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ART. XVI. A candid Review of the Facts in the Litigation between Peter Barfoot, Efq. and Richard Bargus and others, with the Bifhop of Winchester, concerning the Right of Fareham Quay; decided by the final Award of Robert Pope Blachford, Efq. of Ofborne in the Isle of Wight. 8vo. pp. 200. 4s. Boards. Green and Co. 1788.

IT

T is an advantage of no fmall importance in the proceedings of the courts of law, that decifions by a jury, if they do not afford complete fatisfaction to both parties, are feldom the fubjects of appeal to the public on the fcore of injuftice or partiality. Of determinations by arbitration, a mode fometimes recommended in preference, fo much cannot be faid; and the prefent work is an inftance of the truth of our obfervation. In widening the road at the town of Fareham, the commiffioners of the turnpike are here charged with taking in fome of the land of Mr. Barfoot, without giving him any fatisfaction. After fome negociations, that gentleman had recourfe to law for redrefs; and the judge before whom the matter in difpute was brought, unwilling that, by the event of a verdict, the public fhould lofe the benefit of the road, and defirous at the fame time that right fhould be done to all parties, recommended the matter in difpute to be referred to a gentleman whofe character, it is but juftice to remark, fome of the witneffes teftified on oath, food fo high in the county of Southampton, that they did not believe him capable of prejudice or partiality; but whofe award is here examined by the lofing party with great freedom, and cenfured with much afperity. To the public at large, the circumftances of this narrative will not be very interefting. The author's fentiments, however, on the value of trials by jury, are manly, and worthy of an Englishman; and, therefore, we think they ought to be univerfally known.

The following cafe [he fays] fhews the danger of fubmitting the decifion of hereditary right to the whim or caprice of any one perfon, however high in public efteem, or deep in ability. The legiflature have wifely provided against this evil by the establishment of juries; and I am convinced, that whoever feeks redrefs in a more fummary way, is not only an enemy to himself, but to the community at large, by encouraging a mode, not very confiftent with the fpirit of our laws, and in many cafes productive of fresh animofity and litigation.

Were it poffible to derive impartial juftice from the breast of one man, a verdict might with much more facility pafs from the judge, who has greatly the fuperiority of a jury in point of legal knowlege. But experience convinces us, that ftrict impartiality is not an ingredient of the human heart. Few men exift who are not the dupes of fome partial bias, which ftimulates their actions, and blinds their judgment. By this they form a favourite opinion of their own, and stedfaftly adhere to it, in fpite of reafon, of argument, or of facts.

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But when a matter is left to the determination of twelve indifferent perfons, this local prejudice lofes its effect. The caprice of one private opinion is balanced by that of another. Each man feels a diffidence of his own difcernment; he dreads the fhame of being detected in a partial defign, and readily embraces that one, uniform, deliberate opinion, which refults from the evidence immediately before them, and forms the pureft and most impartial adjudication that any human fyftems have yet been able to produce.

Reference to a fole arbitrator is precifely the fame as trying a caufe without a jury, and if the number of arbitrators be increafed to three or five, the objection ftill remains, fince one perfon eventually determines for the whole. To convince the public of the danger of trufting to arbitrations under any form, and to recommend them, upon every arduous occafion, to abide the iffue of a trial by their peers, is the object of the prefent publication.' Re-d.

MONTHLY

CATALOGUE,

For APRIL, 1789.

NEGRO-SLAVERY.

Art. 17. A fhort Essay on the Subject of Negroe-Slavery, with a particular Reference to the Ifland of Barbadoes.

By the Rev. H. E. Holder, of that Place. 8vo. PP. 45. Is. Dilly. 1788.

T

ESTIMONIES relative to this interefting and much contraverted fubject, on either fide of the great and leading question, delivered by perfons who draw their conclufions from experience, are entitled to our particular attention;-and fuch is the information communicated by the author of this moderate and judicious effay.

