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2dly. If the judgment is erro court of common pleas ought then neous in this respect, this court is to have made their judgment concompetent to set it right by revers formable to the report in this case. ing so much of it as is erroneous, Not having done so, the judgment viz. three fourths of the full costs : is erroneous. It can however be which last being 30 dols. 25 cents, set right, without a reversal in toto, the most that the plaintiff in error and the error being in matter of is entitled to recover is 22 dols. 76 law only, this must be done withCents, 1. Str. 188; and
out costs. 3dly. That this being an error SEDGWICK, J. The report in in matter of law only, the plaintiff this case expressly limited the costs in error was not entitled to costs to be recovered by the plaintiff to upon the writ of error.
one fourth part of the legal costs Bigelow, in reply, cited from of the suit. That report was ac"an act prescribing the forms of cepted by the court, and yet judgwrits," &c. passed Oct. 30, 1784, ment was rendered for the whole Sect.9,"in allactions as well those of the legal costs. Is this error ? of qui tam as others, the party pre I am most clearly satisfied that it vailing shall be entitled to his le is. On a general submission of all gal costs against the other.” And demands, as was the case here, he contended that writs of error nothing relative to costs is specifiwere within this provision.
cally submitted ; but in practice PARKER, J. I am very clear referrees have uniformly awarded that this judgment is erroneous. respecting them, sometimes for the A submission of all demands be- whole, sometimes for part, and tween the parties was a submission sometimes for none; and this pracof the question of the costs of the tice has been sanctioned by the suit. if it were not so, the prac- court. The statute gives no extice has uniformly prevailed, and press authority to the referrees for been acquiesced in. In some ca this purpose, but it clearly supposes ses referrees award a large sum in such authority to exist. The redamages, and yet determine that ferrees, then, having had authority the party, in whose favour they to make this part of their report, make their award, shall recover the party ought to have taken bis no costs. The practice having judgment, accordingly, for the one thus obtained, I think that the re fourth part of the costs, and not ferrees did not exceed their au- having done so, but the judgment thority, and that the court below, having been rendered for the whole having accepted the report, ought legal costs, is for that reason erroto have conformed their judgment neous. to it. I am therefore of opinion Where part of a judgment can that the judgment of the common be reversed, and the rest remain, pleas should be reversed in part, it is competent for this court to set viz. for the amount of three fourths it right. The error here being in of the costs allowed : and that the matter of law, there can be no plaintiff in error is not entitled to costs on the writ of error. his costs in this process, the error PARSONS, C. J. The report being entirely in matter of law. having been accepted by the court
SĚWALL, J. The correctness below, they ought to have pursued of the judgment brought into ques- it in rendering their judgment, untion by this writ of error depends less this part of the report can be on the authority of the referrees to rejected as surplusage. But if, by make their award respecting the the terms of the submission, the costs. Without looking into Eng- referrees had jurisdiction of the lish authorities, it is sufficient that question of costs, their award conthe practice here has been constant cerning them is not to be rejected. and uniform, and has been recog- This practice is of so long standnized by the legislature. The ing that it cannot now be shaken,
if we were so disposed. But the 1. with a large map of the counpractice may be considered as
try,&c. Translated by an Amerbeneficial. There may be reasons, ican gentleman. 8vo. vol. 1 pp. respecting the allowance of costs, which in the minds of referrees
248. New-York, Riley & Co. would very properly have weight,
and Brisban & Brannan. although they could not be admitted in a court of law. It may appear
This work is very interesting to to them, that a creditor has unduly the American publick. Our comharrassed his debtor for a trilling mercial connexions with some of demand, or has brought his action the Spanish dominions, though ilbefore the cause of action had ac
licit, have been profitable to us, crued. Many other reasons may be conceived. It was therefore
and favoured by the colonists : but both legal and expedient that these
we are always desirous of ascerreferrees should take the subject taining the secret springs of a maof costs into their consideration, chine, and therefore shall search and make their award concerning these volumes for a knowledge of them. The court having accepted the unhappy policy, that restrains' the report were bound by it, and
honourable traffick, and encourages ought to have followed it in rendering their judgment. There is
smuggling. In the state of this no doubt then that their judgment
particular division of the Spanish is erroneous. As the error extends
empire late events have corispired to part of the judgment only, it
with the intrinsick value of the must be reversed for that part, and country to engage us. Without will remain good for the rest. inquiring, whether the designs of
Let the judgment be reversed Miranda were known to our governfor three quarters of the costs : and as the error was of law, and ment, or whether he would have not of fact, the plaintiff in error is been successful, had he proceeded not entitled to costs.
directly to his place of destination,
before the Chevalier d’Yrujo could ART. 47
send advices of his projects, we A voyage to the eastern part of may wonder at the undertaking to
Terra Firma, or the Spanish establish a new empire with a force Main, in South America, during of eighty or a hundred undisciplinthe years 1801, 1802, 1803, and ed Americans. 1804. Containing a description The Introduction, translated by of the territory under the juris- Dr. Mitchill, is an abstract of the diction of the captain-general of author's work with an exposition Caraccas, composed of the prove of the defects of all other accounts inces of Venezuela, Maracaibo, of this country.
