2dly. If the judgment is erroneous in this respect, this court is competent to set it right by reversing so much of it as is erroneous, viz. three fourths of the full costs: which last being 30 dols. 25 cents, the most that the plaintiff in error is entitled to recover is 22 dols. 76 cents, 1. Str. 188: and 3dly. That this being an error in matter of law only, the plaintiff in error was not entitled to costs upon the writ of error. Bigelow, in reply, cited from "an act prescribing the forms of writs," &c. passed Oct. 30, 1784, Sect. 9.-"in all actions as well those of qui tam as others, the party prevailing shall be entitled to his legal costs against the other." And he contended that writs of error were within this provision. PARKER, J. I am very clear that this judgment is erroneous. A submission of all demands between the parties was a submission of the question of the costs of the suit. If it were not so, the practice has uniformly prevailed, and been acquiesced in. In some cases referrees award a large sum in damages, and yet determine that the party, in whose favour they make their award, shall recover no costs. The practice having thus obtained, I think that the referrees did not exceed their authority, and that the court below, having accepted the report, ought to have conformed their judgment to it. I am therefore of opinion that the judgment of the common pleas should be reversed in part, viz. for the amount of three fourths of the costs allowed: and that the plaintiff in error is not entitled to his costs in this process, the error being entirely in matter of law. SEWALL, J. The correctness of the judgment brought into question by this writ of error depends on the authority of the referrees to make their award respecting the costs. Without looking into English authorities, it is sufficient that the practice here has been constant and uniform, and has been recognized by the legislature. The court of common pleas ought then to have made their judgment conformable to the report in this case. Not having done so, the judgment is erroneous. It can however be set right, without a reversal in toto, and the error being in matter of law only, this must be done with out costs. SEDGWICK, J. The report in this case expressly limited the costs to be recovered by the plaintiff to one fourth part of the legal costs of the suit. That report was accepted by the court, and yet judgment was rendered for the whole of the legal costs. Is this error? I am most clearly satisfied that it is. On a general submission of all demands, as was the case here, nothing relative to costs is specifically submitted; but in practice referrees have uniformly awarded respecting them, sometimes for the whole, sometimes for part, and sometimes for none; and this practice has been sanctioned by the court. The statute gives no express authority to the referrees for this purpose, but it clearly supposes such authority to exist. The referrees, then, having had authority to make this part of their report, the party ought to have taken his judgment, accordingly, for the one fourth part of the costs, and not having done so, but the judgment having been rendered for the whole legal costs, is for that reason erroneous. Where part of a judgment can be reversed, and the rest remain, it is competent for this court to set it right. The error here being in matter of law, there can be no costs on the writ of error. PARSONS, C. J. The report having been accepted by the court below, they ought to have pursued it in rendering their judgment, unless this part of the report can be rejected as surplusage. But if, by the terms of the submission, the referrees had jurisdiction of the question of costs, their award concerning them is not to be rejected. This practice is of so long standing that it cannot now be shaken, if we were so disposed. But the practice may be considered as beneficial. There may be reasons, respecting the allowance of costs, which in the minds of referrees would very properly have weight, although they could not be admitted in a court of law. It may appear to them, that a creditor has unduly harrassed his debtor for a trifling demand, or has brought his action before the cause of action had accrued. Many other reasons may be conceived. It was therefore both legal and expedient that these referrees should take the subject of costs into their consideration, and make their award concerning them. The court having accepted the report were bound by it, and ought to have followed it in rendering their judgment. There is no doubt then that their judgment is erroneous. As the error extends to part of the judgment only, it must be reversed for that part, and will remain good for the rest. Let the judgment be reversed for three quarters of the costs: and as the error was of law, and not of fact, the plaintiff in error is not entitled to costs. ART. 47. I. with a large map of the country,&c. Translated by an American gentleman. 8vo. vol. 1 pp. 248. New-York, Riley & Co. and Brisban & Brannan. THIS work is very interesting to the American publick. Our commercial connexions with some of the Spanish dominions, though illicit, have been profitable to us, and favoured by the colonists: but we are always desirous of ascertaining the secret springs of a machine, and therefore shall search these volumes for a knowledge of the unhappy policy, that restrains honourable traffick, and encourages smuggling. In the state of this particular division of the Spanish empire late events have conspired with the intrinsick value of the country to engage us. Without inquiring, whether the designs of Miranda were known to our government, or whether he would have been successful, had he proceeded directly to his place of destination, before the Chevalier d'Yrujo could send advices of his projects, we may wonder at the undertaking to