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510 Bai9%t?$ Precedents of MidmnnU. [June,

hiai> or. taken from some other book. He giTes the authori-
ties by which it is supported, and frequently refers to cases
in which it has been used ; and if founded upon a statute,
he refers to the statute, chapter, and section.

We should think nearly half the precedents in this volume
are founded upon the statutes of Massachusetts. Very nearby
al) of them were drawn by Mr. Davis himself in the^dis-
charge of his official duty. He no doubt availed himself of
such aids as the books containing precedents upon similar
subiects would afford ; but they could not have been drawn
without a good deal of labor, and they are generally much
better forms than those borrowed from other authors.

No. 152, and the fifteen following precedents, are drawn
upon the '^ statute against forgery and counterfeiting.''
These forms, with the notes, are the most valuable commen-
tary which can be found, and better than any man, who had
not for a lone time been a public prosecutor, could make,
upon that highly important statute.

Besides the precedents of indictments, this volume con-
tains '^ a form of an information in a criminal case," with the
suggestion in a note, that '^ there is no variance in the gen-
eral form of an information in criminal cases ; " and having
the formal part, which is always the same, nothing is neces-
sary but to turn to the precedents of indictments, and take the
allegations and descriptions of the offence you are about to
prosecute, and transfer them into the information.

In the note above alluded to are to be found the following
remarks upon the subject of informations, which are certsunly
worth much consideration.

'' This mode of prosecuting crimes is not, in my apprehen-
sion, either congenial or consistent with the nature of our gov-
ernment and institutions. If the practice were restricted to
corporations, it might not be objectionable. But if it were
extended here, either in law or practice, as it is in England, to
every species of crime excepting treason, misprision of treason,
and felony, the protection of the innocent from groundless and
malicious prosecutions, which we think we derive from the
institution of grand juries, might be endangered. The instruc-
tions which are given by our judges in their charges to the
5 rand jury to accuse no one without full and satisfactory evi-
ence of his guilt, is one of the most admirable features in the
administration of public justice. The institution of grand

Digitized by


18330 Davis's Precedents of bSdmenis. 611

jories has existed in England for nearly a thousand years, and
in this country ever since its settlement.

*^ The power of the attorney general in England, in regard
to the prosecution of crimes by information, would be viewed
with great jealousy in this country. He is the sole judge of
what public misdemeanors he will prosecute. 1 Chitt 845 ; 4
ft. Qpm. 312, Bac. Abr. Information, A. He may file an in-
formation against any one whom he thinks proper to select,
without oath, without motion, or opportunity for the defendant
to show cause against the proceedings. Id. Ibid. Nor is he
in any case liable to an action for a groundless or malicious
prosecution. 1 Chitt. 846 ; 1 T. R. 614, 636. So independent
is his authority, that the court will not quash his information on
the motion of the defendant ; but will compel him to plead or
demur. 1 Salk. 372 ; Bac. Abr. Information, A. ; 1 Chitt. 847.
The information, being a mere assertion of the officer who files
it, may be amended at any time before trial, without the con*
sent of the defendant. These amendments may be very exten-
siTe and material ; counts may be struck out, and new ones
inserted. 1 Chitt. 868 ; 4 Burr. 2528. Power, to this extent,
concentrated in a single individual, and that individual not
only the officer, but the minister of the government which he
serves, would not be endured in this country.

'' What is the extent of the power of a public prosecutor un-
der our constitution of government, has never, to my know-
ledge, been tested.

" There is a general rule stated in 6 Mass. R. 267, which is
to this effect : ^ that all public misdemeanors which may be
prosecuted by indictment, may be prosecuted by information,
in behalf of the Commonwealth ; unless the prosecution be
restrained by the statute to indictment.' There may be such
a rule ; but I confess I have never met with it in the course of
long official experience ; and if it exists, I should doubt its ap-
plicability to the principles and policy of our government."
pp. 265, 266.

The book also contains several forms for informations quo
warrantOy writ of Certiorari, Error, Habeas Corpus, forms
of several pleas, and other proceedings in criminal matters.

