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Palmyra's palaces forlorn,

And like descending clouds, in storms, Unveiling in his rays.

Lour round the mountain's head. The Spirits of the desert dwell, O'er the wide champaign as they pass,

Where eastern grandeur shone ; Their footsteps yield no sound, And vultures scream, hyænas yell, Nor shake from the light trembling grass

Where Beauty held her throne. A dew-drop to the ground. In wild magnificent decay

Among their undistinguish'd hosts, The palsied fabricks frown,

With transport, i behold For storms have rent their strength a Awful, sublime, terrifick ghosts, way,

- Heroes and kings of old :Till breezes rock them down.

Tyrants, the comets of mankind, Therè oft the pilgrim, as he stands, Whose blighting influence ran Sees, from the broken wall,

Through all the Eden of the mind, The shadow tottering on the sands, And smote, and mildew'd man :Ere the loose fragment fall.

Sages, the Pleiades of earth, Destruction joys, amid those scenes, Whose genial aspects smiled, To watch the sport of Fate,

And flowers and fruitage sprang to birth While Time between the pillars leang O'er all the human wild. And bows them with his weight.

Yon gloomy ruffian, gash'd and gor'd, But towers and temples,crush'd by time, Was he, whose care and skill

Stupendous wrecks ! appear First beat the ploughshare to a sword, To me less mournfully sublime,

And taught the art to kill. Than the poor Molehill here.

Behind him skulks a shade, bereft Thro'all this hillock's crumbling mould, Of fondly-worshipt fame :

Once the warm life-blood ran : He built the pyramids,-yet left -Man! thy own ruins here behold! No stone to tell his name ! Behold thy ruins, Man!

But who is he, with visage dark Methinks the dust yet heaves with As tempests when they roar ? breath ;

-The first who push'd his daring bark I feel the pulses beat :

Beyond the coward shore.
O in this little hill of death,
How many mortals meet!

Through storms of death, and seas of

graves, By wafting winds, and flooding rains, He steer'd with steadfast eye ; From ocean, earth, and sky,

His path was on the desert waves,
Collected here, the frail remains

His compass in the sky.
Of slumbering millions lie.
O that the Muse's eye might trace

That youth, who lifts his graceful hand,

First smote the marble block, Each atom's former state,

And Beauty leap'd, at his command, Or pierce the Spirit's hiding place,

A Venus from the rock.
To scan its future fate !
Ah me !—the light of heaven decays,

Trembling with ecstacy of thought, And through the closing night,

Behold the Grecian maid, The visions of departed days

Whom love's enchanting impulse taught Gleam on my opening sight.

To trace a slumberer's shade. All ages, and all nations, rise ;

Sweet are the thefts of love, For every grain of earth

She stole his image while he lay, Beneath my feet, before mine eyes,

Kindled the shadow to a soul, Is startled into birth.

And breathed that soul through clay.* Where late the humble Molehill stood, A mighty army stands,

* The daughter of a potter at Corinth From years beyond and since the flood, pencilled out the shade of her lover on the From nigh and stranger lands.

wall, by candle-light, while he slept, which

her father filled up with clay, and baked Like rising mists, the shadowy forms the image in his furnace ; thus producing O'er the deep valley spread,

the first rude portrait of the human face. Vol. IV. No. 8. 3G

Yon list’ning nymph, who looks behind, What theme, what laurel, might the
With countenance of fire,

Muse
Heard midnight musick in the wind, Reclaim from ages fled ?
And framed th' Æolian tyre.

What realm-restoring Hero chuse

To summon from the dead?
All bail!--the Sire of Song appears,
The Muse's eldest born,

Yonder his shadow flits away :
The Sky-lark in the dawn of years,

-Thou shalt not yet depart; The Poet of the morn.

Stay, thou transcendent spirit! stay,

And tell me who thou art.
He from the depth of cavern'd woods,
That echoed to his voice,

'Tis ALFRED !- In the rolls of fame, Bade mountains,valljes,rocks,and floods,

And on a midnight page, And heaven and earth, rejoice.

Blazes his broad refulgent name;

The watch-light of his age! Charm'd into meekness, while he sung,

A Danish winter, from the north, The wild beasts round him ran;

Howl'd o'er the British wild ; But O the triumph of his tongue !

But Alfred, like the spring, brake forth, --It tamed the heart of man.

And all the desert smiled.
Dim through the midst of twilighttimes, Back to the deep he rolPd the waves
The ghost of Cyrus walks ;

By mad invasion hurl'd;
And yonder, red with glorious crimes, His voice was liberty to slaves !
Stern Alexander stalks.

