the nature of an author's right; since, in whatever light we may regard it, it cannot constitutionally be protected in the same manner that a right of property is. When, however, the question 'at issue does not relate to the nature of the protection to be afforded, but to the class of authors to whom it shall be granted, the subject of the author's right seems to have still less relevancy. And this brings us to the work before us, in which Mr. Lieber argues for the extension of copy-right to foreign authors, on the ground that an author's work is his property; an argument, which, if the remarks we have just made are well founded, is nearly immaterial to the question. Of what consequence, indeed, is it, whether an author's right is that of property or of remuneration, when we are considering the propriety of extending the same protection to a foreign author, who chooses to publish his book in this country, that we accord to our own citizens? The issue raised by Mr. Lieber is entirely beside the real question; and the argument, which he has taken so much pains to elaborate, would be better employed in favor of an amendment of the federal constitution.

From what we have just said, as well as from what we have elsewhere remarked, our readers will readily infer, that we do not look upon an author's right as a right of property. We consider it as one of remuneration only; and we will add, that we know of nothing more preposterous and absurd, than the passion, (for we cannot call it by any other name), which some authors have, for calling literary works property. We desire, as much as any one, to see the rights of authors amply and adequately protected; but we beg of them not to put their claims upon the false and untenable ground of a right of property. Let us not be misunderstood. We do not mean to say, that the right of an author ought not to be assimilated by positive enactment to that of property; but we do undertake and mean to say, that, in the absence of positive enactment, it is not and cannot be so. Since we have said thus much on this subject, we will conclude our remarks, with indicating the nature and mode of investigation, which, in our opinion, it would be necessary to pursue, in order to determine whether an author's right in his work, independent of all legisla

tion, can be regarded as one of property. To do this, we must ascertain, in the first place, what are the natural attributes of property (for property exists independently of all positive legislation); and then inquire whether these attributes are to be found in a literary work. If we find them all there, we shall be authorized to say, that an author's right is one of property; but if any one of them is wanting, the author's right, whatever it may be, is surely not that of property. We ought, in justice to Mr. Lieber, to add, that his pamphlet is written with his usual ability, and contains many interesting views, which are well worth a perusal, though we cannot give our assent to the doctrines which he advances, or approve of the manner in which he investigates his subject.

2.-Reports of Cases argued and determined in the Supreme Judicial Court of Massachusetts. By THERON METCALF. Vol. I. No. 1. Boston: Charles C. Little and James Brown. 1840.

When we announced the appointment of Mr. Metcalf to the office of reporter of the decisions of the supreme judicial court of Massachusetts, we ventured to predict, that the publication of his first volume would constitute an era in the art and mystery of reporting; and, we are happy now to say, that our prediction is in the fair way of accomplishment. We will not disparage the works of any other of the numerous and able laborers in this department, (and many skilful and successful reporters there have been and are); but we can most truly and conscientiously say, that this number of Mr. Metcalf's reports exhibits all the excellencies and none of the defects (that we have yet discovered) of the other American reporters. If any of our readers should be inclined to question the truth of such wholesale commendation, we have only to say, that we have examined the number before us most thoroughly, and we intend to declare our opinion plainly and decidedly. Mr. Metcalf's predecessor was certainly one among the best of the American reporters; but Mr. Metcalf has evidently improved even upon his almost faultless model, in some respects; and, in particular, in condensing the marginal abstracts into a

narrower compass, and stating the facts of his cases somewhat more succinctly. In the typographical execution of the work, (embracing, besides the correction of the press, many little mechanical matters, which most authors think unworthy of their notice), this volume excels all other American reports that we have seen. The reputation and usefulness of the court, whose decisions are thus promulgated, will at least be sustained, if not extended, by Mr. Metcalf's labors.

3.-Reports of Cases argued and determined in the Supreme Court of Judicature of the State of Indiana. With tables of the cases and principal matters. By ISAAC BLACKFORD, A.M. one of the judges of the court. Vol. IV. Containing the cases from May term, 1835, to May term, 1838, both inclusive. Indianapolis: Printed by Stacy & Williams. 1840.

