and kindles a degree of pride in her progress. It is evidently the ambition of our judges, to give system and stability to the law, by diligence of research, and a careful regard to precedent. That refuge of sloth and ignorance, to which the judge betakes himself, who claims to decide upon the particular circumstances and justice of the case before him, and binds every decision to its particular case, is the abhorrence of lawyers and the ruin of a State. This volume furnishes the proof, that our court has the disposition to explore, and the independence to decide.

It is not within the design of this notice, to attempt a criticism upon the opinions of the court. Were we disposed to doubt the correctness of a decision, we should distrust our own judgment, and forbear the expression of our doubts. In some few instances, ingenuity at the Bar and on the Bench may perplex us, but the adjudications, almost, if not wholly, without exception, have our decided assent. We may add, that so far as our information extends, the decisions have been received by professional readers, with favour and approbation.

It gratifies us to observe a prevailing harmony of sentiment on the Bench. A diversity of opinion, too frequently produced by pride of talents, or an attachment to singularity, is calculated to weaken the decisions of a court. A dissentient judge has, therefore, upon him a heavy responsibility, to be discharged only by perfect integrity, and the utmost care and reflexion. This volume sometimes presents to us a divided Court,.but it cannot escape the notice of the reader that the present Chief Justice, whose learning and talents are an ornament to the Bench, is found, in every instance, so far as appears, with the majority, which decides the cause.

The opinions of the court are expressed in clear, perspicuous and comprehensive language. In all cases, where the court is united in sentiment, the decision is given by the Chief Justice, and is marked by an adherence to the points, and a freedom from blemishes. On the whole, it affords us great satisfaction to say, that the court is evidently progressing in a science, in which ambition is stimulated by the thought, that progress may always be made by the faithful.

tion.

The

It becomes us to notice the neatness and accuracy of the typographical execution of these Reports, which greatly deserve commendaThe pages are fair to the eye, and undefiled with errors. praise of general excellence might, with propriety, be passed upon the works of the publishers; but they are receiving a more solid encomiin the approbation and patronage of the public.

um,

In the close of this notice, we are gratified to express our earnest commendation of the matter and manner of these Reports. They are

distinguished by the ability and fidelity of the Reporter, and are calculated to give fame to the court. The matter is various and important; the volume may be read with interest at home and abroad, and will be welcomed every where as an important addition to the stock of professional learning.

THE NATURALIST, NO. IV.- -FOR THE PORT FOLIO. OBSERVATIONS ON THE NIGHT-HAWK AND WHIP-POOR-WILL OF THE UNITED STATES.

ON the question, Are these one and the same bird; or are they really two distinct species? there has long been an opposition of sentiment, and many fruitless disputes. Numbers of sensible and observing people whose intelligence and long residence in the country entitle their opinion to respect, positively assert, that the night-hawk and the whip-poor-will are very different birds; and do not even associate together. The naturalists of Europe, however, have generally considered the two names as applicable to one and the same species; and this opinion has also been adopted by two of our most distinguished naturalists, Mr. William Bartram of Kingsessing,* and Professor Barton of Philadelphia. The writer of this being determined to ascertain the truth, by examining for himself, took the following effectual mode of settling this disputed point, the particulars of which he now submits to those interested in the question.

Thirteen of those birds, usually called night-hawks, which dart about in the air like swallows, and sometimes descend with rapidity from a great height making a hollow sounding noise, like that produced by blowing into the bunghole of an empty hogshead, were shot, at different times and in different places, and accurately examined, both outwardly and by dissection. Nine of these were found to be males,

Caprimulgus Americanus, Night Hawk, or Whip-poor-will, Travels, &c. p. 292.

+ Caprimulgus Virginianus, Whip-poor-will, or Night Hawk. Fragments of the Natural History of Pennsylvania, p. 3. See also Amer. Phil. Trans.

Vol. iv.

and four females.

The former all corresponded in the markings and tints of their plumage; the latter also agreed in their marks, differing slightly from the males, though evidently of the same species. Two others were shot as they rose from the nests, or rather from the eggs, which in both cases were two in number, laid on the open ground. These also agreed in the markings of their plumage with the four preceding, and on dissection were found to be females. The eggs were

also secured.

A whip-poor-will was shot, in the evening, while in the act of repeating his usual and well-known notes. This bird was found to be a male, differing in many remarkable particulars from all the former. Three others were shot at different times, during the day, in solitary and dark-shaded parts of the woods. Two of these were found to be females, one of which had been sitting on two eggs. The two females resembled each other almost exactly; the male also corresponded in its markings with the one first found; and all four were evidently of one species. The eggs differed greatly from the former, both in colour and marking. The differences between these two birds were as follows.

