if we were so disposed. But the practice may be considered as beneficial. There may be reasons, respecting the allowance of costs, which in the minds of referrees would very properly have weight, although they could not be admitted in a court of law. It may appear to them, that a creditor has unduly harrassed his debtor for a trifling demand, or has brought his action before the cause of action had accrued. Many other reasons may be conceived. It was therefore both legal and expedient that these referrees should take the subject of costs into their consideration, and make their award concerning them. The court having accepted the report were bound by it, and ought to have followed it in rendering their judgment. There is no doubt then that their judgment is erroneous. As the error extends to part of the judgment only, it must be reversed for that part, and will remain good for the rest.

Let the judgment be reversed for three quarters of the costs: and as the error was of law, and

not of fact, the plaintiff in error is

not entitled to costs.

ART. 47.

A voyage to the eastern part of Terra Firma, or the Spanish Main, in South-America, during the years 1801, 1802, 1803, and 1804. Containing a description of the territory under the jurisdiction of the captain-general of Caraccas, composed of the provinces of Venezuela, Maracaibo, Varinas, Spanish Guiana, Cumana, and the island of Margaretta; and embracing every thing relative to the discovery, conquest, topography, legislation, commerce, finance, inhabitants, and productions of the provinces, together with a view of the manners and customs of the Spaniards, and the savage as well as civilized Indians. By F. Depons, late agent of the French government at Caraccas. In three volumes. Vol,

I. with a large map of the country,c. Translated by an Amer ican gentleman. 8vo. vol. 1 pp. 248. New-York, Riley & Co. and Brisban & Brannan.

THIS work is very interesting to the American publick. Our commercial connexions with some of the Spanish dominions, though illicit, have been profitable to us, and favoured by the colonists: but we are always desirous of ascertaining the secret springs of a machine, and therefore shall search these volumes for a knowledge of the unhappy policy, that restrains honourable traffick, and encourages smuggling. In the state of this particular division of the Spanish empire late events have conspired with the intrinsick value of the country to engage us. Without inquiring, whether the designs of Miranda were known to our government, or whether he would have been successful, had he proceeded directly to his place of destination, before the Chevalier d'Yrujo could send advices of his projects, we may wonder at the undertaking to establish a new empire with a force of eighty or a hundred undisciplined Americans.

The Introduction, translated by Dr. Mitchill, is an abstract of the author's work with an exposition of the defects of all other accounts of this country. He begins:

The work, which I offer to the publick, has no other foundation than truth, nor any ornament but that which is derived from correctness.' He then shews the abundant productions of the colony, which in the hands of an enterprising people, might be increased a hundred fold.

This sketch, which is rather below than above the truth, proves that there are few regions to which nature has been so lavish of her

The writer enjoyed the best opportunities for acquiring the information he details to us, and explains the reason of the long ignorance, in which the world has rested, not only upon this, but other parts of the empire of Spain.

How has it happened, that the

statistical account of a country so rich, extensive, and near to Europe as Terra Firma, is to this day so imperfect, while that of regions the most distant and difficult of approach, affords all the particulars that history can desire? It is because no nation repels with so much vigour from its possessions beyond the seas, every thing which is not of its own blood or descent as the Spanish. No stranger can tread in the districts of the Spanish possessions, especially on the American continent, far less become a resident in them, without an express permission from the king. This is very difficult to obtain, except for excursions which have no other object than to enlarge the domains of natural history. On the other hand, the eastern part of Terra Firma not working any mines, no Spaniard has been found willing to devote his talents and his vigilance to the description of a country, which the whole nation, greedy of mines, considers as but an indifferent possession.' P. xxi.

Following the introduction we find an excellent map, which has long been a desideratum. Of this we hope American geographers

and historians will take due advantage.

The first chapter contains the history of the discovery of the country; its settlement by missionaries; their repeated expulsion; military expeditions; conquest of the interior; and foundations of cities. The first part is too well known to be transcribed; for who cannot trace the course of Columbus, Ojeda, and Vespucius? Over the latter we have hurried, as over a field blasted by the fire of heaven; for who is unwilling to forget the atrocities of the Spanish soldiery? The author blames Las Casas, whom we have usually esteemed the patriarch of the Indians, and the true apostle of the divine religion he taught them.

The second chapter is geographical.

The country which I have undertaken to describe is the same as that which forms the captaingeneralship of Caraccas. It comprehends the province of Venezuela in the centre, the government of Maracaibo on the west, Guiana on the south, the government of Cumana on the east, and the island of Margaretta on the north-east.' P. 50.

The description of the lake of Maracaibo is very satisfactory. A remarkable account of a mine on its borders may be worth extracting.

