ed as neceflary to the validity of a contract between minifter and people. Where a minifter confents to fettle upon the exprefs condition, that, at the defire of the major part of his people, his civil and ecclefiaftical relation with them fhall be diffolved with advice of a mutual council, to avail himself of the ambiguity of the words of the ftipulation to render it in effect void, is highly reprehenfible. Making every juft allowance for the ftate of the town, it does appear that Mr. W., aided by the church under its new forms, infilted on terms in the nomination of the mutual council, which were inconfiftent with the principles of his ftipulation, as thefe were understood by his people at the time of his fettlement. An important principle in this controverfy is the right of excommunicants to the advice of council. The church of Fitchburg affumed the ground, that every church is competent to the final difcipline of its own members; and of courfe, that excommunicants have no temedy from neighbouring churches, but in the way of the third communion; and therefore the churches, which heard the complaints of thofe excommunicated from the church of Fitchburg, and their ex parte council, which pronounced them within the pale of their communion, till the refult of a mutual council be obtained, acted inconfiftently with the conftitution of Congregational churches. The narrators deny thefe pofitions; and endeavour to infer from the gofpel, the platform, common ufage, and reafon, that excommunicants, as well as all cenfured cil. this members of a church, hate a right to the advice and affiftance of neighbouring churches. We think them correct in their pofi tions, and conclufive in their rea fonings. Admit that cenfured members poffefs this right in any inftance, and it must be granted to them in all. A charch under the influence of mifconcep tion, prejudice or refentment un juftly pafs the fentence of fufpenfion upon a member, and he has his remedy in the advice of counUnder the fame influence church inflicts the heavier cenfure of excommunication, and he has no remedy. Can this be reconciled with the rule of the gofpel, or with natural juftice? All writers upon the constitution of our churches difclaim the idea of independence, and hold to the affociation of our churches, fo far as refpects the advice and affistance of councils in cafes of controverfy and divifion. It ap pears, that in this cafe the aggrieved obferved all the forms recommended by the platform, or fanctioned by the ecclefiaftical ufages of our country. The refults of mutual councils are with us ultimate decifions in all ecclefiaftical proceedings. The whole fyftem of church difcipline and government appears to be fufpended on their fupport. The church of Fitchburg reject ed the refult of the mutual council, to which they fubmitted their doings. No remedy now remained for the aggrieved, but to feparate from thofe, who refufed to hold fellowship and communion with them; and under the fanction of a council to form themselves into a feparate church/ Some of the practices of the bld church appear to be irregular and unprecedented. After they had adopted the new forms, they retained the old covenant fo far as to difcipline the diffenting members under it. Had this church two covenants? or were the diffentients cenfured under the old covenant for their oppofition to the new, which the church acknowledged was not binding upon them? Into this abfurdity does controverfy fometimes lead a chriftian church. This church invited the Rev. Mr. Worcester to re-fettle with them in oppofition to the will of the town, often expreffed. They protested in town-meeting against being taxed for the fupport of preaching, and prefented a certificate for their exemption; and at the fame meet ing voted against raising money for that purpofe. They finally proceeded to the fettlement of a minister against the proteft of the incorporation. Many of the obfervations in the narrative refer to a former pamphlet of Mr. W.'s church, and cannot be fully understood without its perufal. The authors in one place call in queftion the power of the chriftian church to excommunicate a member on any occafion, and fuppofe, that fufpenfion is the highest cenfure it can inflict. We fee no foundation for. this fuggeftion. Every affociated body must judge of the qualification of its members, and poffefs the power to expel an unworthy, brother. The chriftian church poffeffes this. power under the control of a mutual council. mutual council. Befides, a fufpenfion of privileges Vol. I. No. 14. Lill continued is virtually an excommunication. A publication of this nature admits not the ornaments of compofition. The narration is throughout lucid and perfpic-uous; the ftyle correct and chaite ; and the fpirit exhibited is that of ferioufnefs and candour. The temper and views which actuated the church in the publication are thus expressed. We have carefully guarded against giving to any facts a high colouring, and was it neceffary, we could have. fubftantiated our statement in all its particulars by