He begins : Varinas, Spanish Guiana, Cuma. · The work, which I offer to the na, and the island of Margaretta ; publick, has no other foundation and embracing every thing rela.
than truth, nor any ornament but tive to the discovery, conquest, that which is derived from correcttopography, legislation, commerce, ness. He then shews the abunfinance, inhabitants, and produc- dant productions of the colony, tions of the provinces, together which in the hands of an enterwith a view of the manners and prising people, might be increased customs of the Spaniards, and the a hundred fold. savage as well as civilized In
• This sketch, which is rather dians. By F. Depons, late agent below than above the truth, proves of the French government at Ca- that there are few regions to which
In three volumes. Vol. nature has been so lavish of her
favours, as to the one I am descri- and historians will take due advanbing. In the eyes, and in the esti
tage. mation of every reasonable man,
The first chapter contains the both Mexico and Peru lose by the history of the discovery of the comparison ; for as I have often had occasion to say, the mines
country ; its settlement by mis. which are daily becoming worse, sionaries ; their repeated expulare very far from insuring to the sion ; military expeditions ; contrade and navigation of the mother quest of the interior ; and foundacountry, so many advantages, as tions of cities. The first part is can be derived from those produc- too well known to be transcribed ; tions which each year will renew,
for who cannot trace the course of and which ages will but augment.'
P. x. Int.
Columbus, Ojeda, and Vespucius?
Over the latter we have hurried, The writer enjoyed the best op as over a field blasted by the fire portunities for acquiring the infor- of heaven ; for who is unwilling mation he details to us, and ex to forget the atrocities of the Spanplains the reason of the long igno- ish soldiery? The author blames rance, in which the world has res.
Las Casas, whom we have usually ted, not only upon this, but other esteemed the patriarch of the Inparts of the empire of Spain. dians, and the true apostle of the
How has it happened, that the divine religion he taught them. statistical account of a country so
The second chapter is geograrich, extensive, and near to Europe phical. as Terra Firma, is to this day so imperfect, while that of regions the
• The country which I have unmost distant and difficult of ap
dertaken to describe is the same proach, affords all the particulars
as that which forms the captainthat history can desire It is bes generalship of Caraccas. cause no 'nation repels with so prehends the province of Venezumuch vigour from its possessions ela in the centre, the government beyond the seas, every thing which of Maracaibo on the west, Guiana is not of its own blood or descent
on the south, the government of as the Spanish. No stranger can
Cumana on the east, and the island tread in the districts of the Spanish of Margaretta on the north-east.'
P. 50. possessions, especially on the American continent, far less become a
The description of the lake of resident in them, without an express permission from the king.
Maracaibo is very satisfactory. A This is very difficult to obtain, ex
remarkable account of a mine on cept for excursions which have no its borders may be worth extractother object than to enlarge the ing. domains of natural history. On • To the north-east of the lake, the other hand, the eastern part of in the most barren part of the borTerra Firma not working, any ders, and in a place called Mena, mines, no Spaniard has been found there is an inexhaustible stock of willing to devote his talents and
mineral pitch, which is the true his vigilance to the description of natural pessaphalte. (pix mona country, which the whole nation, tana.) When mixed with suet it greedy of mines, considers as but is used for graving vessels. an indifferent possession. P. xxi. The bituminous vapours which Following the introduction we
are exhaled from this mine are so find an excellent map, which has night phosphorick fires are contin
easily inflamed, that during the long been a desideratum. Of this ually seen, which in their effects We hope American geographers resemble lightning. It is remark
ed that they are more frequent in of an undeniable truth. It is obgreat heat, than in cool weather. served, that the boats which naviThey go by the name of the Lan- gate this lake, sail with rapidity tern of Maracaibo, because they from the borders to the centre, serve for a lighthouse and compass where the navigator runs the ris) to the Spaniards and Indians who, of some dangers, but to return to without the assistance of either, the borders requires more time and navigate the lake, and have no oth- trouble. What are we to conclude er object for observation but the from this fact, but that there exists sun during the day, and these fires at the bottom of the lake an aperat night. Nature seems purposely ture, by which the waters are conto have provided them for the pro- tinually discharged ? In this mantection and security of navigation.' ner it may be accounted for, why
P. 69. this lake has not increased in proPerhaps the lake of Valencia is in- has received. And this supposition,
portion to the volume of water it debted to the author's love of won whether true or false, might be asder, or ignorance of philosophy, signed as the cause of considerable for the phenomenon he describes. depression, which the waters of the
lake have experienced a few years · This lake is from East N. E. to since, and which still visibly conWest S. W. thirteen leagues and a
tinues. Were it possible to aughalf, and its greatest breadth four. ment the quantity of water disIt has an oblong form. It is at the charged by the subterraneous pasdistance of one league from Valen sage, the phenomenon would imcia, and situated in a valley sur mediately be explained. But withrounded with mountains, excepting out having recourse to any occult on the west, where it extends into cause, the reason of that rapid and the interiour part of the country.
