VOL. XXIII, FRIDAY, AUGUST 23, 1822; NO. 1196. CHARACTER Of" PROFESSOR FISHER. f Extract from an Address delivered Itf ore the University in Cambridge, JululQth. 1822, bit Anderson Nor- TO, rrpjessor vj aacrea juiie-niim e. I cannot venture, if I would, to ex cite your feelings, for I must repress my own, as I can. . -But there is no danger that you will not hear me with sufficient interest. The grave is just about to close upon all that now re mains in this world of one whose ge- DlUS wa as iiv.ii, " warm, whose virtue was as firm, whose understanding was as clear and vigor ous, as we may ever hope in the in tercourse of life to find thus united a- TU la an rlnniipnrff1 in the 3111. iitir -' I V dumb show that surrounds us, to which all words are weak. The last recollections which are left upon my mind, of him whom we have lost; are of his expressions of Jeep re ligious feeling, and of those strong but humble hopes, which are now changed into certainty. These recollections connect themselves at once with all fttit I tnmv f his character and life. He was a'relicious man in the hiph and true sense of the words; and to say that one istruly a religious, man, is to say, that ; he comprehends and eels those relations by which,and by which alone, our nature is ennobled : that all which is most glorious and ex alting in our conceptions of infinity and eternity, has become to him a mat ter of habitual belief ; that he knows himself to be j the creature of God. holding a rank in the universe immea surably higher than what the mere man of this world can imagine ; and that he is under the uniform control 01 expevlalluus auu iiiuuvcs, uic ic.ii- dency of which is to raise him above all vulgar and selfish feelings, and to infigorate all that are pure and gene rous. The religion of him whom we mourn, was not of that spuriaus kind, which borrows .its heat from the mean er passions. They furnished no fuel for its support. It burnt clear and steadily upon the altar of his heart, . and the temple within was filled with its fragrance. His religion was the controlling principle of his life. It manifested' itself, as, it always does, when it thoroughly pervades and forms the chrracter, not in artificial exhibi tions for the view of mankind, not un seasonably and impertinently, but by that natural recurrence to its motives and sanctions, which appears, whene ver the occasion demands it, in the conduct avid conversation of a sincere j apd rational Christian. He had stu died the evidences of our religion, with a very acute and clear mind, whose natural tendency, from his high inte grity, and from his dread of all unfair ness, was to admit objections and dif ficulties in at least'their full strength ; and there is no one, whose faith was more firm, than his; He perceived the force of its externa) proofs, he un derstood its infinite value, he felt the umnity or its character,, he made it the foundation of his hones. His views of religion were very serious ; and he was earnest that it should alwaysube presented to men' as incomparably their most solemn consideration. The feel ings of no one could be more abhor rent from all levity and indifference upon this subject; and frotn regarding U under a mere worldly aspect. If those who knew him best, were called upon to mention any virtue by which he was particularly distinguish ed, I believe they would unite in nam ing integrity. He was a man, who, "ever any one could, might have told the world his purposes, and have risen m their respect, if; you were to de termine, whether he would pursue any particular course of conduct, or aim at DJ particular object, you had only to determine, whether he would think that object right, and that course of conduct his duty ; and you were sure that no selfish or mean passion, and n sinister purpose, would interfere to J?ad insensibly his judgment astray .: tu knew and felt that you could rely n perfect security upon his truth, sin cerity, and openness. ' There were o false appearances about him. : He Dad nothing of that disguise and cun D,ng which is sometimes mistaken for policy.- His conduct lay before you broad day-light ; and you never were at a loss for h a loss for his motives, and von never perceived any but what were fconprable. 1 know the; force of the language I am using. It the last occasion on which I should suffer my self to indulge in idle and unfounded praise, tit is an occasion far too so lemn and painful. I will speak jof him With the truth which he loved, p If it were possible I should not, his image, which is continually recurring tO my mind, would bring t admonition and shame along with it. ; 1 His notions of right and wrong were founded upon the laws of religion and of God, and. not upon the maxims of the world. He compared his actions not with the opinions and sentiments of the day, but with the eternal princi ples of morality. He was not an harsh censor of men ; he was ready to per ceive what might be pleaded in excuse for their follies, and errors, and im perfections ; but he never; treated. vi ces with levity. There is a passage of Tacitus, to