which comprehends fuch portions of the English common law, exifting prior to the 4th July, 1776, as were applicable to our circumftances, political condition, and relations, and have not been fince changed or abrogated either by the primary and conftitutional law of the land, by the acts of the ftate affembly, or by the laws of Congrefs, which are obligatory on the people as citizens of the Union. The principles of general mercantile law are incorporated into the body of our jurifprudence as a common law, and conftitutes a part of our municipal law. The lex parliamentaria is part of the law of England, and parliament is in general the fole and exclufive judge and expofiter of its own privileges. In the fame manner Congrefs and the state legislatures, exercifing the legislative powers of their refpective governments, are poffell ed of certain privileges and powers of a fimilar nature. All of them have certain rules and regulations for governing and conducting their own proceedings. Thefe conftitute what may be termed our lex parliamentaria, or our parliamentary law. Our courts of juftice have alfo their peculiar and established rules for their own government. Thefe tribunals poffefs powers, which are effential to their exiftence and prefervation, and they, as well as the officers, enjoy certain and appropriate privileges necellary to them in their refpecfive fpheres. All thefe rules of right, fays our author, enter into the compofition of the law of the fand, and being either portions of the English common law, or cuf toms and ufages of our own, an alagous thereto, and fanctioned by long experience, they may collectively be confidered as our common law. Having thus defined what he understood by the common law, the writer proceeds to detail the hiftory of the common law trial by jury. He obferves that its origin is of great antiquity, even time out of mind. The moft profound and learned refearches of the English hiftorians and lawyers have not enabled them to date with any certainty the origin of the inftitution in England, fuppofed even to be coeval with the government itfelf. Its establishment and ufe in England, whatever be its date, has been fo highly estimated by the people, and fo tenacious have they been of preferving fuch a vital part of their birthright and freedom, that no conquest or revolution, the mixture of foreigners or the mutual feuds of the natives, have at any time been able to abolish or fupprefs it. In magna charta it is more than once infifted on as the principal bulwark of Englifh liberty, and it has been estab lifhed and confirmed by English parliaments no less than fiftyeight times fince the invafion by the Normans, a circumstance unprecedented with relation to any other privilege. Independently of the ufe of this trial in England, the writer obe ferves that Traces are perceived of the ancient ufe of Juries in France, Germany and Italy; all of whom had a judicial tribunal, compofed of twelve good men and true: And in Sweden, where the regal power was formerly very limited, the trial by Jury was in establified ufe, till the middle of the feventeenth century. Sir William Temple remarks, that veftiges very inftitutions of Odin or Wodenthe first leader of the Scythians, Afiatick Goths, or Goeta, into Europe; and founder of that mighty kingdom round the Baltick fea, from whence all the Gothick governments in the northwestern parts of Europe were derived. Hence it is known to have been as ancient in Sweden, as any records or traditions of that kingdom-Nor is it improbable that the ancient Swedes, and the founders of other northern nations in Europe a are not wanting of this trial, from the nong whom jury trial obtained, may have borrowed the inftitution from the Ro man polity. The Normans, long accuftomed to Jury-trial, are fuppofed to have brought it into England with them, together with other juridical inftitutions of their own country; although it had been used among the Saxon-English, long before the conqueft. About the fame period, too, the inftitution of juries is recognized as an established ufage, in Germany, by the laws of the emperor Conrad II-He decreed, that none of his fubjects fhould be deprived of their Benefice, unless according to the custom of their ancestors, and by the judgment of their peers. Such, then, is the origin' of Jury-trial, as it obtained among our anceflors. From them, we derived the