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to perform it, should rely on his own knowledge and judgment. The magistrate to whom is entrusted an extensive civil and criminal jurisdiction-which there seems to be an inclination to increase would with an ill grace allege ignorance of the law as a justification for any violation of the rights of his fellow-citizens.

The juror who, in criminal cases, is authorised to decide both the law and the fact, can hardly deem himself safely discharged of his oath, unless possessed of sufficient legal knowledge to convince him, that he has not been misled by error from the bench, or deceived by the dexterity or artifice of counsel.

The arbitrator, who performs the office both of judge and juror, though he can rarely obtain all the knowledge requisite for an accurate performance of the duty, yet may, by a very little legal study, be convinced of the danger of mixing his notions of particular justice, with those general rules which the welfare of society requires to be adopted.

The legislator will, most uselessly, occupy himself in making new laws, unless instructed in the evils which former laws tolerated, and the rules by which the remedies he proposes, must be expounded and limited.

And the chief magistrate who is responsible for the execution of the laws, will enforce or protect the rights of the people but feebly, unless instructed both to understand and respect the rules, which have been instituted for their liberty and safety.

While such are the advantages, and indeed the necessity of extending our system of public education to legal studies, the considerations which show the propriety of establishing them in this city and University, are weighty and numerous.

It will be admitted, that in every, well regulated society, there are certain influences which are essential to freedom, as they serve to support opposition to usurpation; and necessary to government, as they serve as pillars to authority-and that among these, those of commerce and learning are most beneficial in their just exercise, and most harmless in their undue operation.

In this State, however, where property is very equal in its distribution, where the people are scattered over a large surface, and where being mainly agricultural, the independence of their mode of life may be opposed to the higher degrees of polish and refinement, is there not danger that the natural power of these influences may be too much diminished.

To communicate to them the energy, which their beneficial exercise requires, is it not necessary that they should be connected with each other? And can this be effectually accomplished unless seats of learning are not only established, but rendered prosperous and distinguished, in the only commercial town of the commonwealth. If there are those who conceive that the dissipation of a large town may be unfavourable to the morals, or in our climate, its heat prejudicial to the health of boys, it is obvious that these objections are not applicable in the nearer approach to manhood,

and that as their manners may be improved, and their knowledge extended by society, the town, at this season of life, is a proper place for their education. It being presumeable too, that at this period, they have gone through the course of tutor discipline, the lecture system, in all the branches of science, is that which is peculiarly adapted to them. In medical studies this system has accordingly rendered our University signally illustrious. And how great may be the advantages, at some future period, and under abler auspices than mine, of making it equally celebrated for legal inquiries.

ART. II.-The Backwoodsman.-A Poem, by J. K. Paulding, Philadelphia, 1818.

"WE HEREVER the freedom of the press exists, (says a celebrated writer*) I must assert that literature, well or ill conducted, is the great engine by which I am persuaded all civilized states must ultimately be supported or overthrown.' If this assertion be correct, with regard to the monarchies of Europe, it is entitled to the most serious consideration in a republic like the United States. Public opinion, which exerts an influence even over the most despotic forms of government, is all powerful in this country, and this great agent is operated on in modern times chiefly by means of the press. The sober and rational influence of books has succeeded to the popular orations of the ancient republics, and exercises a sovereignty vastly more powerful, because more extended and more permanent in its effects. It must be evident, therefore, that it is an object of primary concern to keep the springs by which the great stream of public opinion is fed, as pure as possible, and to discourage the circulation of books whose objects are unfavourable to the political or moral interests of society; not on account of their influence upon the men of a republic merely, but from their impressions upon those who are destined to take their places on the political stage. The effects produced upon the mind in early life by a course of reading are not easily effaced, and are often visible in the conduct of an individual in after years. Let the case be supposed of a civilized people, without a national literature of their own, without any great works in history, poetry, or the fine arts, but who are in the daily practice of perusing books in which the constitution, the laws and the history of a foreign nation are the theme of praise and admiration, and it will be conceded, that under such circumstances, they will probably be deficient in national character and national feelings, if not animated by sentiments of attachment to other countries. The love of country may exist, as we know by experience that it has existed, among the most rude and unenlightened nations, but with them it is merely an instinctive preference for their habitual residence and the home of their ancestors. The affection of a civilized people for their coun

*The Author of the Pursuits of Literature.

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try is founded on higher considerations, and differs from the mere animal love of our birth place exactly as the attachment of a sensible man to an educated and accomplished woman, differs from the passion of the Turk for her who occupies his seraglio, or produces his children. It is created by a knowledge of and sensibility to the excellence of its form of government, to the virtues of its citizens, and the exploits of its great men, and is aided by that feeling of good will which all men possess for their native land. But if no pains are taken to foster this love of country, by setting before the eyes of its inhabitants the lovely and respectable features of its institutions, or if their contemplation is habitually directed to the institutions of other nations, their patriotism will be at best a cold and sluggish one, and such as will never excite them to extraordinary exertion in support of the rights or liberties of their own country. In many respects this is, or rather was, the situation of the United States. Possessing scarcely any literature peculiar to themselves or relating to their own concerns, their reading has been confined almost exclusively to books of British production. The nationality of the English has led them to exalt the virtues and glory of their own country, and the excellence of their form of government, at the expense of every other, and their patriotism has been supported by the aid of some of the finest eloquence and most beautiful poetry that any country has produced. The consequence of participating with them in their literature, has been, to lead us insensibly to a kind of fellow feeling with them in their love of England, while our attachments to our own country have lain comparatively dull and torpid. For, we may ask, who is there among us who has not felt warmer feelings towards Great Britain, after reading the beautiful nationalities of Cowper and Scott, or been sensible of a bias towards the English constitution, from the eloquent praises of it with which English books are filled? The superiority of British institutions has been taught us in our schools, is inculcated in our books of jurisprudence and ethics, and is frequently the theme of our most admired sermons, as well as our most popular poetry. From this potent influence of literature, it has so happened that many of the people of this country were actually better acquainted with the history, constitution and geography of Great Britain, than with those of America, and partly from this cause it has happened that we have been for a long time miserably deficient in national feelings. Our heroes have been chiefly English, and it may be questioned whether some part of our attachment to Him who alone has been able to gain the undivided affections of his countrymen, may not have arisen from the eulogies of English orators and poets.