The sides of the mouth, in both sexes of the whip-poor-will, were beset with ranges of long and very strong bristles, extending more than half an inch beyond the point of the bill; both sexes of the night-hawk were entirely destitue of bristles. The bill of the whip-poor-will was

The long

The

also more than twice the length of that of the night-hawk. wing-quills of both sexes of the night-hawk were of a deep brownish black, with a large spot of white nearly in their middle; and when shut, the tips of the wings extended a little beyond the tail. wing-quills of the whip-poor-will of both sexes were beautifully spotted with light brown, had no spot of white on them, and, when shut, the tips of the wings did not reach to the tip of the tail by at least two inches. The tail of the night-hawk was handsomely forked, the exterior feathers being the longest, shortening gradually to the middle ones; the tail of the whip-poor-will was rounded, the exterior feathers being the shortest, lengthening gradually to the middle ones.

After a careful examination of these and several other remarkable differences, it was impossible to withstand the conviction, that these birds belonged to two distinct species of the same genus, differing both in size, colours, manners, and conformation of parts.

A statement of the principal of these facts having been laid before Mr. Bartram, together with a male and female of each of the abovementioned species, and also a male of the Great Virginian Bat, or Chuck will's widow; after a particular examination, that venerable s pleased to declare himself fully satisfied; adding, that

maturalist was

he had now no doubts of the night-hawk and whip-poor-will being two very distinct species of Capromulgus.

It is not the intention of the writer of this to enter at present into a description of either the plumage, manners, migration or economy of those birds, the range of country they inhabit, or the superstitious notions entertained of them; his only object, at present, is the correction of an error, which, from the respectablity of those by whom it was unwarily adopted, has been but too extensively disseminated, and received by too many as a truth. W..

TRAVELS IN FRANCE.

-FOR THE PORT FOLIO.

LETTER LXIX.

My accounts of the deaf and dumb has taken up so much room that I feel it necessary to be more concise for the future. After soliciting your attention so frequently, it would be wrong to abuse your patience, and yet if it were my object to give you an exact idea of Paris, and if I were equal to it, a great deal would remain to be said. My determination, from the first, was only to speak of what I saw, and then only when I imagined that the ideas which occurred to me might be, in some respects, different from what you might meet with in books of travels. The hospitals alone could furnish a subject for more than one letter. The poor nuns, who had devoted themselves by vows to attend at these last retreats of human misery, continued to do so during the revolution, notwithstanding the indignities they were exposed to, and the hardships they were made to undergo: they are the only persons of the sort who wear the habit of their order in public, and if it be a gratification to their honest pride to be so distinguished, they surely deserve it.

*

Independent of those who take refuge in hospitals, there is in Paris, as there always will be in all great towns, a number of poor not so reduced as to consent to the same wretched resource, and who yet stand in need of some assistance. For their relief there exists in every section a conseil de bienfaisance, who call upon the inhabitants for subscriptions, which are, however, entirely voluntary, and there are also small sums granted from time to time for that purpose by the government.

Convents are not known in law, but there is no legal impediment to any assemblage of persons who may choose to call themselves by a

certain name. A pious and wealthy lady has lately purchased the house and garden of the Carmes, where the massacre took place in 1793, and has assembled as many Carmelites as she could hear of; to these several young women and others advanced in life have joined themselves, and the community conforming to the regulations of the order as it once existed, pass their days here under the direction of their benefactress, in a state of voluntary seclusion. If any relīgious order of men be reestablished it will be that of the Jesuits, who have once or twice nearly attained their end. The emperor, who is not apt to be irresolute, has shown himself so upon this occasion. It is certain that the public education in France has suffered extremely since their order was abolished, and the events of the revolution have manifested that they were in the right, when they predicted a succession of evil consequences from the effects of what was called philosophy. D'Alembert himself, and even Voltaire would acknowledge as much if they were now alive.

I shall say nothing to you of the observatory, where I saw a very will find a good account in the Encyclopedia. There is a descent large telescope, made after the manner of Herschel's, of which you hence into the ancient quarries which extend under a part of the town, and of which the inhabitants are either ignorant or give themselves no trouble about, though different authors, and Mercier in particular, have endeavoured to excite their fears. The idea of an immense cavity under a populous part of the city has something terrible to the imagination, and there have been periods during the revolution when the con-, duct of this very part of Paris was so atrocious as to have merited that struction. I might have visited several extensive libraries, but I could it had served as an instrument in the hands of Providence for their denever conceive the inducement that led travellers to such places: it is no doubt, to know that particular books exist, but that is more easily acquired by looking over a catalogue at home than in a public room, where one could hardly find time to examine the contents of a single shelf. I saw, but cannot recollect whereabout, in the Fauxbourg St. Germain, a collection of armour and of various weapons of offence, such as the mischievous ingenuity of man had been able to devise for some centuries past: there were also various models of pontons and flying bridges, and pieces of light artillery and mortars; the armour of Henry IV, and of Francis I, and an armed figure formed from an ancient representation of the celebrated maid of Orleans, and

a satisfaction,

the sword of the great prince of Conde are to be seen

here, and com

mand a degree of veneration and respect, which will always accompany those illustrious names. The keepers showed us in the same room

1