Right: And judge Patterfan has emphatically styled it—“ a fundamental lar, made facred by the Conflitution"-a law, which “cannot be legiflated away." Our author proceeds to introduce many authorities from the journals of the old Congrefs to prove how effential to their liberties that venerable body of statesmen confidered the trial by jury. On the 20th Oct. 1774, Congrefs afferted the claim of the American colonies to jury trial as a "great right," and afterwards introduced into the declaration of rights an unanimous refolution, that the refpective colonies are entitled to the common law of England, and more especially të the great and inestimable privilege of being tried by their peers of the vicinage according to the courle of that law. This, fays the fame Congrefs, provides that neither life, liberty, nor property can be taken from the pofieffor, until twelve of his unexceptiona ble countrymen and peers of his vicinage, on a fair trial and full inquiry, face to face, in open court, before as many of the people as choose to attend, fhall pass their fentence upon oath against him. The attempt of the British parliament to deprive the American people in many inftances of this mode of trial, was one of the moft ferious grievances complained of by that Congrefs; and a charge reiterated against that government nearly two years after in the declaration of independence. Many gentlemen in the general convention, which formed the conftitution, voted against that inftrument, becaufe there was no exprefs provifion fecuring the tight of trial by jury in civil as well as criminal cafes; and in order to allay this jealoufy, the people very early engrafted into the amendment an article fecuring this right in all fuits, where the value in controverfy fhould exceed twenty dollars. The people of Pennsylvania, in framing their conftitution, used the moft clear and precife language, that could be devifed, for fecuring the right, as it exiited at that moment, in its fullest extent to themfelves and their pofterity. "The trial by jury," fay they, "fhall be as heretofore." From the plain import of these words, fays the writer,it is obvious,that any new Tribunal whatever," for the decifion of facts, without the intervention of a jury," which fhould be erected fubfequently to the adoption of the conftitution, would be a violation of the right of jury-trial: and, that every extenfion of the jurifdition of the then exifting judiciary tribunals, acting without the intervention of a jury, either as to the measure and objects of fuch jurifdiction-or, as impeding or obstructing the difcretion which the citi zens might choose to exercife, in respect to the mode of alerting or defending their rights, as well as in feeking redrefs for, or vindicating themselves against wrongs-would be equally an infringement of the conftitution. (To be continued.) MONTHLY CATALOGUE OF NEW PUBLICATIONS IN THE UNITED STATES, FOR DECEMBER, 1804. NEW WORKS. THE Portsmouth Mifcellany, or Lady's Library improved: defigned as a reading Book for the Ufe of young Ladies' Academies. Prepared and published by Charles Peirce. Portsmouth. 1 vol. 12mo. Reports of Cafes argued and adjudged in the Supreme Court of the United States in Auguft and December Terms, 1801; and February Term, 1803. By William Cranch, affistant Judge of the Circuit Court of the District of Columbia. Vol. I. The Memoirs of the American Academy of Arts and Sciences, vol. 11. part 2d. Containing Mr. Bowditch's new Method of Working a Lunar Observa tion; an astronomical Problem by Theophilus Parfons, Efq.; Mr. Winthrop's Remarks on an Eclipfe of the Sun seen at Jerufalem not long before the Death of Herod; Mr. Dearborn's Defcription of an improved Steel-yard; Mr. E. Wrights' Method of finding the Area of a Field arithmetically; Mr. Pope's Description of his Orrery; Mr. Peck's Defcription of four remarkable Fishes, with a Plate; Dr. Holyoke's Remarks on meteorological Obfervations, and Bills of Mortality; Rev. President M'Keen's Deductions from felect Bills of Mortality; Mr. Bennet's Account of a Water-fpout in Watuppee Pond; Dr. De Witt's Account of fome of the mineral and foffil Productions in the State of New York; Rev. Dr. Lathrop's Account of the Effects of Lightning in recent Instances, and of mephitick Air; Mr. Baldwin's Obfervations on Electricity and an improved Mode of constructing Lightning-Rods; Dr. Putnam's ReVol. I. No. 14. Mmmm marks on Mr. Baldwin's improved Mode &c.; Dr. Thacher's Obfervations on the Manufacture of marine Salt, with a Defcription of the Salt-works in Maffa chufetts; Mr. Platt's Procefs for making Cider; Mr. Winthrop's Account of an infcribed Rock at Dighton, with a Plate representing the Infcription; Dr. Rand and Dr. Warren's Account of the Diffection of three Perfons, who died of the Yellow-Fever; Rev. Mr. Willis's Account of the Ufe of the Oil of Tobacco in the Cure of Cancers -- with feveral other Articles. Bofton. 