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attended with a crowd, runs round Most of the old names of the highthe village. He then sings it down, landers were derived from such perkeeps a great quantity of combuflible Tonal property. Thus Donald or Donmatters in it, and makes a great ton- fhuil,' signifies brown eye ; Finlay, fue. A whole tract is thus illumina- white head ; Dun can, brown head.; ted at the same time, and makes a fine Colin, or Co-aluin, beautiful ; and appearance. The carrying of ine tie

Gorm la, a blue eye. y pele appears to be relique of Drui- The old highlanders were fo redilin; for, faye Doctor Borlare, faces markable for their horpitality, that preferre, was esteemed a piece of pa- their doors were always left open, as ganism, forbidden by the Gallic coua. if it were to in vite the hungry travel. cils, and the accensores facularum lers to walk in, and partake of their were condemned to capital punith meals. But if too cropted flicks were ment, as if they sacrificed to ine de- seen at the door, it was a fign that the

family was at dinner, and did not deThe highlanders form a fort of al

fire more guests.

In this care the manack, or presage of the weather, of churi was held in the highest contempis the ensuing year, in the following Hor would be most pressing neceffity manner : They make observation on induce the paffenger io turn in. Great twelve days, begioning at the lait of hospitality is Aill preserved through December, and hold as an infallible all parts of the country to the stranger, Tule, that wliatsoever weather hap. whose charader or recoin mendations 'pens on each of those days, the same cla m the molid fant pretenfions. But will prove to agree in the correspon- this virtue munceale, or, at besi, leff. dent months. Thus, Janu iry is to en, in proportion as the inundation of answer to the weather of December travellers increases: A quick fucceffithe 3117. February to that of Janua. 011 of new guests will be found to be ry ft ; and so with the rest.

Old a trouble and an expence un supportpeople fiill pay great attention to this able : But they will bave this consola'augury.

tion, that good inns will be the conTo there fuperftitions may be ad

sequence event of a partial subversion ded certain cufioms, now worn out'

of the hospitable fysem. which were peculiar to this country..

* In old times, the great highlandfamilies fent their heir, as foon as the Proposal for a more speedy and was weaned, to some wealthy tenant, less expensive method of decidwho educated him in the hardy man.

ing Causes judicially through ner of the country,at his own expence. : When the folier father restored the ibe Commonwealth of Maja

enid to his parents, he always sent with him a number of cows, propor

cbufets, than what is now tionédito disabilities, as a mark of

prettised. : the se: fe ne han of the honoor done HE regular and fpeedy admini. bim

Aftrong attachment ever after fubfined between two families; the importance in all civil governments.

whole family of the fofter.father was • The Massachusetts has been happy vrecerted on ter the protection of the in this respect ; but as the number of chierair, and held in the highest tf- its inbabitants and their commerce and teem

property increase, the causes of a ci. ... To this day the great chiestains are vil and criminal nature, that will re. Nared by their clacs from some of quire a legal decision, will also increase, their ancestors, ominene for strength, and to such a deţ rtë, 18 to render a wisdom or valour. Thus the Duke speedy final decision, in the mode that 1.of Argyle is filed Macchailean has bitherto been in use, morally im. omhoir, the son of the great Colin, possible. And this period appears "

of the family of at no great distance. There are al. Danflatfige, Mac Innais an Duin, ready Sixteen Terms the Supreme Juor the son of Augus of the hill dicial Court has to fit annually in

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Proposal for deciding Caufos, &c.

