another, within the same State; while, in another aspect, the analogy fails. In respect to two counties, there must be a complete offence in the one to which the stolen property is conveyed; and so is the law in respect to the two States. But as regards the two counties, we may establish in proof, the crime in the first locality, as a foundation for the crime in the second to rest upon; while we can look at what was done in the first of the two States no further than to ascertain the legal relation which the party accused sustained toward the property, after he had passed over into the second."

After stating the authorities upon this point, the learned author proceeds:

"And it is a little remarkable, that, in all the discussion which this point has received, the precise aspect of it presented in the foregoing sections, has been no more than indistinctly shadowed; while evidently the view here taken places it, to one familiar with all the principles governing such questions, beyond doubt. Where that view, however, has partially appeared, an objection to it seems to have arisen, that it will render the prisoner liable to be twice convicted and punished for one offence, in violation of the spirit of the common law; but this objection, we shall see in the proper place, is without weight. The common law either admits of two convictions in such a case, or it does not; if it does, there is nothing in the objection; if it does not, then in whatever locality the first conviction takes place, it may be pleaded in bar of the second. But the common law knows no such plea in defence of a prosecution as hability to indictment elsewhere." 595, 596, 597, 599.

We cannot close this brief notice, without suggesting that there are some defects in style unworthy of the general character of the work. We read in § 403, that "the wide path of human improvement in all ages and countries has been macadamized with human bones, and wet with blood." In § 9, too, we learn that the legal river gurgles in Asia, and stagnates in Africa. These expressions do not detract from the solid merits of the work; but they pain its readers, and repel those, whose taste is fastidious. As we hope to read many volumes from the same industrious author, we make this suggestion in kindness, and hope it will be taken in good part.

On the whole, we look upon this treatise as a valuable addition to our legal literature, and as a credit to its author. We can hardly give too much praise to the faithfulness with which he has sought authorities, or to the labor by which he has condensed their points and reasonings. The study of criminal law is too much neglected. Indeed, it is matter of boasting with many eminent lawyers, that they know nothing of its disdistinctive principles. It must be that their clients sometimes suffer from this ignorance. We hope that the appearance of this commentary will attract attention to the importance of the subject.

THE PRACTICE IN COURTS OF JUSTICE IN ENGLAND AND THE UNITED STATES. By CONWAY ROBINSON, of Richmond, Virginia. Volume I: As to the Time and Place of a Transaction or Proceeding; treating chiefly of the conflict of laws, and the Statute of Limitations. Volume II: Treating of the Subject-matter of Personal Actions, in other words of the right of action. Richmond: A. Morris. 1854-5.

This work has a much larger scope than works on practice are generally understood to cover.

Quis, quid, coram quo, quo jure petatur, et a quo

Recte compositus quisque libellus habet,

is the old distich about a bill in equity, and so Mr. Robinson in the

preface to his first volume, says: "When I think of the time and labor expended on the present volume, and consider that this is but the beginning of the work, I am at times discouraged by the magnitude of the undertaking. It must treat of the causes for which personal actions may be maintained, the parties, pleadings, and evidence, as well as the proceedings generally therein from the commencing to the final process; the proceedings in suits for land, in other civil cases at law, in cases before courts of probate and other cases of a miscellaneous nature; the cases for equitable jurisdiction, the rules for the limitation thereof, the parties, pleadings and proceedings therein; and the proceedings in criminal causes. "What rights may be enforced by legal proceedings, and how, when and where, Mr. Robinson proposes to tell us. He brings to his work much ability and long practical experience. To say that a work of such extent has been done without imperfection or error, would be to assign him a most elevated position as a student and expounder of jurisprudence. To assume to pass such a judgment would be to claim for ourselves an equal eminence. We shall, however, assume to express our belief that the work is a valuable addition to the legal literature of America, and creditable to the bar, which the learned author adorns. The topics are treated with learning and precision, and with that legal discrimination which is rarely found except in persons whose studies have been directed and rendered practical by the correcting hand of experience. But our readers will be better served by a slight sketch of the subjects treated than any detailed expression of our opinion.

In the first volume the author considers, first, what state or country is to be looked to to ascertain the law that governs, and remarks on the conflict of laws and the rule of decision. These points are of great and increasing importance in this country from the number of independent Sovereignties which make up the federal whole. Under this head the author treats of fugitives from justice, and slaves going to a free State; of the powers of non-resident guardians, &c.; of the redress of private torts, committed on one country in another; contracts; marriage and divorce; property; estates of deceased persons; decrees and other judicial acts; proof of foreign laws, &c. ; war and aliens; suits by or against foreign sovereigns and corporations; by assignees, administrators, and heirs, &c.; when and how suits may be brought, and how defended; in what locality and tribunal brought.

