his family is injured by it: but the purchaser is perfectly free, and has the whole profit of the contract. The advice of the chief consul prevails; and the code orders that, if the property be not sold for five twelfths of its value, the seller shall be entitled to an action for the rescision of the sale, though he has expressly renounced his right to this action in the contract of sale: but the action must be brought within two years after the contract; and the law extends only to the sale of real property, and to no sale by public auction.

In civil concerns, imprisonment is confined to some cases of gross fraud, and of gross breach of trust, which are particularly enumerated. In all cases of debt, the person of the debtor becomes free by his making over all his property to his creditors: but this does not extinguish the debt; so that the future acquisitions of the debtor are still liable to the demands of his creditors. We think that this legislative provision deserves the serious consideration of every country in which imprisonment for debt is allowed. It is obvious that this imprisonment inflicts wretchedness on the sufferers, deprives the public of their industry, and makes them a heavy and destructive weight on the state: while the Napoleon Code restores them to comfort, gives the public the benefit of their toil, and frees the state from the burthen. Surely, then, the addition of physical and mental strength, which a state acquires by the abolition of imprisonment for debt, must be very great; and this advantage should not, for want of reflection, be presented by us to Bonaparte.

.

Towards the close of the second volume, we have an interesting discussion on the registration of mortgages. By the Roman law, no publicity of a mortgage was necessary for its validity; and it should seem that the law of France required this publicity, as necessary for the legal validity of a mortgage.

In our opinion, the Napoleon Code does honour to the persons by whom it was compiled. The general arrangement of the work appears to be very good: the divisions and subdivisions seem to be produced by the subject; and the attention of the reader easily follows them. The style is unaffected, ner

vous and clear, and is perfectly free from the metaphysical subtlety and pomp of phrase with which the Institutes of Justinian are truly reproached. It evidently was the object of the compilers to effect a simple system of legislation; and, so far as we are able to judge, they have attained their object. The Discussions are also creditable to the parties, and the first consul appears no where in a disadvantageous light. We certainly discover nothing assumed or overbearing in his manner; his expressions are sometimes quaint, and his language and turn of thought have occasionally something of that peculiarity which marks his state papers: but generally his conceptions are just and his language is clear, and he is always inclined to take the liberal side of the question. If the literary intercourse between the countries could be renewed, we shall endeavour to furnish ourselves with such works as will enable us to lay before our readers a complete view of the Napoleon legislation.

Review of Hillhouse's Amendment to the Constitution of

the United States.

[From the Edinburgh Review, vol. 12, 1808.]

Propositions for amending the constitution of the United States of America, submitted by Mr. Hillhouse to the senate of the United States, on the 12th day of April 1808, with his explanatory remarks. 12mo. pp. 60. Washington and New-York, 1808. .

HIS is one of the works which mark, in a striking man

THIS

ner, the difference between a new and an established government. Mr. Hillhouse, a soberminded and experienced senator, representing the most sagacious and least revolutionary state in the union (Connecticut), comes forward with a series of propositions for newmodelling the general government, and changing the functions both of the executive and of the higher branch of the legislature; and those propositions are deliberately canvassed, and ordered to be printed by authority of the senate, for the general information of the country, Such discussions would be regarded on this side of the Atlantic as the immediate precursors of a radical revolution; while, in America, they are universally considered, not only as perfectly innocent, but as laudable and salutary. The contemplation of these things may teach us some lessons; and at a time when the foreign relations of these rising communities excite so general an interest in Europe, we think it our duty to lay before our readers whatever may tend to throw light on their internal condition. With this view, we shall present them with a slight analysis of the little pamphlet before us, premising a short account of the constitution which it is intended to reform.

At the close of that unfortunate contest, which terminated in the independence of the British colonies, the first object that engaged the attention of the citizens of the newly created empire was the government they were in future to live under. The body, under whose auspices the war had been conducted was nothing more than an assembly denominated the congress, composed of delegates from the several states, who, without pretending to any authority over the individual citizens, or even over the states in their collective capacity, issued recommendations to the different legislatures, which, being the suggestions of wisdom and patriotism, and given at a period of alarm and danger, were in most instances implicitly obeyed. The functions of this government, however, naturally ceased with the conjuncture which gave it birth. On the return of peace, its recommendations were disregarded; and it was soon discovered, that if the union of the states was to be preserved, a more efficacious government was indispensably necessary.

In the organization of the state governments no great difficulty was experienced. Under the old regime the greater part of the colonies had been governed by a house of assembly chosen by the people, together with a governor and council appointed by the king. The only alteration, therefore, that was required by the revolution, was to transfer to the people that portion of authority which had hitherto been exercised by the sovereign. In addition to the house of assembly which they had always chosen, they elected, in most of the states, a council under the name of a senate, and an executive, deno'minated the governor; and with these alterations the state governments resumed their functions.

The establishment of a national government, however, was obviously a much more arduous undertaking. Their separation from the mother country having deprived the states of the common prop on which they had hitherto rested, they were naturally led to lean towards each other; but not having, as in the case of the state governments, any model to direct them, it became a matter of much uncertainty how the connexion of the states was in future to be maintained. The state

governments were buildings already erected, which, in consequence of the revolution, merely changed their inhabitants; but the fabric of the national government was to be built from the foundation, on a plan which was yet to be devised and considered. Some common government seemed necessary to the welfare of the union; but how this government was to be constructed, how far its powers were to encroach on the separate sovereignty of the states, and to what objects these powers were to be directed, were all matters of very nice and difficult arrangement. The opinions of the citizens of the United States on this momentous subject, were as various as might be expected from the variety of interests, of prejudices and passions, which must necessarily exist in such a community. Some called in question even the necessity of union; others, admitting the necessity of a common government, maintained that this government ought to be purely federal, and in no respect national; that is to say, that its ordinances should be binding only on the state legislatures, and not on the citizens individually considered. A third party asserted the expediency of a government exercising authority over the whole mass of the population. With respect to the nature and constitution of the organs, by which the powers of the general government were to be discharged, the difference of sentiment was equally great. In order to reconcile their discordant opinions, and obtain some form of government, without which it was apparent that the United States, as a nation, could no longer exist, a convention was held at Philadelphia in the year 1787, composed of the most illustrious citizens of the union, and dignified with the presence of Washington and Franklin. After having deliberated for several months, this august assembly at length produced the constitution which was soon afterwards adopted; and under which the United States have, for twenty years, been advancing to power and opulence, with a rapidity unexampled in history.

The best account of this constitution, is to be found in a publication called the Federalist, written principally by the late general Hamilton; a work little known in Europe, but which exhibits an extent and precision of information, a pro