicitly to precedent, or strike out for themselves a light, which also was doomed to expire with those who produced it. This is the

general character of the first class of cases reported.

The great lawyer and voluminous reporter, however, of queen Elizabeth's time, Sir Edward Coke, rushed into the other extreme, and confounded the reader with the length and minuteness of his cases. All the learning of all the books was put in requisition on every question, which was discussed; and, when reading the arguments of the reporter himself, which he seldom felt a disposition to curtail, we are equally astonished at the indefatigable researches of the lawyer, and the wonderful patience of his auditors. Many important principles, preserved in that work of unparalleled labour, are known by every scientifick lawyer to be now of common use; and a careful study of them, is the duty and interest of every young man, who aims at distinction, in the honourable profession of the law.

If it be considerered next to a miracle, that, in a time of comparative barbarism and ignorance, a poet should have exhibited such, I am inclined to say, supernatural powers in the regions of fancy, that in these polished times, a successful imitation of him is the highest aim of the finest writers; it should also be acknowledged wonderful, that in the same period existed a man, who, in the less brilliant, but more laborious course of legal investigation,exhibited a strength of intellect, power of reasoning, and diligence of research, which would put to the blush the most learned and industrious jurists of modern times. Like all other books, however, reports of law cases have become more valuable, in proportion to their cost in latter times. Less desire is shewn to increase the bulk, than to select their contents; and this improvement is produced by

competition. The modern English reports in relation to those of Sir Edward Coke, are like the writings of modern divines, compared to the everlasting ratiocinations of the fathers and of the early clergy. We find now, in the English books, just as much of every case, of the arguments of counsel, and of the reasons given by the judg s for their opinions, as we want; and instead of purchasing a great quantity of chaff for the sake of possessing a little wheat, it may be safely said that no man gets more the worth of his money, than the lawyer, who purchases reports.

The foregoing remarks have been made to shew the importance of this department of science, and to in crease the limited market of books, which cost so much time and labour, and which we fear do not always find their way to the shelves of those, for whose peculiar instruction they are designed.

Let us imagine for a moment, that so great a luminary of the law, as Lord Mansfield, had died without leaving any monuments of his profound erudition, astonishing intelligence and painful investigation, but the memory of those, who were so happy as to witness his exalted talents. What a chasm should we find in the history of English jurisprudence; and what labour would it cost to catch a glimpse of the light, which he so profusely scattered around him. How much uncertainty would there still be in the law merchant, and especially in that fruitful subject of controversy, contracts of insurance. Thanks to the patient labours of Burrow, Douglas and others, he lived not only for his own times, but for us and our posterity; and as long as commerce shall be encouraged, and mercantile integrity shall be valuable, his mem

ory, as well as theirs, who gave him immortality, will be held in reverence.

But enough has been said to shew the value of these publications in general. Their effect upon the judge in producing industry of research, and accuracy in opinion, upon the advocate in improving his stile, and refining his argument, upon the legislature in amending the laws, when found to operate injuriously, need not be stated.

It is, therefore, with no common pleasure, we perceive a growing demand for these works. It is suffi cient that we have lost the wisdom and learning of our judges from the first settlement of our country to the revolution. How valuable would be the history of their labours, in ascertaining the origin of many of our customs, the cause of our deviation, in many instances, in our law proceedings, from those of England, and, in many other particulars, interesting to the moral and political state of our country; subjects now involved, and which ever will be in darkness and confusion, that would probably be intelligible, had we a regular history of our judicial transactions to resort to for information.

After having said so much on this subject, we cannot refrain from another important effect, we think the publishing of reports in the several states of the Union will necessarily produce. Whatever some may think of the utility of preserving distinct local customs and manners in the several states, so as to prevent the so much dreaded evil of a consolidation into one people, we think none will deny the advantage of having the same legal decisions on all general questions of contract, and, especially, on questions touching the law merchant. The necessary intercourse between the citizens

of the different states, would seem to require that the great principles of law, applicable to commercial intercourse, should be the same in all the states. This will be the case, should the practice of publishing the decisions of the courts, and the reasonings of the judges, become general. Pride of character, and a desire to promote the publick good, will induce the judges of one state, to yield to the more powerful arguments of those in another, and a general system of legal principles will be the result.

