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XXXVII. The supreme tribunal shall have appellate jurisdiction

from the superior courts of each state; and the superior court of each state shall have appellate jurisdiction from the inferior tribunals thereof, in such a manner, with such excep

tions, and under such regulations, as the law shall provide. XXXVIII. The judges of all the tribunals of the kingdom shall

hold their offices for life, provided they perform their duties with fidelity and ability.

TITLE IX-GENERAL PROVISIONS. XXXIX. The Roman Catholic and apostolical religion shall be

the established religion of the empire, and its ministers shall

be secured in their rights and privileges. XL. The nobility, the members of the illustrious orders, those of

the military state, and those of the learned professions, shall

retain their titles, honours, and distinctions. XLI. Free persons of all classes shall be alike protected by the

law; and entitled to advancement and honour in the kingdom,

according to their loyalty, patriotism, and talents. XLII. No class shall be subject to any personal tribute, or any

badge or symbol of degradation. XLIII. The administration of justice shall be free, prompt, pure,

and impartial. XLIV. The torture is forever abolished. XLV. The subjects in each state shall be entitled to equal privi

leges with those in every other state of the kingdom:-the royal monopolies are relinquished:-agriculture, manufacture and commerce, shall be free, and alike free to all.



At the request of my scientific friends in this place, the enclosed notice of Henry's American Herbal, is now forwarded for publication in the Analectic Magazine. It was far from my intention, when I commenced the examination, to publish it in any way; but have since been urged to communicate it to you, not only for the sake of exposing a work which

is evidently calculated to do mischief, but also with a hope that it may have the effect of disarming those European critics, who would be happy to avail themselves of such an opportunity to disparage our literary and scientific character, should the work fall into their hands.

Having no personal knowledge, either of Mr. Henry, or of those who have encouraged him in the publication of his work, it is impossible for me to be improperly biassed against them. For the correctness of these observations, I am under nd anxiety. I am, sir, respectfully, &c.

W. B. Savannah, (Geo.) Nov. 29, 1815.

A new and complete American Medical Family Herbal, wherein is displayed the true properties and medical virtues of the plants, indigenous to the United States of America: together with Lewis' secret remedy, newly discovered, which has been found infallible in the care of that dreadful disease Hydrophobia; proda. çed by the bite of a mad dog. Being the result of more than thirty years experienced practice of the author, while a prisoner, towards the close of the last war, . among the Creek Indians; and his travels through the southern states, whilst mak. ing botanic discoveries on the real medical virtues of our indigenous plants, wherein he has made known all his new discoveries, with the method how to use them, in the cure of most diseases incident to the human body. Adapted for the benefit of masters and mistresses of families, and for the community at large, of our United, Free and Independent States of America. By SAMUEL HENRY, bota. nist, one of the members of the late College of Physicians and Surgeons, and of the Medical Society of the city and county of New York-with an appendix, of many choice medical secrets, never made known to the world before.

Ero tam felix quam fortuna mea proebet, et faciam Alios, ess sic possim.
I'll be as happy as my fortune will permit, and make others so if I can.

A WORK published in the city of New York, more than a year ago, by Samuel Henry, botanist, entitled, “ A new and complete American Medical Family Herbal,” &c. &c. has only just reached us in this remote corner of the union. Great has been the anxiety of many of our medical and botanical literati in this wild country, to obtain a peep at a work, which, originating in one of the most populous cities in the central section of the United States, and published under the immediate in



spection of some learned professors, it was reasonably anticipated, would prove a valuable acquisition. The ardour of expectation, however, had been somewhat damped, by a brief notice taken of this “ American Family Herbal,” under the head of “Domestic literary intelligence,” in the Analectic Magazine for Nov. 1814. Here, it was insinuated that the author was an 5 unlettered man; that his scientific names were often grossly misspelt, or erroneous, and that even his nostrums and specifics were of doubtful authority.

