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.