But wherefore? say, does not thy heaven-blest soil In times like these that starts the patriot tear Where heaven-sent freedom took her last firm stand. To charm from faction's cause the simple throng, From luxury's snares to guide her prosperous race, Lo, his lov'd country, her defence and fame! Marking a splendid course, look'd up to hear From converse with the immortal wise and good, Whose real presence claim'd his solitude, When to his friends he turned with looks serene,His looks announced perpetual calm within,How more instructive grew each social theme! With what new thoughts did every subject teem! His fluent reason seized the wandering thought, And back to truth and taste from errour brought; Within their minds, like dew upon the field, His more than mortal meanings were instilled; Hence, thoughtless whence the quickening force derived, Their noblest powers but by his culture thrived. Fondly their best propensities he'd tend, But most the growths of liberal lore commend. Oh with what care he'd guard the blooming round, Shakes not its trunk, though whirlwinds drive the blast; Graceful each branch, and low its summit bends. How frequent I his well-known door have sought, Though health yet claimed no pause from studious thought; Urged him, from classick themes, or legal toil, To roam as taste or fancy might beguile? Strayed we where wealth convenes the sons of care? He'd teach to prize a well-stored mind c'en there! If rural fields, the sun-bright day, we trod, Oh, there I learnt to adore the works of God! And thence with furtive ear that knowledge glean, Taught me that fortitude, which....ah, my breast! But stay my thoughts, nor range so near those scenes, That wake anew thy own peculiar pains. In vain...I see each loved memorial start, Rush at the hint, and occupy my heart. Still, still my hollow bosom swells with sighs, How quick the tear-drops gather in mine eyes! They ask that friend, whose ever-opening heart Was filled with all that nature could impart ; Whose glowing soul a brighter landscape drew Than even nature to the poets' view. How oft, alas, at summer's earliest hour, Ere light had tipt the city's highest tower, To where the morning broke, with golden light, Upon the distant mountain's utmost height, Together have we hied; with hasty tread Wound through the pathless grove or misty mead, Loitered adown the winding green lane, hedged With wild-rose briars, or with myrtles edged; Till from the pasture, scorched with noon-tide heat, The birds chirp faint, the panting cattle bleat; Then to the woodlands wild we'd bend our way, In converse sweet there talk away the day : There would I list that voice, whose silver tongue Leaf-touching breeze or warbling brook out-sung. That voice, as pure as is the faintest swell Of sweet love's lute, returned from echo's cell. Ah, now, like harp of dying bard, unstrung it lies; But list! it breathes a strain still sweeter in the skies. Now must I haste, for solace of my woe, Where sleeping worth the willowy shade endears; Oh, there I'll haste to bend o'er WALTER's urn, Though friends at distance watch with deep concern; Or with the world, the heartless world, conceive, Madness alone can thus sincerely grieve. And though,-for such as friendship ne'er carest, How can they feel for the bereaved breast ?— Though foes, with thoughtless ridicule, profane Which e'er was known to be of gentlest kind, And thence the bay and rooted laurel bear, For the Anthology. HESPER. MILD Star of Eve, whose tranquil beams. And only to the Moon's clear light All hail, thou soft, thou holy Star, No savage robber of the dark, No foul assassin claims thy aid To point his dagger to his mark, My gentler errand is to prove THE BOSTON REVIEW FOR FEBRUARY, 1807. Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, que eximenda, arbitrarer. Nam ego dicere vero assuevi. Neque ulli patientius reprehenduntur, quam qui maxime laudari merentur. PLIN. ARTICLE 5. A Summary of the Law of Set-off: with an appendix of cases,argued and determined in the courts of law and equity upon that sub. ject. By Basil Montagu, Esq. of Gray's Inn, Barrister at Law. New-York: I. Riley & Co. Lexitypographick Press. 1806. pp. 123. 8vo. THIS Summary treats of that branch of jurisprudence, which relates to the law of set-off. The author has collected the principles and cases into a small compass, and has treated the subject with good judgment. The paper on which this work is printed, the binding, and the typographical execution are much inferiour to many editions of law books, which have been published in the UnitedStates, and are in these respects, vastly beneath the London editions.* If our printers and book-binders wish to raise the character of their respective crafts, they must submit to a little more labour in their vocations, and perhaps to sacrifice a small portion of their immediate • Messrs. I. Riley & Co's editions have been usually very favourable specimens of American work, and very deserving of encouragement. gains. They ought to be particularly attentive to editions of works in the science of the law, as the reputation of these,even as authorities, is injured by the appearance of negligence in the typographical part of their execution. The gentlemen of the bar are accustomed to pay a high price for professional works, as they are intended for study and reference; and it is because of the superiour fidelity,neatness and strength of English editions, that those of our own country are not more encouraged. In reviewing this Summary, we shall condense the contents into a small compass, that we may present to the profession a concise view of a system, which in Great-Britain approaches very near perfection, and which is but partially known and in use in this commonwealth. This must likewise supply the place of critical remark on the author and the work, to which however they are not liable. The work is divided into two books: the first is appropriated to set-off at law, the second contains a few decisions on set-off in equity; the first book contains two sections, the first of which relates to set-off at common law, the second, to set-off by statute. |