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over the French. In France, all questions put to the witness by parties are first delivered to the president, and by him asked of the witness. Much, by this plan, is lost, of the extractive force and efficacy which belongs to the English mode of cross examining. By first stating the question to the president, the witness is put upon his guard, and has the whole time, during which it is repeated, to meditate a false or evasive answer. This is so well understood at the English bar, that, as often as a mala fide witness, for the purpose of gaining time, demands a question to be repeated, a skilful interrogator immediately puts-not the same question, but another; and leaves the former till he can put it again, when his respondent is once more off his guard.

In regard to the instances in which the French have thought proper to shut out the light of evidence, by declaring, that such and such classes of persons are not admissible as witnesses, it would require a more minute comparison than can at present be made, to say whether the French or the English have made the largest election of evil. To say of either the French or the English rule of exclusion, that it is inconsistent with itself, is to say nothing; for all exclusion is inconsistent with itself. The same reasons which exclude one class of persons, would be good for excluding so many more, that, if they were consistently acted upon, there would seldom be evidence left behind, sufficient, on which to establish any judicial point.

In a very rude period of fociety, men think of eftimating evidence by none but mechanical rules. Number alone decides the queftion. A certain number is fixed upon. If the fact is fworn to by that number of witneffes, it is to be held proved; if not fworn to by that number, it is to be held not proved. While this rule continues to be rigidly obeyed, one can fee a reason why a man, who may be ftrongly fufpected of an intention to give falle evidence, fhould not be heard; fince his evidence must, if admitted, be of equal force with that of the man who is ever fo likely to fpeak the truth. But, after the time when the judge is free, and accustomed to weigh the evidence which any man delivers; and to yield it credence in any proportion, or no credence at all, juft as he may esteem it to deferve; it is not easy to fee any good reafon why any man fhould be refused to be heard. The truth is, that the rule of exclufion is a rule adopted, as we have feen, in the rude ftate of fociety to which we have juft alluded, and with blind fimplicity followed, in a ftate of the human mind to which it is altogether alien.

The

* See the Old Laws as to Compurgatores, and Wager of Law, &c.

The perfons excluded by the usual rules of incompetence, are the perfons by whom, naturally, moft is known of the fubject of inquiry-the parties, or those most strongly connected with them by fympathy or intereft. The question is, whether, to receive the most valuable knowledge, blended with error, is best for a court of justice; or to give up the knowledge, that it may at the same time be free from the error? To determine this question, we have only to look how far it goes. Courts, upon these terms, have only to exclude all knowledge, to make sure of excluding all error; and to deliver infallible decisions by the strength of taking no evidence. In the business of ordinary life, the rule which guides men to prudent conduct is different. When deeply concerned to obtain accurate knowledge, they overlook no quarter, pure or impure, in which it is likely to be found. Never do they turn away from the man whom they know to be the most capable to instruct them, because he may have an interest in not telling them the truth. They only question him so much the closer. They never doubt, that if they can get but knowledge enough, however blended with error, the knowledge will afford them light of its own by which to separate it from the error. It is not when information is abundant, but when it is scanty, that it is difficult or impossible to distinguish truth from falsehood. It has been the happiness, however, of the human race, that the business of judicature has to so great an extent been hitherto conducted upon principles directly repugnant to those which experience has established as the rules of wisdom in every other department of human action.

We had many more observations to offer; but it is absolutely necessary that we should come to a conclusion. One word, however, must be added upon a point which would require a multitude, the formation, by the president, of the questions to be decided by the jury, when the evidence has been fully heard. Nothing in the least degree similar to this is known in our practice. By the English rules of pleading, as it is called; that is, by compelling the allegation on the part of the accuser to be met with a counter allegation on the part of the defendant, the question for the jury is made up, before the hearing of the evidence begins. When a crime has been committed, there are three distinguishable cases to which it is material to attend. 1. The crime may have been committed simply. 2. It may have been committed with circumstances of aggravation. 3. It may have been committed with circumstances of extenuation. These circumstances, it belongs to the law, to define and make provision for. The questions framed for the jury by the French legislators, are respectively adapted to these three cases; and point them out, with

VOL. XVII. NO. 33.

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precision,

precision, to their attention. The English have only one vague, general question, by which they are all blended and confounded together. Guilty, or Not guilty, admits no consideration of circumstances; circumstances are not submitted to the cognisance of an English jury; and, in truth, are but little the object of English judicature at all. The judge, indeed, may sometimes take them into consideration in his sentence, but, in most cases, he can do nothing; and, at all events, it is infinitely desirable that every thing which ought to be done in a criminal prosecution, should be positively enjoined by the law.

The advantages of decision by the majority of a jury, as compared with unanimity, would require, and would repay a very full elucidation. But this we must at all events postpone till another opportunity: and, in the mean time, we cannot do better than refer such of our readers as really take an interest in such discussions, to the writings of Mr Bntham, who, with all his dogmatism and irreverence for existing institutions, has treated the whole subject of legislation with a spirit, a precision, and a profundity, which entitle all his suggestions to the most deliberate and respectful consideration.

ART. V. The American Mineralogical Journal, for January,
February, and March 18:0, conducted by Archibald Bruce,
M D.. Professor of Mineralogy in the University of the State
of New York. Vol. I. No. I. 8vo. PP. 62.
New York,

18.0.

