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7. “But we shall not avail ourselves of an alibi, but ada mit of the existence of a cookimaid ; now, my Lord, we shall take it upon a new ground, and beg a new trial; for: as they have curtailed our name, from plain Mary into Mill, I hope the court will not allow of this ; for if they were to allow of mistakes, what would the law do ? for when the law don't find mistakes, it is the business of the law to make them." Therefore the court allowed them the liberty of a new trial; for the law is our liberty, and it is happy for us that we have the liberty to go to law,

CHAPTER XXXVII. EXTRACT FROM THE ANSWER OF THE SENATE TO THE

SPEECH OF THE LIEUTENANT GOVERNOR OF. MASSA: CHUSETTS.

1. SCARCE had the tear, which had bedewed the cheek of patriotism upon the death of our much lionoured Chief Magistrate, been dried away; his passing knell was but just expiring in our ears, when our feelings were again agonized with the afflictive intelligence of the loss of our country's Fatier, Protector, and its first, best, kuman Friend. The eloquence of unaffected grief is silence; and were we to indulge the feelings of our hearts, we should mourn in forcible, but dumb expression. But to the prejudices and usages of mankind, we owe some respect; and, therefore, in language as brief, as it is incompetent, we will speak his Eulogy.

2 To cait WASHINGTON a Hero, would be a debase ment of him;:for heroisın has hicherio been too often allied with crime. To call himn merely a great soldier, would be injustice; for HE fought not to destroy but to preserve. To denominate him simply a great states mani would be inadequate ; for his politics were not like those of most Statesmen, subservient to ambition. In war he united the coolness of Pabius with the spirit of Cæsar, ard the humility of CINCINNATUS. In peace, he blended the virtues of TRAJAN with the wisdom of Solon, and the sublime, prophetic ken of CHATHAM.

3. Uniform and consistent in his political conduct, with equal severity he frowned on the intrigues of domestic faction and the insidious miles of foreign artifice. Equally

wready to draw his sword in his ripened manhood, to estaba

lish the independence of his country, and in his declining 3 years, to snatch it from its sleeping scabbard. to avenge its insulted honour.and violated rights. The watchful Father and illustrious Founder of a great empire, he did not strive to invest himself with the insignia of Nobility, the ordinary ambition of vulgar greatness.sebut by his talents and virtues he has ennobled his country.

4. The mortal part of WASHINGTON is consigned to the silent cemetery, but he hath bequeathed to his beloved fellow citizens a gloricus legacy, in his example, his character, acid his virtues, which oyght to render them pure and vir. tuous in their morals, devout in their religion, fervent in their patriotism, just in the cabinet, and invincible in the field. Four millions of freemen, with melancholy hearts, are living statues to thy memory, thou saimed patriot ! unfading laurels, fair as thy virtues, and imperishable as thy · Fame, shall bloom around thy monument, and protect, from unhallowed touch, thy consecrated Urn!

CHAPTER XXXVIII. . ? EXTRACT FROM, FUDGEMINOT'S ULOGY ON GENERAL - WASHINGTON, WHO DIEDDECEMBER 14th, 1799.

Delivered before the inhabitants of Boston. 1. OUR duty, my fellow townsmen, on this distressing occasion, is dictated by the dignity and resplendent virtue of the beloved man whose death we deplore. We asemble to pay a debt to departed merit, a debt, which we can only pay by the sincerity of our grief, and the respectful -effusions of gratitude ; for the highest: Eulogy left us to bestow: upon our lamented WASHINGTON, is the strict narration of the truth, and the loftiest character which we can assign to him, is the very display of himself. When ambition allies itself to guilt, when power tramples upon right, when victory triumphs in blood, when piety sits clouded in superstition, when bumility is affected by cunning, when patriotism, is founded on selfishness; then let adulation spread her prostituted mantle, to screen the disgraces of her patrons, and amuse with the falsehoods of her im. agination. But to our political Father, the faithful page of history is panegyric, and the happiness of his country is the monument of his fume.

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2. Come, then, Warriors ! Statesmen! Philosophers! Citizens ! assemble round the tomb of this favorite son of Virtue ! with all the luxury of sorrow recollect the important events of his life; and partake of the greatest lego acy which a mortal could bequeath you, in the contemplation of his esample. Your anniversaries have long celem brated the birthday of our illustrious Chief, and the parish of his own name in Westmoreland county, in Virginia, hoasts itself the place of his nativity. But to souls like his, local restrictions are not attached. Where Liberty was, there would be his country; happy for us, the Genius of Liberty, responsive to his affections, resolved that where WASHINGTON was, there also should be her abode.

3 Educated by private instruction, his virtue grew with his knowledge, and the useful branches of literature occupied the whole powers of his mind. Exemplary for solidity of thought, and chastity of morals, he was honored by the government of Virginia, with an important mission, at an age when the levities of the human character seldom yield to the earliest operation of reason.

