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but questionable! Hope, the comforter of the wretched, would pour into our agonizing hearts its balmy dew. But, alas! there is no hope for us! Our WASHINGTON is removed forever! Poffeffing the ftouteft frame, and purest mind, he bad paffed nearly to the age of fixty eight years, in the enjoyment of high health, when, habituated by his care of us to neglect himself, a flight cold, difregarded, became inconvenient on Friday, oppreffive on Saturday, and, defying every medical interpofition, before the morning of Sunday, put an end to the best of men! An end did I fay ?- his fame furvives! bounded only by the limits of the earth, and by the extent of the human mind. He furvives in our hearts, in the growing knowledge of our children, in the affection of the good throughout the world; and when our monuments shall be done away; when nations now exifting fhall be no more; when even our young and far spreading empire fhall have perifhed, ftill will our WASHINGTON'S glory unfaded shine, and die not, until love of virtue cease on earth, or earth itself fink into chaos.

4. How, my fellow citizens, fhall I fingle out to your grateful hearts his pre-eminent worth? where fhall I begin in opening to your view a character throughout fublime? fhall I fpeak of his warlike achievements, all springing from obedience to his country's will--all directed to his country's good?

5. Moving in his own orbit, he imparted heat and light to his most diftant fatellites; and combining the phyfical and moral force of all within his sphere, with irrefiftible weight he took his courfe, commifferating folly, dildaining vice, difmaying reason, and invigorating despondency; until the aufpicious hour arrived, when he brought to fubmiffion the fince Conqueror of India; thus finishing his long career of military glory, with a luftre correfponding to his great name, and in this his last act of war, affixing the feal of fute to our nation's birth.

6. To the horrid din of battle, sweet peace fucceeded; and our virtuous Chief, mindful only of the common good, in a moment tempting perfonal aggrandifement, hushed the difcontents of growing fedition; and, furrendering his power into the hands from which he had received it, converted his fword into a ploughfhare, teaching an admir ing world, that to be truly great, you must be truly good,

7. Was I to ftop here, the picture would be incomplete, and the task impofed, unfinished-Great as was our WASH-INGTON in war, and as much as did that greatness contribute to produce the American Republic, it is not in war alone his pre eminence ftands confpicuous. His various talents, combining all the capacities of a flatefman with thofe of a foldier, fitted him alike to guide the councils and the armies of our nation. Scarcely had he refted from his martial toils, while his invaluable parental advice was still sounding in our ears, when he who had been our sword and our fhield, was called forth to act a less splendid, but more important part.

8. Poffeffing a clear and penetrating mind, a found and ftrong judgment, calmnefs and temper for deliberation, with invincible firmnefs and perfeverance in refolutions maturely formed, drawing information from all, actingfrom himself, with incorruptible integrity and unvarying patriotifm; his own fuperiority, and the public-confidence alike marked him as the man defigned by heaven to lead in the political as well as military events which have diftinguished the era of his life.

9. The finger of an overruling Providence, pointing at WASHINGTON, was neither mistaken nor unobferved; when, to realize the vast hopes to which our revolutiona had given birth, a change of political fyftem became indif. penfabie. How novel, how grand the fpectacle! Inde. pendent States stretched over an immenfe territory, and i known only by common difficulty, clinging to their union as the rock of their fafety, deciding by frank comparison: of their relative condition, to rear on that rock, under the guidance of reafon, a common government, through whofe commanding protection, liberty and order, with their long train of bleffings, fhould be fafe to themfelves and the fure inheritance of their pofterity.

10. This arduous task devolved on citizens felected by the people, from knowledge of their wifdom, and confidence in their virtue. In this auguft affembly of fages and pat riots, WASHINGTON, of course, was found; and, as if ac knowledged to be the most wife, where all were wife, with one voice, he was declared their CHIEF. How well he merited this rare distinction, how faithfu! were the labours. of himself and his compatriots, the work of their hands, and

dar union, ftrength, and profperity, the fruits of that work,, best atteft.

11. But, to have effentially aided in prefenting to his country this confummation of her hopes, neither fatisfied the claims of his fellow citizens on his talents, nor thofe duties which the poffeffion of those talents impofed. Heav en had not infused into his mind fuch an uncommon fhare of its etherial spirit to remain unemployed, nor bestowed on him his genius, unaccompanied with the correfponding duty. of devoting it to the common good. To have framed a constitution, was bewing only, without realizing, the general happiness. This great work remained to be done; and America, steadfast in her preference, with one voice fummoned her beloved WASHINGTON, unpractifed as he was in the duties of civil adminiftration, to execute this: laft act in the completion of the national felicity. Obedi ent to her call, he affumed the high office with that selfdiftruft peculiar to his innate modelty, the conflant attend... ant of pre-eminent virtue..