A r a time when the science of Mineralogy is rapidly advancing in favour and consideration among the Academicians of Europe, we open, with uncommon interest, a volume which announces its dawn in America. Dr Bruce, the editor of the Journal now under consideration, thus makes known the plan and purpose of the undertaking.

The object of this work is to collect and record such information as may serve to elucidate the Mineralogy of the United States; than which, there is no part of the habitable globe which presents to the mineralogist a richer, or more extensive field for investigation.

Of the utility of a publication of this kind, much might be said. It may, however, be sufficient to observe, that nothing has contriButed more to increase and diffuse Mineralogical information, than the periodical works on the Continent of Europe, particularly those in Germany and France. At the present perice, when such land. able exertions are making to improve and extend the manufactures of our own country, a knowledge of the mineral productions, on

which so many of the useful arts depend, and with which nature has liberally supplied us, becomes particularly desirable.

In order, therefore, that the design may be carried into effect, communications from those gentlemen who may have directed their attention to this interesting branch of science, are respectfully solicited, particularly such as may relate to the Geology and Mineralogy of particular districts; the history of Mines, their products, methods of reduction, and improvements in Metallurgy generally; descriptions of individual specimens, their constituent principles, localities, and uses to which they may be applied; mineral waters, their situation, analysis, and use in the arts, and in the cure of diseases, &c. A part of the work will be appropriated to such information as may be derived from foreign and domestic journals.

A number will be published quarterly.'

Though we have infinite veneration for the privilege which exempts all periodical, and especially all quarterly publications, from the jurisdiction of Reviewers, yet we hope to be excused for this one encroachment on it, in the case of a Transatlantic jour nal, wholly dedicated to science, and of which we have nothing but what is favourable to communicate.

The first article contains the description of some minerals collected during a tour to Niagara in 1809. It is written by Dr Mitchell, professor of natural history and botany. Among all the methods adopted for the purpose of conveying mineralogical knowledge, perhaps there is no form of composition more pleasing than that of a catalogue raisonné. It was this which gave such popularity to the work of Baron de Born, published at Vienna in the year 1790, one of the most useful and entertaining treatises by which mineralogy, in its infancy as a science, was illustrated. Baron de Born's enumeration, however, possessed the advantage of embracing a system for the classical arrangement of the specimens he described. Dr Mitchell's communication to the American Journal, offers merely a descriptive catalogue of certain minerals found in the region of Niagara, and along the banks of the Mohawk river. The two first words of it bespeak a foreign idiom, characterizing, as might be expected, the Anglo-Ameri can language, in which this Journal is written. The author begins by saying, These picces were collected during a tour in the summer of 1809;' and soon afterwards, describing a specimen of black flint, he adds, such as abounds in the Seneka prairies. Other examples, proving the alteration to which our language has been exposed, chiefly by the introduction of Gullicisms, may be noticed in the rest of the Journal; resembling expressions found in American newspapers, where, for a ship taken,' we read of a ship captivated.' So much for the style. It now remains to say a few words concerning the system pa

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tronized by the mineralogifts of New York, previous to our further examination of the contents of their Journal.

It is a fact, too well known to require illuftration, that the mineralogifts of Europe at least, are divided into two contending fects, the followers of the French, and of the German profeffors. The latter, with Werner at their head, are at all events the most active and firing; and, like the Methodists of the day, make every thing fubfervient to the propagation of their opinions. They preoccupy the public journals by their notions and nomenclature; tamper with the dealers; compofe gratis catalogues for public auctions; confederate with chemifts; intrigue for the appointment of their own pupils to public ftations; form focieties; diftribute prizes; and carry on a correfpondence with every country in which mineralogy is cultivated. We must not be furprifed, therefore, if we find the earliest appearance of the science in America, partially, although flightly, obfcured by their influence. The general afpect is however good; and we may venture to hope, that, as the light increafes, the fogs will diffipate. In our opinion, the advancement of mineralogical knowledge will be found commenfurate exactly with the diftance to which it leaves the unintelligible jargon of the Oryctognosie' of Freyberg. Much has been lately effected by the exertions of our own profeffors; and, more than all, by the wholefome expofition and pointed ridicule of the celebrated Chenevix, who, having acquired an indifputable title to pafs judgment on the plan of inftruction adopted by Werner, by having himfelf attended during his whole courfe of lectures, published his renunciation of the German fyllem, and its utter inadequacy to purpofes of fcience.

To return, therefore, to the immediate object of discussion.-Dr Mitchell's list of minerals extends only to twenty-four substances. The two first are specimens of slate and fetid limestone, from the falls of Niagara. In describing the third, a crystallization of the carbonate of lime, he says the angles of the rhomboidal crystals are all oblique.' We are at a loss to conceive any other than oblique angles' of a thomb. The nature of the fourth substance is not ascertained. The fifth is pronounced to be calcareous rock, carrying crystals resembling dog-tooth spar.' The sixth, a piece of the same rock, charged with iron pyrifes.'

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* If we are not misinformed, the valuable collection of Mr Greville, now in the British Museum, narrowly escaped a classification into floetz traps, transition grünstones, and a thousand other fine, things, equally unknown to the collector, through the zeal of the geognosists who had found their way into that magnificent repository.

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