capital cities, are to be found no less than three millions three hundred thousand volumes, or an average to each of about one hundred and nine thousand; the largest of which, as he remarks, contains more literary resources of this kind, than all the collegiate and university libraries of the United States.*

We shall not indulge in any unprofitable or discouraging contrasts between our own and foreign institutions, sometimes made with a show of wisdom, but not with a sufficient discrimination of the differences in the condition of our people. Neither will we intimate, what might seem a gratuitous distrust upon the matter, that it is much easier to count up, than to find, three or four hundred thousand volumes; nor that, of this vast collection, seldom, we believe, found upon earth, no small proportion may be only fit food for moths and dust, needing much space, but yielding little profit. Neither will we detain our readers to observe what has been well observed by another, that it is not by means of huge libraries, that discoveries will be made, for the benefit of mankind;' or that a taste for literature is not necessarily promoted by an accumulation of books, however excellent.' But we presume no one will doubt, that in good public libraries, we of this country are yet lamentably deficient. In truth, some of our colleges and literary institutions exhibit in this respect a spectacle of deplorable poverty, which, were it only for appearance sake, we should hope might be improved.

To return to the library of Harvard College, the welcome publication of whose catalogue has invited these remarks, we here repeat our wishes for its growth and prosperity. Though in comparison with most others of our libraries, and especially with the libraries of other colleges in the country, it holds a preeminent rank, it must be remembered, that of itself, it is small, and wants much to constitute it the complete library of a university. We rejoice in what has been recently done by its government in liberal appropriations towards this object, and to learn that large additions to its stores may shortly be

* Dwight's Travels in Germany; from whom also we learn, that of the numerous libraries of their universities or large cities, that of Göttingen, consisting of three hundred thousand; of Dresden, the capital of Saxony, of two hundred and forty thousand; of Berlin, of one hundred and eighty thousand; and above all, of Munich in Bavaria, containing four hundred thousand,—are the most celebrated. But it is to be remembered, that to make these extraordinary numbers, pamphlets, duplicates, and everything printed, however small, is

counted.

expected. Still, it has many and great deficiencies. It wants a large fund for its regular annual increase, even in those branches, as of theology and of ancient classical literature, in which it is most abundant. In oriental and in modern literature, very much remains to be supplied. But its most pressing want is, now, that of a suitable edifice for the accommodation and security of the whole. As is intimated in the preface to the catalogue, and in the full report upon this subject, made at a recent meeting of the Overseers, the present building, though, in its interior, yielding to few of the kind in appropriateness, and even venerableness of aspect, is yet in constant exposure to destruction by its neighbourhood to the inhabited colleges, with their multitude of fires. The bare possibility of such a calamity is sufficient to awaken attention, and even to justify alarm. We hope, that with the aid which is needed, measures may be adopted to secure so desirable an object.

Nor may we, in passing, omit the mention of the library of the Theological School in Cambridge, if indeed it may be called a library; for we almost fear, that the number of its shelves will not be found much inferior to the number of its books. From the privileges, which the members of this School share, in common with other students, in the library of the University, the deficiencies of their own institution in this respect are not so severely felt. But separated as the Theological School is from the College, and inconvenient as must be a daily resort to the public library, we earnestly wish to see this great want supplied. We commend it to the attention of those, who regard with favor this ancient school of the prophets, and who hope from it the fulfilment of those great and holy purposes which our fathers contemplated, when, in founding Harvard College itself, they consecrated it to Christ and the Church.'

We look upon the libraries of Cambridge and the Athenæum in Boston, as among the very choicest of our public treasures. Their prosperity is equally an object of public interest ; for they furnish the means of light and knowledge, and thence of valuable improvements too, not to students and professional men only, in theoretic science, or learning properly so called, but for the most valuable practical purposes, to the whole community. The facilities of access and of use, granted at Cam

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bridge to as great an extent as a due regard to general accommodation and the preservation of the books will permit,' by extending the numbers of those who want, show the necessity, also, of increasing the supply. The library should be such, that every person, pursuing an important subject, writing a book, or consulting only personal gratification, may be able to find within it the very thing he is seeking. Multitudes of books, which to the unlettered eye might seem but so much learned or unlearned lumber, are continually needed for reference; and many a valuable project may be defeated, or many an excellent work lost to the world, for want of such assistance. It will not be doubted, in these days, that the interests of these institutions are worthy of the patronage of the liberal and wise; or, to use the words of the preface which we have before quoted that a fund, from which so many minds are continually drawing their chief supplies, to pour them out again, with incalculable effect, over the whole community, should be as rich as munificence and zeal for the promotion of learning can render it.'

