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this period the established church of Virginia; one by Col. Richard Bland, and the other by Col. and by an act of Assembly, passed so far back as Landon Carter, in both which the commissary was the year 1696, each minister of a parish had been very roughly handled. He replied, in a still see provided with an annual stipend of sixteen thou- verer pamphlet, under the ludicrous title of The sand pounds of tobacco. This act was re-enacted, Colonels Dismounted. The Colonels rejoined ; with amendments, in 1748, and in this form had and this war of pamphlets, in which, with some received the royal assent. This price of tobacco sound argument, there was a great deal of what had long remained stationary at two pence in the Dryden has called the horse-play of raillery," was pound, or sixteen shillings and eight pence per kept up, until the whole colony, which had at first hundred. According to the provisions of the law, looked on for amusement, kindled seriously in the the clergy had the right to demand, and were in contest from motives of interest. Such was the the practice of receiving, payment to their stipend excitement produced by the discussion, and at in the specific tobacco; unless they chose, for con- length so strong the current against the clergy, venience, to commute it for money at the mar- that the printers found it expedient to shut their ket price. In the year 1755, however, the crop presses against them in this colony, and Mr. of tobacco having fallen short, the legislature Camn had at last to resort to Maryland for publipassed “an act to enable the inhabitants of this cation. These pamphlets are still extant; and it colony to discharge their tobacco debts in money seems impossible to deny, at this day, that the for the present year:" by the provisions of which, clergy had much the best of the argument. The “ all persons, from whom any tobacco was due, king in his council took up the subject, denounced were authorized to pay the same either in tobacco the act of 1758 as a usurpation, and declared it or in money, after the rate of sixteen shillings and utterly null and void. Thus supported, the clergy eight pence per hundred, at the option of the debtor." resolved to bring the question to a judicial test; This act was to continue in force for ten months and suits were accordingly brought by them, in the and no longer, and did not contain the usual clause various county courts of the colony, to recover their of suspension, until it should receive the royal assent. stipends in the specific tobacco. They selected the Whether the scarcity of tobacco was so general county of Hanover as the place of the first experiand so notorious as to render this act a measure ment; and this was made in a suit instituted by the of obvious humanity and necessity, or whether the Rev. James Maury, against the collector of that counclergy were satisfied by its generality, since it em- ty and his sureties. The record of this suit is now braced sheriffs, clerks, attorneys, and all other to

before me.

