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would pour into our agonizing hearts its balmy dew. But, alas! there is no hope for us! Our WASHINGTON is removed forever! Possessing the stoutest frame, and purest mind, he had passed nearly to the age of sixty-eight years, in the enjoyment of high health, when, habituated by his care of us to neglect himself, a slight cold, disregarded, be-came inconvenient on Friday, oppressive on Saturday, and, . defying every medical interposition, before the morning of Sunday, put an end to the best of men! an end did Ĭ · say?-his fame.survives! bounded only by the limits of the earth, and by the extent of the human mind. He survives in our hearts, in the growing knowledge of our chil dren, in the affection of the good throughout the world; and when our monuments shall be done away; when nations nowexisting shall be no more; when even our young and far spreading empire shall have perished, still will cur WASHINGTON's glory unfaded shine, and die not, until love of virtue cease on earth, or earth itself sink into chaos.

4. How, my fellow citizens, shall I single out to your grateful hearts his pre-eminent worth? where shall Í begin in opening to your view a character throughout sublime? shall I speak of his warlike achievements, all 3 springing from obedience to his country's will-all direct-ed to his country's good? +

5. Moving in his own orbit, he imparted heat and light : to his most distant satellites; and combining the physical and moral force of all within his sphere, with irresistible weight he took his course, commiserating folly, disdain. ing vice, dismaying treason, and invigorating despondency; until the auspicious hour arrived, when he brought to submission the since Conqueror of India'; thus finishing his long career of military glory, with a lustre corresponding to his great name, and in this his last act of war, affixing the seal of fate to our nation's birth.

6. To the horrid din of battle, sweet peace succeeded; and our virtuous.Chief, mindful only of the common good, in a moment tempting personal aggrandizement, hushed the-discontents of growing sedition; and, surrendering his power into the hands from which he had received it, con verted his sword into a ploughshare, teaching an admire ing world, that to be truly great, you must be truly good

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7. Were I to stop here, the picture would be incomplete, and the task imposed, unfinished-Great as was our WASHINGTON in war, and as much as did that greatness contribute to produce the American Republic, it is not in war alone his pre-eminence stands conspicuous. His various talents, combining all the capacities of a statesman with those of a soldier, fitted him alike to guide the councils, and the armies of our nation. Scarcely had he rested from his martial toils, while his invaluable parental advice was still sounding in our ears, when he who had been our sword and our shield, was called forth to act a less splendid, but more important part.

8. Possessing a clear and penetrating mind, a sound and strong judgment, calmness and temper for deliberation, with invincible firmness and perseverance in resolutions maturely formed, drawing information from all, acting from himself, with incorruptible integrity and unvarying patriotism; his own superiority, and the public çonfidence alike marked him as the man designed by heaven to lead in the political, as well as military events which have distinguished the era of his life.

9. The finger of an overruling Providence, pointing at WASHINGTON, was neither mistaken nor unobserved; when, to realize the vast hopes to which our revolution had given birth, a change of political system became indispensable. How novel, how grand the spectacle ! Independent States stretched over an immense territory, and known only by common difficulty, clinging to their union as the rock of their safety, deciding by frank comparison of their relative condition, to rear on that rock, under the guidance of reason, a common government, through whose commanding protection, liberty and order, with their long train of blessings, should be safe to themselves and the sure inheritance of their posterity.

10. This arduous task devolved on citizens selected by the people, from knowledge of their wisdom, and confidence in their virtue. In this august assembly of sages and patriots, WASHINGTON, of course, was found; and, as if acknowledged to be the most wise, where all were wise, with one voice, he was declared their CHIEF. How well the merited this rare distinction, how faithful were the

labors of himself and his compatriots, the work of their hands, and our union, strength, and pròsperity, the fruits of that work, best attest.

11. But to have essentially aided in presenting to his country this consummation of her hopes, neither satisfied the claims of his fellow citizens on his talents, nor those duties which the possession of those talents imposed. Heaven had not infused into his mind such an uncommon share of its ethereal spirit to remain unemployed, nor bestowed on him his genius, unaccompanied with the corresponding duty of devoting it to the common good. To have framed a constitution, was shewing only, without realizing the general happiness. This great work remained to be done; and America, stedfast in her preference, with one voice summoned her beloved WASHINGTON, unpractised as he was in the duties of civil administration, to execute this last act in the completion of the national felicity. Obedient to her call, he assumed the high office with that self distrust peculiar to his innate modesty, the constant attendant of pre-eminent virtue.

