flourishes and merchants abound So ftriking is the effect of these different fituations on the vigour and happiness of human life, that in the one population would languish did it receive no aid from emis grations; while in the other it increases to a degree fcarcely ever before kown.'

Having given a number of advices for the prefervation of liberty to the Americans, Dr. Price earnestly recommends to them the abolition of perfonal flavery.

In conclufion our author fays:

Such is the advice which I would humbly (but earnestly) offer to the United States of America.-Such are the means by which they may become the feats of liberty, fcience, peace, and virtue; happy within themselves, and a refuge to the world.

Often, while employed in writing thefe papers, have I wished for a warning voice of more power. The prefent moment, however aufpicious to the United States if wifely improved, is critical; and, though apparently the end of all their dangers, may prove the time of their greatest danger. I have, indeed, fince finishing this addrefs, been mortified more than I can exprefs by accounts which have led me to fear that I have carried my ideas of them too high, and deceived myself with vifionary expectations. And fhould this be true-Should the return of peace and the pride of independance lead them to fecurity and diffipation-Should they lose those virtuous and fimple manners by which alone Republics can long fubfiftShould falfe refinement, luxury, and irreligion fpread among them; exceffive jealoufy diftract their governments; and clafhing interests, fubject to no firong controul, break the federal union-The confequence will be, that the fairest experiment ever tried in human affairs will mifcarry; and that a REVOLUTION which had revived the hopes of good men and promifed an opening to better times, will become a difcouragement to all future efforts in favour of liberty, and prove only an opening to a new fcene of human degeneracy and mifery.'

If in thefe obfervations of Dr. Price he fhall appear to fome to have indulged an ardour of hope beyond what they can go along with, let them recollect, as the doctor advises, the late difcoveries in fcience, and the contagion of example, which pervades the minds of men, as electrical fire is rapidly communicated from body to body, and they may perhaps be encouraged to raise their expectations to the fublimity of that writer's. The fcripture takes notice of an evil heart of unbelief. Our author may be faid to have a good heart of hope. And it is certainly more noble and praife-worthy to look forward to glorious probabilities and even contingencies, than by the coldnefs of fcepticifm to damp the ardour of all human exertion. But fuch it seems is the active and restlefs nature of the human mind, and fuch the neceffity of motion in all human affairs, that if they do not go forward they must go backward. The revolution therefore across the Atlantic, which muft operate fo powerfully

on

on the ftate; and if we may fay fo, the conftitution of the world, muft needs either promote its vigour and happiness, or precipitate its decay and ruin.

In one inftance * we find our author venerable for a well fpent life, affuming the privilege which is due, and not indecorous at his years of modeftly digreffing a little to himself, but still keeping in view his main fubject. This is not difgufting but rather pleafing; and on the whole this performance is diftinguished by the capacious views of a great, a candid, and a modeft mind, and with the kindly affection of a good man who fincerely wishes well to the whole human race.

*In thinking of myself I derive foine encouragement from this reflection. I now fee, that I do not understand many points which once appeared to 'me very clear. The more I have inquired, the more fenfible I have been growing of my own darkness; and a part of the history of my life is that which follows.

In early life I was ftruck with BishopBUTLER's Analogy of religion natural and revealed to the conflitrtion and courfe of nature. I reckon it happy for me that this book was one of the firit that fell into my hands. It taught me the proper mode of reafoning on moral and religious fubjects, and particularly the importance of paying a due regard to the imperfection of human knowledge. His fermons alfo, I then thought, and do ftill think, excellent. Next to his works, I have always been an admirer of the writings of Dr. CLARK. And I cannot help adding, however ftrange it may feem,' that I owe much to the philofophical writings of Mr. HUME, which I likewife ftudied early in life. Though an enemy to his Scepticism, I have profited by it. By attacking, with great ability, every principle of truth and reafon, he put me upon examining the ground upon which I ftood, and taught me not haftily to take any thing for granted. The first fruits of my reading and studies were laid before the public in a Treatife entitled A REVIEW of the principal Queftions and Difficulties in Morals. This publication has been followed by many others on various fubjects. And now, in the evening of a life devoted to inquiry and spent in endeavours (weak indeed and feeble) to ferve the best interests, prefent and future, of mankind, I am waiting for the GREAT TEACHER, convinced that the order of nature is perfect; that infinite wisdom and goodness govern all things; and that Chriftianity comes from God: but at the fame time puzzled by many difficulties, anxious for more light, and resting with full and conftant affurance only on this ONE truth-That the practice of virtue is the duty and dignity of man; and, in all events, his wifeft and fafeft courfe.'