Mr. H. fets out with a general difcuffion of the nature and lawfulnefs of flavery; and he appeals to Scripture for proof that it is one of thofe gradations of rank and condition which God has been pleafed to establish in this world.' He then proceeds to fhew that the Negroes are actually flaves in their own country; and that their condition, in general, is not changed for the worse by their removal to the Weft Indies, &c. Hence, and from the importance of those islands to this country, he infers that the flave-trade should be tolerated; but he would have it carried on under certain limitations and reftrictions, calculated for the accommodation of the flaves, in their paffage from Africa. He next confiders the condition and treatment of the poor emigrants,' after their arrival in the Weft Indies; and he informs us, that within the last 20 years, they experience much more humanity and tenderness than was generally the cafe in preceding times: efpecially in Barbadoes, where the author was an eye-witnefs of their general treatment.-And, as much has been faid in regard to the Chriftian converfion of the Blacks, Mr. H. offers fome judicious remarks on this difficult and delicate topic. He feems almoft to defpair of any confiderable progrefs being made in that respect; but he would however try every proper means; and among others, he recommends Sunday Schools, as being likely to work

fome

fome gradual and beneficial effect.-His laft chapter treats on the manumiffion of the Negroe flaves; a measure which he feems to confider as vifionary, and impracticable; or, if attempted, as of ruinous tendency, both to the Blacks and to their masters; and totally fubverfive of our vaft intereft in the fugar colonies, &c.-For particulars, we must refer to the pamphlet.

Art. 18. Letters on Slavery, by William Dickfon, formerly private Secretary to the late Hon. Ed. Hay, Governor of Barbadoes. 8vo. 3s. 6d. Boards. Philips, &c. 1789.

Mr. Dickfon is a ftrenuous advocate for the gradual abolition of the African flave-trade. Indeed, he is an enemy to flavery, both in its confummately abfurd principle, and in its too general practice;' he pleads ftrongly for the natural equality of mankind; and he earneftly contends that the capacities of the Africans are by no means inferior to thofe of the Europeans. On this point, he seems to speak much from obfervation and experience; and he recites various inftances of the virtues of the Negroes, as well as of their abilities. In fhort, he seems to have been fo thoroughly convinced of their natu ral and indefeasible claim to the common privileges of mankind, and of the wickedness, injuftice, and cruelty of our depriving them of those natural rights, that he declares, for his own part, that when he had it in his power, during his refidence in Barbadoes, he never did enflave, or contribute to enslave, a fellow-creature.'-This, we conceive, must have been a rare inftance of confcientious adherence to PRINCIPLE, on this fubject, and in that part of the world; and it must be admitted as a proof of his fincerity, when he urges, as he' warmly does, the laudable motives of humanity and benevolence, in our conduct toward our fellow-creatures, of whatever country, or of whatever colour.

The ufual arguments in favour of the Weft Indian Negroe-flavery are here brought under confideration; and the fentiments of Meffrs. Ramfay, Clarkson, and other writers on the fubject, are appealed to, in aid of our author's fentiments. The principal publications on the other fide of the queftion are likewife, occafionally, alluded to; and there is every appearance of candour and fairness in Mr. Dickfon's manner of difcuffing the feveral points of argument that fall under his confideration.-But the most valuable parts of his performance are those which come recommended to us under the fanction of his own perfonal knowlege of facts; particularly with respect to the prefent ftate of flavery in the island of Barbadoes, which, allowing for fome local difference in circumftances, may, we imagine, be confidered as a fair fpecimen, with refpect to the ftate of flavery in the West Indies, in general.

POLITICA L.

Art. 19. Free Thoughts on his Majefty's Recovery, and Refumption of the Royal Powers. 8vo. pp. 54. 1s. 6d. Kearsley.

The author, who will be ftyled, by people who think not as he thinks, a political croaker, apprehends great danger from what he terms, the premature refumption and exercife of the royal powers. He talks much of what may happen: of relapses, of his Majefty's

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going abroad; and of evils which, we truft, are not likely to befal us. He feems to dread the ambition and influence of Mr. Pitt.-Speaking of the late abortive Regency Bill, he prophecies that it would have proved, had it taken place, the most infamous precedent that ever difgraced the parliamentary records: alluding, we prefume, to the restrictions of the intended Regent.-But, however doleful and ill boding may be the train of thinking into which the author has fallen, he writes well; and does not appear to us merely in the light of a partizan of Oppofition; we would rather give him credit for intentions truly patriotic; and we cannot refufe our teftimony to his political abilities.

Art. 20. The Death and Diffection, Funeral Proceffion and Will of Mrs. REGENCY. With a Variety of New Characters, Burlesque Dirges, &c. &c. 8vo. pp. 55. 1s. 6d. Walter, Piccadilly, &c. 1789.

A laugh at the Party," on account of their difappointment, in confequence of his Majesty's recovery, and the mifcarriage of the Regency Bill. There is a good fhare of wit and fatire in this whimfical medley of jocular verfe and profe.