We come at last to some observations upon Mr. Dallas' 4th volume, a perusal of which, with a view to ascertain its merits, has given occasion to these preliminary observations. Mr. Dallas has the merit of having led the way in this meritoritorious employment in the United States. He commenced his series of reports in 1790, and we believe it was the first volume of the kind published in America. This is no mean merit. His brethren of the bar must feel obligations to him; and there are others, who owe him some thanks for his labours. The present Governour M'Kean acquired the reputation of a learned judge and able lawyer, by the publicity Mr. Dallas has given to his talents. Whence was it that Pennsylvania acquired, as she certainly did, the credit of having a more respectable judiciary and bar than any other state, but by Mr. Dallas' record of their labours? How much also has New York risen in publick estimation on these points, since their regular publication of the reports of 'their tribunals?

We cannot withhold an observation, which occurred to us on reading a case reported in the first volume, which was decided so early as 1764. The question was, whether

the insured of a ship, which had been captured, and recaptured, sold, and bought in by the captain for the former owner, who acquiesced in the purchase, should recover for a total or partial loss without abandonment of the ship. The court ruled that he could only recover an indemnity according to his loss. The Supreme Judicial Court of this Commonwealth has given a contrary decis ion in two cases; but we are happy to hear that in a late case not yet reported, they have returned to the good common sense doctrine, so long ago established in Pennsylvania. We predict, when the learned and elaborate argument of one of our judges in the case of Oliver vs. the Newbury Port Insurance Company, shall be made publick, there will be no longer a question on the subject.

We could say much in praise of Mr. Dallas for the great labour and attention bestowed upon his former volumes, to which we are indebted for all the decisions of the Supreme Court of the United States, until Mr. Cranch assumed that task; but it is the 4th only which has arrested our particular attention.

Ubi plura nitent, non ego paucis Offendar maculis. And yet it may be useful to suggest those points, in which we think Mr. Dallas has failed of making his book as perfect, as he might easily have done.

First however, we will speak of its merits. The three great points to be attended to by a reporter are, a perspicuous statement of his cases, a condensed view of the arguments of counsel, and an accurate exhibition of the reasons, upon which the judgment or decree is founded.

We think Mr. D. has been happy in each of these particulars. He has generally given a lucid state of the facts, which call for the application of the law. Probably this

however was not difficult, as in most cases a statement is drawn up by the counsel, who argue the cause, and they are careful to exclude every thing, which has no bearing upon the question submitted. With respect to the arguments of counsel he must have found some difficulty. His eminence at the bar was such, as to place him in the situation of an advocate in almost every case he has reported. He was necessarily therefore the hero of his own tale. Quorum pars magna fui, he could as truly say, as could the hero of the Eneid, when relating the troubles of Troy. He had therefore to resist the natural impulse to swell his own arguments,and contract those of his antagonists. He has however done as fairly, as any man could in like circumstances, and we see but few instances of partiality to himself. He has generally condensed the arguments of counsel into the form of propositions, and thus gives the substance in as small a compass as possible.

To attempt to report the eloquence of an advocate, would be fruitless; so much of it depends upon the manner, the voice, the gesture, the nice adaptation of words, that no reporter can catch enough of the figure to convey any likeness to his readers. It is enough that we have the substantial reasons of the advocate, stripped of the ornament which night obscure but would seldom illustrate them.

But there are faults in this book, which a reviewer ought not to pass without notice. If there be any advantage in giving to the publick opinions of such literary works, as are from time to time ushered into notice, it must principally lie in exposing the errours of the authors, that those, who succeed them in like labours, may produce their works in

a more finished state to the publick 'eye.

A general view of this 4th vol. of Mr. Dallas cannot but excite a suspicion, that, being about to withdraw from his labours, as an author, labours, which we are glad to understand have been handsomely remunerated, he was solicitous to make the most of the materials on hand, in order that a volume of decent size might terminate his career and round off his profits.

This suspicion arises from several considerations, of which the following are the most important: 1st. He has pressed into his service, cases, which were discussed in several distinct and independent courts, which we think very injudicious. The reader will find in this book, cases, decided by the Supreme Court of U. S. by the Circuit Courts of the same, by the Supreme Court of Pennsylvania, the court of Errors and Appeals, and even a case in the Mayor's Court of the city of Philadelphia. 2d. There are no less than five cases reported, in which the same facts are presented for decision, and the decision is the same in all, viz. that to give the Federal courts jurisdiction, it must appear on the record, that the parties are citizens of different states. Surely it would have been sufficient to have given us one of these cases, and to have referred, in the margin, to others, especially as the decisions were governed by the case of Bingham and others vs. Cabot, which is ably reported in the third volume of this work, and which was decided by the highest judiciary tribunal in the United States.

In one of these cases, viz. Mossman, executor, vs. Hoffman, we dis.. cover a singular mistake: a writ of error is brought to reverse the proceedings in a bill in equity, because