The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-10-15
NE w BOOKS.

In recent notice OF the admirable elementary
works of the Dane Professor, in Harvard, on Con-
tracts and Udrdtme Lar, we took occasion to refer
to the advantages possessed by those legal authors
who command ready access to the vast reservoir of
law learning embraced in the library of the Univer
sty In all countries where the rights of individuals
are ascertained by Judicial Interpretation of existing
| law, precedents have force altogether unknown
in social systems, where the will and the power of
the tribunal may qualify its Judgment. In this
way, principles come to be derived from de-
cisions, almost as much decisions from prin-
cples. In England and the United States
man who has not the means of ascertaining
what courts of competent jurisdiction have
pronounced to be law, cannot certainly know what
the law is While, therefore, complete law libra
ry is the advocates armory, it is the of inspi
ration OF the elementary author his Pierian Spring,
from which he not drink too deeply, and which
cannot be too full If the earnest student is entitled
to turn to any quarter for standard works on
American law, he may assuredly look to Cambridge,
where the only complete collection of law books in
the English tongue is to be found; and TO those
whose learning and experience have qualified
them to occupy the chairs of instruction at
the University, for their compilation. In fact,
in the hands of conscientious and competent
lecturer, such works will as it were, write them
selves. Nothing should be said to the student in
The class, which he might not with advantage read
In his study. A closer and more condensed state
ment OF propositions may perhaps be expected in
the printed volume than in the oral lecture; vet
the substance of both will be the same and the FORM
even, not essentially different. long experience
must moreover apprise the careful and observant
teacher of the intricate and thorny passages of
his subject and enable him to bestow particular pains
in making them straight and clear. We are, there
fore, on every account, disposed to regard the off
spring of the law professors at Harvard as born
under the most favorable auspices; nor have such
expectations hitherto been disappointed, as the
volumes, whether edited or compiled by the law
| authorities of Harvard, have obtained the highest
| consideration with the profession abroad as
we'll as at home. The work before US is intend
ed to supply the want of good systematic treatise
on the law of real property, it exists with great
er or less modification in the several United States.
This branch of English Jurisprudence, resting as it
does, on positive and artificial provisions, consti-
tutes the most abstruse and difficult part of the
science, and Is, In fact, proverbiaIy, the hardest
nut for the student to crack. Cruises Digest has
long been considered the best book on English ten
ures, but in this country large part of it is now
speaking perhaps, in antiquarian point of view.
| The work of Mr.. Washburn brings clearly be-
fore the student the state of modern American real
] law than has been previously accomplished. 1t is
written with conscientious and intelligent industry,
and, so far as it has progressed, leaves little to
be desired in the field it occupies. We adopt from
contemporary the following statement of the
scope of what the distinguished author has already
completed, and what he proposes to accomplish in
the additional volume, which is to succeed the one
| under review: ..-
''The work is divided into three books, the first
embracing the nature and quantity of estates in
| Corporal hereditaments, with their qualities and
characteristics, which constitute the volume now
published. The second book will treat of incorpor-
Gal hereditaments and the third of the titles by
(Which real property be acquired and held land
"the rules of its transmission and transfer, which
care to constitute second volume. The first book
CONTAINS chapters on the nature and classification
"ofreal property; feudal tenure and seizures; es-
"tates in fee smple estates tall estates for life
"taes by courtesy; dover; ointure; estates during
"coverture; estates for years; estates at will enan
"cies at sufferance, licences &C.. joint tates es
"tates upon condition; estates by execution, and
mortgages. The chapters follow in the order Of
"the topics here mentioned, and it will be observed
that estates first treated of in respect to their
Quantity, beginning with the largest and following
I'm the order of their Importance; then the quail
"ty OF those estates is discussed. Those topics
(Which are of the greatest practical impor
Glance treated at the greatest length The
"chapter on Dover, which is a subject of hardly
s1ess importance now than when Bacon wrote tina
cit is the common by-word of the law that the law
'favoreth three things-lfe, liberty, DOVER" occu
"pies l5S pages. The chapter upon Mortgages oc
couples 1876 pages, and will prove a very valuable
"treatise that subject. Those sections in which
"the conflicting interests of the mortgage and
"mortgagor in the mortgaged premises are consid
ered, well illustrate the authors faculty of reduc
cling complicated subject to order and harmony.
''He found the views of different courts and writers
"upon these matters hopeessly irreconcilable, but
"gained simplicity of statement by treating these
"interests as viewed at common law, at equity, and
Gas controlled by local laws and then by consider
cling the different stages or degrees of these inter
tests. There is very full and careful citation oil
Ceases in this chapter, indeed there is Throughout
'the volume. The mechanical execution of the
| 'work is excellent"
| From the same: . -.s ....
A HISTORY AND ANALYSIS OF THE CONSTITUTION OF TIE
UNITED STATES with full account of the confedera
Convention which formed it, of Judicial Decsi ons
which have construed it, with Papers and Tables illna
trative of the Action Of the Government and the PEG
pie under it, By NATHANIEL C. TOwLE, of the Wash
| ington Bar. limo. Price, s125
As an election is now approaching which may
subject the integrity of the Constitution of the
United States to test of greater severity than has
ever before been applied, it is emiuently proper
that every intelligent citizen-each of whom will
in some way be called to pass upon the questions
| which may soon arise, should carefully inform
himself of the true character of that instrument,
which is more praised than understood.
| This book gives clear and full account of the
debates in the Convention which adopted it, and of
| the plans for a Constitution proposed by Madison,
Randolph, Pinckney, Hamilton, and others. 1t re-
lates what the founders of our government said and
| wrote iu regard to it-gives an impartial history
of the various events and measures which led to its
| formation, and is a most useful and interesting
| work, indispensable to all who wish to understand
our political institutions. -r... s.f s.. r.Ha--
circular from the publishers contains a number
OF testimonials from distinguished jurists, among
which the following:
From Theophilus Parsons, LII. D. Dane Professor
OF Law in Harvard University 1sGH 81.
"This small volume embodies the results of wide
research and OF intelligent industry and contains
vast amount OF interesting and valuable informa
4
to understand the formation, the construction and
| the operation of our national Constitution"
From Hon. d. \. Dickinson, formerly U. S. SEN
ator and Governor of New York
IT have examined the general plan of the work
you propose to publish and, so far as | can judge
from the preface table of contents, and specimen
sheets before me- regard it with exceeding favor.
With your plan successfully executed, it cannot
TAIL to be eplete with interest and instruction.
| shall, for one, await its publication with anx
ety." sai 'ai
From Ticknor Fields, Boston, and for sale by
James s. Waters: t4-a.ite3 caF 400 a.
GLACIERS OF THE ALPS, being narrative Of excur
sions and ascents account Of the origin and fphe
romena Of glaciers, and exposition Of the physica
principles to which they are related By JOHN TYNDA
r. R, s., member Of the royal societies OF science o
Holland and Gottingen, &c., &C., with illustrations
/, vol. IL mo- PIP Az 1860. 30
Also: a M ,f5f - g,,-5s .r
BRIRF BIOGRAPHIES. BY SAMUEL SMILES, author Of Sell
Aelp, &C., with steel portraits. VOL, limo, PIP. 5l
! 1890 r3sr-of +. ~ "a .geEgs4 81 iS- -