4. To trace this Protector of our liberties, through his unrivalled career, from his gloomy retreat through the Jersies, to his several victories and his splendid triumph ar Yorktown, would be to narrate the varying history of our revolution. To him, public labor was amusement, suffering in the cause of freedom was a luxury, and every hour as it Hew carried a: offering to his country.

:5. As obedience to the voice of his oppressed fellowcitizens drew his sword on the approach of war, so at the declaration of peace, by the same respected voice he restored it to its scabbard. He left them bis blessing and their liberties. O human nature, how hast thou been traduced! with thee, has it been said, is essentially connected that lust of power

which is insatiable; which restores not voluntarily what has been committed to its charge; which devours all rights, and resolves all laws into its own authority; which labors not for others, but seizes the fruits of their labors for itself; which breaks down all barriers of reli. gion, society, and nature, that obstruct its course; now art Thou vindicated! Here we behold thee allied to virtue, worn in the service of mankind, superior to the meanness of

compensation, humbly hoping for the thanks of thy country alone, faithfully surrendering the sword, with which thou was tentrusted, and yielding up power with a promptness and facility equalled only by the diffidence and reluctance with which thou receivedst it.

6. Now, will the future inquirer say, this Hero has finished the task assigned him, the measure of his glory is full. A world is admitted to freedom-a nation is born. Favored beyond the leader of Israel, not only with the prospect, but with the fruition of the promised blessing, he has retired, like that prince of meekness, to the Mount, whence he is to uscend, unseen by a weeping people, to the reward of all his lobors. No, he is to live another life upon this globe ; he is to reap a double harvest in the field of perennial honor. The people whom he has saved from external tyranny, suffer from the agitations of their own unsettled powers. The tree of Liberty which he has planted, and so carefully guarded from the storms, now flourishes beyond its strength ; its lofty excresences threaten to tear its less extended roots from the earth, and to prostrate it fruitless on the plain. But, he comes ! In convention he presides over counsels, as in war he had led the battle. The CONSTITUTION, like the rainbow after the flood, appears to us, now just emerging from an overwhelming commotion; and we know the truth of the pledge from the sanction of his name.

7. The production was worthy of its authors, and of the magnanimous people whom it was intended to establish. You adopt it, you cherish it, and you resolve to transmit it, with the name of WASHINGTON, to the latest generation, who shall prove their just claim to such an illustrious descent.

8. Who'was so worthy, as our great legislator, to direct the operations of government which his counsels and his, sruord had laboured to erect? By an unanimous suffrage he was invited to the exalted station of President of the United States. The call was too sacred to admit of

oubt ; it superseded the happiness of retirement, the demands of private interest, the sweet attractions of domestic society, and the hazard (forgive it WASHINGTON ! for thou wast mortal) of public reputation. Bebold the man on this occasion so mighty in the eyes of all the world, so humble in his own.

9. Did the occcasion admit of it, how pleasing would be the review of his administration, as our Supreme Executive Magistrate ! His talents and his virtues increased with his cares. His soul seemed not to bear the limits of office, a moment after the obligations of duty and patriotism withdrew their restraints from his universal love, When the misguided savages of the wilderness, after feeling his chastisement, Rad sued for peace, he seemed to labour for their happiness as the common representative of mankind. Insurrection was-90 struck, at his countenance, that it fled from the shock of his arm. Intrigue attempted zo entangle him in her poisonous web, but he burst it with gigantic strength, and crushed her labours. Anarchy looked out from her cavern, and was dashed into oblivion, as we trust, forever. The nations of Europe saw the wisdom of our laws, the vigor of our measures, the justice of our policy, the firmness of our government, and acquiesced in the neutrality of our station.

10. The dangers of the Commonwealth having subsided at the close of his second administration, he felt himself justified, after dedicating forty-five years of his valuable life to her service, in withdrawing, to receive with resignation the great change of nature, which his age and histoils demonstrated to be near. When hedeclined your future suffrages he left you a Legacy. What! Like Cæsar's to the Romans, money for your sports ? Like Attalus's, a kingdom for your tyranny? Ne, he left you not such baubles, nor for such purposes. He left you

the RECORDS of wisdom for your government ; a MIRROR for the faithful representation to your own view, of yourselves, your weakness, your advanages, your dangers; a MAGNET which points at the secret mines and windings of party spirit, faction, foreign influence; a pillar to the unity of your republic ; a BAND to enclose, conciliate and strengthen the whole of your wonderful and almost boundless communities : Read, preserve the sacred deposite ; and lest posterity should forget the truth of its maxime, engrave them on his tomb, that they may read them when they weep before it.

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