227 the different parts of the government; ly brought to the supreme court to be and as some of the places are near 300 held in the county. And either parmiles apart, their necessary travel ty aggrieved at the first determination may be estimated at about 1300 miles to have liberty to review the cause, in annually. From the laft Tuesday of the same court, within a limited time ;) August 1783, till the last Tuesday in fuppose three years, by writ of review: December following inclusively, this And let there be two courts of sefCourt is said to have fat every week, fions ONLY in a year in each county, except about three, oot withitanding It may be objected, that täis plan, if which, the principal part of the business adopted, willin effe&t, discontinue ine jo Essexcounty for November term, was feveral covris of common pleas thro? throwa into the year 1784.--. In Fe the state. To this it may be asked,what bruary and March last, this Court (at rout rervice are the courts of common FOUR weeks (ucceflively in Suffolk pleas in deciding causes in the method county, and put over many causes till they are usually conducted ? Not one the next term. And the bufiness,on cause in ten that is disputed is finally the wefiera circuit,will probably when islued there, nor one in five perhaps that circuit is over, be much in arrears. bas a trial there of any kind. Tne A division of ihe government into two parties have usually since the passing circuits, with three judges in each car- the a&t called the Rubber A &, brought Tying on both circuits: at the same the causes forward by agreement, in time, might perhaps remedy the incon. order to have two trials at the supreme . vedience. But the present establih-. court. The time and expence usually

ment is so small, that the supreme exe- attending a suit in the common pleas cutive have got been able, since the is only preparatory to a trial; and veConftitution has been adopied, to have ry frequently the preparation is infive judges at any one time. And gen- complete in the first instance.

The tlemen that have been nominated to defendant's answer that he means to that department have declined by rea- risque nis defence upon, is many times ion of the smallness of the allow- noi putin, till he comes before the suance.

freme court. The 'expence of every To remedy there inconveniences the knd therefore attending a suit in the following plan is fubmitted to the con- common pleas will be saved to the par. fideration of the public..

ties, and they at the same time will Let the government be divided into be nearer a fual decision.

It may three diftricts or circuits.

be said, the number of suits will be Let the justices of the supreme judi- such in fome large counties, as will cial court be increased to 'Nine,' and ' unavoidably protra&t the term to a three ride a circuit together, for the great length, and the suitors, whore trying nf iffues, any two of whom to causes are to be litigated, will be greatbe a quorum

Ty delayed by the courts determining That there be two law terms annu. on such as are usually ftiled default ally, at which all the justices Mould

a&tions; and that the time debtors attend, but any five of them to make a obtain by an appeal will be taken aquorum : At these terms special ver. way. For if suits are originally bro't diets and mere matters of law io be to the supreme court, there will be decided ; and also rules and methods no appealing in order to delay payof practice to be fettled, that should be ment. To remedy in some measure abserved on all the circuits, that a these inconveniencies, let all writs vniformity of procedure may be efta- be served Twenty one days, bot rebl Thed in all parts of the govern- turnable into the Clerk's office seven

days before the fitting of the Court ; Let there be a clerk in each county, where estate is attached and a sun). where the files, papers and records for mons left, let a copy of the declarathat county shall remain and be kept. tion, or such an abitrait of it be an.

All civitations, where the sum de. nexed to the summons, that the der manded amounted to four pounds and fendant may with certainty be acupwards, or where the right or title to quainted with the foundation of the real estate is in dispute, to be original. plaintiff's complaint, let all actions be




Perhaps it will be faid, that the number of terms the Judges will have to go into each county, will take up more time than the reason will admit of. To form an estimate of this matter, suppose the terms to be as follows, viz. Suffolk, 3 terms at 3 weeks each, g Middlesex, 3 do. at 2,5 weeks each, 725 Eflex, 3 do. at 2 week&each,

6 Worcester, 3do. at 2,5 weeks each, 7:5 Hampshire, 3 do. at 2 weeks each, 6 Berklhire, 2 do. at 2,5 weeks each, 5 Plymouth, 2 do. at 2 weeks each, 4 Bristol, 2 do. at 2 weeks each, Barnfiable, 2 do. at 1,5 week each, 3 York, 2 do. at 2 weeks each, 4 Cumberland, : do. at 2 weeks each, 4 Lincoln, 2 do. at 2,5 week each, 5 Dukes, I do. at 1 week each, Nantucket, i do. at 1 week čach, I


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entered with the clerk seven days be. fore the fitting of the Court, and the defendant file with the clerk the answer he intends to abide by, four days before the fitting of the Court, and for want of such answer, judgment to be entered up against him, upon NIHIL DICIT. Let two days, at the beginning of each term, be assigned to this business, and motions for con

The jury of trials to attend the third day ; but these and other rules of practice to be varied as the circumstances of the counties and the bufiners appear to require.