12. What was the burst of joy, through our anxious land, on this exbilerating event, is known to us all. The aged, the young, the brave, the fair, rivalled each other in demonftrations of gratitude; and this high wrought, des lightful fcene was heightened in its effect, by the fingular contest between the zeal of the beflowers and the avoidance of the receiver of the honours bellowed. Commencing his administration, what heart is not charmed with the recol lection of the pure and wife principles announced by himfelf, as the basis of his political life. He beft understood. the indiffoluble union between virtue and happiness, be tween duty and advantage, between the genuine maxims of. an honest and magnanimous policy, and the folid rewards of public profperity and individual felicity; watching with equal and comprehenfive eye over this great affemblage of communities and interefts, 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 af fections of its citizens, or command the respect of the world.

Τ.

CHAPTER XXXVI.

LAW CASE.

W

DANIEL, VERSUS DISHCLOUT.

E fhall now confider the law, as our laws are very confiderable, both in bulk and number, according as the ftatutes declare; confiderandi, confiderando, confiderandum; and are not to be meddled with by those who don't underftand 'em. Law alfo expreffes itself with true grammatical precifion, never confounding modes, cafes, or genders, except indeed when a woman happens to be flain, then the verdict is always brought in man slaughter. The effence of the law is altercation, for the law can altercate, fulminate, deprecate, irritate, and go on at any rate; now the quinteffence of the law has, according to its name, five parts. The firit, is the beginning, or incipiendum; the fecond, the uncertainty, or dubitendum; the third, delay, or puzzliendum; fourthly, replication, without endum; and fifthly, monflrum et horrendum.

2. All which was exemplified in the cafe of Daniel, verfus Dishclout. Daniel was groom in the fame family wherein Dishclout was cook-maid, and Daniel returning home one day fuddled, he flooped down to take a fop out of the dripping pan; which spoiled his clothes, and he was advifed to bring his action against the cookmaid; the plead ings of which were as follows.

fle.

3. The first perfon who spoke was Mr. Sergeant Snuf

He began, faying, "Since I have the honour to be pitched upon to open this caufe to your lordship, I fhall, I will, I defign to come to the point at once, and fhew what damages my client has sustained hereupon, whereupon and thereupon. Now, my Lord, my client being a fervant in the fame family with Dishclout, and not being at board wages, imagined he had a right to the fee fimple of the dripping pan, therefore he made an attachment on the fop 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 faid, that primus ictus fine Fokus, abfolutus eft provokus; now who gave the primus ictus? 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 paa."

4. The next counsel on the fame fide began with, "My Lord, he who makes ufe of many words to no purpose, has not much to fay for himself, therefore I fhall come to the point at once, and immediately I fhall come to the point. My client was in liquor, or rather the liquor was in him, which ferved an ejectment upon his understanding,. and his common fenfe was nonfuited, and he was a manbefides himfelf, as Dr. Biblibus declares, in his differta tion upon bumpers, in the 139th folio volume of the abridgment of the ftatutes, page 1286, he says, that a drunken man is homo duplicans, or a double man. Not only be caufe he fees things double, but also because he is not as he fhould be, profecto ipfe he, but he is as he should not be, defecto tipfe he."

5. The counfel on the other fide rofe up gracefully, playing with his ruffles prettily, and toffing the tyes of his wig emphatically. He began with, "My Lord, and you, gentlenen of the jury, I humbly do conceive, I have the authority to declare, that I am couufel in this cafe for the defendant; therefore, my Lord, I shall not flourish away in words; words are no more than filagree works. Some people may think me an embellishment, but to them it ismatter of aftonishment, how any one can be fo imperti. nent 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 fhadows. Now, in the first place, they have called a kitchen my client's premises; now, a kitchen is nobody's premifes; a kitchen is not a ware houfe, a wash houfe, a brew house, nor a bakehouse, an in-house, nor an out-house, nor a dwelling bouse: no, my lord, 'tis abfolutely and bona fide neither more nor lefs than a kitchen, or, as the law more claffically expreffes, a kitchen is, camera necessaria pro ufus cookare; cum fauce pannis, feru pannis, scullero, dreffero, coal bolo, ftovis, smoke jacko, pro roaflandum, boilandum, fryandum, et plum pudding mixandum, pro turtle foupos, calve's head hashibus, cum cali pee.et cali-pafbibus.

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