which I have heard him repeatedly allude with strong appro bation ; and his reference to it shews the character of his own moral, senti ments. It is where that historian, speaking of the manners of the Ger mans, says, that no one among them laugh at Vices, nor is corrupting and being corrupted called the. way of the world.' Nemo illic vitia ridet, nec corrumpere et corrumpi sarculum vo caiur. He was a public man. His life was spent in public 'services, and he was interested in every thing, by ivjiich the public welfare could be promoted Natural weakness of constitution, and disease, as you know, affecting his eyes, and almost depriving him of their use lor the purposes ot study, opposed a constant obstacle in his efforts to do good, which it required more than common resolution to overcome. But he did overcome it. He made the best use of all the high intellectual powers which God hail gjven him, and or all the bodily faculties which God, in his providence, permitted him to retain ' lie was a mcst faithful and valuable ( Officer of this University. No one has I contributed more to its respectability j and usefuluess. No one had juster views of the proper objects of such an j-institution, or of the means by which they are to be attained. Nponecoulu be more solicitous, that it should be distinguished for religion and good morals, as well as for its literary cha racter. For the office which he for merly held, that of Professor of the Latin Language, he was peculiarly fit ted by his fine taste, and by his just discrimination of the meaning and force of language, the result of accurate thinking. For the duties which he last performed, as instructor in Moral Phi-' logophy, he was equally qualified by his activity of mind, by his distinctness of thought, by his clearness of expres sion, by his metaphysical acuteness under the direction of Strong good sense, and above all, by the delicacy and purity of his moral principles and feelings. But it was not only in the performance of his'professibnal duties that he served the university ; he ren dered it a essential a service by the example of his life, by the pervading influence of his correctness of thought arid sentiment, and by giving the whole weight of a 'character, which none could know without 'respecting, to the ad vancement of moral and intellectual excellence. This is an indefinite ser vice, of which it is not easy to estimate the exceeding value. .. As a writer, from the physical cau sesto which I have before alluded, he gave to the word, during his life, but few proofs andlmemorials of his fine genius. ; You aire well acquainted with the manner in which these have been estimated by all to whom they have become known., I will not now dwell upon the condensation of thought, and the beauty and richness of imagery which they exhibit. They are marked by another characteristic, in the con sciousness of which he himself would have felt far deeper pleasure. It is by their, truth of sentiment, and high mo ral feeling. Such is the unnatural love of every sort of excitement which pre vails among a portion of readers at the present day, that it appears to be some times forgotten, that the moral charac ter; of writings is a matter of conside ration. But .moral perfection is' the highest object of a correct .taste, and the true & complete cxhition of it in writing is scarcely less "difficul t than its practice in life, There 'ia- nothing false in that snleud id revelation ef an cient philosophy, that perfect goodness and perfect beauty are the same. It is not 'the work of a common intellect or vulgar taste, to diffuse over its writings the holy charm of moral loveliness. It islthe result of a unionbetween genius and virtue. There are hundreds, of authors yet borne up by popular fame, whose minds were of far too inferior an order to be conversant with those sentimentsand principles which are the living springs of beauty. There are. too, at the present day, as there pro bably always have been? many writers and many readers, who seem to think that correctness of sentiment is of lit tle importance, provided the expres sion be happily turned or highly color ed. Thus it is, that a great deal passes for fine writing, which has very little claim to the character, since truth and goodness ae essential requisites to excellence, and the first demands of a cultivated .taste and enlightened judgment. In whatever was written by him whom we have lost, they were found united. His writings correspond ed to his life. They reflected, as in a clear mirror, his heart and his under standing. FROM THE EDENTON GAZETTE. Published in the Register by request. To the Printer of the Edenton Gazette. ' Sir It is believed that the Bill of Kights guarantee tQ us the trial by jury, as it was known and practised at the period of the re volut6n ; and that the several acts of Assem bly, by which that right has been takcu from the people, are as violent infringements upon I our liberties as th'ey are hostile to the genius and principles of our government. It will not be an unprofitable task, to "ex amine some of the