8vo. An Inquiry into the law Merchant of the United States; or Lex Mercatoria Americana on feveral Heads of commercial Importance. Svo. An Abstract of thofe Laws of the United States, which relate chiefly to the Duty and Authority of Judges of inferiour State Courts, and Justices of Peace, throughout the Union. By Samuel Bayard, Efq. Tranfactions of the American Philo fophical Society. Vol 6, part 1. The understanding Reader, or Knowledre before Oratory. Defigned for the Ufe of Schools. By Daniel Adams. Science of Sanctity, according to Reafon, Scripture, Common Senfe, and the Analogy of Things; containing an Idea of God, of his Creations and Kingdoms, of the Holy Scriptures, of the Chriftian Trinity, and the Gospel Syf tem. By Thomas Fefienden, A. M. paftor of the Church in Walpole, N. H. A Hiftory of Virginia from its first Settlement to the prefent Day. By John Burk. In 4 vols. 8vo. Printed at Petersburg. 1ft vol. publifhed. Elements of Life inthe Laws of vital Blacktone's Commentaries; with No.es and Reference to the Conftiterion" and Laws of the federal Government of the United States, and of the Commonwealth of Virginia. By St. George Tucker. 5 vols. 8vo. Pofton. Published by F. Nichols, for W. Welis. The Merchant's and Ship-mafter's ready Calculator, and the complete pocket Ailiitant, for all Perfons concerned in the Freight of Goods. Comprehending an accurate Set of Tables, cxhibiting at one View the folid Coutents of all Kinds of Packages and Caks according to their feveral Lengths, Breadths, and Depths. Alfo, Rules for determining the Contents of all Sorts of Carks in Wine and Beer-Measure. By J. Goodfellow. Boston. West & Green Jeaf, and John West. An elegant Edition of the Holy Bible, in 4 vols. 8vo. printed on fine wove Paper, and a large Type. Philadelphia. The Doctrine of Predeftination unto Life, explained and vindicated in four Sermons, preached to the Church of Chrift, meeting in Brattle-ftreet. By Win. Cooper, one of the Paftors of faid Church. 2d Edition. Bofton. Lincoln. Marthall on Infurance. 1 vol. 8vo. Boston. Manning & Loring. Bachan's Family Phylician. 1 vol. 8vo. Worcester. Thomas, jun. Moral Tales, by Maria Edgeworth, Author of practical Education. 2 vols. 12mo. Philadelphia. For Humphreys. Anacharfis' Travels in Greece. 3d and 4th vols. Philadelphia. S.Johnfon. Chriftian Philofophy, &c &c. By Vicefimus Knox, D.D. 1 vol. Philadelphia. The Citizen of the World, by Goldfmith. 2 vols. 12mo. Philadelphia. Conrad. The Elements of Euclid; corrected by R. Simfon. I vol. 8vo. Philadelphia. Conrad. IN THE PRESS. The Alcoran of Mahomet. Worceffer. Thomas, jun. Zollikofer's Sermons on the Dignity of Man. Worcester. Thomas, jun. The Gamefters, an original Novel, by a Lady. Bofton. Milton's Paradife loft and regained. 1 vol. Charlestown. S. Etheridge and C. Stebbins. BY SUBSCRIPTION. The Poems of George Hartwell Spierin. pp. 150, --12mo. Charteston, S. C. A new, correct, and elegant Map of the United States of America; including part of Louifiana. Compiled from the latest Obfervations, and most correct Surveys. Revifed and corrected by Of good Carleton, Efq Teacher of Mathematicks. Bofton. PAMPRI ETS A Narrative of the religious Controvery in Fitchburg. With Comments on a Pamphlet, entitled "Facts and Documents," &c. Published by the Church under the late Care of the Rev. Samuel Worcester, and general Remarks The Work is defigned to defend the Rights of private Christians, to advance the Order, and frengthen the Connexion of the Churches. Worcester. Ifaiah Thomas, jun. pp. 71. Two Sermons, on the Christian Sabbath; for Distribution in the new Settiements on the United States. By Jofeph Lathrop, D. D. Pastor of the Firft Church in Weft-Springfield. A Difcourfe before the Society for propagating the Gospel among the Indians and others in North America, delivered on the 19th of January, 