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one of the brightest gifts they have conferred on the world. It is this, that the guilt of any individual shall be proved so clearly and satisfactorily, that not one man out of twelve disinterested persons shall have the least doubt remaining upon his mind. And every man who may be called upon to fill the honorable office of juryman should be informed, that it is no part of his duty to attempt to produce unanimity, if that has not been accomplished by the trial before the court; but that he should rather rejoice if there be but one only among them who can truly say that he DOUBTS whether the prisoner be guilty or not, for by such doubts he may save an innocent man from death, or, what is worse than death, the ignominy of a blasted reputation.

It should also be clearly made known to all jurymen, that there is no breach of their oath in giving a verdict of "not guilty," even though they should all believe him guilty save one, because the guilt must by law be proved to the satisfaction of a whole jury of twelve persons. If one man only of the jury objects to the verdict of guilty, then it is a fact that a jury does not find him guilty, and it follows, of course, that an acquittal must be pronounced, which is invariably done in the verdict of "not guilty," than which no better or more unobjectionable form of verdict can probably be devised.'

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Mr. Wilson in his lectures-the first lectures on law ever delivered, we believe, in this country-has expressed similar views with the above. By the law,' says he, twelve votes of conviction are necessary to compose a verdict of conviction, but eleven votes of conviction and one against it compose a verdict of acquittal.''

The volume concludes with some brief remarks on juvenile delinquency, on intoxication as a crime, on the injurious practice of granting rewards to informers and on, what are called, magisterial and constabulary appointments, which we have not time to notice.

1 2 Wilson's Lect. 355.

Critical Review for foreign Jurisprudence and Legislation. Edited by MITTERMAIER and ZACHARIE. Heidelberg. In quarterly numbers (in German).

German literature, so rich in many branches, outstrips that of all other nations in periodical productions. Its monthly, bimonthly, and quarterly publications extend to all arts and sciences, and many of them occupy themselves with special branches only. Jurisprudence and medicine, to speak of the stricter sciences only, occupy more of these periodicals than the others; of all of these it is our present intention to direct the attention of our reader to a single one only, the title of which we have placed at the head of this notice. Besides the names of the two editors, we find enumerated on the cover a great number of contributors from nearly all quarters of the globe, Greece, Spain, Portugal, Russia, and Sweden, not to be omitted. As contributors from our country, we find Mr. Livingston and Dr. Lieber mentioned. Both the editors are professors in the university of Heidelberg, and rank among the first authors of their country. Professor Mittermaier, whom we do not hesitate to pronounce one of the first criminalists and jurists in general, of our age, whose deep researches extend to the laws and institutions of all countries, (of which, among others, his excellent work on the German Penal Process in constant comparison with the English and French Penal Process, second edition, Heidelberg, 1832 and 33, 2 vols. gives a most decided proof,) is well-known to the English public by several contributions to English works. Mr. Mittermaier was during the late session of the chambers of Baden, president of the chamber of representatives, and has shown himself always a friend of liberal ideas. The active interest with which he promotes the improvement of prisons and the situation of discharged prisoners in Baden, proves that his love to the science of penal law has not extinguished in him the sense for that practical end for which all penal law is enacted and every penal institution is established. To give an idea of the Critical Review it will be best, briefly to show the contents of some one of its numbers. The first number of vol. IV. the last we have received, contains: I. An article on the present state of politics in Switzerland, (very little understood any where without the limits of that country) by Zachariæ. II. Philosophy of law in France, by a professor in Ghent. III. New Penal Code for the States of the Church,

by Mittermaier. IV. A Survey of the Law concerning the Establishment of Councils of Departments and Cantons in France, of June 22, 1833, by a professor of the university of Strasburg. V. Latest Bill on Libels, laid before Parliament, with a comparison with the Laws of other countries, by Mittermaier. VI. Contributions to the Mohammetan Law on Matrimony, with Literary notices for the study of Oriental Law and Legislation. VII. Foreign Literature by Mittermaier. Under this head brief notices-some of them critical-are given of 1. A historical Treatise on Trial by Jury; wager of Law and other coordinate forensic institutions formerly in use in Scandinavia and in Iceland, by. Thorl. Gudm. Bepp Edinb. 1832. 2. Documens inédits ralalifs à l'histoire des Trente-neuf de Gand, suivis d'éclairissemens historiques sur l'origine et le caractère politique des communes flamandes par. M. Warnkonig, Ghent, 1832. 3. Essai sur la statistique morale de la France, par A. M. Guerry, Paris, 1833. 4. On the Penitentiary System in the United States, by De Beaumont and De Toqueville, translated from the French with an introduction, notes, &c. by Francis Lieber, Philadelphia, 1833. 5. Revue étrangere de Legislation et d'Economie politique, &c. publie par Foelix, Paris. 6. Collection des loix civiles et criminelles des états modernes, (a reprint and translation of all codes) Paris. Foreign Legislation. 1. Proposed Abolition of Capital Punishment in the state of New York. 2. Law respecting the Press for the Kingdom of Belgium, of July 20, 1831. 3. New Law on copy-right in the United States, of February 3, 1833. 4. Law on Brigues,' (electioneering) of December 18, 1832, for the Pays de Vaux.