ART.

ART, XVI. A Treatife of Courts Martial. To which is added an Effay on military Punishments and Rewards. The third edition, with additions and amendments, by Sephen Payne Adye, Efq. Captain of the Royal Regiment of Artillery, Major in the Army, and Deputy Judge-Advocate to his Majefty's Troops ferving in America, 8vo. 3s. 6d. boards, Murray, London.

IT is fomewhat remarkable that the men of the law have treated very imperfectly of courts martial. They even feem to have avoided this fubject; and the moft diffule fyftems of jurifprudence may be turned over without any material advantage with regard to this topic. This circumftance ftruck our author very forcibly, and induced him to engage in the prefent undertaking. This we learn from the advertisement he has prefixed to his book.

'Little has been written upon the fubject of courts-martial; and that little is imperfect. My way of life made me turn my atten tion to it; and I became defirous of fupplying a deficiency that was known and palpable. It was my wifh to be as full and complete as poffible; and my best efforts have not been wanting to give utility and importance to my work. I have availed myself of every information I could obtain from books, and have joined to it the knowledge I had procured from actual experience. With regard to my language, I have endeavoured to be clear rather than florid: and, contented with being understood, I have left to men of letters the prize of eloquence.'

Our author being defirous to exhauft his fubject is fufficiently methodical. He devotes his firit chapter to a detail of the origin and progrefs of martial law in England. He then endeavours to defcribe the power and authority of courts-martial, as at prefent established. In his third chapter he treats of Courts of Inquiry. Proceeding in his fubject he examines into the nature of regimental and garrifon courts-martial. He now explains the fubject of appeals; the duties of a judge-advocate; the diftinction between principals and acceffaries; and the means and method of bringing offenders to justice.

Having recorded the general objects of martial law and military courts, he turns his attention to the manner of proceeding against offenders. He defcribes particularly the arraignment and its incidents; the feveral pleas a criminal may employ; and the nature of challenges. He treats of evidence and witneffes; and he allots a chapter to the giving a verdict or opinion, and the paffing of the fentence.

In the ftructure or plan of his treatise, our author is certainly fortunate; and we perceive not that he has omitted any topic which ought to have employed his fcrutiny. His information appears to be ample and fatisfactory; his judg

ment

ment is critical and diftinguishing; and to the gentlemen of the army and the law his work must be peculiarly valua-le.As a fpecimen of his merit we fhall fubmit to our readers, what he has obferved concerning appeals.

Having in the former chapter mentioned appeals from regimental to general courts-martial, I fall now proceed to confider the nature as well as the extent of them.