continual diminution, is found in The waters of twenty rivers are the increased consumption which discharged into it without any vis- the inhabitants have made of the ible outlet. It is at about the dis- water of the rivers that are distance of six leagues from the sea, charged into the lake, in order to and the space which separates refresh their plantations. These them is filled with inaccessible waters diffused over a considerable mountains. It is the more difficult surface, evaporate, or become an to account for its having no visible elementary principle of vegetation passage for discharge, as it receives and are consequently lost to the rivers on all sides, which proves it general reservoir, which, as it reto' be a perfect basin. But, then, ceives less water, must necessarily how should it have remained the decrease. In proportion as the same without increase or diminu. lake diminishes it leaves uncovertion of water for so many ages! ed lands, lands to which the slime, would evaporation alone, great as composed of all sorts of substances, it may be between the tropicks, deposited for ages past, has imhave been adequate to the con- parted a prodigious fertility. This sumption of so great a quantity as new soil the cultivator fondly sethe rivers supply ? We must, lects for the application of his anxtherefore, suppose, not less out of ious cares and the exercise of his compliment to human sagacity, laborious industry. P.73, 4. than for the honour of natural philosophy, that there exists a subter If the reader has a proper noraneous passage, by which as great tion of evaporation beneath the as is received from the rivers. This tropicks, and remembers that these opinion, which I only offer as a con
twenty rivers are very small, so jecture, is supported by probabili- that the longest has hardly thirty ties, which give it the appearance miles.course, he need feel no anx
iety, as we did at first, lest the this place, is that the worms comneighbouring inhabitants may some mit greater ravages in the port of day be deprived of their lake by La Guira than in any other." P. 90. its instantaneous departure on its The description of the passage subterranean voyage by increased to leeward of Trinidad, called from outlets.
its difficulty the Dragon's mouth, In the account of the rivers we
is particular, and may be useful. are little interested. He says the
The gulf of Paria has Terra river Guigues is sixteen leagues Firma on the west, and Trinidad west of Coro. For west read east.
on the east. From these two lands, Of the ports we learn, that Porto on the north, two points jut out, be. Cabello, usually called by us Porto tween which are two* islands, lyBello, is the finest harbour in A- ing, with regard to these two points, merica, and La Guira one of the due east and west, so as to close
the gulf on the north, leaving, how. worst.
ever, a sufficient space between
them to form four openings, cailed • The port of La Guira is more the mouths of the Dragon, by which frequented than any other upon the it discharges the superfluous waters. coast, and, at the same time, the The largest, being two leagues least deserving of such a prefer- broad, is that on the west between ence. Its road is always so open Point Paria of Terra Firma and to the breeze, that the sea there is the island of Chacachacares ; on kept in a state of continual agita- the west it is interspersed with tion, and the violence of the winds rocks ; but as they are all visible, frequently occasions damage to the and may be approached without ships which ride at anchor. The danger, the navigator can easily surge is very prevalent here, which keep clear of them. This is not the joined with the winds, contributes
case with a rock, which just emergreatly to augment the inconveni
from the surface at two cables ences of this port. The depth of length from the island of Chacawater does not exceed eight fathoms chacares ; its approach would be at the distance of one quarter of a
attended with some risk. Between league from the beach. The con- the last island and that of Navios tinual agitation of this road renders is a second mouth smaller than the loading and unloading tedious, ex- first, called the Vessels. Its chanpensive, and difficult ; sometimes nel lying from N. to S. E. renders it even impossible. But that is not
very good for the going out, but the only objection that can be made very bad for the entrance of ships. to it; the surge acts with the same The third is formed by the isle violence at the bottom, as on the of Navios on the W. and that of surface of the water : by which Monas on the E. It is called agitation the sand being stirred up the mouth of Huevos (Egg'sand raised from the bottom is car
Mouth). Its direction is from N. ried along by the current, and de- N. E. to S. S. E. It is much more posited upon the anchors, till they convenient to enter than to go out. are in a short time so deeply buried The fourth is between that island under it, that before the expiration and the point that is most to the of a month, it is impossible to hoist w..w.t of the island of Trinidad. them ; they either break their ca. It is called the mouth de Los Mobles, or are under the necessity of
nos, (Monkey':-Mouth) without cutting them. To avoid the cer
doubt, because it is narrower, and tain loss which would thus be in
more difficult, on account of a curred, every vessel is obliged to rock in the middle of it, which, hoist anchor once every eight days. from its position, occasions a conAll that is necessary to be added to tinual commotion, at the same time the sketch I have already given of
* It should be three. + W. N. W.