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ral question of warranties of kind or quality.—By GULian C. VERPLANCK.

The plan of this treatise may be considered as original. It gives a general view of the several heads of contracts of mutual benefit, such as sales, insurance, &c. &c. as they have been regulated by the rules of Common Law, and the decisions of Equity, both here and in England. A similar view is then briefly given of the civil law, of the old and new French systems of jurisprudence, and the other codes derived from that of Rome.

The plain morality of these cases, without reference to external and positive law, is next investigated; and on this subject both speculative moralists and lawyers, and men of business, have entertained very discordant opinions.

The author concludes by applying to the Law the principles which he thinks are the clear decisions of conscience and common sense in private morals; shows how far they have already, in effect, been adopted and acted upon, and how far deviated from, or contradicted, in our jurisprudence.

The main object of the essay is to establish a few general and consistent principles, which, while they mark out the line of right and wrong in private conscience, as to sales and bargains, may also serve as sound, practicable, and uniform legal rules, upon a subject where there is now no little uncertainty, and the greatest contrariety prevailing between the several parts of the same sytem.

As this sheet was going to press, a friend placed in our hands, a pamphlet consisting of thirty-six pages, just printed in this city, and entitled a "Poetical Paraphrase of Select Portions of Scripture." The General Convention of the Episcopal church in the United States having determined on a version of the Psalms and Hymns used in their service, a Committee was appointed for that purpose to report to the next convention. These paraphrases are stated by the author to have been prepared with a view to be submitted to this committee. The author thinks, that, for the purpose of psalmody, besides Psalms, or versified translations of the Hebrew Psalms, and Hymns, and devout original compositions, there should be another class comprised of paraphrases, or metrical versions of the more poetical and devotional parts of the Scriptures. He has accordingly paraphrased, with more or less freedom and originality, many passages from the Old and New Testaments, especially from the prophets and the less argumentative parts

of the epistles. The idea is a good one, and to judge from the two or three specimens which we have had time to read, the execution is also very creditable to the author.

THE POET.

Look at that high and marble brow,
The hair thrown back as if in ire;
Look at that cheek, how red its glow,"
How bright those eyes with living fire!
Those parted lips-they seem to speak;
And yet no sounds the silence break.

What are thy thoughts; rapt mortal, tell—
Thou deign'st not unto us reveal?
Do they on earth, sea, heaven, dwell?
O tell me, for I fain would steal
Some spark of thine, since we are—nay,
Frown not-both kindred of the clay.

On earth-and think'st thou, selfish one,
For me no herb or blossoms grow,
No birds salute the youthful sun,

No rainbow seasons come and go?—
Oft have I risen at midnight deep,
When nature look'd too fair to sleep.

The sea-I've heard the sailor boy

Sing gaily from the high mast-head;
Far down the depths I've hail'd with joy
The unknown land of the lost dead:
And I have seen and learn'd to scan
Thy paths-thou dark Leviathan!

On heaven-are all yon stars of gold
Marshalled by God each night for thee?
When he the world's bright chart unrolled,
Was no sweet isle marked out for me?
O thou dost err-those skies so blue
When I am dead shall be mine too.

Then think not, friend, I cannot share

The thoughts that lie too deep for speech,

For though at me no vulgar stare,

The deep-drawn sigh no lady fetch ;
Still will I hope with thee to claim
The Poet's fortunes and his fame.

N.

DEATH ON THE PALE HORSE.

Mr. Dunlap's third great picture, "Death on the pale Horse," having recently appeared before the public, and having attracted very general attention, our readers may be gratified by a short description of the work, which is all we can at present give. In our next number we will enter into a more minute and critical examination of its merits.

It is avowedly founded upon the design of Mr. West, but painted without any knowledge of Mr. West's picture, except the very small outline published some years ago in the PortFolio.

The painting now under consideration is 20 feet in length, and the figures in the foreground at least 6 feet 6 inches in height. The strength of light, shadow, and colouring, is proportioned to the magnitude, and the effect produced is decidedly beyond that of any picture we have seen.

The centre is occupied by the King of Terrors on his pale horse, darting his destructive lightnings in every direction, and trampling on his victims with unrelenting fury. Immediately in his path is a domestic groupe, who, in the pride of youth and health, are blasted by the breath of the demon-horse. A beautiful female, a wife and mother, sinks dying, though supported by her husband, and evinces, in her last agony, the mother's tenderness, by clasping her arms about her children. Her daughter is endeavouring to assist her, and her infant son has sunk dead from her embrace. This is the great point in the picture.

The left of the picture is occupied by the white, the red, and the black horses, with their respective riders; and the right, by a most spirited combat between men and the beasts of the earth, in which the latter are victorious.

Our limits do not permit us to enter more into detail, but we shall take an early opportunity of giving our opinion of the merits and demerits of this very uncommon composition.

NEW PUBLICATIONS.

Arts, Science, and Philosophy.

A Manual of Electricity; containing Observations on the Electrical Phenomena, and Directions for the Construction of Metallic Conductors; &c. By William King, Medical Electrician, and Lecturer on Electricity and Galvanism. Newbern, N. C.