Even in looking over this book of forms we are reminded
of several events in which the public at the time they hap-
pened took a deep interest.

The form No. 283 was taken from the indictment used
in the case of the far-famed Captain Kidd and his crew, who
were tried for piracy.

Digitized by


51« Lmdk^M BMm^. [JdM,

N(K 896 is taken fipom the iDdictment used against Aafon
Burr for treason against the United States.

No. 220^ is said to be the substance of the indictment

gainst Theodore Lyman, Esq. for an alleged libel against
r. Webster.

And in different parts of the book, under their appropriate
heads, we have all the forms prepared, some of which were
nsed, in the cases against the Knapps and Crowninshields
for the murder of Captain White at Salem, in 1830.

After a careful perusal of this book, we feel no hesitation
in saying, that we know of no volume of equal size in which
a lawyer can find more useful information, or one on which
be can more safely rely in practice. The author says, " This
work in thp result of his official experience, acquired under
the advice and correction of distinguished judges and profes^
sional friends.''

Mr. Davis has been well known as Solicitor General in
Massachusetts for more than thirty years, — and during that
whole period has been distinguished no less for the accuracy
of his learning and the extent of his researches, than for the
elegance of his address, and the eloquence of his appeals.

AiRT. XII. — An Introduction to the Natural System of
Botany ; or a Systematic View of the Organization,
Natural Affinities f and Geographical Distribution of
the whole Vegeiable Kingdom; together with the Uses
of the most important species in Medicine^ the Arts,
and Rural or Domestic Economy. By John Lindlet,

F. R. S., L. S., G. S., &c., and Professor of Botany in
the University of London. First American Edition, with
an Appendix. By John Torret, M, D., Professor of
Chemistry and Botany in the College of Physicians and
Surgeons in the City of New York, &c. New York.

G. & C. & H. Carvill. 1831. 8vo. pp. 393.

We are glad to see an Americui edition of this work,
which, with the usefiil additions made to it by the editor,
will greatly promote the cultivation of Botanical science in
this country. The Linnean system, it is true, has hitherto
been and will probably continue to be found convenient to
the beginner in learning the names ; but till this time there
has been no comprehensive manual, in our language, detail-
bg the natural relations and qualities of plants.

Digitized by


1888.] F(nch'$ FrifnOi FirH CUti Book. 913

Ptofesflor Tonej bas enbanced the value of thd work by

KefixiDg to it ^^ an outline of the first principles of Botany/'
- Professor Lindiey, and by annexing ^^ a Catalogue of the
North American Genera of rlants arranged according to the
Orders of Lindley's Introduction, with the number ofspecies
belonging to each genus as far as they are at present dete^*
mined." The latter, with some tables, an alphabetical list
of North American flowering plants, and certain additions
inserted in the body of the work, constitute the portions for
which we are indebted to Professor Torrey.

While we acknowledge the great merit of the two works
of ProfesscH* Lindley, now combined in the American edition,
and are fully sensible of the advantage to be obtained from
the additions made to it by Professor Torrey, we regret to
find so many errors of the press, and, still more, are we sur«
prised that a uniformity in the names of the divisions bas not
neen preserved. Thus, what, in the " artificial analysis,"
are called Orden, are, in the body of the work, denommated
Tribe9. Though the name of the division is but of little
consequence provided it be uniformly adopted and retained,
still we should prefer to call these natural groups Familie$^
and refer the titles THben and Orders to the lai^er, and, as
we think, less natural groups.

Oar objections, however, are not such as to prevent us
from recommending this work to all who are desirous of
attaining a knowledge of the organization and nature of
plants ; and we would add, that such a work b indispensa*
bie to the American botanist.

Abt. XIII. — J%e French First Class Book, being a ntw
Selection of Reading^ Lessons: In Four Parts, viz.
1. Authentic Pieces in Prose. 2. Prose Comedies of
MoKere, abridged. 3. Choice Pieces in Verse. 4.
Abridged Dramas and Scenes in Verse. The whole
calculated to interest as well as improve the Learner.
By William B. Fowle, Principal of the Monitorial
School. Boston. Crocker & Brewster. 1833. 12mo.
pp. 288.

