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up very early in the pursuit, and have happened, if we did not a had the greatest industry, as well mong ourselves communicate our as abilities, and in short was a sentiments with great freedom; consummate master of the profes- if we did not form our judgments síon. Yet he observes," it was without any prepossession to first not the practice of this great judge thoughts.” Too many of our juto give his opinion on a sudden ; dicial opinions are nothing but first but after mature consideration, and thoughts. after hearing all that could be said If the present volume of reports for and against the point in quese should be less esteemed in the othtion."*
er states, than those of Mr. Dallas, Judges, who do not avail them. we think it will not be on account selves of the " light and assistance" of any superiority of Mr. D. over of former precedents, will be often Mr. W. as a reporter: and we are found differing in opinion. In the very unwilling to admit that the course of nine months, and in the judges of Pennsylvania, and espetrial of little more than one hun- cially of the common pleas, (of dred causes, we have observed a which court there are some exceldifference of opinion on the bench lent decisions in Dallas) are men in no less than fifteen instances, of superiour abilities to the judges
In the King's Bench, during a of our supreme court. If the deperiod of thirteen years, every rule, cisions of the former should be order, julgment, and opinion was deemed superiour, it must be as. unanimous. This gave weight to cribed to the favourable advantages the decisions, certainty to the law, under which they were made. In and infinite satisfaction to the suit that state questions of law are prinors. How honourable to the law, cipally decided in Philadelphia, and and we may add, to the judges ! trials of fact and issues of law are They were all men of unquestion, not mixed up together as with us. able abilities, and some of them, as The mention of Dallas's reports Jawyers, not inferiour to lord Mans. reminds us of a hint to Mr. W. Geld bimself. But all were « long suggested by the perusal of the personally accustomed to the ju. volume before us. We have ob. dicial decisions of their predeces served in a few instances expreso sors ;" all felt themselves bound sions which it would have been well by them. No one thought him to have avoided, some of them per self at liberty to decide according culiar to New England. We have to his own private judgment, but ac- no doubt Mr. W. has taken pains £ording to the known laws and cus on this subject ; and we think the toms of the land.” This extraor work is, in this respect, more correct dinary unanimity affords the high- than any legal work yet published est evidence of their industry as in this state. Instead of summing well as candour. Lord Mansfield up to the jury, Mr. W. speaks of alluding to it, says, " it never could charging the jury ; for evidence
produced by the prosecutor, he If our judges have objections to the speaks of evidence produced by use of English authorities, there does not government ; for first count in the seem to be any reason why they should
indictment, in some instances, he not avail themselves of American. We do not recollect to have met with a sin
says, first charge in the indictment : gle quotation, either by the bench or at he uses, exceptions made, instead Die bar, from Sullivan's Land Titles. of taken, to a plea ; motion reject, ed, for motion did not prevail ; They cannot do all the good they holding a term of the court, for ses- ought ; but they will do much. sion ; letters of guardianship set The legislature must do the rest. aside, for revoked or annulled ; pass- We respectfully entreat that honing a decree, for making a decree. ourable body to consider the jus We imagine the foregoing expres- diciary as an object of much the sions will seldom be met with in greatest importance of any confie correct legal writings. But our ded to their care. We believe it great objection to this work, as far is in their power to lay the founas Vír. W. is responsible for it, is dation of a system of jurisprudence, its bulk. Its size is unreasonably which in a few years may even swelled by large type and large equal that of Great Britain. To margin. By expunging að unne- accomplish this, it is indispensable Cessary matter, compressing what that the trial of facts and law be ought to be compresscd, using a separated. The former should be type similar to that used in the in each county, and the latter iir London edition of Burrow's re- one, or, at most, in two or three ports, 2d edition, the work might stated places. There is, in the have been comprized within some- nature of things, no mare reason thing less than half its present why questions of law should be debulk. It might have been pub termined in each county, than that lished as the first part of volume the statutes should be framed and first, to the great saving of the enacted in each county. County purse and time of purchasers and lines have nothing to do with eiteaders.
ther ; and it is just as proper that This work, though « sent to its the legislature should be ambulatoaccount with all its imperfections ry, as that a court, not of trials; on its head," (and they are not a out of law, should be so. few) we nevertheless recommend Let the legislature shorten their to the profession and to our read- own sessions, and apply the saving ers. We sincerely hope Mr. W. to the support of the judiciary. will persevere. We wish him a The people would be every way double portion of the spirit of pa- gainers. In England the judiciary tience and labour. He already costs the nation a large sum ; but possesses judgment and accuracy not half so much as it is worth : of thinking ; and we will venture the legislature...nothing. In this to assure him, that he will in due state the legislature costs the state tine, if he faint not, inherit the a large sum, the judiciary...a mere feputation of an excellent repor- trifle. It is time to abandon the ter. Let him always bear in mind, expectation of law from a court of and let it animate him to use dou- pie-poudre. Let not this institudle diligence, that the man, who tion of reporter be suffered to lanemploys his time and talents in guish and die, for want of encour: transmitting to posterity with ac- agement. Let the legislature turacy, precision, and true judge strengthen the “ things that are ment, a history of cases of weight ready to perish.” We may then and difficulty, is a real benefactor look forward through the humilto the publick : And surely there iation and gloom of the present Lever was a time, when such la- time to the period, when our juhours, however they may be appre- dicature shall lift up its head among tiated, were so much neededthe states ; and when our judicial decisions shall become the envy of 430 2, for « were sworn" t. tete not our neighbours, and the admira. .. sworn.