establish a new empire with a force of eighty or a hundred undisciplin-ed Americans. The Introduction, translated by Dr. Mitchill, is an abstract of the author's work with an exposition of the defects of all other accounts of this country. He begins: A voyage to the eastern part of Terra Firma, or the Spanish Main, in South-America, during the years 1801, 1802, 1803, and 1804. Containing a description of the territory under the jurisdiction of the captain-general of Caraccas, composed of the provinces of Venezuela, Maracaibo, Varinas, Spanish Guiana, Cuma-The work, which I offer to the na, and the island of Margaretta; and embracing every thing relative to the discovery, conquest, topography, legislation, commerce, finance, inhabitants, and productions of the provinces, together with a view of the manners and customs of the Spaniards, and the savage as well as civilized Indians. By F. Depons, late agent of the French government at Caraccas. In three volumes. Vol. publick, has no other foundation than truth, nor any ornament but that which is derived from correctness.' He then shews the abundant productions of the colony, which in the hands of an enterprising people, might be increased a hundred fold. below than above the truth, proves This sketch, which is rather that there are few regions to which nature has been so lavish of her 1807.] Depons' Voyage. favours, as to the one I am describing. In the eyes, and in the estimation of every reasonable man, both Mexico and Peru lose by the comparison; for as I have often had occasion to say, the mines which are daily becoming worse, are very far from insuring to the trade and navigation of the mother country, so many advantages, as can be derived from those productions which each year will renew, and which ages will but augment.' P. x. Int. The writer enjoyed the best opportunities for acquiring the information he details to us, and explains the reason of the long ignorance, in which the world has rested, not only upon this, but other parts of the empire of Spain. How has it happened, that the statistical account of a country so rich, extensive, and near to Europe as Terra Firma, is to this day so imperfect, while that of regions the most distant and difficult of approach, affords all the particulars that history can desire? It is beno nation repels with so much vigour from its possessions beyond the seas, every thing which is not of its own blood or descent as the Spanish. No stranger can tread in the districts of the Spanish possessions, especially on the American continent, far less become a resident in them, without an ex cause press permission from the king Following the introduction we and historians will take due advan- The first chapter contains the history of the discovery of the sionaries their repeated expulcountry; its settlement by mission; military expeditions; conquest of the interior; and foundations of cities. The first part is too well known to be transcribed; for who cannot trace the course of Columbus, Ojeda, and Vespucius? Over the latter we have hurried, as over a field blasted by the fire of heaven; for who is unwilling to forget the atrocities of the Spanish soldiery? The author blames Las Casas, whom we have usually esteemed the patriarch of the Indians, and the true apostle of the The second chapter is geogradivine religion he taught them. phical. The country which I have undertaken to describe is the same as that which forms the captaingeneralship of Caraccas. It comprehends the province of Venezuof Maracaibo on the west, Guiana ela in the centre, the government on the south, the government of Cumana on the east, and the island of Margaretta on the north-east.' P. 50. The description of the lake of Maracaibo is very satisfactory. A remarkable account of a mine on its borders may be worth extracting. To the north-east of the lake, in the most barren part of the borders, and in a place called Mena, there is an inexhaustible stock of mineral pitch, which is the true natural pessaphalte. (pix montana.) When mixed with suet it is used for graving vessels. The bituminous vapours which are exhaled from this mine are so easily inflamed, that during the night phosphorick fires are continually seen, which in their effects resemble lightning. It is remark ed that they are more frequent in great heat, than in cool weather. They go by the name of the Lantern of Maracaibo, because they serve for a lighthouse and compass to the Spaniards and Indians who, without the assistance of either, navigate the lake, and have no other object for observation but the sun during the day, and these fires at night. Nature seems purposely to have provided them for the protection and security of navigation.' P. 69. Perhaps the lake of Valencia is indebted to the author's love of wonder, or ignorance of philosophy, for the phenomenon he describes. This lake is from East N. E. to West S. W. thirteen leagues and a half, and its greatest breadth four. It has an oblong form. It is at the distance of one league from Valencia, and situated in a valley sur-rounded with mountains, excepting on the west, where it extends into the interiour part of the country. The waters of twenty rivers are discharged into it without any visible outlet. It is at about the distance of six leagues from the sea, and the space which separates them is filled with inaccessible mountains. It is the more difficult to account for its having no visible passage for discharge, as it receives rivers on all sides, which proves it to be a perfect basin. But, then, how should it have remained the same without increase or diminution of water for so many ages? would evaporation alone, great as it may be between the tropicks, have been adequate to the consumption of so great a quantity as the rivers supply? We must, therefore, suppose, not less out of compliment to human