ART. V.-A Treatise on Crimes and Indictable Misdemeanors. Second Edition, with considerable Additions. By WILLIAM OLDNALL RUSSELL, Esq., of Lincoln's Inn, Sergeant at Law. London, 1828. 2 vols. 8vo. pp. 683, 828.

THE design of this valuable work is to dispose, in appropriate arrangement, the principles of the common law, the statutes and the decided cases relating to every offence which may be made the subject of prosecution by indictment, except high treason.' The first edition appeared in London in 1819, and was reprinted in this country, with additional notes of American decisions, in 1824. The first volume of a second English edition was printed in London in 1826, and contained, in an appendix, the act for improving the administration of criminal

justice in England [7 Geo. 4.ch. 64.], passed on the 26th of May of that year; but the publication of the second volume was delayed, with the professed design that when it was published it should contain, in proper arrangement, the important statute consolidating the law relative to theft,' which was then before parliament. This act passed on the 21st of June, 1827 [7 and 8 Geo. 4. ch. 29.], and the second volume of the work before us was issued from the press, we believe, not until the last year, although it bears the imprint of 1828.

*

It is not our intention to speak of the value of this work to the profession for whose libraries it is chiefly designed, nor to discuss its merits as a standard authority; for this is well settled by the respect it has received from courts of law. Nor shall we be led away from our present design, by the more agreeable task of examining the great improvement of the criminal code, both in its principles and practice, by the recent statutes prepared by Mr Peel; nor even stop to pay the tribute of merited respect and admiration to that eminent statesman, whose enlightened humanity and sound practical good sense, combined with uncommon industry and unconquerable perseverance, gathered from the wastes and deserts of the law, over which genius and learning are not always willing to travel, this proud memorial of his usefulness and worth. Our object is to offer some general remarks on the subject of criminal law, principally in connexion with its agency in preserving the morals of a people, and maintaining public character.

No one doubts that the good order and security of society depend materially on the efficacy of its criminal code. Other causes have their operation, and higher motives of action are drawn from the precepts of religion and the obligations of morality. To do right because it is right, to regulate the conduct in obedience to the dictates of conscience and the will of God, is certainly the noblest, as it is the purest spring of human actions; and in the eye of Heaven, nothing has the character of virtue, which proceeds from a less elevated origin. But the security of man in civil society depends on motives, only so far as they influence actions. In reference to the moral character of an individual, we ask why he has performed an action that is submitted to our notice, but in reference to society, the question is rather what has he done. Bad passions and bad feelings, con

* 7 and 8 Geo. 4. ch. 27, 28, 29, 30, 31. 9 Geo. 4. ch. 15-23.

fined within the breast of any one, are causes of his own unhappiness. It is only when they burst the restraints of human laws, that the community becomes affected, and feels itself bound to exert its control.

The motive, which fairly considered is the lightest, too often has practically the greatest effect; and the reason of it is well expressed by an eminent divine. One principal cause of the feeble hold, which subjects of religion have upon the mind, is the fancied remoteness of their objects, and the spiritual nature of the subjects of religious contemplation. What is immediately perceptible, tangible, pleasurable, or profitable, excites more emotion than any of those spiritual truths, which a man must study his own heart in order to understand.'

It

Education is a restraint on the commission of crime. raises its objects above the temptation that might seduce them, or furnishes motives and means to resist its operation. But education is necessarily limited. There are those in every community who have neither time, nor means, nor capacity to enjoy its advantages. An intellectual darkness, thicker and grosser than ever gathered upon Egypt, has settled on their minds; and while the age in which they live is an enlightened one, and the community of which they form a part is polished and refined and cultivated and improved, they are in coverts where the light of learning cannot reach them. Education is also limited in its influence. It sometimes sharpens the intellect and blunts the moral faculties, in a manner altogether unaccountable; and seems, in raising a man above the influence of one class of temptations, to expose him with more danger to another. Education is not virtue.

Public opinion does much to preserve the public tranquillity. Many who do not fear the guilt of crime, tremble at its disgrace, and are honest from a sense of shame, rather than a principle of integrity. Public opinion is, indeed, a powerful protector, wherever its influence is rightly directed. As far as its authority extends, its sanctions can be enforced. But not only are there many members of every community wholly beyond its influence,-many who have no respect for, and hardly any knowledge of any other sentiment than what is generated by profligate companions; but in society at large

* Buckminster's Sermons, the new volume, p. 118.