We have no hesitation in recommending this book, to all
who are giving instruction, whether to children or to those of

Digitized by


514 Fawk's French First Class Book. [June,

mature minds, in the French tongue. We have made proof
of it, and found it well suited to both the ends which the
compiler bad in view, the gratification and the improvertient
of the learner. Something like it has been much wanted.
We have tried such stories as Florian's ; but never found
that they engaged strongly the attention of the pupil, nor
could we wonder that they did not. TeUmaque has been
again and again prepared for the use of beginners. But to
go through with it is after all a heavy undertaking, and the
book sadly wants variety. The Ami des Enfans of Berquin
is indeed excellent, and may be used with great advantage.
But it is not suited perfectly to all classes of readers ; its
best things have become familiar to children through transla-
tion ; most of its pieces are too long, and they are too uni-
form in style. We were in need of a miscellaneous work
like the one before us. Mr. Fowle has accomplished the
task, it appears to us, extremely well ; with great diUgenoe
and in good taste. He has made his selections from a wide
range of authors, and so judiciously that they are not tedious
either from their length or want of vigor. The book is sin-
gularly distinguished throughout by its sprightliness. To this
pleasant quality, — and useful one^ we may add, — the compiler
has in no small degree contributed by the freedom and point
of the English titles, which he has prefixed to each piece.
We speak in this language of hearty commendation, because
we feel sure that Mr. Fowle has here done the public a good

We could wish that more pains had been bestowed on the

f)roof sheets. The utmost accuracy is required in books for
earners, especially when the words are foreign. We should
not think so much of a letter here and there misplaced or
omitted. But the negligence becomes serious, when the
*^ conversion " of Socrates is spoken of instead of his ^^ con-
servation,'' which we suppose must be the true reading, at
page 59. The errors will be corrected, we trust, in another

Digitized by


1882.] EmericvCs North Anitriean Arithmeiie. 515

Aet. XIV. — The North American Arithmetic. Part Sec-
ond. Uniting Oral and Written Exercises in corre^
sponding Chapters. By Frederick Emerson. Boston.
Lincoln & Edmands. 1832. 12mo. pp. 190.

T^is is the second of a series of books in which Arithme-
tic is desired to be taught, chiefly upon the inductive
method of instruction. ^^ rart First " has been published
some years ; " Part Third," our author tells us, will appear
in the course of a few months.

The teaching of Arithmetic orally , or without the use of
the slate, has, for a considerable number of years, been suc-
cessfully practised in very many of our schools, both public
and private, and has now grown into general favor. The
portion of Mr. Emerson's '^ Second Part," intended to be so
taught, differs so little from a system that has been long be-
fore the public, that we cannot think the want of it could
have been very painfully felt.

The explanation of arithmetical truths by means of " cuts"
is claimed as an original invention. If so, with such little
temptation as it must offer, we hope that '^ compilers " will
give heed either to the '* laws of the land," the eighth com-
mandment, or Mr. Emerson's admonition, and dp him no

The " Written Arithmetic " contains about an equal num-
ber of pages with the '^ Oral," and corresponds to it in its
topics and arrangement, but without reference from the one
to the other. The questions for solution in this part, and
indeed, in the whole work, are taken more generally from
matters with which the learner is or should be acquainted,
than in any other similar work which we have met with.
Upon the whole, Mr. Emerson's Arithmetic seems to have
been prepared with a good deal of care and pains-taking, and
is neatly published ; but we do not find in it any sufficient
apology for adding his voice to the loud pretensions, so often
made, and so patiently acquiesced in, to the merit of novelty^
discovery, or mvention. ^

Digitized by


516 Jn (hUy Skm. [Jme,

Abt. XV. -^An Only Son. A Natrative. By the Au-
thor of '< My ELarly Days." Boston. Leonard C.
Bowles. 1832.

'^ An Only Son " is a tale of remarkable interest ; and is
told hy the hero himself, with the same tasteful ease and
gracefulness which charm us in " My Early Days." The
design may be gathered from one of the closmg paragraphs
of the volume.