The declaration is founded on the act bacco creditors, as well as themselves, or whether of 1748, which gives the tobacco; the defendants they acquiesced in it as a temporary expedient, pleaded specially the act of 1758, which authorizes which they supposed not likely to be repeated, it the commutation into money, at sixteen and eight is certain, that no objection was made to the law pence; to this plea the plaintiff demurred; assignat that time. They could not, indeed, have helped ing for causes of demurrer, first, that the act of observing the benefits which the rich planters de- 1758, not having received the royal assent, had rived from the act; for they were receiving from not the force of a law; and, secondly, that the fifty to sixty shillings per hundred for their tobac- king, in council, had declared the act null and co, while they paid off their debts, due in that ar- void. The case stood for argument on the demur. ticle, at the old price of sixteen shillings and eight rer to the November term, 1763, and was argued pence. Nothing, however, was then said in de- by Mr. Lyons for the plaintiff, and Mr. John Lewis fence either of the royal prerogative or of the for the defendants; when the court, very much to rights of the clergy, but the law was permitted the credit of their candour and firmness, breasted to go peaceably through its ten months' operation. the popular current by sustaining the demurrer. The great tobacco planters had not forgotten the Thus far, the clergy sailed before the wind, and fruits of this act, when, in the year 1758, upon a concluded, with good reason, that their triumph surnise that another short crop was likely to occur, was complete: for the act of 1758 having been the provisions of the act of 1775 were re-enacted, declared void by the judgment on the demurrer, and the new law, like the former, contained no that of 1748 was left in full force, and became, in suspending clause. The crop, as had been anti- law, the only standard for the finding of the jury. cipated, did fall short, and the price of tobacco rose Mr. Lewis was so thoroughly convinced of this, immediately from sixteen and eight pence to fifty that he retired from the cause; informing his clishillings per hundred. The clergy now ok the ents that it had been, in effect, decided against alarm, and the act was assailed by an indignant, them, and that there remained nothing more for hiin sarcastic, and vigorous pamphlet, entitled The to do. In this desperate situation, they applied to Two-Penny Act, from the pen of the Rev. John Patrick Henry, and he undertook to argue it for Camn, the rector of York Hampton parish, and them before a jury, at the ensuing term. Accordthe Episcopalian commissary for the colony.* ingly, on the first day of the following DecemHe was answered by two pamphlets, written, the ber, he attended the court, and, on his arrival, upon the demurrer had produced a violent fer- came on the first trial of Patrick Henry's strength. ment among the people, and equal exultation on No one had ever heard him speak, and curiosity the part of the clergy; who attended the court in was on tiptoe. He rose very awkwardly, and fala large body, either to look down opposition, or to tered much in his exordium. The people hung their enjoy the final triumph of this hard-fought con- heads at so unpromising a commencement; the test, which they now considered as perfectly se- clergy were observed to exchange sly looks with cure. Among many other clergymen, who at- each other; and his father is described as having tended on this occasion, came the Reverend Pat- almost sunk with confusion from his seat. But rick Henry, who was the plaintiff in another cause these feelings were of short duration, and soon gave of the saine nature, then depending in court. place to others, of a very different character. For When Mr. Henry saw his uncle approach, he now were those wonderful faculties which he poswalked up to his carriage, accompanied by Col. sessed, for the first time, developed ; and now was Meredith, and expressed his regret at seeing him first witnessed that mysterious and almost superthere. “ Why so ?” inquired the uncle. “ Be- natural transformation of appearance, which the cause, sir,” said Mr. Henry,“ you know that I have fire of his own eloquence never failed to work in never yet spoken in public, and I fear that I shall him. For as his mind rolled along, and began to be too much overawed by your presence, to be able glow from its own action, all the exuviæ of the to do my duty to my clients; besides, sir, I shall clown seemed to shed themselves spontaneously. be obliged to say some hard things of the clergy, His attitude, by degrees, became erect and lofty. and I am very unwilling to give pain to your feel- The spirit of his genius awakened all his features. ings." His uncle reproved him for having en- His countenance shone with a nobleness and grangaged in the cause; which Mr. Henry excused, deur which it had never before exhibited. There by saying, that the clergy had not thought him was a lightning in his eyes which seemed to rive worthy of being retained on their side, and he the spectator. His action became graceful, bold, knew of no moral principle by which he was and commanding; and in the tones of his voice, bound to refuse a fee from their adversaries; be- but more especially in his emphasis, there was a sides, he confessed, that in this controversy, both peculiar charm, a magic, of which any one who his heart and judgment, as well as his professional ever heard him will speak as soon as he is named, duty, were on the side of the people : he then re- but of which no one can give any adequate dequested that his uncle would do him the favour to scription. can only say that it struck upon leave the ground. “Why, Patrick," said the old the ear and upon the heart, in a manner which gentleman, with a good-natured smile, “as to language cannot tell. Add to all these, his wonyour saying hard things of the clergy, I advise you der-working fancy, and the peculiar phraseology to let that alone: take my word for it, you will in which he clothed its images; for he painted to do yourself more harm than you will them; and the heart with a force that almost petrified it. In as to my leaving the ground, I fear, my boy, that the language of those who heard him on this ocmy presence could neither do you harm nor good casion, « he made their blood run cold, and their in such a cause. However, since you seem to hair to rise on end." think otherwise, and desire it of me so earnestly, It will not be difficult for any one who ever you shall be gratified.” Whereupon, he entered heard this most extraordinary man, to believe the his carriage again, and returned home.

found in the court-yard such a concourse as woulu * The governor of Virginia represented the king; the

have appalled any other man in his situation. council, the House of Lords; and the Episcopalian com- They were not the people of the county merely missary (a member of the council) represented the spirituni part of that house; the House of Burgesses was,

who were there, but visiters from all the counties, of course, the House of Commons.