From its having been enacted and delared by the 12th claufe of the mutiny act, that no officer or foldier, being acquitted or convicted of any offence, fhould be liable to be tried a fecond time by the fame or any other court martial, for the fame offence, unless in the cafe of an appeal from a regimental to a general court martial, doubts have arifen with refpect to the nature and extent of appeals. To fix their proper bounds is a matter of a very delicate and interefting nature, as well with regard to the foldier as the fervice! Should it be understood that appeals are of right due in all cafes, much inconvenience might enfue, as confcious offenders would be induced to appeal, merely for the fake of delaying punishment, and would be most apt to do fo, when there was either an impracticability, or great difficulty of convening a general court martial; and yet on the other hand, it may not be easy definitively to point out in what inftances they ought to be allowed or refufed. As a matter of legal right, it appears plainly, that an appeal from a regimental to a general court martial is given only in the cafe deferibed in the 2d article of war, of the 12th fection, where any inferior officer or foldier, who fhall think himfelf wronged by his captain or other officer commanding the troop or company to which he belongs, is to complain thereof to the commanding officer of the regiment, who is authorifed. to fummon a regimental court martial, and from which either party may, if he thinks himfelf ftill aggrieved, appeal to a general court martial. For the 12th claufe in the mutiny act, whereby it is declared and enacted, that no officer or foldier, being acquitted or convicted of any offence, fhall be liable to be tried a fecond time by the fame or any other court, martial, for the fame offence, unlefs in the cafe of an appeal from a regimental to a general court martial, mentions fuch appeals, only by way of exception, and ufes no affirmative enacting words, which can of themfelves confer any power or right of appeal, but must have reference to fome pofitive provifion, by which fuch appeal is expreffively given: and fince there is no mention of an appeal in any other part of the faid act, nor ameng the articles of war in any other than the 2d article of the 12th fection, recourfe must be had to this, to fatisfy the implication of the faid claufe, and the conftruction will then be natural, that the appeal of an inferior officer or foldier who fhall think himself wronged by his captain, or other officer, &c. is the cafe there intended.

In civil procefs brought into the feveral courts of law, there is a gradual fubordination from one to the other, the fuperior courts correcting and reforming the errors of the inferior; but as it is contrary to the genius and fpirit of the law of England to fuffer any man to be tried twice for the fame offence in a criminal way, especially

if acquitted upon the first trial, the criminal courts may be faid to be independent of each other; at leaft fo far as that the fentence of the lowest of them can never be controuled or reverfed by the highest jurifdiction in the kingdom, unless for error in matter of law, apparent upon the face of the record, though fometimes caufes may be removed from one to the other before trial.

"The fame caution has been adopted in the military code of laws, as may be feen by the claufe of the mutiny act in queftion; appeals from regimental to general courts martial being the only exception, and thefe appeals confined to one particular cafe, which may be confidered in fome measure, in the nature of a civil procefs, and rather calculated for procuring redrefs to the foldier, than for punishing the officer. For an officer may, through mistake, yet without intention of oppreffion, do acts whereby a foldier may think himfelf aggrieved, and against which he may be well warranted in feeking a remedy, and fill there may be no ground for proceeding criminally against the officer.

"If

It however must be observed, that even thefe appeals carry danger with them; for the latter part of the article of war fays, upon a fecond hearing, the appeal fhall appear to be vexatious and groundless, the perfon fo appealing fhall be punished at the discretion of the general court martial.”

The regimental court martial which is required to be fummoned, for doing justice to the complainant, may be truly faid to be in the nature of a civil procefs, for it has not the authority to punish either the complaint or the officer complained of; a commiffioned officer not being amenable before a regimental court martial: all the juftice then that they can do, is to declare their opinion, how well or ill grounded the complainant is; but should either party still think himself aggrieved, and appeal to a general court martial, and the appeal appear to that court martial to be vexatious and groundless, the perfon fo appealing, whether plaintiff or defendant, is liable to punishment at the difcretion of the faid general court martial. Here then ceafes all analogy to a civil procefs, and indeed renders the latter part of this article one of the most exceptionable in the whole code.

6

Every thing that can be done in a cafe of this fort, by a regimental court martial, comes within the cognizance of a court of inquiry; and by the examination before a court, totally divefted of every power to inflict punishment, the most diftant idea of a fecond trial for the fame offence, fo repugnant to the laws of England, and ungrateful to the ear of an Englishman, would be removed.

The report of the court of inquiry might, like the verdict of a grand jury, be a foundation for bringing either party, who appeared to have acted criminally, before a court of criminal jurisdiction.

• Should a non-commiffioned officer or foldier be brought before a regimental court martial, for mutiny, defertion, or any other crime, cognizable only by a general court martial, he may refufe to plead to it, (their jurifdiction being exprefsly confined to fall offences) and infift upon being tried by a general court martial; nay, even fhould he plead, and the regimental court martial proceed to pafs feptence, he may appeal to, and has nevertheless a right to be tried,

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