^' If I have freely interpreted conyentional terms, — if I haye
said that the laurels of war tarnish the brow thej encircle, —
my heart justifies my motiyes, and History embodies my de-

In the course of the narrative the rash anticipations of
youthful ardor, checked by sad experience, are depicted bv
a powerful hand. The " pomp and circumstance of war/'
which present so charming a prospect to the youthful imagi-
nation, are found to be little else than the dull routine of
camp duty, and the heart-rending scenes of havoc and blood-
shed. After passing through a variety of incidents ; a duel
in which he killed one who had ever been his dearest friend ;
and numberless sieges and battles, the hero returns to his
desolate home, which he bad left by stealth, overwhelmed
with remorse and sick at heart. '' (rrievous," he sayd, '^ is
the guilt of filial ingratitude and the shedding of blood.''

l%e work abounds in excellent remarks on the faults of
education, the crimes and cruelty of war, the hollowness of
the soldier's fame, and on several odious and absurd prac-
tices which have had their origin in false estimates of honor.

Both of the tales may be read with equal pleasure and
profit by the young and the old. Children will be delighted
with the adventures described, and made better by the moral
lessons conveyed with great ingenuity and force. Those
who have passed their " early days," and who may be said
to live more in memory than in hope, will admire them for
the tender repoUections which they are fitted to raise in the
mind, and meanwhile will have their afifections purified by
dwelling on the simplicity and innocence of childhood.

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Nicklin 4* Johnson, Philadelphia.
Roscoe on Evidence. 8yo.

Key, Meilke, 8f Biddle, Philadelphia.
The Songster's Own Book. 24mo.
Fro8t*8 Universal History. 12mo.

G. W. Mentz ij- Sons, Philadelphia.
The Trial of Mrs. Chapman. Svo.

JR. H. SmaU, Philadelphia.
Coventry and Hughes's Digest. 2 vols. Svo.

W. 4- J. Neal, Philadelphia.
The Sisters' Budget. 2 vols. 18mo.

John Fleming, Carlisle, Pa.
Duffield on Regeneration. Svo.

/. 4* J' Harper, New York.
Description of Pitcairn's Island. 18mo.
Evidence of Prophecy. By the Rev. A. Keith. 12mo.
Cox*s Adventures on the Columbia River. Svo.
Cooper's Spy. 2 vols. 12mo.
Romance and Reality. By L. E. L. 2 vols. 12rao.
The False Step, and the Sisters. 2 vols. 12mo.

John Doyle, New York.
Cohbet's Grammar of the French Language. iSmo.

Gould, Banks, 4- Co., New York.
Edwards on Parties in Chancery. Svo.
Graham's Practice. Svo.

Collins 4* Hannay, New York.
Horenden on Frauds. 8fo.
VOL. I. NO. VI. 66

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518 Ldst of New Books, for May. [June,

French Sf BroHm^ Newport, N. H,
New Hampshire Reports. Part 8. Vol. 6. 870.

HiUiard, Gray, 4* Co., Boston,
Enfield's Philosophy. 5th edition. 8vo.

Smellie's Philosophy. By John Ware, M. D.. 4th edition. 8vo.
Bowdilch's La Place. Vol. 2.
Caesar's Commentaries. Stereotype edition. l2nio.
Donnegan*8 Greek and English Lexicon. 8vo.

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Old English Prose Writers. Vol. 5. Walton's Lives.
Moore 4" Sevey, Boston,
Secrecy. A Poem. By Thomas Power. 2d edition.

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Peter Pfeiley's Histoiy of Ancient and Modem Greece. 18mo.
Hall's Lectures to Female Teachers. 12mo.

In Press,
The American Common-Place Book of Pulpit Eloquence. By Geoige B.

Conversations on the Evidences of Chcistiantty. By J. L. Blake.

A Universal Gazetteer. 8vo.

A Universal Pocket Gazetteer.

A System of Universal Geography.

Saturday Lectures. By Mrs. Lincoln.