12. What was the burst of joy through our anxious land on this exhilerating event is known to us all. The aged, the young, the brave, the fair, rivalled each other in demonstrations of gratitude; and this high wrought, delightful scene was heightened in its effect by the singular contest between the zeal of the bestowers and the avoidance of the receiver of the honours bestowed. Commencing his administration, what heart is not charmed with the recollection of the pure and wise principles announced by himself, as the basis of his political life. He best understood the indissoluble union between virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and individual felicity; watching with equal and comprehensive eye over this great assemblage of communities and interests, he laid the foundations of our national policy in the unerring, immutable principles of morality, based on religion, exemplifying the pre-eminence of a free government, by all the attributes which win the affections of its citizens, or command the respect of the world.

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LAW CASE.

CHAPTER XXXVI.

DANIEL, VERSUS DISHCLOUT. 1. WE shall now consider the law, as our laws are very considerable both in bulk and number, according as the statutes declare; considerandi, considerando, considerandum; and are not to be meddled with by those who don't understand 'em. Law also expresses itself with true grammatical precision, never confounding moods, cases, or geaders, except indeed when a woman happens to be slain, then the verdict is, always brought in manslaughter. The essence of the law is altercation, for the law can altercate, fulminate, deprecate, irritate, and go on at any rate. Now the quintessence of the law has, according to its name, five parts. The first is the beginning, or incipiendum; the sccond, the uncertainty, or dubitendum, the third, delay, or puzzliendum; fourthly, rep-, lication, without endum; and fifthly,monstrumet-horrendum.

2. All which was exemplified in the case of Daniel, versus Dishclout. Daniel was groom in the same family. wherein Dishclout was cook-maid, and Daniel returning home one day fuddled, he stooped down to take a sop out of the dripping pan, which spoiled his clothes; and he was advised to bring his action against the cook-maid; the pleadings of which were as follows:

3. The first person who spoke was Mr. Sergeant Snuffle. He began, saying, "Since I have the honor to be pitched upon to open this cause to your lordship, I shall, I will, I design to come to the point at once, and shew what damages my client has sustained hereupon, whereapon, and thereupon. Now, my Lord, my client being a servant in the same family with Dishclout, and not being at board wages, imagined he had a right to the fee simple of the dripping-pan; therefore he made an attachment on the Sop with his right hand, which the defendant replevied with her left, tripped us up, and tumbled us into the dripping pan. Now in Broughton's reports, Slack, versus Smallwood, it is said, that primus strokus sine Jokus, absolutus est provokus, Now who gave the primus strokus? who gave the first offence? Why the cook; she brought the dripping-pan there: for, my Lord, though we will.

allow, if we had not been there, we could not have been thrown down there; yet, my lord, if the dripping-pan had not been there for us to tumble into, we could not have tumbled upon the dripping pan."

4. The next council on the same side began with, "My lord, he who makes use of many words to no purpose, has not much to say for himself; therefore I shall come to the point at once, and immediately I shall come to the point. My client was in liquor, or rather the liquor was in him, which served an ejectment upon his understanding, and his common sense was non-suited, and he was a man besides himself, as Dr. Biblibus declares in his dissertation upon bumpers, in the 139th folio volume of the abridgment of the statutes, page 1286, he says that a drunken man is homo duplicans, or a double man. Not only because he sees things double, but also because he is not as he should be, profecto ipse he, but he is as he should not be, defecto tipse he."

5. The council on the other side rose up gracefully, playing with his ruffles prettily, and tossing the ties of his wig emphatically. He began with, "My lord, and you, gentlemen of the jury, I humbly do conceive, I have the authority to declare, that I am council in thiscase for the defendant; therefore, my lord, I shall not flourish away in words; words are no more than filagree works. Some people may think them an embellishment,. but to me it is matter of astonishment, how any one can be so impertinent to the detriment of all rudiment.

6. "But, my lord, this is not to be looked at through the medium of right and wrong; for the law knows no medium, and right and wrong are but its shadows. Now, in the first place, they have called a kitchen my client's premises. Now a kitchen is nobody's premises, Akitchen is not a ware-house, a wash-house, a brew-house, nor a bake-house, an inn-house, nor an out-house, nor a dwelling-house: no, my lord, 'tis absolutely and bona fide neither more nor less than a kitchen, or, as the law more classically expresses, a kitchen is, camera necessaria pro usus cookcre; cum sauce pannis, stew-pannis, scullero, dressero, coal-bolo, stovis, smoke jacko, pro roastandum, beilandum, fryandum, et plumb pudding mixandum, pro turtle soupus, calve's head bashibus, cum calipee et cali-pashibųs.

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