Among the best American reports, so far as the preparation of the cases is concerned, we may reckon the volumes of judge Blackford, of the supreme court of Indiana, whose fourth volume, recently published, is before us. We may add, also, that the opinions are creditable to the court and bar of that state. The notes of the reporter add much to the value of the reports. The index is full and satisfactory. We have inserted the most interesting cases in our digest of American cases, contained in the present number.

4.-Introduction to Ethics, including a Critical Survey of Moral Systems, translated from the French of Jouffroy. By WILLIAM H. CHANNING. In two volumes. Boston: Hilliard, Gray & Company. 1840.

Our readers will hardly be able to recognise, under the above title, Mr. Jouffroy's work on Natural Law, the original of which we noticed in a former number of our journal, and of which, the present work professes to be a translation. Mr. Jouffroy's work is entitled Prolegomena to Natural Right, or, perhaps, we should rather say, Introduction to Natural Law; and we are entirely at

a loss to understand, why Mr. Channing has presumed to change it for that above given. We do not see what better right a translator has to change the title of his author's book, than a printer or publisher would have. In fact, a translator is nothing more or less than a publisher of the work in a different language. There may be reasons, why a change should be made, and, if so, they should be given; but, in the present case, none whatever are assigned in the translator's long preface. We have other and graver faults, besides the change of title, with which to reproach the translator. He seems, in some instances, to have misconceived his author's meaning, and, in others, to have perverted it. We regret much, that a translation of a work like Jouffroy's should be obnoxious to the censures which we feel ourselves compelled to bestow upon this; but we cannot, in justice to the author, or to ourselves, speak in terms of unqualified commendation of Mr. Channing's labors. In our next number, we shall resume the subject, and point out instances of the defects to which we have alluded.

5.-A Catalogue of Law Books published and for sale by CHARLES C. LITTLE & JAMES BROWN. College Buildings, No. 112 Washington Street. Boston. 1840.

Since the publication of the law catalogue of these gentlemen, three years since, they have made great additions to their stock, both by reprints and new publications. But, besides a list of works for sale, the giving of which is of course the principal object of a bookseller's catalogue, this little work contains a complete list of the American reports, compiled from late numbers of the Jurist, a catalogue of English reports and republications of them in a condensed form in this country, and alphabetical lists of the American and English reporters, with the number of volumes reported by each, and the abbreviations made use of in referring to them. The prices annexed do not vary materially, we believe, from those of the former catalogue, except in the case of new editions or republications of old works. Among other new and cheap works, interesting to the lawyer, we notice the publishers' com

plete edition (indeed, the only complete one, either English or American) of Burke's works, in nine volumes, for the very moderate price of eighteen dollars.

6.-The Statutes of the State of Mississippi of a public and general nature, with the constitutions of the United States and of this State and an appendix containing acts of congress affecting land titles, naturalization, &c., and a manual for clerks, sheriffs, and justices of the peace. Compiled by V. E. HOWARD & A. HUTCHINSON. By authority. New Orleans: E. Johns & Co. 1840.

Though this work purports to be published "by authority," we are left in doubt, how, when, and by what authority, it was compiled; and, consequently, whether it would de deemed authentic. in any court of justice; which is the more to be regretted, inasmuch as the work appears to be well done. The plan of Blackstone has in general been followed in the arrangement.

7.-The Practice of the Courts of King's Bench, and Common Pleas, in personal actions and ejectment: to which are added the Law and Practice of Extents; and the Rules of Court, and modern decisions in the Exchequer of Pleas. By WILLIAM TIDD, Esq. In two volumes. Third American from the ninth London edition. With notes of recent English statutes and decisions. By FRANCIS J. TROUBAT. Philadelphia: Robert H. Small. Minor Street, 1840.

The ninth English edition of this valuable work was published by the author in 1828, with such alterations and additions as had become necessary in consequence of the enactment of several new statutes, and the publication of some eight hundred new decisions on questions of practice; and, since the publication of that edition, many important alterations have been made in the practice of the superior courts of law at Westminster, by various statutes, rules of court, and judicial decisions. The changes thereby intro