We are afraid of tiring our readers by the mere enumeration of titles and heads of articles, otherwise it would be easy to show that the preceding numbers are equally interesting to the lawyer. The work is published on fine paper, in Latin types. Professor Mittermaier is also one of the five editors of the New Archives of Criminal Law, a quarterly, published in Halle, as he is likewise one of the six editors of the Archives of Civil Practice, a periodical which has reached already its 16th volume. To both Mr. Mittermaier contributes frequently.

Brigue is a word in ancient French Jurisprudence, and which signifies nearly as much as the Roman crimen ambitus, which includes all crimes and misdemeanors committed against the perfect and calm exercise of the right of voting, as bribe, riot, distribution of liquors, &c.

1834.] A Brief View of the Constitution of the U. States. 231

A Brief View of the Constitution of the United States, addressed to the Law Academy of Philadelphia. By Peter S. Duponceau, LL. D. Provost of the Academy. Philadelphia.

1834. 12mo. pp. 106.

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This is a valuable little work. Its learned and venerable author seems to have labored with happy success it must be confessed-to shew the narrow compass in which a commentary on the constitution may be compressed; the ample labors directed to which have already, in the words of Gibbon, clothed the walls of our libraries with so many learned volumes.

Mr. Duponceau has presented us with a commentary, which in brevity and clearness, may almost vie with the text of the constitution itself. The style, besides being pleasant and familiar, shows much care and polish.

This work is intended for the benefit of youth, of the general reader and of foreigners. It is addressed to the Law Academy of Philadelphia, over which Mr. Duponceau has presided for more than fourteen years with distinguished honor and usefulness, and is published by this institution. Mr. Duponceau

states, in his preface, that it is not so much for their instruction that he has presented them with the result of his studies, as that they might see in it a tribute of friendship, and a testimony of his constant attachment and of the pleasure that he felt in being connected with them.

The whole commentary is embraced in forty-nine pages, and is divided into five chapters. The rest of the volume is occupied by the declaration of Independence, the articles of Confederation, the Constitution, and Washington's Farewell Address.

The first chapter is entitled preliminary observations, and presents a view of the state of the Colonies before and during the revolution—their rights privileges and disabilities under the British government the causes of the Revolution and Declaration of Independence the adoption of the articles of confederation their nature and object; and finally the adoption of the constitution. The second chapter is entitled a General view of the Constitution, and treats of the national character given us by this instrument; the rights of sovereignty or jura summi imperii conferred by it, and the distribution of powers. The third chapter is on the organization of the government, by which is meant, to use Mr. Duponceau's language, the great division into legislative, executive, and judicial departments - its consequent

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subdivisions its subordinate officers the various modes of election and appointment to office- the periods of service - the modes of action of these different authorities; and a variety of matter of detail, constituting together what might be called the mechanical part of the government. The fourth chapter treats of the powers, rights, and duties of the general and state governments passing in rapid review the subjects of foreign relations finance. commerce general and penal legislation-judicial power-the admission of new states into the Union-local jurisdiction of Congress - miscellaneous powers of Congress protection of the states, and guarantee of republican government—restrictions on state and federal powerpublic law between the states; concluding with the mode of amending the constitution. It will be seen that this chapter presents at once the powers of the general government and the relations which the constitution has appointed between that and the states. The fifth and last chapter is devoted to a few concluding remarks on the beauty and harmony of the system of government under the constitution; the balance between the two principles of national and state sovereignty, and the distribution of powers between the federal and state governments.

We have, within a short time, noticed in our journal several elementary works on the constitution, and have been always gratified by calling the attention of our readers to them. They have all evinced a strong attachment to the Union, and have presented, on a small but intelligible scale, the principal features of our admirable constitution. If the rising generation profit by the labors for their benefit, in this respect, we may hope hereafter for a more thorough diffusion of correct constitutional knowledge, a more liberal support of the national government, and brighter days for the republic.

Before concluding we wish to notice one position of the learned author of the present volume.

Mr. Duponceau (p. 38) states that the amendment of the constitution, that the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by foreigners, has been held not to extend to causes of admiralty and maritime jurisdiction. We are inclined to think that Mr. Duponceau has said more than any authority will be found in the books to support. Mr. Justice Story, in his Commentaries, (vol. III. p. 561) only states that it has been doubled, whether the amendment extended to cases of admiralty

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