Defiance to the world!
Here Hannibal, in all the pride

And still that voice, o’er land and sea Of scowling hatred lours ;

Shall Albion's foes appal ; There Cæsar,Brutus at his side, The race of Alfred will be free : In fiery grandeur towers.

-Hear it,--and tremble, ---Gaul! With moon-light softness, Helen's

But lo! the phantoms fade in flight, charms

Like fears that cross the mind, Break through the spectred gloom ;

Like drowning seaman's shrieks, by The Cynosure of Greece in arms,

night, That blaz'd o'er Ilion's tomb.

That faint along the wind.

They were,-they are not,mall is past: But Homer,-see the bard arise !

-Tell me, but who can tell And hark! he strikes the lyre ; In what mysterious regions cast, The Dardan warriors lift their eyes,

Immortal spirits dwell ? The Grecian chiefs respire.

I know not, but I soon shall know, And while his musick rolls along, When life and suffering cease ; The towers of Troy sublime,

When this desponding heart lies low, Rais'd by the magick breath of song, And I shall rest in peace. Mock the destroyer, Time.

For see, on death's bewildering wave, For still around th' eternal walls

The rainbow, Hope, arise ; The storms of battle rage,

- A bridge of glory o'er the grave, And Hector conquers, Hector falls, That bends beyond the skies. : Bewept in every age.

From earth to heavenit swells,and shines Genius of Homer, were it mine

A pledge of bliss to man,To track thy fiery car,

Time with eternity combines, And in thy sunset course to shine And grasps them in a span. A radiant ev'ning star;

Sheffield, England, May 2, 1806.

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Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, quae

eximenda, arbitrarer. Nam ego dicere vero assuevi. Neque ulli patientius re: prehenduntur, quam qui maxime laudari merentur. Plin.

ARTICLE 46.

ceded them. With the exception of

a few, and among these should cerReports of cases argued and deter. tainly be named the commentaries

mined in the Supreme Judicial of Plowden, and the Reports of Court of the Commonwealth of Dyer, Coke, and Saunders, the anMassachusetts, during the year cient reporters are generally ob1806. By Dudley Atkins Tyng, scure in their method, and frequentesq. counsellor at law. New- ly inaccurate in their statements and buryport, E. M. Blunt. pp. 268. language. Loose notes from the

paper books of eminent judges, Reports of judicial decisions, or hasty sketches from the briefs when accurately made, are instruc- of eminent counsel have too often tive to the general reader, and of been crowded into the publick view the highest utility to the profese with all their imperfections on sional advocate. In all countries their head, and added to the persuch decisions are examined with plexities and the doubts of succeedpublick interest, and in those, where ing ages. We can hardly be courts promulgate the binding law deemed severe, if with Mr. Jusof the land, unalterable except by tice Buller*, we include in this the legislature, they have obtain number the collections under the ed peculiar reverence. In a free name of Comberbach and Noy. government, where the life, liberty, It has therefore been with pride and property of every person is sub- and pleasure, that in the volumes ject to the control of the laws, and of Burrow, Cowper, Douglas, of the laws only, their security re. Henry Blackstone, and the Term quires, that tribunals of justice Reports, we have seen the modern should not only be enlightened adjudged cases presented in a suce and impartial, but should be so cinct and authentick form in nearly deemed in the publick opinion. a continuous series of the variNothing can be better, calculated' ous methods, adopted by them, to enforce such a belief, than a' each has its advantages and its de. correct detail of their proceedings. fects ; but we feel ourselves com

Within the last half century a pelled to prefer that, which unites variety of reports of decisions, in brevity with precision and clearness. the superior courts of Great Brit. The multiplicity of modern law ain have been published, which in authenticity and accuracy are un In Bishop of London o. Fytebe doubtedly far aboye those whieb pre Dom. Proc. 1783.

books makes it desirable to reach highly creditable to himself, and the point decided with as little un: we believe, satisfactory to the pronecessary labour, as possible. fession. It was to be expected,