additional and folemn evidence. We have committed no intentional errour. So far as upon a serious review we can difcover, we feel ready to pledge ourselves for the fairnefs and authenticity of our reprefentations. We think none, who know our fituation, will accufe us of being actuated by a fpirit of refentment or revenge. We have wifhed to avoid every symptom of afperity, and to frame our narrative in the spirit of meeknefs and of truth. We think the above declaration fupported by the internal evidence of the narrative. The Musical Magazine; being the third part of the Art of Singing; containing a variety of anthems and favourite pieces. A periodical publication. By Andrew Law. Fourth edition, with additions and improvements. Printed upon a new plan. Publifhed according to act of Congress. No. I. Bolton. Lincoln. 1804. IN the third number of the prefent volume of the Monthly Anthology, we introduced to the acquaintance of the publick, a relpectable performance, under the modelt title of "The Musical Primer." What rendered that work peculiarly worthy of notice, was the novelty of the plan, on which it was printed. The author has contrived by the ufe of four characters, which invariably retain the fame name, to denote the mufical fyllables, fo that the Atudent may with the utmost cafe learn, in a few minutes, to read correctly the moit compli cated piece of mufick. Mr. L. has, by this invention, impofed a claim on the gratitude of that large proportion of mankind, who wifh without expenfe of time or intellectual toil to make valuable acquifitions. The prefent publication, which is printed on the fame plan, is intended for thofe, who have made fome progrefs in the art. The anthems and pieces. are chiefly by celebrated European compofers. The piece by Dr. Arnold, "Come let us anew B-ief defeription of this plan, Four kinds of characters, or notes, are ufed without either the dash or the Fines. To the round kind of notes, which is now in ufe, is added three other kinds; one of a fquare figure, one of a diamond, and one of a quarter diamond. Each kind is varied by dif ferent ftrokes, and made breves, femibreves, minims, crotchets, quavers and femiquavers, in the fame manner as the notes now in ufe. They are fituated between the fingle bars which divide the time, in the fame manner as if they were on lines and fpaces; and in every instance, where two characters of the fame figure occur, their fituations mark perfectly the height and, distance of their founds. Hence every purpose for printing musick, without the lines will be effected. These four characters denote the four fyllables mi, faw, fel, law, which are ufed in finging. our journey pursue"; that by Dr. Madan, To God the only wife"; and the Dying Chriftian, "Vital fpark of heavenly flume" have long been favourites of the publick. Good musick never wearies the correct and cultivated taile. Its excellence continually imparts grateful emotions to the heart. Like old wine, it gathers' goodnefs by age, and the more it is tried, the more it is approved. In this work, and in all Mr. Law's late publications, the prin cipal air is given to the treble. This is juftified by the authority of eminent malters. According to Dr. Bulby," the tenour, which "is the part most accommodatedTM to the common voice of man, "was formerly the plain fong, "or principal part in a compo"fition, and derived the name of "tenoar from the latin word teneo, "I hold; because it held, or "fuftained the air, point, fub"ftance, or meaning, of the "whole cantus, and every part "fuperadded to it was confidered but as its auxiliary. It appears "that the contrary practice of "giving the air to the foprano, "or treble, had its rife in the theatre, and followed the intro❝duction of evirati into mufical "performances; fince which it has been univerfally adopted "both in vocal and inftrumental "mufick." Many of the old tunes have been lately published in this way in Europe. But in addition to the authority of example, we + The learned author of A corfplete Dictionary of Mufick," which has been lately published in London, and alio of many favourite fengs and glees. an think that the mode may be juftified by principles of fcience. The principal air is the foul of the piece. It ought to be most diftinctly heard, and its effect thould be heightened as much as poffible, by the auxiliary efforts of the other parts. Giving the charafter to the piece, it ought to be placed in the most conípicuous flation, and to be aligned to thofe voices, which are naturally the most expreffive of melody. The voices of women are eighth higher than thofe of men; they are more flexible, and confequently more capable of the graces of mufick. Good treble voices exceed, on a moderate calculation, the number of good tenour voices in the proportion of twenty to one. On account therefore of the fuperiour delicacy of the female voice, and of the greater number of treble formers, to them ought to be affigned the principal air of the piece. per Owing to the general deficiency in mufical fcience, which characterizes American mafters, and