reasons which are given, by the advocates of the increase of the civil jurisdiction of the justices of the peace, out ; of Court, in favor ot their civil law mode ol trial. In the first place, it is alleged, that the law which gives jurisdiction to a single jus tice of the peace, uniformly allows to either party, dissatisfiedwith his judgment, an ap peal to the County Court, where the contro versy must be finally submitted to a jury. It is admitted, that the same law, which gives jurisdiction to a single justice of the peace, does allow to either party, without any cause shewn, an appeal to the County Court, upon good security being given, by the appellant, to prosecute, it with effect. And so -wholesome are tlie provisions of our laws in this res pect, that the security to an appeal, renders himself us much liable as a parti to the suit and becomes as responsible to the appellee, as if he were a partner in the transaction. If the "Plaintiff appeals from the judgment of a single justice of the peace, to the County Court, and should, from any cause whatever, be non-suited, a judgment for costs will be rendered against him, and his security ; and the appellee may take out execution against both, Or either, at his option. But if the De fendant appeals, and judgment should be rendered against him, and his secuiity, the plaintiff may take out execution against both or either of them. So excellent are the pro visions of our law, that the party who prevails in the appeal, may, on motion to the Court, im mediately obtain the same judgment against the security, as has been rendered against the principal. The right of appeal, therefore, is offered, upon such conditions, that none can claim it "but meii of property, or such as! can prevail upon their friends to embark in their controversies, and risk the events of their law suits. Appeals being granted, upon the con dition of security only, without any reason assigned, or cause shewn for them, often ena ble a party to procrastinate the day of pay ment, but do not always answer the purposes of justice. But this boasted right of appeal is no ney right given by the acts of the Assem bly!; for the people have always had a right to have their causes removed, from an infe rior to a higher tribunal, in order to obtain a proper j decision of their claims. And the, common law has provided several jvrits.fpr this purpose, which in every point of view are, greatly preferable to an appeal. It is true that these common law writs, being sel dom used, are almost' unknown among the people, and the method of obtaining them somewhat circuitous ; but so excellent are its provisions, that the means of, redress which it furnishes are framed witho much wisdom, and designed with so much skill, as always to answer the purposes of justice, and never lead to fraud or oppression In truth, so wholesome; are all the provisions tf the common law, that nor man can sustain an in- jiuy, for. which it does not aff ord him an ap propriate remedy, and adequate redress. But perhaps the right of appeal has, in practice, the effect which- was intended by the projec tors of it. By it, a party, either with or -without cause; is enabled to remove his suit, from one tribunal to another, at pleasure, and to harass his adversary, -by every legal means. But the law, which allowV it, being framed without forecast; or experience Wants fthe admirable checks of the common law, to pre vent the benefit Which it intends, from being perverted to the worst of purposes. " i The rieht of anneal allowed: bv the acts of Assemoiy, irom tne judgment ot a single jus tice . of the , peace, has begtjavetiycMb some, io legitimate the increase of theirpowr er ; because in some stage of & suiCpriginally commenced by warrant, the parties are sure to have the benefit of a trial by jury. I But can any man, who is qualified to form "an o pinion,. seriously. support so monstrous a pro-' position ? ,1s not the. summary mode of trial, before a single justific, ol the peace, hostile i li t 1 V. . 1 to the genius and principles of a free govern nlent, and contrary to the spirit and! maxims oi ine common law, ana an attempt to ouiia upon its ruins, a systein in eery respect like the Roman or civil law, with all its appenda ges of slavery, bribery, corruption and op pression ? Sin -ely it is. For if the trial by jury can be dis pensed with in the first stage of a suit, by the same right, it. may be- dis pensed with t .the very last.; But is there any person So hardy as to declare, , that the tiial by jury is not taken away frbmhe peo ple, if it is "disp ensed with in the County and Superior Courts, provided it is preserved in thfe Supreme Court ? , And yet those who maintain, that the trial by jury is not taken away from us, because, an appealls allowed to eitlier party who may be dissatisfied with the judgment of aingle justice of the peaces must support a proposition equally monstrous If the people caa be gulled by such reasori- ing, mere is no provision ot tne uonsmuuon which may not be violated with impunity Such doctrinesL will sap . the foundations of