A Second and Third Book of History.

Peter Parley's History of Ancient Rome.

A Familiar Treatise on the Mythology of the Ancient Greeks and Romans.

An Elementary Treatise on Astronomy.

Elements'of Chemistrv.

Croker's Boswell's Johnson.

L. C, Boioles, Boston.

An Address hefore the Hancock Sunday School, March 81, 1832. By the
Superintendent. 18mo.

Bostou'and its Environs. A Poem. 12mo.

The Choice. A Tragedy. By H. J. Packard. 18mo.

An Only Son. By the Author of ** My Early Days." 18mo.
, Five Years of Youth. By Harriet Martineau. 18mo.

Counsels and Consolations. By J. Farr. 18mo.

Whitman's Village Sermons. 12mo.

Words of Truth. By the Author of «< Selections from Fenelon."

Cottons 4* Barnard, Boston,
Bachi's Spanish Grammar. 12mo.

Lilly 4- Wait, Boston.
A Treatise on the Principles of Pleading. By James Gould. 8vo.
Knowledge for the People. No. 9.

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Library of Entertaining Knowledge. Vol.12. l8mo.
Selections from the Edinburgh Review. 4 vols. 8vo.
Selections from the Quarterily Review. 8 vols. 8vo.

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1832.] Li$t of New Booksy far May. 519

A Practical TireadM on Breediog, Rearingi and Fattening all Kinds of Poul-
try, &c. 18mo.
Abercrombie on the Intellectual Powers. 870.
New Clerk's Magazine. 12ino.

Cctrter Sp Mendee, Boston.

Degerando on Self- Education. Translated into English. 2d edition. 12mo.

The Art of Being- Happy. From the French of Droz.

The Pocket Farrier.

Gruod'9 Clements of Natural Philosophy.

The Well- Spent Hour. 3d edition. Corrected and enlarged.

Sequel to the Well- Spent Hour ; or the Birth-Day.

William Hyde ^* Co., Boston.

Pope's Essay on Man. By Daniel Clarke. iSmo.

Sylva Americana. 8vo.

Peter Parley's Ornithology. iSmo.

In Press.

Juvenile Rolla.

Newman's Rhetoric. Sd edition.

Marsh, Capen, 4" Lyon, Boston.
. Shaw's Opeimti?e Masonry. 8vo.

James Loring, Boston.
A Memoir of Harriet Dow. By Barron Stow. l2mo.
Peirce S^ Parker, Boston.
Wardlaw on In&nt Baptism. 12mo.

Lincoln 4* Edmands, Boston.
The Boston School Atlas.
Emerson's North American Arithmetic. Part 2d.

Munroe 4* Prancis, Boston.
SeTentyFive Receipts for Making Pastry, Cakes, and Sweet-Meats.

B. P. Edmands, Boston.
The Trial of Eugene Aram.

Chray 4* Botoen, Boston.
In Press,
Sermons by the Rev. William E. Chanoing. 12mo.

Memoir of the Life and Times of Commodore Barney. By Mrs. Maiy Barney.
American Annual Register, tor 1830 — 1831.

J, 8. 4" ^' Adams, Amherst.

Evans on the Denominations of the Christian World.

Merriam, Little, 4* Co., Brookfield.

A Sermon upon Isaiah iz. 6 ; also an Explanation of John 1. 1. By O. R«
Noyes. 24mo.

Digitized by




Adams^ Hannah, Memoir of, written
by herself, with Additional Notices,

Aids to Devotion, 81.

ALn8WO}tk'8 Dictionary, Dymock's
Abridgment of, 70.

Alger, Fr. & Jackson, C.T., Mineralo-
gy and Geology of Nova Scotia, 306.

Algebra, Elements of, 159 et acq.

AbnanaCy American, for 1832, 157.

Amuranth, an Annual for 1832, 157.

An Only SoUf a Narrative, 516.

Anatomical Preparations, Directions
for making, 63 et seq.

AnnuaU for 1832, 154.

Anthon, Edition of Dy mock's Abridg-
ment of Ains worth's Dictionary,
with Corrections and Improve-
ments, 71 — Sallust edited by. 181.