The long looked for work at last arrived. Although neither its title, dedication, nor preface, afforded much indication of any thing valuable, the names of two learned professors, and the president of the Medical Society of New York, in recommendation of it, of course, induced us to judge favourably, until we had an opportunity of ascertaining its intrinsic merit for ourselves. After a very attentive perusal, we are constrained to announce with sincere regret, our entire disappointment respecting the value of this American Herbal.

It was, indeed, reasonably to have been expected, that a gentleman, however illiterate, who had spent upwards of thirty years in the investigation of plants, with a view to their application in medicine, notwithstanding he might still remain deficient in point of scientific arrangement, would have produced something valuable in this department—something worthy of being added to the common stock, and for which he would be equally entitled to a full share of the gratitude of his country, along with those who had the better fortune of being more liberally educated. No one, we presume, will contend that learning confers genius, and it cannot therefore be denied, that a man born with ordinary talents, although his means of obtaining scholastic knowledge be very slender, may, by habits of industry, acquire much useful information, even in some of the higher departments of literature and science.

From the assurances of Mr. Henry in his title-page, dedication, and preface, not a single exotic ought to be met with in his whole collection. An investigation of “ the real proper

ties and medical virtues of the plants indigenous to the United States," ought exclusively to be found. But what is the fact?, Of one hundred and fifty-seven plants noticed in this work, more than half are natives of Europe and other foreign countries. It is true, he often gives European names to plants which he means should be American; but, as he has, in most instances, where this has been the case, copied both his cuts and descriptions from foreign publications, the plants really treated of are exotic.

But in order to give as fair an expose as possible of this singular production, we shall take pains to transcribe several of his plants, dividing them into exotic and indigenous, giving the correct scientific names of such as can be well ascertained; to which we shall annex his names, and make our observations as we go along.

Note.— Those plants marked with the letter A. are exclusively exotic, and either never met with at all in this country, or only found in our gardens, or otherwise in a state of cultivation.

Those marked B. are also exotic, but have become naturalized, and are found growing spontaneously in some parts of the United States.

Those marked C, are found native in North America, and other countries.

Those marked D. have been copied from Woodville and others, although American plants may have been sometimes substituted for them.

1. Exotic.

1. Angelica sylvestris. D.—“ Angelica wild, the greater Angelica sylvestris.”

The Angelica sylvestris is not known to be a native of the United States, and has probably never been cultivated. It inhabits the north of Europe, and is considered of little value. Although Mr. Henry has evidently borrowed the name as well as description from the Medical Botany of Woodville, his wood

cut appears to be original, as it does not correspond with the figure of A. sylvestris exhibited in that work.

2. Lichen caninus. C. Ash coloured liverwort. Litchen caninas."

This Lichen caninus is said to be a native of the United States as well as of Europe, but it is probable Mr. Henry has never seen it, as both the cut and description are copied from Woodville. 3.

“ Ash prickly. Fraxinus spinosus." As we have no Fraxinus spinosus, the plant intended to be described may be the aralia spinosa, or possibly, the zanthoxylum fraxineum, both of which have been called prickly ash.' The cut is evidently taken from Woodville, and corresponds with the fraxinus ornus of Europe.

4. Geum urbanum. D._" Avens. Geum urbanum."

The Geum urbanum is also a native of Europe, and not found indigenous to the United States; but the author, as before, has copied the name, &c. The Geum rivale, which is abundant in the state of New York, comes the nearest to the European G. urbanum, but he may have employed the G. Virginianum, or G. hirsutum.

5. Rhamnus catharticus. D._“Buck-thorn. Rhamnus cathorticus. Spina cervina."

It is the rhamnus catharticus of Europe that is here figured; but as this plant is not found native in any of the hedges of the United States," the author has probably mistaken a species of crataegus for it.

6. Arctium lappa. B.-"Burdock. Artium lappa.”

7. Pimpinella saxifraga. D.-" Burnet saxifrage. Pim•pinella.”

No species of pimpinella has ever been found in the U. States.

8. Chironia centaurium. D.*_“Centaury, Centaurium, minor."

• We are aware that Professor Barton has included the gentiana centaurium of Lin. as an indigenous plant, but we do not think that the fact has been suffi. ciently established.

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