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7. "But we shall not avail ourselves of an alibi, but af mit of the existence of a cook maid; now, my Lord, we fhall take it upon a new ground, and beg a new trial; for as they have curtailed our name, from plain Mary into Moll, 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 lib. erty of a new trial; for the law is our liberty, and it is happy for us we have the liberty to go to law.
EXTRACT FROM THE ANSWER OF THE SENATE TO THE SPEECH OF THE LIEUTENANT GOVERNOR OF MASSA
CARCE had the tear, which had bedewed the check of patriotifm upon the death of our much honoured Chief Magiftrate, been dried away; his paffing knell was but juft expiring in our ears, when our feelings were again agonized with the afflictive intelligence of the lofs of our country's Father, Protector, and its firft, beft, human friend. The eloquence of unaffected grief is filence; and were we to indulge the feelings of our hearts, we should mourn in forcible but dumb expreffion. But to the prejudices and ufages of mankind, we owe fome refpect, and, therefore, in language as brief, as it is incompetent, we will fpeak his Eulogy.
2. To call WASHINGTON a Hero, would be a debafe. ment of him; for heroifm has hitherto been two often allied with crime. To call him merely a great foldier, would be injuftice; for HE fought not to defroy, but to preserve. To denominate him fimply a great fatesman, would be inadequate for his politics were not like thofe of most Statesmen, fubfervient to ambition. In war he united the coo'nefs of FABIUS with the spirit of CESAR, and the huility of CINCINATUS. In peace, he blended the virtues of TRAJAN with the wifdom of SOLON, and the fublime, prophetic ken of CHATHAM.
3. Uniform and confiftent in his political conduct, with equal feverity he frowned on the intrigues of domeftic fac
tion and the infidious wiles of foreign artifice. Equally ready to draw his word in his ripened manhood, to eftab lith the Independence of his country, and in his declining years, to fnatch it from its fleeping scabbard to avenge its infulted honour and violated rights. The watchful Father and illuftrious Founder of a great empire, he did not ftrive to inveft him.felf with the infignia of Nobility, the ordinary ambition of vulgar greatness; but by his talents and virtues he has ennobled his country.
4. The mortal part of WASHINGTON is configned to the filent cemetry, but he hath bequeathed to his beloved fellow citizens a glorious Legacy, in his example, his character and his virtues, which ought to render them pure and virtuous in their morals, devout in their religion, fervent in their patriotifm, juft in the cabinet, and invincible in the field. Four million of freemen, with melancholy hearts, are living flatues to thy memory, thou fainted pairiot! unfading laurels, fair as thy virtues, and imperishable as thy Fame, shall bloom around thy monument, and proted, from unhallowed touch, thy confecrated Urn!
XTRACT FROM JUDGE MINOT'S EULOGY ON GENERAL
1. UR duty, my fellow townsmen, on this diftreffand resplendent virtue of the beloved man whofe death we deplore. We assemble to pay a debt to departed merit, a debt, which we can only pay by the fincerity of our grief, and the refpectful effufions of gratitude; for the highest Eulogy left us to bestow upon our lamented WASHINGTON, is the ftrict narration of the truth, and the loftiest character which we can affign to him, is the very display of himself. When ambition allies itself to guilt, when power tramples upon right, when vicary triumphs in blood, when piety fits clouded in fuperftition, when humility s affected. by cunning, when patriotism is founded on felfishness; then let adulation fpread her proftituted mantle, to fcreen the disgraces of her patrons, and amufe with the falfehoods of
her imagination. But, to our political Father, the faithfu page of history is panegyric, and the happiness of bis country is the monument of his fome.
2 Come, then, Warriors! Statesmen! Philosophers! Citizens affemble round the tomb of this favourite son of Virtue! with all the luxury of sorrow recolle& the impor tant events of his life; and partake of the greatest legacy 1 which a mortal could bequeath you, in the contempla tion of his example. Your anniversaries have long cele brated the birthday of our illustrious hief, and the parish of his own name in Westmoreland county, in Virginia, boasts 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, efponfive to his affections, refolved that where WASHINGTON was, there alfo thould be ber abode.
3. Educated by p.ivate inftruction, his virtue grew with his knowledge, and the ufeful tranches of literature occu pied the whole powers of his mind. Exemplary for folid ity of thought, and chastity of morals, he was honoured by the government of Virginia, with an important niiffion, 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 Jerfies, to his feveral victories and his splended triumph at Yorkton, would be to narrate the varying history of our revolution. To him, public labour was amusement, suffering in the cause of freedom was a luxury, and every bour as it flew carried an offering to his country.
