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POETRY.

The Ass. An Ode. By Dr. Trotter, .
Retrospective, - - - -
The Cause Gained; or, the Counsellor outwitted,

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THE SELECT REVIEWS,

AND

SPIRIT OF THE FOREIGN MAGAZINES,

Will be published in future by John F. Watson, at his bookstore, southwest corner of Chestnut and Third streets, Philadelphia, who is authorized to receive all monies due for subscriptions for the present year, 1811.

The agents of the work, and others, are requested to apply to him, to whom also all letters on the subject of this establishment are to be directed.

Complete sets of the work, from its commencement, and any numbers that may be wanted to complete broken sets, will be furnished by application to Mr. Watson.

Those subscribers who have already paid their subscription for this year to Edward Earle and Co. will receive a creilit in the books to be opened by J. F. Watson.

SELECT REVIEWS,

FOR JANUARY, 1811.

ORIGINAL.

[FOR THE SELECT REVIEWS.]

'A Treatise on the Law of War, translated from the original Latin of Cornelius Van

Bynkershoek; being the first book of his Quæstiones Juris Publici, with Notes. By Peter Stephen Duponceau, Counsellor at Law in the Supreme Court of the United States of America. 8vo. pp. 218. Farrand and Nicholas. Fhiladelphia. 1810. * THIS masterly treatise is ano. skill and enterprise of our merchants ther, and most distinguished refuta. and citizens at large, preeminently tion of the calumpies flung from all enterprising and intelligent as they quarters of Europe, but particularly are, have been incessantly directed. from Great Britain, on the literature When the British government, in of the United States of America. 1805, threatened to enforce what The immense resources of this they chose to summon from the vasty country for foreign trade, and its deep as the rule of 1756, the Amesupposed inability for foreign war, rican nation upanimously raised its have given such a spread and turn voice against the aggression; and to its foreign relations, as to render from all the seaport towns addresses maritime and political law, and par- poured in upon the administration, ticularly the conflicting pretensions signed without distinction of party, of war and neutrality, objects of calling upon the intervention of goespecial attention and pursuit ; ob vernment to ward off this insidious jects, which it seems, are to be at and destructive blow. The addresstained by acuteness only, without es from Boston and Baltimore, which the corroboration of force, involving were ascribed to Mr. Gore and Mr. perpetual diplomatick as well as pri. Pinkney, were, above all others, vate controversies, indefinitely diver. distinguished for the power of argusified, and infinitely magnified, by ment, and animation of language, the astonishing national alterations with which they maintained the at. that have taken place since gur en- titude of opposition it became us trance upon the theatre of sovereign to assume on that conjuncture. And states; and to which, therefore, all the present president of the United the talents of our statesmen, all the States, then secretary of state, also ingenuity of our lawyers, all the taking up the pen, and devoting to

VOL, T.

this momentous subject a greater are independent in their tenures of portion of time than any other indi. office, the law of nations is expressvidual had bestowed, soon after pub ly enjoined upon them by the con. lished his examination of the British stitution as a paramount rule of ac. doctrine, in a pamphlet, containing tion, appeals from their decisions lie a very profound and temperate dis. not to the executive magistracy, or cussion of the question; in which he any delegation of political authority; took occasion to recommend this nor is it possible for any admixture treatise of Bynkerskoek, as the most of state necessity or fleeting policy, able and impartial repository of the to infuse itself into their proceedlaw of nations. To the publicistings. and lawyer, indeed, that recommen. In England, where a system of dation was not necessary; for, though municipal law, if not perfect in itburied in a dead language, and a self, is at least so ably and invariably bad translation, yet in one or other administered, as to answer, perhaps, of those shapes, this excellent trea- all the ends of the most perfect systise was to be found in most of their tem, the organization of their admilibraries. But considering the vast ralty courts is altogether political; importance of being able, at a mo- and though politicks are a very genement's warning, to arm ourselves ral study in England, it is hardly with an authority of the first im- conceivable how little, till very pression, whose learning and good lately, that most noble and useful sense have stamped upon his work a department of jurisprudence, in sterling weight and value universal. which the law of nations is depoly recognised, and whose learning sited, was explored or exhibited. and good sense, though proof alike Such men as sir William Scott, who against bias and antipathy, have unite profound and elegant erudition nade him favourable to neutrals, with daily practice and long expeand the champion of neutral rights, rience, seem to prefer, as Sallust. we rejoice with an exceeding great says of the early Romans, optumus joy to meet him in a form so tangi- quisque facere, quam dicere; sua ab ble, plain, and pleasing as the pre. aliis benefacta laudari, quam ipse sent translation; which brings his aliorum narrare malebat: That they worth home to all men's bosoms, should perform, and others report whether learned or laymen, and pla. their performances, than to apply ces his redoubtable truncheon with their talents for the benefit of poste. in the grasp of every the shallowest rity. Hence the elements of this politician that ever grapples with an superiour science remain to this argument.

hour, untilled by English hands; and In no part of the world is the stu. amidst the abundance of their soil dy of the law of nations so general in productions of municipal law, the and essential as in this country. In law of nations lies barren and unno other part have so much pains cultivated. Some ages ago, indeed, been taken to make it a law funda. Zouch struck in with his clumsy mental and supreme; and, let the spade, and barely turned up the prejudices of Europe sneer as they earth; and nearer to our times, Lee, Tuay, in no part is it so well under. pilfering the gardens of Bynkers stood or so rigidly adhered to. The shoek, and disfiguring what he had constitution of the American admi. rudely gathered, passed it for his ! ralty courts is such as to promise own. But Zouch has got to the highgreater justice and uniformity, in est shelf, where the dust lies thick. the dispensation of international law, est, whence he is never taken down, than can be expected from any other not even for a reference or citation; similar tribunals; because the judges but reposes with the rest of the

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