Appeal to the People of the United
ted States b^ a Freeholder, 256.

Archeology, Biblical, 482.

Arithmetic y North American, Part 2d,

AtUaUie SouTenir, an Annual for 1832,
154 et seq.

Audubon, J. J., Ornithological Biogrra-
phy, or an Account <m the Habits,
&c. of Birds of the United SUtes,


BaUmentB, Commentaries on the Law

of, 329 et seq.
Baldwin, Annals of Yale College, I.
Barber, J., Grammar of Elocution, 368

— Practical Treatise on Gesture,
Barrett, T. S., edition of Kitchener's

InvaUd's Oracle, 236.
Belknap, Jeremy, History of New

Hampshire, 437.
Bernard, J., Retrospections of the

Stage, 414.
BibUcal Repository, importance of the

work, 14.
BibUeal Archeology, 482.
Bickerstetk on the nature and duty of

prayer, 82.
BSjgdow, Andrew, Trarels in Malta

and Sicily, with Sketches of Gib-
raltar, 1 16.

Bigdow, Jacob, Elementa of Technol-
ogy, 3yo.

Biography of Self-Taught Men, 504.

Botany ^ Introduction to the Natural
System of, 512.

Boucher, Glossary of Archaic and
Provincial Words, or Supplement
to English Dictionaries, 345.

Bourd/m, Elementa of Algebra, 159.

Bravo, a Tale, 147 et seq.

British Spy, Letters of the, 463.

Browne, Sir Thomas, Works of, 227.

Bryant, W. C, Poems, 296 — Note to
the review of, 427.

Buifineh, S. G., Contemplations of the
Saviour, 425.


CoAol, Sebastian, Memoir of, 2G9 —
Note to the same, 343.

Calhoun Doctrine, or State Nullifica-
tion, 168.

Campbell, W. W., Annals of Tryon
County, 282.

Campbell, George, D.D., Lectures on
Systematic Theology and Pulpit
Eloauenee, 423.

Capo d'lstria, account of, 121.

ChampoUion and Rosellini, monu-
menta of Egypt and Nubia, 177.

Cheever, George B., edition of Arch-
bishop Leignton*8 Works, with a
View of his Life, &c., 360.

Chemist, Domestic, 430.

Chemistry, New Conversations on, by
T. P. Jones, 65 — Manual of, by L.
C. Beck, 66— Lectures on, by W.
G. Hanaford, 66 — Elementa of, by
B. Silliman, 199.

Child, Mrs., Mother's Book, 75—.
Coronal, a Collection of Miscellsr
neous Pieces, 2^1.

Child's Instructer, or Lessons on
Common Things, 261 .

Cholera, Report of the Royal Acade-
my of Medicine [French] upon,3{^
— Medical and Topographical His-
tory of, 383— Catodiism of Facta
respecting, 383.

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i^dex to Volume L


C^riMtun Offering, an Annual for Edwards, B. B.» Bionanhy cf MS*

1838,157. Taught Men, 504. ^

Christian Theoloj^, Lectures on, by Education of DanghUra, Treatiae on,
G. C. Knagp, 212. _ 257 - Scientific, Lecture on, 258 -

Female, ThoughU on, 258.
EloetUion, Grammar of, containing
the Principles of the Arts of B^mmU
ing and Speaking, ;)68.
Emerson, G. B., Appendix to SuUi>

yan's Political Class Bouk, 59.
Emerson, Frederick, North American

Arithmetic, Part 2d, 515.
Encyclopedia Metropolitana, 63.
Encyclopadia Americana, 322.

Christianity, Plan of the Founder of.

Cicero, M. Tul., Dial, de Oratore, 421.
Clap, President of Yale College, 4 —

his defence of the charter, 5.
Cobb, Lyman, Critical Review of

Webster's Orthography^ 172.
Cobb, J. U.,on the Sfuiberry Tree and

Culture of Silk, 2aU.

Online LibraryJoseph Lyon MillerAmerican monthly review → online text (page 53 of 54)