To the north-east of the lake, in the most barren part of the borders, and in a place called Mena, there is an inexhaustible stock of mineral pitch, which is the true natural pessaphalte. (hix montana.) When mixed with suet it is used for graving vessel's.

The bituminous vapours which are exhaled from this mine are so night phosphorick fires are contineasily inflamed, that during the ually seen, which in their effects resemble lightning. It is remark

iety, as we did at first, lest the neighbouring inhabitants may some day be deprived of their lake by its instantaneous departure on its subterranean voyage by increased outlets.

In the account of the rivers we are little interested. He says the river Guigues is sixteen leagues west of Coro. For west read east. Of the ports we learn, that Porto Cabello, usually called by us Porto Bello, is the finest harbour in America, and La Guira one of the

worst.

The port of La Guira is more frequented than any other upon the coast, and, at the same time, the least deserving of such a preference. Its road is always so open to the breeze, that the sea there is kept in a state of continual agitation, and the violence of the winds frequently occasions damage to the ships which ride at anchor. The surge is very prevalent here, which joined with the winds, contributes greatly to augment the inconveniences of this port. The depth of water does not exceed eight fathoms at the distance of one quarter of a league from the beach. The continual agitation of this road renders loading and unloading tedious, expensive, and difficult; sometimes even impossible. But that is not the only objection that can be made to it; the surge acts with the same violence at the bottom, as on the surface of the water: by which agitation the sand being stirred up and raised from the bottom is carried along by the current, and deposited upon the anchors, till they are in a short time so deeply buried under it, that before the expiration of a month, it is impossible to hoist them; they either break their cables, or are under the necessity of cutting them. To avoid the certain loss which would thus be incurred, every vessel is obliged to hoist anchor once every eight days. All that is necessary to be added to the sketch I have already given of

this place, is that the worms commit greater ravages in the port of La Guira than in any other. P. 90.

The description of the passage to leeward of Trinidad, called from its difficulty the Dragon's mouth, is particular, and may be useful.

The gulf of Paria has Terra Firma on the west, and Trinidad on the east. From these two lands, on the north, two points jut out, between which are two islands, lying, with regard to these two points, due east and west, so as to close the gulf on the north, leaving, however, a sufficient space between them to form four openings, called the mouths of the Dragon,by which it discharges the superfluous waters. The largest, being two leagues broad, is that on the west between Point Paria of Terra Firma and the island of Chacachacares; on the west it is interspersed with rocks; but as they are all visible, and may be approached without danger, the navigator can easily keep clear of them. This is not the case with a rock, which just emerges from the surface at two cables length from the island of Chacachacares; its approach would be attended with some risk. Between the last island and that of Navios is a second mouth smaller than the first, called the Vessels. Its channel lying from N. to S. E. renders it very good for the going out, but very bad for the entrance of ships. The third is formed by the isle of Navios on the W. and that of Monas on the E. It is called the mouth of Huevos (Egg'sMouth). Its direction is from N. N. E. to S. S. E. It is much more convenient to enter than to go out.

The fourth is between that island and the point that is most to the W.S.W.f of the island of Trinidad. It is called the mouth de Los Monos, (Monkey's-Mouth) without doubt, because it is narrower, and more difficult, on account of a rock in the middle of it, which, from its position, occasions a continual commotion, at the same time + W. N. W.

It should be three.

them from receiving the taint of European corruption. From the 7th of August, 1584, no person has been permitted to go to the WestIndies, unless he could present authentick information with respect to his morals and good behaviour.' But strangers, we are told, experience greater difficulties in settling in the colonies of Spain, than her own subjects. Yet the author tells us, that one article of the royal order permits residence for a tax of four hundred dollars, and another allows naturalization for a little less than four times that sum. Now, as none but merchants have any desire to settle in the Spanish colonies, and strangers are subject to many inconveniences, or, in other words, naturalized subjects enjoy great privileges, this fine would be readily paid by such, as expected to insure a fortune from the indulgence. But experience falsifies these calculations. The Spaniards are more jealous of intruders than the guardians of the golden fleece. We find on p. 110 some observations, which would support our conclusions without the abundant evidence we receive from American merchants :

The great difficulty of getting settled in the Spanish colonies naturally excites in the breast of a foreigner, who is in pursuit of fortune, a desire of making a permanent establishment there. Some have fallen, and do fall, daily on the means of eluding the law, either by cunning address, or by the indulgence of the governours or commanders of the places to which they resort. If they are totally inactive, if they lead a life of indigence, intemperance, or, what would most recommend them, of abject beggary, they may remain without molestation, under the humiliating protection of Spanish contempt. If they practise some trade or profession, they are liable