Whatever therefore has a tendency to direct the public attention to the beautiful forms of our own institutions and polity, and thereby to awaken the flame of patriotism which has always burned brightest in the atmosphere of a republic, ought we think seduously

to be encouraged. Take it for all in all, our country need fear no critical comparison with any other. We have reason to be proud of our constitution, our laws and our history, and to rejoice in the virtues and comforts of our people. To these, as well as to the sublime and delightful features of our landscape, we have long wished to call the attention of our poets. We have characters of moral excellence in our annals, which would bear a scrutiny with and sound as well in immortal rhyme' as the

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Regulum et Scauros, animæ que magnæ 'Prodigum Paulum,'

of Horace, or the Alfreds, Hampdens, or Sidneys of Thomson. Poetry, however trifling its pursuits may appear to the votary of the physical sciences, possesses a great and durable influence over mankind. It is read and remembered by all classes of society, it may refine the taste and exalt the imagination, and when properly employed in celebrating distinguished excellence, it cannot fail to excite in the mind the ambition to imitate great models, without which no great character can be formed.

Ut cunque ferent ea facta minores

Vincet amor patriæ, laudumque immensa cupido."

It is therefore with more than ordinary feelings of pleasure that we have read the work before us. It is a poem on American subjects, written by an American who loves his country, justly appreciates the superiority of her moral and political institutions, and has a heart to feel and a pen to describe the matchless beauty of her scenery. It is written, too, generally, with good taste, as well as good sense, avoiding on the one hand the servile imitation of foreign and fashionable poets, which is the characteristic of too many of our versifiers, and on the other hand, the equally absurd attempts at originality of language, by which the epic of Mr. Barlow was distinguished. Mr. Paulding is already well known to the public as the author of several prose writings, the principal object of which was to exalt the national character, and to vindicate its reputation from the foul slander of European libellers. The success his works have met with, and the popular estimation in which he is held throughout the United States, are a proof as well of his talents and ability, as of the disposition of the community to encourage the productions of their own writers.

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The story, which the author informs us in his preface, was merely assumed, as affording an easy and natural way of introducing a greater variety of scenery, as well as more diversity of character, is very brief and simple. Basil, an inhabitant of the banks of the Hudson, finding that with all his exertion he is barely able to maintain his growing family, and actuated by that love of independence which animates the people of this country in an uncommon degree, resolves to emigrate to the western country.' Accordingly, having made all things ready, and embarked their slender store of moveables in a covered cart, drawn by a sturdy

nag, they set off one fine morning in the spring for this promised land. They pass through Jersey and Pennsylvania to the Ohio, down which they sail till they reach the spot which is destined for their settlement. Here they go through the usual adventures and operations of new settlers, population increases around them, villages and towns spring up, and in process of time Basil becomes 'Judge, general, congressman; and half a score

Of goodly offices, and titles more

Reward his worth.'..

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And thus the mere story of Basil ends. The narration however forms but a small part of the book. The rest is occupied with descriptions of scenery, reflections upon the history and character of the people, and the three last cantos with a kind of digression upon Indian manners and hostility. To those who are acquainted with the former works of the author, it is unnecessary to say, that the sentiments are every where those of a sincere and ardent lover of his country, of one who looks down with contempt upon the crimes and baubles of kings and nobles, and who maintains the fitness of man for the enjoyment of freedom and happiness. But the talents of Mr. Paulding for poetical description, and his sensibility to the beautiful and tranquil forms of inanimate nature, as contrasted with the feverish anxiety, the bustle and strife of intelligent beings, make the descriptive part of the book no less interesting, to those whose untravelled taste' can admire the beautiful scenery of this delightful country.

In the first canto we are introduced to the acquaintance of the hero of the poem, and the reasons which lead to his change of residence are stated. Among these we find prominent the love of independence, which the poet has apostrophized in a beautiful

manner.

O! Independence! man's bright mental sun,
With blood and tears by our brave country won,
Parent of all, high mettled man adorns,

The nerve of steel, the soul that meanness scorns,
The mounting wind that spurns the tyrant's sway,
The eagle eye that mocks the God of day,

Turns on the lordly upstart scorn for scorn,

And drops its lid to none of woman born!

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With blood, and tears, and hardships thou wert bought,
Yet rich the blessings thy bright sway has wrought;
Hence comes it that a gallant spirit reigns
Unknown among old Europe's hapless swains,
Who slaves to some proud lord, himself a slave,
From sire to son from cradle to the grave,
From race to race, more dull and servile grow,
Until at last they nothing feel or know.
Hence comes it, that our meanest farmer's boy
Aspires to taste the proud and manly joy
That springs from holding in his own dear right
The land he plows, the home he seeks at night;

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