5 As obedience to the voice of his oppreffed fellow. citizens drew his fword 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 his bleffing and their liberties. O human Nature, how hast thou been traduced! With thee, has it been faid, is effentially connected that luft of power which is infatiable; which restores not voluntarily what has been committed to its charge; which devours all rights, and refolves all laws into its own authority; which labours not for others, but feizes the fruits of their Jabours for itself; which breaks down all barriers of relig ion, fociety, and nature, that obftruct its courfe; now art thou vindicated! Here we behold thee allied to virtue, wor
in the fervice of mankind, fuperior to the meanness of compenfation, bumbly hoping for the thanks of thy country. alone, faithfully furrendering the fword, with which thou waft entrusted, and yielding up power with a promptness and facility equalled only by the diffidence and reluctance with which thou received'ft it.
6. Now, will the future inquirer fay, this Hero has finished the task affigned him the measure of his glory is full. A world is admitted to freedom-a nation is born. Favoured beyond the leader of Ifrael, not only with the profped, but with the fruition of the promised bleffing, he has retired, like that prince of meeknefs, to the Mount, zuhence he is to afcend, unfeen by a weeping people, to the reward of all his labours. No, he is to live another life upon this globe; he is to reap a double harveft in the field of perennial honour. The people whom he has fa ved from external tyranny, fuffer from the agitations of their own unsettled powers The tree of Liberty which he has planted, and fo carefully guarded from the ftorms, now flourishes beyond its ftrength; its lofty excrefcences threaten to tear its lefs extended roots from the earth, and to proftrate it fruitless on the plain. But, he comes! In convention he prefides over counfels, 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 fanƐlion 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 refolve to tranfmit it, with the name of WASHINGTON, to the lateft generation, who fhall prove their juft claim to fuch an illuftrious defcent.
8. Who was fo worthy, as our great legiflator, to dr rect the operations of government which his counfels and bis fword had laboured to erect? By an unamimous fuff. rage he was invited to the exalted ftation of Prefident of the United States. The call was too facred to admit of doubt; it fuperfeded the happiness of retirement, the demands of private intereft, the fweet attractions of domestic fociety, and the hazard (forgive it, WASHINGTON ! for thou waft mortal) the hazard of public reputation. Be
hold the man on this occafion fo mighty in the eyes of all the world, so humble in his own.
9. Did the occafion admit of it, how pleafing would be the review of his administration, as our Supreme Execu tive Magiflrate! His talents and his virtues increased with his cares. His foul feemed not to bear the limits of office, a moment after the obligations of duty and patriotifm withdrew their restraints from his universal love. When the mifguided favages of the wilderness, after feeling his chaftifement, had fued for peace, he seemed to labour for their happiness as the common reprefentative of mankind. Iufurrection was fo ftruck at his counte nance, that it fled from the shock of his arm. Intrigue attemp ed to entangle him in her poisonous web, but he burft it with gigantic ftrength, and crushed her labours. Anarchy looked out from her cavern, and was dashed into oblivion, as we trust, forever. The nations of Europe faw the wisdom of our laws, the vigor of our meafures, the juftice of our policy, the firmness of our government, and acquiefced in the neutrality of our station.
10. The dangers of the Commonwealth having fubfid. ̈ ed at the close of his fecond administration, he felt himself juftified, after dedicating forty five years of his valuable life to her service, in withdrawing, to receive with refig nation the great change of nature, which his age and his toils demonstrated to be near. When he declined your future fuffrages he left you a Legacy. What! Like Cæfar's to the Romans, money for your fports? Like Attalus's a kingdom for your tyranny? No; he left you not such baubles, nor for fuch purposes. He left you the RECORDS of wisdom for your government; a MIRROR for the faithful reprefentation to your own view, of your felves, your weakness, your advantages, your dangers; a MAGNET which points at the fecret mines and windings of party Spirit. faction, foreign influence; a PILLAR to the unity of your republic; a BAND to enclofe, conciliate and firengthen the whole of your wonderful and almost boundless communities: Read, freferve the facred depofit; and left pofterity fhould forget the truth of its maxims, engrave them on his tomb, that they may read them when they weep before it.