A sound, that with the fretting stream, And ever, as the mounting sun And then the melody was high, A solemn, tempered tone, that gave And ever, as the loftier swell Still loftier grew the master song, Silent and cold, I saw thee lay The breath of Spring to thee was balm, But when the hills are bleak and bare, P. SONG. WHERE, from the eye of day, The dark and silent river Pursues through tangled woods a way The silver mist, that breaks H. W. L. STANZAS. AND canst thou not accord that heart in unison with thine, I found thee, yet a modest flower-an infant of the spring, The smile which hung upon thy lips, in transport with their tone,— My life has been a dream of light, of loveliness and love, R. D. CRITICAL NOTICES. Town Officer, or, Laws of Massachusetts relative to the duties of Municipal Officers; together with a Digest of the Judicial Decisions of the Supreme Judicial Court upon those subjects. By ISAAC GOODWIN, Counsellor at Law. 1825. 12mo. pp. 336. Worcester. SOME months have elapsed since we first proposed to devote a place among our shorter criticisms to the volume whose title is transcribed above. We had loaned our copy to a friend in Court street, and at the late fire it shared the fate of many better books. We do not mean by this, that this book is bad; on the contrary, we think it comparatively good,-but not so good as it might be. "Freeman's Town Officer" has been in the hands of the public more than twenty, almost thirty years; and deficient as it is in its materials and its method, still it has been too long and too generally useful not to deserve an honourable mention from us in this place, or from any one who undertakes to speak of works of this kind, or of the very peculiar character of the corporations and municipal governments which they are primarily intended to serve. In 1811, there appeared a new Town Officer, by Rodolphus Dickinson, Esq., compiler of "Beauties of the Bible," and of "Dickinson's Justice," both useful and respectable publications. In his Town Officer, Mr Dickinson improved upon Freeman, by adopting an alphabetical arrangement of titles, and by subdividing these more distinctly into chapters. If there were a new edition of this work, embracing the changes which have occurred in the laws and decisions relating to the government and affairs of towns, together with some further practical forms, it would still be a valuable book. During the last year two new "Town Officers" have been published; one by John Bacon, Esq., since deceased, and the one whose title stands at the head of this article. Mr Goodwin has adopted the plan of Mr Dickinson, or rather, we may say, the plan of every author of digests and abridgments, from Brooke to Bigelow; and he has done his work more thoroughly than any of his predecessors. We should like, however, to see this book somewhat reduced in size, not by leaving out any thing, for we would sooner add than omit; but by shortening many things. We do not see the necessity or propriety of preserving the precise phraseology of the statutes. It would be cheaper, plainer, and more convenient to set down only the legal effect, or settled meaning; and not the precise tenor of them. An example will best illustrate our meaning. The following is the substance of section 9, chapter 50, of the act of 1785: "For the choice and appointment of assessors, and for assigning their power and authority." Mr Goodwin, as usual, has printed it nearly verbatim from the statute book; we say nearly, because he does leave out about half a dozen words, just enough to admit in theory, the principle which he generally rejects in practice. We think that this portion of the law, in the form into which we have hastily thrown it, is clearer; and we know that it is much shorter, than in that given by Mr Goodwin. Duty of Assessors before making an Assessment. Assessors, before making an assessment, shall give seasonable warning to the inhabitants, either at their meetings, or by posting up notifications in public places, or in some other way, to bring in lists of their polls, and of their personal and real estates, (except such as are exempted by law from taxation) which they were possessed of, at such times as the general court shall direct. Persons who shall fail to bring in such list, shall not be permitted to apply to the Court of Sessions for an abatement of their taxes, unless they show that it was not in their power to bring in said list. If the assessors suspect falsehood in the list, they may require an oath that it is true. The list thus sworn to, shall be a rule for the assessors, unless they discover errors in it, and then they shall assess the articles kept back. We do not say that it is desirable to apply this process of compression to every law, and part of a law; for example, the laws against idleness, drunkenness, gaming, lasciviousness, and other immoralities; and those providing for the education of youth, and enjoining upon presidents, professors, and tutors of colleges, preceptors, and teachers of academies, and all other instructers, to inculcate upon children and youth "the principles of piety, justice, and a sacred regard to truth; love to their country, humanity, and universal benevolence; sobriety, industry, frugality, chastity, moderation, and temperance, and those other virtues which are the ornament of human society, and the basis upon which the republican constitution is structured [erected]." These and other statutes on similar subjects cannot be improved by any abridgment or change of phraseology. They speak with a simplicity and an energy in favour of virtue, and education, and order, which are to be found in the laws of no other nation of ancient or modern times. They are precious memorials of the wisdom, virtue, piety, and patriotism of our puritan ancestors, which it would be both unwise and ungrateful not to cherish. Such laws are very properly transferred entire into the work before us; but others, by far the greater number relating merely to times, forms, and other things, which are in themselves indifferent, and have been declared to be right. or wrong merely from a principle of public convenience,-these, we think, might be advantageously abridged; and we hope to see them so, when Mr Goodwin shall publish a second edition. Notes on the Origin and Necessity of Slavery. Charleston, S. C. 1826. 8vo. pp. 48. THE literary execution of this pamphlet is decent; but the occurrence of the phrase "data is correct," and the frequent repetition of the words grade and locate, do not allow us to suppose for a moment, that it is the production of a very classical pen. It shows research and reflection, however, which demand respectful attention. It contains very brief and rather unsatisfactory notices of slavery as it has existed in different periods, from the days of Abraham to the present time, and an attempt to demonstrate its necessity, a priori. We certainly could listen to an argument in favour of tolerating slavery, where it is already deeply rooted, without prejudice, and we believe that most of our readers would do so; but we live in too high a latitude to be quite prepared to hear it gravely argued, that slavery is necessary to a more perfect state of society. If the author means only to say, that in a civilized society, it is necessary that some should work while others think, or rather that some should perform manual labour, while others perform mental labour, he has without doubt the truth of the case. But the necessity of performing manual labour does not alone constitute an individual a slave, even though the wages of his labour be no more than sufficient to supply his daily bread. Who reclaimed the bleak hills of New England from a state of nature to a comparative state of fertility, and covered them with flocks and herds? Not slaves! but a hardy yeomanry, who laboured, indeed, but who felt as independent as the lord of a thousand slaves. Who are now sweeping the wilderness before them as they go westward through Ohio, Indiana, and Illinois, and causing cities, and colleges, and temples to rise up as by enchantment? Not slaves; no, surely, not slaves; but the independent proprietors of the soil they redeem, whose noble spirits never knew to cower, and who feel as free as the air they breathe. If the author means, as we suppose he must mean, to assert and to prove that it is necessary to a civilized state of society, that it should be unalterably determined by extrinsic circumstances at a man's birth, whether he shall be forever a slave or a freeman, or even the less offensive question, whether he shall belong without hope or fear of change to the class of workers or the class of thinkers, we believe that it would not require the wisdom of a Socrates to refute him. He |