445 13, for “ was sufficient" r. was not tion of the world.
sufficient. Since the publication of this
454 1, dele semicolon after « contesta volume the publick have sustained
ed." There are many errcurs in a great loss in the death of the the punctuation. venerable Judge Strong: His ins 460 6, for “9th section”r.10th sections
475 32, for “ asford" read offend. integrity never was called in ques
495 17, “ Judgment arrested," querer tion. He was a sound lawyer, and
de hoc. well versed in the most dry and
INDEX. least attractive branch of the pro- « Courts,"1.5, for “ objection may be tai fession...the doctrine of pleading. I ken" r. objection may be inade.
Declaration,” for “ bad" r. bad. Errata not noted by the author. « Evidence,” I. 1, for “indorser" r.indorsec.
“ Joinder in action," for “ 180" r. 480. P. 3 1.357 for « 26 February, read gy "Notu trial," 1. 4, 5, for"539," t. 530,541. 160 28 483 4
« Reviero 4,” for “ 157" read 160. February
“ Statutes of the Commonweoltb 1786, July 33 14, after a county," strike out the
7 (References);” for “ 449" t. 158. six following words. 894, for “ constitution” read cona
It is possible, that the copy of struction. 42 29, for “ prima" read primæ.” the statutes, &c. cited and referred 45 20, the sentence following is unin. to, which we have used, may be telligible.
incorrect ; for very few of our 58, margin, expunge the word “ taken." publications, not even excepting 87 1. 21, for “this meeting” read their
the statutes, have any pretensions meeting. 92 20, for “ diversion" r. diverting.
to correctness. 10), margin at bottom and index "deceit" for “ an action brought against
ART. 14. him for the articles,” r. for an Sketches of the life of the late Reo. action brought against him for the price of the articles.
Samuel Hopkins, D. D. pastor of 104, margin, for "promissor”r. promissee. the first congregational church in 134 1.24, and margin, for “February 27" Newport, written by himself ; ina r. February 26.
terspersed with marginal notes 135 29, for “ June 23, 1801" r. June
extracted from his private diary: 23, 1800, (probably.) 152, note, last line, for “March 10,1784,"
To which is added, a dialogue, by read February 6, 1784.
the same hand, on the nature and 198, margin, “ Particular statutes of in extent of true christian submis
solvency” would be more proper sion ; also, a serious address to than “ Statutes of bankruptcy." professing christians : closed by
See V. Acts of Cong. sec. 61 p.81. 201 I. 28, for “ account” read decree.
Dr. Hart's sermon at his funeral. 202 28, for “ plead” read pleaded.
With an introduction to the whole 203 4, for «administrator” r. executor. by the editor. Published by Ste. 804 15, and index “ Statutes of Commons phen I'est, D.D. pastor of the
wealth,” for “ 19th June" read church in Stockbridge. Hart. 20th June. .
ford, Hudson & Goodwin. 1805. 807 95, for "no statute" read a statute. 862 94, for " exigences" r. exigencies.
11. 240. $74 20, for “ are” read were.
Nothing but the celebrity of 386 1, for “ were" read was.