to the almost total want of refinement in the publick ear, the ancient practice of giving the air to the tenour, and of cafting the treble into the fhade, ftill prevails. Male performers refift the improvement with a zeal, fimilar to that, with which they would refift an invafion of their natural or political rights. But they are contending against nature and against fcience, and the conteft must finally be vain. We find that the violin, the hautboy, the flute, and indeed the great proportion of mufical inftruments, Arive to imitate the treble. The female voice has been in all ages. the favourite of genius. It was defigned to be the foul of harmony, and to infpire delight. Whoever poffeffes any refinement of foul, owns its claim to precedence, and delights even in its tyrannical sway. R. Obfervations on the trial by jury s with mifcellaneous remarks concerning legiflation and jurisprudence and the profeffors of the law. Aifo, fbewing the dangerous confequences of innovations in the fundamental inflitutions of the civil pality of a flate. Illuftrated by authorities, and manifefted by examples. Addreffed to the citizens of Pennsylvania. By an American. "Be affured, that the laws which protect us in our civil rights, grow out of the conflitution, and that they muft fall or flourish with it." Dedic. of Junius' Letters. Strafburg: Brown and Bowman, 1803, 8vo. pp. 143. XENOPHON, in his defence of the Athenian democracy, exprefsly admits, that that fpecies of government, in its principles, tends to raise the worst men in the community to power. If we were to judge of democracies in general from the proceedings of the legislature of Pennfylvania for the last four years, we should have no hesitation in expreffing our implicit belief in the correctnefs of Xenophon's pofition. Indeed fuch have been the lawless proceedings of that body, fuch their denunciation of learning and learned men, fuch their inveterate hoftility to the promotion of literature and fcience, fuch their at tacks on the conftitution and ancient laws of their country, fo direct a tendency have all their measures to a diffolution of their government, to a proftration of all thofe rights, by which the lives, liberties, and property of the people are fecured, that we could fcarcely have given credit to their proceedings, if hiftory and experience had not difplayed the mournful certainty, that when power is added to paffion, when ignorance has blunted,or artifice has inveigled, or malice has feduced the mind and heart, there is no wild beaft fo favage as man. Under fpecious pretences of reforming what thefe wife legiflators affect to confider as abutes or errouis in law, and of remedying fuppofed evils in the adminiftration of juftice, attempts have been made, fays our author, to strike a mortal blow at the vitals of their jurifprudence, in defiance not only of a fyftem fanétioned by the experience of ages, but of the conftitution itself. On this fubject of innovation and reform, the wife admonitions of Mr. Burke are too valuable not to be here inferted; and we could fervently with, that the legiflators of Pennsylvania could be perfuaded to read his obfervations with the fame profound reverence for the author, and with the fame perfect conviction of the correctness of his opinions, with which we make the quotation "No man fhould ap"proach to look into defects or "corruptions but with due cau"tion; he fhould never dream of beginning its reformation by "its fubverfion. He fhould ap"proach to the faults of a ftate as to the wounds of a father, "with pious awe and trembling "folicitude. By this wife preju "dice we are taught to look with "horrour on thofe children of "their country, who are prompt "rafhly to hack this aged parent "in pieces and put him into the "kettle of magicians, in hopes "that by their poisonous weeds “and wild incantation they may "regenerate the paternal confti"tution and renovate their fa"thers' life." Before we proceed to give an account of the work under review, it may not be improper to mention fome of the meafures repeatedly attempted to have been adopted by a majority of the legiflature of Pennsylvania. By the conftitution of the United States, Congrefs have the power to establish an uniform rule of naturalization throughout the United States, and in conformity with that have established fuch "uniform rule ;" yet the Pennfylvania legiflature, fworn to fupport that conftitution, have actually attempted to pafs a law for the naturalization of aliens, requiring a much thorter refidence before they could become citizens than the law of the United States. Thefe legislators have alfo endeavoured to give the force of law to a bill to interdict proceedings under the judicial authority of the federal government, and to nullify the process of one of its courts regularly had in due courfe of law, although they were bound by their oaths to fupport the legiflative acts of Congrefs equally with the conftitution as the fupreme law of the land.* Thus defpifing the con* See the Constitutionalift, a pam phlet published in Philadelphia. |