the judges, reflect honor upon this tribunal, and upon the state of which it is so important an institution, and so great

an ornament.

There are in this volume three instances of decisions in pursuance of the opinion of a majority of the court, in opposition to that of two of the judges in one case, and that of the Chief Justice, in the others. In the first case, a deputy sheriff had, in levying an execution, seized the goods of a Mr Campbell, who thereupon brought an action of trespass against the deputy sheriff, in which he recovered a judgment, and by virtue of the execution issued upon this judgment, the deputy sheriff had been committed to goal, whence he was discharged by order of law; and the judgment remained in full force and not satisfied; and the question was whether, after this, Campbell could maintain an action of trespass de bonis asportatis against the sheriff, on account of the same cause of action upon which he had already recovered a judgment against his deputy. Chief Justice Parker, and Justices Jackson, and Putnam, were of opinion that he could not; and so, accordingly, was the decision; Justices Thatcher, and Wilde were of opinion that he could maintain the action. The grounds of dissent, are given by Mr Justice Wilde. The second case, in which the court were divided, relates to the construction of the clause in the bill of rights prefixed to the Constitution of Massachusetts, and of the acts of the legislature, respecting the support of religious worship. Justices Thatcher, Putnam, and Wilde, were of opinion that if a person becomes a member of a religious society, without the limits of the parish in which he resides, and gives proper notice of this fact, he is not liable to pay any tax for the support of public worship in the religious society of the parish where he resides; whether the two religious societies be of the same, or of different denominations; and so the court decided. The Chief Justice was of opinion that an inhabitant of a parish is not, in this case, exempted from such tax, unless the religious society of which he becomes a member, is of a different denomination. Elaborate opinions are given in favor of these different constructions of the bill of rights, and the acts of the legislature.

The reporter has, in some few instances, added notes of authorities relating to the subjects of decision. The time that elapses from the giving of an opinion, until the public ation

of the report of it, is not long enough to give an opportunity for many new decisions in other courts relating to the points involved in the cases reported, and it can hardly be expected of a reporter to go through all the indexes, in each case, to pick up what may have been overlooked by the counsel, on each side, and by the court; and accordingly but very few additions of this sort can be looked for. In one instance, p. 283, the reporter cites an additional case of some importance from Barnewall and Alderson, and subjoins-what we think might have been better omitted-a few remarks upon the question, whether the case in Barnewall and Alderson, if it had been brought under the attention of the court, would have influenced their decision. The reader is prepared to follow the editor of a book of reports, that has for some time. been before the public, through a range of speculations, and arguments, as well as authorities, but there are many reasons why a reporter, more especially an official one, should confine himself, in the original publication of decisions recently made, to a report and references. The case cited in this instance is certainly very close, in its circumstances to that decided by the court, and is well worth citing, and the remarks are so short, and at the same time so pertinent, that we should not have thought of excepting to their insertion, but for the practice that has been adopted by other reporters in a few instances, of appending distinct independent treatises to their reports, and thus blending things, which have very little connexion with each other; and making it necessary for many members of the profession to purchase treatises which they may not want.

ART. VIII.-1. The Seventh Annual Report of the American Society for Colonising the Free People of Color of the United States; with an Appendix. 8vo. pp. 176. Washington. Davis & Force. 1824.

2. Correspondence relative to the Emigration of Free People of Color in the United States; together with the Instructions to the Agent sent out by President Boyer. 8vo. pp. 32. New York. 1824.

THE history, designs, and operation of the American Colonisation Society have so recently been made topics of ample

discussion in our journal, that we have no occasion to add more at present, than a few incidental remarks on the present condition and prospects of the Colony abroad and the Society at home. The subject of devising means for relieving the United States of the burden of its colored population, must be deemed by every patriot, and every friend of humanity, as one of deep interest to the nation. We know it is easy to be very extravagant and very chimerical on this subject; to be zealous without knowledge, and active without discretion; to invent theories that will never be put in practice, and dream dreams that will never come to pass. All this we admit, and yet we affirm, that it proves nothing against the practicability of such a scheme as is contemplated by the Colonisation Society, carried forward judiciously and perseveringly to its natural results.