The United States have, until that the embarassments of a first within a few years, trusted to tra- attempt under a system not perdition the reasons of their judicial fectly organized for the pursose, decisions. But with wealth and would occasion some errours, commerce, and with more enlarg, which a more distinct separation ed views of jurisprudence it be- of law and fact would correct, and came obvious, that the exposition some decisions, which a more nice of our statutes, and the validity of discrimination between nisi prius our customs should rest upon a and bank duties, would not indulge more secure basis, than the me in regular reports. But in time the mory of man, or the silent influ- novelty of the undertaking would ence of unquestioned usage. Ac wear away ; and familiarity would cordingly, reports have been pub- render a technical language and lished in many states, and of these manner, of equal ease here as in among

the best are Dallas, the arguments and judgments of Cranch, Caines,and Johnson. On Westminster hall. We considerthe merits of these we are noted therefore the Reports of Mr. now called to decide ; but the pe- Williams as entitled to a candid exrusal of some of them. induces amination ; and though not perfect us to suggest, that the insertion of in method, yet leading, and honthe elaborate arguments of coun- ourably leading the way to more sel at full length is neither useful exact and more erudite labours. nor necessary, An abstract of The gradual improvements, the principal points, and a sum which we anticipated, appear in mary view of the leading argu- the volume of his successor, ments, urged in their support, whose modesty has asked indulcomport best with the design of gence for errours and defects, publications of this nature. It which, if they exist at all, are neiadds no inconsiderable weight to ther numerous nor material. In this suggestion, that the price of his preface he says ; · Errours and law-books has already become a defects of another class will occur serious burthen to the profession.* to the learned reader. To the

We have heretofore had occa candour of such the Reporter besion to potice a volume of Reports lieves, that besides the novelty of of the Supreme Judical Court of the employment to him, several this Commonwealth ; and we an other circumstances will suggest nounce with pleasure the present, themselves as forming some exas a continuation under the patron cuse for such errours and defects.' age of the legislature. Mr. Tyng, The method, which Mr. Tyng who has succeeded Mr. Williams has adopted, meets our entire apin the office of Reporter, offers to probation. It states the reasoning the publick, in this first part, the of counsel concisely, yet clearly, decisions of the year 1806; and and the opinions of the court fully, has executed the task in a manner and, as far as our knowledge ex

tends from our own notes, very ac* Dallas and Cranch are particularly curately. The points of the faulty in this respect, though we feel no disposition to depreciate their

cause, stripped of extraneous cir.

gen. eral merit. Johnson is particularly cumstances, are generally presentvaluable,

ed in a space, which is unexcep

tionable. The style is simple, but tor of chances, or which had the appropriate ; and the judicious most cunning of the two. There arrangement of the scholar and would be but one step of degradathe lawyer is every where visible. tion below this, which is, that the

The volume contains a consider- judges should be the stakeholders able number of cases, some of lo- of the parties.' cal, and many of general interest. In the Commonwealth v. AnIt is not our design to enter into a drews (page 14), the court decidminute review of them, either as ed, that where goods are stolen in it respects their juridical sound- another state, and received in this, ness, or their relative importance. as such, the party so receiving is It is not for us to question the liable to indictment at common judgments of the supreme tribunal law, as a receiver of stolen goods. of the commonwealth, delivered The liberal spirit which dictated by judges of great personal and this decision upon principles tendprofessional respectability. They ing to cement the polity of the have pronounced and declared the Union, will meet, we trust, the atlaw of the land ; and from their tention of our sister states. characters and stations we should The case of Brooks v. Dorr and pot lightly doubt the authority of another (page 39), which decides, principles, which have been weigh- that a sailor is entitled to his wages, ed with care, and argued with so- notwithstanding a capture, in conlemnity. In the few remarks, sequence of which he is separated which we may hazard in respect from the vessel, if the vessel afterto any new cases, we beg to be un wards proceed and earn freight, is derstood, as less questioning the argued by the judges at great law, than suggesting difficulties of length, and with great ability. It our own, which are perhaps un has shaken the case of the Friends, founded.

Bell. 4 Rob. Adm. Rep. 143, which · The decision in the case of Am- had been previously questioned in ory v. Gilman (page 1), by which Beale v. Thompson, 4 East. Rep. the validity of a wager policy at 560. At the close of his opinion common law is here shaken, if not (page 50) an observation is dropdenied, is consonant in our opinion ped by the chief justice (Dana), with the dictates of sound morals which we fear we do not underand equity. It was a gratification stand. He says, “ It will be unto us to find the opinions of Mr. derstood, that no decision is made Justice Buller and Mr. Serjeant by this judgment, of a case, in Marshall on this subject supported which it should appear, that seaby all the weight of the bench. men had been hired to supply the Should the validity of wagers gen- place of the Pltff. within the time, erally ever come in question, we for which he demands wages. hope to hear pronounced in the That is not the present question, words of an enlightened judge* in and it will be time enough to dethis cause, . It would seem a dis- cide it, when it is regularly before graceful occupation of the courts the court.:-On recurrence to the of any country to sit in judgment state of facts it appears, that the between two gamblers, in order to captain actually hired other seadecide which was the best calcula- men to complete the voyage, and

during the time for which the Mr. Justice Parker, p. 6.

plaintiff claimed, and is allowed

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