sagacity, than for the honour of natural philosophy, that there exists a subterraneous passage, by which as great a quantity of water is discharged, as is received from the rivers. This opinion, which I only offer as a conjecture, is supported by probabilities, which give it the appearance' of an undeniable truth. It is observed, that the boats which navigate this lake, sail with rapidity from the borders to the centre, where the navigator runs the risk of some dangers, but to return to the borders requires more time and trouble. What are we to conclude from this fact, but that there exists at the bottom of the lake an aperture, by which the waters are continually discharged? In this manner it may be accounted for, why this lake has not increased in proportion to the volume of water it has received. And this supposition, whether true or false, might be assigned as the cause of considerable depression, which the waters of the lake have experienced a few years since, and which still visibly continues. Were it possible to augment the quantity of water discharged by the subterraneous passage, the phenomenon would immediately be explained. But without having recourse to any occult cause, the reason of that rapid and continual diminution, is found in the increased consumption which the inhabitants have made of the water of the rivers that are discharged into the lake, in order to refresh their plantations. These waters diffused over a considerable surface, evaporate, or become an elementary principle of vegetation and are consequently lost to the general reservoir, which, as it receives less water, must necessarily decrease. In proportion as the lake diminishes it leaves uncovered lands, lands to which the slime, composed of all sorts of substances, deposited for ages past, has imparted a prodigious fertility. This new soil the cultivator fondly selects for the application of his anxious cares and the exercise of his laborious industry. P.73, 4. If the reader has a proper notion of evaporation beneath the tropicks, and remembers that these twenty rivers are very small, so that the longest has hardly thirty miles course, he need feel no anx iety, as we did at first, lest the neighbouring inhabitants may some day be deprived of their lake by its instantaneous departure on its subterranean voyage by increased outlets. In the account of the rivers we are little interested. He says the river Guigues is sixteen leagues west of Coro. For west read east. Of the ports we learn, that Porto Cabello, usually called by us Porto Bello, is the finest harbour in America, and La Guira one of the worst. The port of La Guira is more frequented than any other upon the coast, and, at the same time, the least deserving of such a prefer ence. Its road is always so open to the breeze, that the sea there is kept in a state of continual agitation, and the violence of the winds frequently occasions damage to the ships which ride at anchor. The surge is very prevalent here, which joined with the winds, contributes greatly to augment the inconveniences of this port. The depth of water does not exceed eight fathoms at the distance of one quarter of a league from the beach. The continual agitation of this road renders loading and unloading tedious, expensive, and difficult; sometimes even impossible. But that is not the only objection that can be made to it; the surge acts with the same violence at the bottom, as on the surface of the water: by which agitation the sand being stirred up and raised from the bottom is carried along by the current, and deposited upon the anchors, till they are in a short time so deeply buried under it, that before the expiration of a month, it is impossible to hoist them; they either break their cables, or are under the necessity of cutting them. To avoid the certain loss which would thus be incurred, every vessel is obliged to hoist anchor once every eight days. All that is necessary to be added to the sketch I have already given of this place, is that the worms commit greater ravages in the port of La Guira than in any other. P. 90. The description of the passage to leeward of Trinidad, called from its difficulty the Dragon's mouth, is particular, and may be useful. The gulf of Paria has Terra Firma on the west, and Trinidad on the east. From these two lands, on the north, two points jut out, between which are two islands, lying, with regard to these two points, due east and west, so as to close the gulf on the north, leaving, however, a sufficient space between them to form four openings, cailed the mouths of the Dragon,by which it discharges the superfluous waters. The largest, being two leagues broad, is that on the west between Point Paria of Terra Firma and the island of Chacachacares; on the west it is interspersed with rocks; but as they are all visible, and may be approached without danger, the navigator can easily keep clear of them. This is not the case with a rock, which just emerges from the surface at two cables length from the island of Chacachacares; its approach would be attended with some risk. Between the last island and that of Navios is a second mouth smaller than the first, called the Vessels. Its channel lying from N. to S. E. renders it very good for the going out, but very bad for the entrance of ships. The third is formed by the isle of Navios on the W. and that of Monas on the E. It is called the mouth of Huevos (Egg'sMouth). Its direction is from N. N. E. to S. S. E. It is much more convenient to enter than to go out. The fourth is between that island and the point that is most to the W.S.W. of the island of Trinidad. It is called the mouth de Los Modoubt, because it is narrower, and nos, (Monkey's-Mouth) without more difficult, on account of a rock in the middle of it, which, from its position, occasions a continual commotion, at the same time |