Biography.

Memoir of the Life of Richard Henry Lee, and his Correspondence with the most distinguished Men in America and Europe, illustrative of their characters, and of the events of the American Revolution. By his grandson, Richard Henry Lee, of Leesburgh, Virginia. 2 vols. 8vo. Philadelphia. H. C. Carey, and I. Lea, Chesnut-street.

Drama.

The Forest Rose, or American Farmers. A Pastoral Opera. In two Acts, as performed at the Chatham Theatre, New-York. By Samuel Woodworth, Author of the "Deed of Gift," "Castle of Olmutz," "Widow's Son," &c. Music by John Davies, Esq. New-York. Published at the Circulating Library and Dramatic Repository, No. 4 Chamberstreet, 1825.

Education.

Dufief's Nature Displayed. Adapted to the Spanish language. 2 vols. 8vo. New edition. New-York. Printed for and sold by the Author. A Theoretical and Practical Arithmetic, in which the principles of that science are clearly and fully explained; being intended as an introduction to the higher branches of Mathematics. By Bezout. Enlarged, and adapted to the use of young Traders, Bankers, &c. &c. By F. Peyrard, ex-professor of Mathematics and Astronomy of the Royal Bourbon College, &c. &c. Translated from the French; improved and adapted to the currency of the United States. By Noble Heath. 8vo. New-York. S. Wood & Sons.

History.

Napoleon and the Grand Army in Russia; or, A Critical Examination of Count Philip de Segur's Work. By General Gourgand, late First Officer of Ordnance, and Aid-de-Camp to the Emperor Napoleon. "Render unto Cæsar the things which are Cæsar's " Translated from the French by a Gentleman of Philadelphia. Philadelphia, Anthony Finley.

Law.

Post-office Law, Instructions and Forms, published for the Regulation of the Post-office. Printed for the General Post-office. City of Wash ington. Way & Gideon.

The Doctrine of Constructive Larceny considered, as developed in the recent Case of George Tyson, the Stock and Exchange Broker, who was tried at the Mayor's Court for the City of Philadelphia, at the March Session, in 1825. By Charles B. Mumford, Esq. of the Philadelphia Bar. Philadelphia.

Miscellaneous.

Catalogue of an extensive collection of Books, lately imported from London, embracing all the various branches of Literature, together with

Sporting Prints, Books of Caricature, &c. &c., and for sale by H. C. Carey & I. Lea, 8vo. Philadelphia.

Remarks on changes lately proposed or adopted in Harvard University. By George Ticknor, Smith Professor, &c. Cummings, Hilliard & Co.

Ming's Hutchins' Almanac and Ephemeris of the motions of the Sun and Moon; the true places and aspects of the Planets; rising and setting of the Sun, and the rising, setting, and southing of the Moon, for the year of our Lord 1826, being the second year after Bissextile, or Leap Year, and 50th year of American Independence, till 4th July. NewYork. Alexander Ming.

Wood's Almanac for the year 1826. Calculated for the latitude and meridian of Baltimore, by Josiah Sharpe. Baltimore. S. Wood & Co.

An Examination of Mr. Dufief's Philosophical Notions, with a Criticism upon his System and Mode of Teaching Languages. In four LetBy John Manesca. New-York. Clayton & Van Norden.

ters.

The Inquisition Examined. No. IV New York.

The African Repository and Colonial Journal. Vol. I. No. 6.

Novels.

The Mysterious Picture, by Wrangham Fitz Ramble, Esq. 1 vol. 8vo. New-York. Collins & Hannay.

Orations and Addresses.

An Oration pronounced at Middlebury, before the Associated Alumni of the College, on the evening of commencement, August 17th, 1825. Published by Request. By Nathan S. S. Beman. Troy. Tuttle & Richards.

An Oration and Address delivered before the Palmetto Society of South Carolina, in Commemoration of the Defence of the Palmetto Fort, on Sullivan's Island, (June 28, 1776.) By William Crafts. 8vo. Charleston, S. C. A. E. Miller.

A Discourse delivered on the 4th of July, 1825, in the city of Washington, by Ralph R. Gurley. 8vo. Washington.

A Lecture delivered at the opening of the Medical Department of Columbia College, in the District of Columbia, March 30th, 1825, by Thomas Sewall, M. D Professor of Anatomy and Physiology. Washington City, Printed at the Colombian Office. October, 1825.

The Address of the Executive Committee of the American Tract Society to the Christian Public, together with a brief account of the formation of the Society, its Constitution and Officers. New-York. D. Fanshaw.

Periodical Literature.

The North American Review, No. 49, October, 1825. New Series, No. 24. Boston. Cummings, Hilliard & Co.

The Museum of Foreign Literature and Science, No. 40, for October,

1825.

The New-York Literary Gazette, and Phi Beta Kappa Repository. Published weekly. Edited by James G. Brooks. New-York. C. & G. Carvill.

The United States Literary Gazette, Vol. 3, Oct. 1, 1825, No. 1. Boston. Cummings, Hilliard & Co.

The Boston Journal of Philosophy and the Arts.

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