The second part of this volume "as to the time of a transaction or proceeding" discusses the law of Sundays and holidays; computation of time; time for bringing personal actions generally, including the broad subject of limitations.

The second volume takes up "the subject-matter of personal actions," or, in other words, the right of action. On a sealed instrument, on bills of exchange, notes and other unsealed instruments; on promises generally expressed and implied; by owners of goods and chattels against adverse claimants or bailees, and wrong-doers.

We trust Mr. Robinson may find time and inclination to complete his design. His work will fill a place yet vacant, and we believe fill it well. We do not like to see so many errata, or to look upon paper quite so dingy, as the publishers have given us in his first volume. The" gladsome light of jurisprudence" should shine through a more translucent medium.

LIVINGSTON'S LAW REGISTER, Containing a complete list of lawyers in the United States, designating who are in practice, retired, on the bench, and all law firms, with the individual partners, &c., &c. By JOHN LIVINGSTON. New York: 187 Broadway. May, 1856.

Mr. Livingston's Register is a very useful book of reference for merchants and lawyers having occasion for professional services in any distant town or State. Judging from the list of lawyers in Massachusetts, we have no doubt that this book is as accurate and reliable as one of the kind can be made. It appears by an examination of the lists that the United States are fortunate enough to possess about 30,000 lawyers, and some of the principal cities as follows:

New York

about

66

We believe they will compare favorably in point of integrity and intelligence with any other class of men in the country.

Obituary Notice.

HON. LUTHER S. CUSHING, of Boston, died at his residence in that city, on the 22d of June, 1856, aged exactly fifty-three years, having been born June 22, 1803.

Mr. Cushing was a gentleman of kind and engaging manners, and of the strictest integrity and virtue, much honored and beloved in the community in which he lived. As a lawyer, in which point of view it becomes us chiefly to consider him, he was remarkable for attainments quite out of the ordinary range of legal studies in this part of the country. His knowledge of the civil law was shown by his lectures on that subject at the University in Cambridge, by translations of valuable foreign works, and by essays contributed to the "Jurist," of which he was at one time an editor. To show the high estimation in which he was held as a lawyer and jurist by those most competent to judge, it is sufficient to enumerate the offices which he successively filled. He was for many years Clerk of the House of Representatives of Massachusetts; he was lecturer at Cambridge; judge of the Court of Common Pleas; and upon the appointment of Mr. Metcalf to the bench of the Supreme Court, Mr. Cushing succeeded him as Reporter of its decisions. About two years since he was obliged, by failing health, to resign this situation, and the rapid advance of his disease prevented the completion of his reports, which, however, he recently placed in the hands of a gentleman very well qualified to do them justice, and who is diligently employed in preparing them for the press.

The original works by which Mr. Cushing will be remembered are his "Manual," containing the rule of proceeding and debate in deliberative assemblies, which, since its appearance in 1845, has been the standard authority of parliamentary practice throughout the country, and by the more comprehensive work on parliamentary law, which appeared only a few days before the lamented decease of its author. These works will entitle Mr. Cushing to lasting and honorable mention as one who has done good service to the law and literature of the United States.

THE

MONTHLY LAW REPORTER.

AUGUST, 1856.

HARBOR IMPROVEMENTS

- PURPRESTURE.

The right and title to the lake-shore of the great lakes is in the several States, not in the United States.

In general, breakwaters and other harbor improvements constructed by the United States, of late years, have been constructed without purchase of land and cession of jurisdiction from the several States in which the works are placed, and the land under them belongs to the respective States.

Lawful authority exists for the protection of the works thus constructed from pillage or appropriation by individuals or corporations.

Obstructions to navigation in the navigable waters of the United States, whether by States or by individuals, constitute acts of purpresture. There is a remedy in such case by ex officio information in the name of the Attorney-General of the United States.

OPINION OF THE ATTORNEY-GENERAL OF THE UNITED STATES.

SIR:-It appears by your letter of the 21st of September last, enclosing a communication to you from Colonel Abert of the corps of Topographical Engineers, that it is proposed to take legal measures to restrain any person from placing a bridge, pile, or other obstruction, nearer than within a certain prescribed distance from the breakwater now in the

VOL. IX. NO. IV. NEW SERIES.

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