1804. By John Lathrop, B. D. Paftor of the Second Church in Bofton. BoЯton Manning & Loring. A Sermon, preached before the Maffachusetts Millionary Society, in May, 1804, at their anniversary Meeting. By Abiel Holmes, of Cambridge. Cambridge. Hilliard. The Rev. Dr. Mafon's Oration, on the Death of General Hamilton; pronounced before the New York Society of Cincinnati. Miscellaneous Pieces of original Compofition, on religious Subjects, in verfe By Freeman Hearfey. Bofton. Lincoln. Sampfon against the Philistines; or an Inquiry into the prefent Mode of conducting Law-Suits. Philadelphia. Duane. A Defence of the Measures of the Adminiftration of Thomas Jefferfoa, Wafhington. Samuel H. Smith. Coleman's Collection of Facts and Documents, relative to the Death of of General Hamilton. Lyfander's Statement of the late Affair of Honour between General Hamilton and Colonel Burr. New York. A Sermon, preached before the Convention of the Congregational Minifters in Boston, May 31, 1804. By Nathaniel Emmons, D.D. Paftor of the Church in Franklin. Bofton. Manning & Loring. A Sermon, delivered in Boston, May, 30, 1804, before the Maffachusetts Baptift Millionary Society. Being their 2d Anniverfary. By Thomas Baldwin, D.D. Minifter of the Second Baptist Church in Bofton. Bofton. Lincoln. A Sermon, delivered at Scituate, October 31, 1804. By Henry Ware, Paftor of a Church in Hingham. Bofton, New Catechifm: Compiled and recommended by the Worcester Affociation of Minifters for the Inftruction and Improvement of Children and Youth. Worcester. Thomas. An Oration, delivered at Conway, July 4, 1804, being the Anniversary of the Independence of America. By the Hon. Samuel Taggart, Member of Congrefs. Northampton. Butler. An Oration, delivered on the Anniverfary of Independence, at Conway, July 4, 1804. By Elder Jofiah Goddard. Northampton. Wright. An Oration, pronounced at Weftford, on the Anniversary of Independence, July 4, 1804; by Rev. Edmund Fofter, Paftor of the Church in Littleton. Bofton. Adams & Rhoades. An Address, delivered to the Pupils of Henry Dean's Writing-school, at their first annual Exhibition. By Nathanael Fisher, Rector of St. Peter's Church Salem. Jofhua Cuthing. A Sermon, preached at the Inftallation of the Rev. John S. Popkin, in the First Church in Newbury; by the Rev. John Peirce, of Brookline. To which are annexed, the Charge by Dr. Barnard, of Salem, and the Right Hand, by the Rev. Mr. Andrews, of Newburyport. A Difcourfe, delivered at Providence, September 6, 1804, before the Female Charitable Society for the Relief of indigent Widows and Children. By Theodore Dehon, Rector of Trinity Church, in Newport. Providence. Heaton & Williams, An Eulogy, delivered at the Funeral of Rev. Prefident Willard, by Samuel Webber, Profefior of Mathematicks and Natural Philofophy, together with the Prayer of Dr. Lathrop; and a Sermon, delivered the next Lord's Day after the, Interment, by Abiel Holmes, A.M. Paftor of the Firit Church in Cambridge. Cambridge. Hilliard. A publick Lecture, occafioned by the Death of the Rev. Jofeph Willard, s.T.D. LL.D. Prefident of the University in Cambridge. By Eliphalet Pearfon, LL.D. Hancock Profefior of Hebrew. A Sermon, preached at Trinity Church, December 9, 1804, on the Death of the Right Reverend Samuel Parker, D. D. Bishop of the Protestant Epifcopal Church in Mallachulet's. By John Sylvefter J. Gardner. Boston. Gilbert & Dean. A Sermon, preached at Dennis, April. 39, 1804, at the Interment of the Rev. Nathan Stone. By Ephraim Briggs, A. M. Boston. The Philadelphia Medical Museum; for July, Auguft, and September, 1804, being No. 1 of vol. 1ft. Conducted by John Redman Coxe, M. D of Philadel phia. Containing original Communications of the Hiftories of Difeafes and Remedies, Eflays upon Chemifiry, and other Branches of Science. The fecond Number of the Literary Mifcellany, for October, 1804. Cambridge. Hilliard. The 1ft Volume of the Maffachusetts Millionary Magazine, and 7 Numbers of the 2d, have been published by Enfign Lincoln, Boston. The Maffachusetts Baptift Miflionary Magazine, for September 1803, and for May and September 1804, have been publifhed by Manning & Loring, Bofton. The Beauties of Church Mufick, and the fure Guide to the Art of Singing; by William Cooper. Alfo, The Sacred Musician, and Young Gentleman's and Lady's practical Guide to Mufick; by Ebenezer Child. Bofton. Manning & Loring. |