Dr. Hopkins's name would have 10, the sentence following is in induced us to give that attention to
correct. 427 34."prescription" is not the proper these memoirs, which is commonword,
ly expected of reviewers ; for we
Imagine they will be very interest- hopes and fears are similar to those ing only to those, who have adopt- of Dr. Hopkins. ed his system of theology, or who These sketches are introduced are inclined to lay equal stress by some proper remarks of the edwith him on the variety and fre- itor, written in a much better style, quency of what are called religious than any other part of the volume. experiences. Indeed, the private The facts in Dr. Hopkins's life, as thoughts and transient feelings of in the life of every studious man, any man, when minutely register- are few. We learn, that he was ed in a diary, cannot be very intel- born Sept. 17, 1721, and died Dec. ligible to others, even if they are 20, 1803 ; that he was adinitted always understood by the writer ; into Yale college at the age of sixand a reader, unaccustomed to the teen ; that he resided niuch in the kind of “ exercises,” which are family of President Edwards, with here detailed, might imagine, that whom he studied divinity; that he he had been perusing the journal was settled first at Housatonock, of a valetudinarian, or listening to 1743 ; that he was dismissed in the reveries of a love-sick maid. 1769, by the advice of a council, For ourselves we confess, that we on account of the deficiency in his think these emotions and drawings. pecuniary support ; that he was out of the soul have not much to afterward invited, after much oppodo with the growth of habitual pi. sition, to settle at Newport ; that ety, and the fruits of good living. his enemies were at length reconWe should not think the more ciled to his sentiments ; that he highly of the filial affection of a was ordained there April 11, 1770, child for his parents, because he and continued with this people, had kept a bulletin of his yearnings through many difficulties and disand longings for them in their ab- couragements, till the day of his serice, or because in all his letters death, he had told them how much or These memoirs contain also how little he loved them. Neither some domestick anecdotes, and, do we think the character of a what will be more interesting to christian can be so safely estimate the theological reader, some aced from the transcripts of his dia. count of the controversies, in which ry, as from the tenour of his con- the Doctor was engaged. As he duct. By these remarks we mean has given his name to a large and not to depreciate the piety, or un respectable class of christians in dervalue the eminent graces of the United States, it may not be Dr. Hopkins ; for we sincerely be uninteresting to our readers to lieve, that his readers will think have a regular list of the Doctor's more favourably, than he did him- publications. The principal benself, of the sincerity of his chris- efit, which he is supposed by his tian faith and conversion. Much friends to have conferred upon the less would we interrupt the conso- science of theology, may be stated lation, which any christian may be in the words of the fond editor of disposed to receive from this rec- this little volume. ord of religious doubts and confidences ; a record, which will un
To Doctor Hopkins are we indebted
for a better understanding of the design doubtedly be read by many, whose and end of what are generally termed sentiments and passions, whose the means of grace, and their use and applin
Yol. III. No. 3. U
cation as they refpel? impenitent, unconvert. sermons, frublished by Dr. Mauheu ed finners, than was before had. His of Boston." A reply was made discerning mind, in the early part of his
to this book by Mr. Mills, a calpublick ministry, discovered a manifest inconsistency in the exhortations and direc- vinistick minister in Connecticut. tions given to unbelievers by eminent divines,
In 1768, a sermon which I preached with the doctrines they publickly taught
in the old fouth meeting-house in Boston and strenuoutly maintained. Though
was published at the desire of a number the doctrine of the total moral depravie
of the hearers. The title of it is, “ Tbe ty and corruption of the human heart
importance and necefsity was clearly taught, and forcibly urged
of cbriftiars conby Calvinistick divines ; and, clear evi
fatering Fifius Cérifi in the extent of his
Ligh and glorious character." The text dence produced from the holy fcriptures, that all the exercises of the natural heart
Hebrews iii. 1. It was composed with all the doings and services of unregene
a design to preach it in Boston, as I
expected soon to go there, under a conerate finners, were, not only unacceptable, but hateful in the light of God; yet
viction that the doctrine of the divinity
of Christ was much neglected, if not dit. to fuch doings and services did the unregenerate find themselves exhorted and urg
believed by a number of the ministers
in Boston. ed ; and this as the appointed way to obtain the favour of God and converting
In the same year I published two ser. grace. Though the doctrines were just
mons, one from Romans või. 7. the other
from John i. 13. containing fixty-five and scriptural, the exhortatiins naturally operated, rather against, than in favouir pages in a.
pages in a small comprehensive type. A of the finner's fenfible conviction of tec
second edition of these sermons was their truth. By attending to the Doctor's writings on this important subject,
In the year 1769 | published my an.
fwer to Mr. Mills of one hundred eighit foon became obvious, that, as the holy Teriprures require the immediate exercise
ry four pages, octavo, on a small compreof godly forrow and repentance, finners
benfive type. The following was the ti
tle of it. “ The true pate and characler of no description are ever to be exhorted to any other doings, or supposed du
of the unregenerate, fripped of all mil· ties, than such as imply love to God and
remo fentatin and disguis." I believe
this book, with what was afterwards holiness. No uninspired divine, before Doctor
published on the same subject, was the
means of spreading and giving much Hopkins, had ever set this subject in a
ligbe and conviction, with respect to the proper and fcriptural light. And the
real character and doings of the unrebenefit derived to the christian cause, from his writings on this interesting and
generate ; and has in a great measure important subject, is sufficient to com
put a stop to exhorting the unregenerate
to do duty in order to obtain regenerapensate the study and labours of a whole lif:.
tion, which was very common among P. 8.
preachers before that time. P.95. The first publication of Dr. H. was three sermons, entitled, “ Sin
The bold positions, contained in through divine interposition, an ad
these works of Dr. Hopkins,called
forth remarks from several of that vantage to the universe, and yet
class of divines, who chose to be this no excuse for sin or encouragement to it.” 1759. These had
called moderate calvinists. We a second edition in Boston 1773,
prefer to relate the progress of the, and one in Edinburgh about the
controversy in the unaffected simsame time.
plicity, and self-complacency of In the year 1765 was published me
the Doctor's own language. 6 An enquiry concerning the prom. In the latter end of the year 1769, or ises of the gospel, Whether any of beginning of 1770, Mr. William Hart of them are made to the exercises and sa
Saybrook published a dialogue, under doingre of persons in an unregenerate
the following title, “ Brief remarks on a
number of falle pofitions, and dangerous state? Containing remarks on two errours, which are spreading in the