As to the two projects, which have occupied a large share of public attention of late, namely, colonisation in Africa, and emigration to Hayti, there seems no good reason why success should not be wished to both of them, since the ultimate purpose of each, as far as the United States are concerned, is the same. But if a parallel must be drawn between the two, we confess our partiality for the former, inasmuch as it promises in our opinion equal, if not greater advantages to the emigrants themselves, the same benefit to this country, and an infinitely greater one to the cause of humanity. The slave trade, that dark and bloody page in the history of man, can never be suppressed except by efforts in Africa itself. The plant will never wither, nor cease to exhale its poison, till it is thoroughly rooted from the soil, which ministers to its nourishment and growth. Governments may pass laws and execute them, arm navies, and fill the African seas with ships of observation; and all to little effect. The love of gain is the last passion, which is appalled by threatened danger, or yields to physical force. The malady in Africa is a moral and intellectual one; it must be removed by moral and intellectual remedies. Such is the power of habit on the mind, that, after the practice of ages, neither principle, conscience, nor humanity, utters a single remonstrance in the African bosom against this most odious and disgraceful traffic. Civilisation, a knowledge of the arts, and religion, must be the precursors of a better state of society. When this state shall be attained, slavery will exist no longer;

the trade on the ocean will sink to nothing; and millions of human beings, who are now a burden on one quarter of the earth's surface, and defile it by their degradation and their crimes, will be raised to a rank among enlightened nations, form governments on principles of wisdom and equity, and enjoy the blessings of intelligence and virtue. Now we are not so visionary as to say, that a colony of free blacks from America would work such a change; but we do say, that the planting of such a colony is a first step, which may open a train of causes leading to these ends. And to set the thing in a stronger light, it may be added with perfect confidence, that without some such beginning, there seems not the remotest probability of the chains of servitude being broken by any human means, or of the cloud being removed, which buries a continent in its darkness.

From the last Report of the Society, and the intelligence brought home by the agent, who has recently returned from Africa, it appears that the colony at Liberia has enjoyed, up to the present time, a degree of prosperity quite equal to the anticipations of its ardent patrons. In fact, experience has already confuted the most formidable objections at first urged against colonisation. It was insisted, that colonists could not be induced to embark, whereas the voluntary applications have greatly exceeded the number for which the society could provide. Next it was urged, that the expense of transportation would be so heavy, that it could never be met except in a very limited extent; but this item has been proved to be much less than was apprehended, and when the colony shall be so far advanced as to afford profitable return cargoes, it will be reduced to a comparatively insignificant amount. Again, the climate was set forth as destructive of life and health. This is no doubt true to a certain degree, when considered in relation to the climate of northern latitudes, but, except in one or two instances of a very peculiar nature, it does not appear that the colonists have suffered more from sickness, than is common in tropical regions under similar circumstances. Then we are told of the savage and hostile character of the natives, and of their cruel and exterminating wars. The event of a slight conflict has shown this fear to have been groundless, and has inspired the colonists with confidence, by demonstrating the comparative weakness of their neighbors. Lastly, it was VOL. XX.-No. 46.

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said, that the British settlements would regard with no favorable eye a colony, subject to a foreign power, rising up near them; but so far from any such jealousy, the government at Sierre Leone, and the British cruisers on the coast, have on several occasions rendered essential aids to the American emigrants. Thus have been confuted, in the progress of events, all the main objections originally advanced against the plan and purposes of the society.

At the close of a full examination of this subject, in our Forty Second Number, we suggested the expediency of establishing a school, or schools, in this country, under the auspices of the Colonisation Society, for the purpose of instructing the children of free people of color, and giving them an education suited to their future condition as colonists in Africa. We are happy to find, that a scheme of this sort is now in contemplation, and to have it in our power here to insert a letter, recently written by General Harper to the Rev. Dr Woods, of Andover, in which the designs of the society in regard to the school are fully developed. The document is published with the approbation of both these gentlemen, and is the more valuable, as exhibiting from the highest authority the present state of the colony.

'I had an interview with Dr Ayres soon after his visit to the eastern states and New York,' says General Harper to Dr Woods, in which he informed me of various conversa tions which he had there, on the subject of a plan for the education of young people of color, as a preparation for their ernigration to some other country, where they may enjoy the real advantages of freedom and civilisation. He mentioned you as one of the persons, who have thought much on this subject, and were engaged or disposed to engage actively in prosecuting so benevolent and patriotic an enterprise. As both he and I long had it much at heart, and are now employed in devising means for its accomplishment, he was of opinion that some good might be derived from a full communication of our views to you, which he strongly urged me to make; assuring me that it would be well received, and might lay the foundation for a concert of measures and union of means, from which the most beneficial results might be anticipated. In this hope I have taken the liberty to address you.