Art. 21. Political Reformation, on a large Scale: or a Plan of an Houfe of Commons. Being Plan the First, of a Series of Plans, comprehending a bleft Syftem of virtuous Policy, founded on the natural and Chriftian Principles of univerfal Equity, Benevolence, and Liberty. With an Addrefs to the People; containing Arguments in fupport of the Plan, and recommending the Establishment of Parochial Affociations, forming a National Convention for the Purpose of carrying it into Execution. To the whole is fubjoined a Word of Poftfcript refpecting Ireland. By Francis Stone, M. A. F. S. A. Rector of Cold-Norton, Effex. 8vo. Pp. 76. 28. Kearsley. 1789.

Following up the ideas of Major Cartwright, Sir William Jones, and other patriotic affertors of liberty, the prefent reformer ftands forth, the zealous advocate for annual parliaments, and the natural rights of reprefentation, election, &c. &c. and he ftands forth at this time becaufe (though he thinks no feafon improper for the great work of purifying our political conftitution) he has fome expectation that the premature death of a feptennial parliament is not very dif

tant.

His propofal confifts of twenty-one articles, of which we shall felet the first, fecond, fourth, eighth, ninth, eleventh, and thirteenth, as Sufficient to give our readers a general idea of the grand outline of his plan.

1. Let not men, who hold offices or emoluments, civil or judicial, mediately or immediately, from the crown, be at the fame time members of the House of Commons; and let every member cease to be fuch, on his acceptance of fuch office or emolument, and be declared incapable of re-election into the faid house, as long as he holds it.

2.

Let all men of 18 years of age, and upwards, Romanists, men of every denomination of religion, and as well aliens as natives, be invefted with the exercife of their natural right of fuffrage at the

election

election of members of the Houfe of Commons, thofe who hold offices or emoluments, civil or judicial, mediately or immediately, from the crown excepted.

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4. Let the kingdom be diftributed by a county divifion, into 558 diftricts, the amount of the members of the House of Commons; each district comprising as equal a number of electors as poffibleeach elector having but one vote, and each district choofing but one representative.

8. Let the election of the members of the Houfe of Commons be annual, or holden once in every year, and oftener, if need be.

9. Let the members of the House of Commons be entitled to receive a guinea per day each, from the conftituents of their refpective diftricts, to defray the expences of their perfonal attendance on their legislative duty.

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11. Let no man be permitted to offer himself a candidate to reprefent a district in the Houfe of Commons; let the nomination of candidates by the electors, and the practice of canvaffing the electors for their votes, both in perfon and by agency, be altogether abolished; and let the man who fhall be convicted of canvaffing, or influencing, in perfon or by agency, the electors in their votes, by threats, intreaties, promifes, or bribes, incur the penalty of the forfeiture of his rights of election and representation, for one year in the first inftance of tranfgreffion, for three years in the fecond, for fix years in the third, and fo on in a trinal arithmetic progreffion to perpetuity.

13. Let the general annual election be holden, in the 558 districts of Britain, on fome stated day in July; commence at fun-rife, and be finally closed at fun-fet of the fame day.'

Our author has a diftinct, explanatory chapter, confifting of arguments and reflections on the subject of each article; fhewing the conftitutional ground of each point of regulation, and obviating objections, &c.

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On this most important fubject, he writes with great earnestness and energy; but, fometimes, perhaps, with rather too great an appearance of heat, and too much in the ftrain of a declaimer. would not exclude all spirit and animation from propofals of this kind, addrefied to the public; but would not cool reasoning, aided by a thorough knowlege of the world as we find it, be more generally attended with conviction and fuccefs?-Mr. Stone is, however, himself fo thoroughly convinced of the utility, importance, and neceffity of his plan, or fome other of a fimilar kind, that he urges his propofed reformation in a tone of authority, and with expreflions of zeal, which cannot fail of impreffing the mind of every public fpirited reader: and we fcruple not to add, that, in our opinion, his work merits the ferious attention of the public.

His poftfcript, relating to Ireland, is founded on the news-paper accounts of a bill being brought into the Irish Houfe of Commons, for the exclufion of placemen and penfioners from their branch of the legiflature; which, he doubts not, will be carried through both houfes of their parliament, by incorrupt, independent majorities.Struck with this patriotic idea, he thus warmly apoftrophifes his brethren of Great Britain:

REV. April, 1789.

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