But some may ask, if the present Supreme Judicial Court, which can confist of but live, and have been but four at any one time, are scarcely fupported, how can nine in the embarrassed situation of our finances be supported ?

This is a question that ought to be attended to, and to which the follow. ing is proposed as an answer, vl. That fated fees on all suits brought before the Court, be encreased about one fourth part, beyond what are now taken in the Supreme Court. These fees thus increased, will probably amount to a larger sum than what government have as yet thought proper to allow as salaries to all the Juftices of the Supreme JudicialCourt, put together, in case there were five in nuinber. And as the suitors will be eased of all expence at tbe common pleas, this increale of fees may well be made without being thought burthensome. Whether the amount of the fees be over rated or not, may easily be ascertained, by calling on the reveral clerks of Common Pieas for the amount of fees by them annually paid over to the Justices of the Common Pleas through the government. Let therefore certain fees of about one fourth more than thore now takell, be paid to the clerk on every suit, petition, or memorial preferred, for the use of the Court, and the sums that there fees amount to be dedufted from the annual ialaries, that mall be fixed by the Legislature for the judges, agreeable to the CORflitution.

29 Perhaps the small number of suits that originate between the inhabitants of the tivo illands may render it un. necessary for the Supreme Court to go thither for some time to come, unless for determining on such criminal of. fences as have not been cognizeable in a Court of Seflions. They might therefore, for the purpose of determining civil fuits, be annexed to some other counties,or remain in the state that they have heretofore been in, and thould it be needful for a Supreme Court to be helt there for determining criminal matters, the Governor and Council might appoint a special term for that purpose.

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.We Hall perhaps not be very får nevertheless venture to give it as my from truth if we take for granted, the opinion, that, setting aside these, we proportion of mankind who die in the fall find a sufficient number of evils state of infaacy, or who never reach inseparable from this state, and which the second stage, to be one third of the have their origin in the nature and whole human race ; whether it be conftitution of our frame, to convince greater or less is pot necessary here any reasorable man that they far outprecisely to determine, it is sufficient weigh all the possible enjoyments of for us to prove that a very large pro: this feeble period. portion of those that are born into the The signal of distress is the first world, are certainly upon the whole herald that announces the arrival of losers by their existence in the present the helpless stranger into a new mode flate, or in other-words, that the pre- of existence ; how soon' do the wants ponderancy is on the side of evil. I of nature begin to demand the kind hall be excused then in dwelling a offices of hospitality and relief ? How little longer upon this part of my ar- many pains do they feel because they gument than the triding age of in- are incapable of pointing them oui? faocy might seem to demand. I will Does the hand of disease arrest them not afferi that a single instance of the in the early days of their infancy,they excess of natural evil in the period of have no language in which to convey human existence implies the necesity an idea of their distress but that of of a future ftate, though perhaps even cries and tears; many of those tortures this might be rendered extremely pro- to which they are so frequently a bable ; for a fiagle in Rance of injustice prey, might doubtless be remedied to ap individual, is as inconfistent with were they capable of describing the the equity of the Deity, as to the Seat of them, and the particular form whole species; both are equally re- of their compiaints. Is there a moro pugnant to our ideas of infinite good. deftrefling spectacle than an innocent Beis ; but if it can be proved that this BABE in the convulfive pangs of an is the case with even a very consider.“ unknown disease? What a relief might able part of the whole species, it is. it be, could it only describe its own advancing a confiderable way to the sensacions? Perhaps even in cases, sopport of our hypothelis. No one where the case admitted not of a re. will.deoy that the tenderness and ex. medy, were it conscious of the sympatreme delicacy of the infant frame ist thy of its friends, and that anxiety such as to render it incident to a thou. which exists in the breasts of the doatfand evils from which the more advan- ing parents, or of their exertions to afced periods are comparatively exempt; ford it relief, it might in some degree whether the sensations are as acute in mitigate the violence of its distress. this ftate of the animal organs, as Does it not appear ro far from enterwhen the fibres have acquired a great- taining this colacing refle&tion, as to er degree of consistency and firmness, view every one in the light of an eneI will not prerome to determine ; the my, who attempts to adminifter relief? greater flexibility of parts would lead of how little avail is the medical art us to infer a greater irritability, in'con- in cases of this kind ! It is a great ad. sequence of which they must be more vantage in the application of remedies, forceptible of mechanical impreffions; that the effects they produce on the but as it isimpoffible to arrive to a deo feelings of the patient mould be accumonftrative solution of this questions, rately described, but here no errors we appeal to such facts as fall under can be corrected, no changes in the the cognizance of our senses, That process from any circumstances of many of the inconveniences which we peculiarity in conftitution can be made, soffer in the years of infancy, are the for better adapting the remedies to it. effets of the absurd' method which If any one should arriver, that from custom hasintroduced in the treatment the fimplicity of diet their diseases are of children, I will not deny, but I will few, I appeal to the large proportion

