New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-30

teis on him. There lie no trial for him Il there
not Is there no prrson rave the heavy pile Of MS
con work, with lie CRATES and bars Of iron VIA,
think you this blue vault Of hesvsn aud toe grass
gro~n earth of the orld to the and the sense
guilt Ever the sentence of desth is sounding in bis
ears. Upon hi. bed 10 dreams, 10 the helplessosss Of
her slumber Rose slseps beside him. The eyes of
death are on him-blood on his hsnd-destb in hi.
heart Where is bis place on earth Who viii
point /. out for him who viii msintsin him 10 il
who will assure it to him There is no rect for pr
timer Maurice E. fugitive and g vag ,boad be
goes seeking his place Of rest and shelter-snd for
evermoIe lie seeking it; and he shall never find H.
a considerable portion of the work is devo: led
to the religious experience Of young Catholic
maidep, Stella Cannon, who. after vibrating un-
certainly between the nurnery and mitrinony,
finally becomes the wife OF the old philantar ,p.t,
with whom We have before made acquaintance.
The character of this person lie depicted wi b
communists effect, ard the discussion Of high
questions to which she gives occasion, will. BY
paDy rsader', be deemed the most valuable fes-
tuie Of the story. Without sgresins with this
opinion, We think the sketch of Stella Canm N
exhibits 70 ordinary acquaintance with the work
Des ofthe human mind, and presents an incontes-
tble evidence of the creative skill of the writer
REPORTS OF CASES ARGUED AND DETERMINED
CITY AND CouSTY OF SEw.YosK' BYE pshs.
FIELD SMITH. svc., pp s7l. jacob r. H-lsted
The value of this volume to the legal profession
depends in the opinion of the editor on the pos ion
of the Court of Common Pleas, by the side of the
Supreme Court, of the highest Courts of orgi.
nal jurisdiction known to the laws of the Sta.e-on
its character as an appellate tribunal, by which its
decisions Influence the judges and practitioners in the
lower Courts-and on the fact, that with the excep-
ton Of a small volume, Issued by EDWARD Living.
SION in 1908, no regular reports Of the Court have
ever been published. The work contains report of
cases decided between the year 1850, and January,
1853, with the addition Of several cases of earlier
date ard those relating to the subject Of Lien up to De-
cember, 1854. The reputation OF Mr.. Smith as an
able Counsellor, is guaranty for the diligence aud
ssgacity with which he has performed his task while
its technical merits must be left to the judgment of
the p, OF. scion.
A certain degree Of popular interest, unusual in
volumes rs oicing in lightcolored sheep, is given
TO the work, by an elaborate historical essay by
Judge DAILY on the Judicial organic alton offhe State,
from the time of its first set ement by the Dut: in
1923, TO the adoption of the State Constitution of
1876. This essay prepare with special reference
10 the Court of Common Pleas; but il also nclld
O lucid exposition Of the administration of justice in
tie vsrious trbuI ais Of the State, from the earliest
period of its colonial existence. On this point of the
history of New-York there has heret fore been
great deficiency. The colonial times have remained
in dun cbscuriiy. SMITH hurres over that epoch, in
few psges-GRAHAM merely copies Snith-snd,
indeed, since the time of that historian no attempt
has been made thoroughly to investigate the subject.
L So
at London and at the Hague have brought to light
many valuable manuscript! documents, which, with
the ucicious arrangement aud classification Of DR..
OCALLAGHAy, are preserved, in an accessible form,
in the State Department at Albany. These autaori-
ties have been freely used by Judge DAILY in pre-.
pairing his essay and their most important results
bodied in clear and systematic narrative. The
lover of antiquities will find in it many curious facts
illustrative not only Of the state of jurisprudence in
the early age of the Colony, but Of the social con-
dition of the people. OF the old Dutch tribunal,
during the administration of STuYvEsAyr, Judge
DAILY remsrks:
"The proceedings Of this tribunal or as IL was De.
nominated "the worshipful Court OF the Schout
Burgomsster and Scberens," were all recorded by
their Clerk, or Secretary and, every thiog that
took place before 1.-THE nature of the claim or OF
the oieLse the statements of the parties the proof
signed for twas carefully noted and written
down, these records supply full account of the
whole of it's proceedings, and furnish inter-
esting exposition of the habits and manners of the
people Upon perusing ihem, il is impossible not 70
be struck with the compret ensive knowledge they
display of the principles of juri.prudence aud with
the drectness and simplicity with which legal inves
LEGATIONS were conducted. In fact. as means of as
cerariIg truth, ard of doing substantial Justice,
their mode of proceeding was infinitely superior to
the more tecbnicsl and artificial system Introduced
BY their English SUCCESSOR. None OF these Magis-
tra,es were of the legal profession. They were ell
ergsged in agricultural, trading or other pursuits
and yet they appear to have been weDveised in the
Dutch law, and TO have been IN Oroughly acquainted
with the commercial usages, customs and municipal
regulations Of the city Of Amsterdam. THIS is the
more remarkable, as knowledge OF the Dutch aS
st that period was by means Of eesy acquisition.
Though the principles and practice of the civil Law
prevailed in Holland, il was greatly modified by
arceDt ussges some of them Of feudal origin. Others
the resut of free institutions, which had existed from
tie earliest period and il had enQrafted upon it
number of public regulations or ordinances, eman.
atiDg from the different provinces, a. distinct and
partly independent sovereigntes, which had origi-
mated either euda privileges or sprung up during
Spanish domL stioD or were the result Of the long
struggle and many political changes which the Low
Countries had passed through before the general
estabshmen of free Institutions In every town and
villsge in Holland, moreover, there existed usages
and customs peculiar TO the place, which had the
force of law and were not only different in different
towns but frequently directly opposite. The Datch
law in fact, was then kind Of irregular mosaic, in
which might be found all the principles a. well ~ the
Details of most enghte system Of Jurisprudence;
but in form 80 consused as TO make it exceedingly
difficult to master it. That these Msgisr ties should
have had any general practical acquaintance win
such system ct all, was scarcely to have been eH-
pected; but that they had is apparent not only from
The manner in which they disposed OF the ordinary
controversies that came before them, but in their
treatment of difficult questions as to the rights OF
s sneers their familiarity with the complicated Laws
of Inheritance and the knowledge they displayed OF