the government, and leave the institutions, reared by the labor, and cemented by the blood of our fathers, to tumble into rtiin Another reason urged by the advocates of the increase of i Ihe civu powers of the jisti ces pf the peace, out of Court, is, that it ren ders law cheal). it is, granted, that it has this effect. Bmt it is doubted, whether the cheapness of the law is an advantage, to, any people. JTi a free statue, t is good policy, so j to regulate tne price ot Jaw processthat the j poor may be enabled to assert their right, as well as the riclj. j On the contrary, it ought j not to be so cheip, as to induce every person to dabble in thl law. There is a medium ber tweeh the highest and lowest price of law process, which levery wise government. mut wish to ascertain, and at which, when found," to limit the price. For those who. wish to set it as high as possible, and those who seek to fix it as low as possible, may he justly charged with a design, ' by opposite meaiis to, overturn ths liberties of their country. But in this stati j the price of law process; in the public courts of record, cannot be aid to. approach too'near the first extreme ; but ra ther to approximate tle last. This reason is therefore mGrejspecious than solid. For iin truth, the desire of popularity has so con stantly pervaded our legislature, and gained such an ascendency over the hearts of bur representatives as to keep this price witljin the strictest bounds of economy. Those there fore who advocate the increase of the' civil jurisdiction of single justices of the peace, on account of the cheapness of their process, do it upon grounds which are both impolitic and unjust. 4 It is impoliticL in a free state, to submit nearly one half ( of the law controversies of the people, to the determination of single in dividuals, and to expose them to the fury of petty tribunals, jwhich may be often inflamed by resentment ;dr malice or influenced by corruption : more especially, when these tri bunals may .rear their crests in a corner, where no. powejr can save, and no innocence protect, a man from oppression. For as the justices may sefect any place, and afiy. Jime for their trials, they sit Jalmost without res 4Jonsibility,anq are armed with sufficient powers to awe the multitude into submission,' however arbitrary and unjust ate their com mands or corrupt their decisions;. r'.For it is believed, that such trials 'as are had before single justices bf the peace, are open to a buse, from evejr source from whence evil can flow. And j although the justices of the present day cannot, in froany instances, be charged with opjert corruption or venality,' yet they are too often influenced in their deci ecions by partiality and prejudice; and top often exhibit their utter incompetency to ad minister the laws, which they have sworn to execute:4 Artful and designing men must and will seize upon their want of all kinds of knowledge, to bend them to their purposes, and make them the instruments of their wick ed designs. And there can be no doubt, but that these trials jwill sooner or. later, exhibit such scenes of vjenality and corruption as he ver disgraced the administration of justice" in any free country on earth. That they must contaminate the !whol body politic, and des troy that spirit of sturdy independence among the people, which the common law has a ten- A It is immoral Jo offer 1 by law, a bounty to debtors to with liold the payment of their debts. They ar ; guilty of this offence, who endeavor to cheapen the price of law below the sum which good -policy requires ; be cause they seek to make it "better for jthe in terest of debtors to use their money in trade or speculation, than topay tliep debts. , Ex perience proves,) that men can only be com pelled to perform their contracts, by a regard for their interest! If, therefore; in any state, the expense of the collection of debts,hy a course of law, be Jess than the interest and profit which can be made byjthe use of the money during that timeVew will be willing to pay their debits, until compelled by law. But if the expence of uch a moile of jiay ment, considerably exceeds the interest and profit, self interest will quicken the pace of industry, and induce.a faithful observance of the obligations of contracts , T v ; The truth of ese observations is fully and Satisfactorily proven bv- the state of are so tnrung, ana.tne prospeci pi aeiay, py means of th'e stay-law, -so flattering, that few persons regard them. Indeed, so general is the desire to piwrastinate . the payment of tne aemanas recoveraoie oerore a smgie jus tice of the Peace, that nine-tenths of debts of this description are annually collectr edhy the-constables1. While the coss ofa suit, in the public; Courts of Beeord, which are by no means Extravagant, are looked up on, by debtors "of another i description, as a considerable inconvenience. ' -' July 125, . j . i . LAOS. Bbmka of ali kids mjty be bid at this Office. Law of the Untied Stai&r if A .. t satidn of QflRcers of , the ; to alter certain Collection districts, and " for jother rpf .ser V K v; Be ti enacted by the Senate and Houst 1 cf Refireseritatives of the United States ) : of America yin Congress assembled That the Collection district of White Mountains shall be, and hereby, v is, annexed to the v district of Portsmouth, , in .New-Hamp-' shire ; the district of Memphrymagog to the district of VermohVi the district cf . Hudson, to the district iof NewYb'rk and each of the districts a annexed is hereby abulislied, and made and cuMistkiited a ' part of the dUtrict to whicli it is annexed. Seq. Andbe it further enacted That the collection district M fester, with the district of Havre de Grace, bei and here by is, annexed to the district tf Baltimore -the district Nottingham,; to the district' of Annapolis ; the district of Dumfi ies andrYeocomico,vto the district of TappA- hannock ; the disti iQts of .Hampton, fa X"$xu,? and h Quay, , to the district 4 - ui lauiuuiu : ana eaeii rr and established a port! of rfplfvp the privdeges .appertajning to such ports bee. b. And be it further emctedt That ' thoflRces of surveyor in Augusta, a'ho mastowu, Waldoboro' St. George, Bris tol, Nobleborq'. and Rancor in .'Mii'nJi Gaston, Great Mi Is. St. 1n. tn 9n i rvland Wintnn TAmKM-cT.. t i N IVrvnfrvn Tnfl inn,i..ri.AT .... ti . 4L. ww 4,rta4uuianK, hi portn-jarclina ; ritt&- Sec. lndbetytjurther enacted. Thai luotank, m.North Carolina.; be. anrl the same are heiebv.i discoVitirtnV the districts so annexed is hereby abA lishedand made and constituted iipari . of the district to which 'it i 'Vn'nn..-. ourg, marietta, ; Cincinnati, Massac,', Charleston, iu V irginia; and Limestone be, and the saine,are hereby, abolished, f the- port oideUveryof Augusta, in Maine. Wintcn; 1 ombstone, Skewarkv Nixdn'- ' ' ton, Indiantown, New Biceriri Crrelt Pasc ports ofdelivtry. ir:!,- Sec. 5. Aitd be itJurther enaclediThki . the President ef t he United States be; and he is hereby; authoriiedith the advice ' and consent of .the Senate to appoint a surveyor to each 1 of theports of deli very established by; this act ; arid also a sur veyor for. the port.of Eastport, in the dis- -trict of Passamaquoddy ; and each suiv v1 veyor, so appointed, shall have tho H'wt"i auKvy io uie same uuties ' as uuicr aui:vcyiiT m me CUStpmS. k ' Sec. 6. And b'e it further enacted Thai the' salaries heretofore allowed by la to! the several collectors of the the districts of White. Mountains .fmi . phrymagog, Barnstable, Nahtuck6t,;Mar-i blehead, and New Bedford, shall cease and be discontinued. , 4 . Sec. 7, And be it further enaciedtThzt in lieu of he commissions allowed by. law . to the several officers, hereafter mention ed, there shall be allowed .the following :" to wit : To each of the collectdrs for the districts of Saco, Cape Vincent, George town in the District of Columbia, Newi , V ui.. tmi jr O) iu ucui 51a, ,llircc i . per cent.,; to each cnl)'ct6r'W:' the dis4 v trictsof ftennebunk, Newport,; and New4 , London, two and a half per cent. ; to each : V' collector for the districts of Bath, Bristol! New-Haven, and Alexandria, two per cent . ; to the collector for the district of Portsmouth, one and- three-fourths - per v cent; ; to each collector for the districts of Norfolk and Portsmoiith. I'efesburg and Richniond, one and thre-fourths per cent.; r and to the collector for the district 0 Mis sissippi! biie 3er centl ; and to the - collect tor lor the district of Boston, one-fifth of one per cent. ; and to the collector for the district of New-York, one-sixth of one per cent, on all moneys by them respective! ; y received on account of the duties arising; from ffoodarwares aifid merchandiK.' im- : o - 1 ' f ' ported into the United States, and on the tonnage 01 vessels. ; . . , v Sec. 8. And be it further ena'ctedThzi ' in additicttf to the emoluments of the sever -ral officers hereinafter s mentioned, and in; ", lieu of the salaries now established by law?1 there shall be allowed and patd the foltqw- v ing salariesto wit : To'lfae i Hector 0; the district if; WiliuingtQnt', iDelarare, , five hundred dollars to 'the collector of the district of Sag Harbor, four hundred t ) dollars ; to each of thej collectors for the districts of -.Saco. Edcrartown. Fairfield. Cape Vincent; Sackett's Harbor, Cbanv- piain,uswegatcnie,uswego,vrmont,vX- ' fcrd, Tappahannockt Beaiifort, in North- Carolina, Edenton, Georgetown, in South Carolina, and r Beaufort, in South-Cajroli-na, two hundred and fifty dollars ; toeacfi j of the collectors for the districts of Wis casset. CWweVn; Plvmr.uth. in North CA- i-nlina. J t'wnl htmrl "dollar ; tfl theSUJV vey ( at 'Eastpoit, for the .district of Pas- 9 U1C ie clis- inci 01 iMewporc, anu. 10 cawu v nictu- and MiddletoWn, fat the islrjct of Mid 4 dletoWn atd Hamptoni two hundred and fifty dollars ; to each; of therveyprs of the ports for the districts of Su Mary's ia' Maryland, East River, South Quay, Pe-i o.K.M PrlBntnn Pnwtiixpt: nd f!flm. ' den, two hundred dollars .; !and t( each "of ilm -curvtfvnn rtf the' 'HAftS ' of Chitpr Havre-drasie; lotfeb4S Pumfrfest -t.

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