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of their time whilft awake, which which is necessarily implied in the dethey pass in exprefsing their diftresses pendant state of childhood. The aws in cries, and shall advert to that fingle with which the presence and govern. source of pain which is inseparable ment of a parent or inftructor, affe&ts from the state of infancy, and which the mind of a child, has doubtless a conftitutes a class of distales to which foundation in nature, and that it is the other periods of life are little ex. generally irksome and tedious to those posed. The earliest months are usu- in subordination, no one who studies ally attended with a long train of com- the operations of the human mind will plaints, ihe natural consequence of deny...there are a thousand foolith the formation of the ipfruments by gratifications which a wise parent will which the infant is to prepare the food think it proper to deny, and many presented it for nourishment and sup- real wants which it will not be in his port, the months of seething... which power to supply; a state of perpetual even continue during a coniderable indulgences will be productive of part of childhood, are ever confidered much evil in a future period, or a as the most dangerous ftage of life; the prudent restraint will produce present pain always attendant on this process unea Goers. of nature is very pungent, and fatal

(To be continued.) fymptoms are often the consequence. This operation is a necessary conrequence of its existence, admits of very little mitigation from the hand of art,

An Esay on the Right to a free and carries many an infant from its Exercise of Conscience in Relicradle to the grave! Where are the pleasures and enjoyments to ballance

gious matters. the account at this period! What a

(Coucluded from page 179.) lift of miseries have we enumerated, all of them real positive evils! and is

jotroduced it to the Magathere not a fingie positive pleasure to

zine, he did not expect to have claimcompensate therefor?

ed the exercise of the public patience, If there are any they are apparent

or to have solicited the public candor ly but few, and excessively fmall; so long..-- But he found the subje&t so even its pleasures are nothing else than copious, that he might have continued a removal of pain, and the existence of it for a long time yet to come. As the them is totally dependant upon, and

Third Article of the Declaration of arises from its wants. How misera- Rights only now remains for examia ble is the state of infancy, and yet one

nation, and as that article will under. third of the human race are born into go frequent disquisitions in the tributhe world for this state alone! one nals of justice, the Elíay will be conthird of mankind are certainly in this cluded by a few general observations face no gainers by their existence! life is no boon, but on the contrary an

Ari. III.

As the happiness of a evil, much to be deprecated, and non- people, and the good order and preexiflence itself is to be preferred to it. fervation of civil government, essen

The thoughtless age of childhood tially depend upou piety, religion and seems to have some claim to a share of morality; and as these cannot be gepositive happiness; but the seofibility nerally diffused through a communibeing keen and the source of corporeal ty, but by the inftitution of the pubenjoyments perhaps no greater than Vic worship of God, and of public in. in the period of infancy, painful im. ftitutions in piety, religion and mopresions, though less permanent, are rality: Therefore, to promote their more easily and more frequently made; happiness, and to secure the good orwe least disappointments have deeper der and preservation of their goveraeffects upon their tender minds, than ment, the people of this common. the most important disasters of riper wealth have a right to invest their age. But what appears to me in gene. legislature with power to `authorize ral to diminish the sum of enjoyment and require, and the legislature Mall, in this stage, is that natural restraint from tima te time, authorize and re


upon it.


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