to a considerable distance around. The decision

whole account of this transaction, which is given Soon after the opening of the court, the cause by his surviving hearers, and from their account was called. It stood on a writ of inquiry of da- the courthouse of Hanover county must have exmages, no plea having been entered by the defend- hibited, on this occasion, a scene as picturesque ants since the judgment on the demurrer. The as has been ever witnessed in real life. They say array before Mr. Henry's eyes was now most that the people, whose countenance had fallen as he fearful. On the bench sat more than twenty eler- arose, had heard but a very few sentences before they gymen, the most learned men in the colony, and began to look up; then to look at each other with the most capable, as well as the severest, critics surprise, as if doubting the evidence of their own before whom it was possible for him to have made senses; then, attracted by some strong gesture, his debut. The courthouse was crowded with an struck by some majestic attitude, fascinated by the overwhelming multitude, and surrounded with an spell of his eye, the charm of his emphasis, and the inmense and anxious throng, who, not finding varied and commanding expression of his counteroom to enter, were endeavouring to listen with- nance, they could look away no more. In less out, in the deepest attention. But there was than twenty minutes, they might be seen in every something still more awfully disconcerting than all part of the house, on every bench, in every win. this ; for in the chair of the presiding magistrate sat dow, stooping forward from their stands, in deathno other person than his own father. Mr. Lyons like silence; their features fixed in amazement opened the cause very briefly : in the way of ar- and awe; all their senses listening and riveted gument he did nothing more than explain to the upon the speaker, as if to catch the last strain of jury, that the decision upon the demurrer had put some heavenly visitant. The mockery of the clerthe act of 1758 entirely out of the way, and left the gy was soon turned into alarm: their triumph law of 1748 as the only standard of their damages; into confusion and despair; and at one burst of he then concluded with a highly-wrought eulo- his rapid and overwhelming invective, they fled gium on the benevolence the clergy. And now froin the bench in precipitation and terror.

As

mon man.

for the father, such was his surprise, such his ornaments, it is such a one as became the characamazement, such his rapture, that, forgetting ter and fortune of the man.

It stands upon an where he was, and the character which he was elliptic plain, formed by cutting down the apex of filling, tears of ecstasy streamed down his cheeks, a mountain; and, on the west, stretching away to without the power or inclination to repress them. the north and the south, it commands a view of the

The jury seem to have been so completely bewil- Blue Ridge for a hundred and fifty miles, and dered, that they lost sight, not only of the act of brings under the eye one of the boldest and most 1748, but that of 1758, also ; for thoughtless even of beautiful horizons in the world : while on the east, the adınitted right of the plaintiff, they had scarce- it presents an extent of prospect bounded only by ly left the bar, when they returned with a verdict the spherical form of the earth, in which nature of one penny damages. A motion was made for seems to sleep in eternal repose, as if to form one a new trial; but the court, too, had now lost the of her finest contrasts with the rude and rolling equipoise of their judgment, and overruled the grandeur on the west.... motion by a unanimous vote. The verdict and Approaching the house on the east, the visiter judgment overruling the motion, were followed by instinctively paused, to cast around one thrilling redoubled acclamations, from within and from glance at this magnificent panorama : and then without the house. The people, who had with passed to the vestibule, where, if he had not been difficulty kept their hands off their champion, from previously informed, he would immediately perthe moment of closing his harangue, no sooner ceive that he was entering the house of no comsaw the fate of the cause finally sealed, than they

In the spacious and lofty hall which seized him at the bar, and in spite of his own ex- opens before him, he marks no tawdry and unertions, and the continued cry of order” from the meaning ornaments: but before, on the right, on sheriffs and the court, they bore him out of the the left, all around, the eye is struck and gratified courthouse, and raising him on their shoulders, with objects of science and taste, so classed and carried him about the yard, in a kind of elec- arranged as to produce their finest effect. On one tioneering triumph.

side, specimens of sculpture set out, in such order, 0! what a scene was this for a father's heart! as to exhibit at a coup d'æil, the historical proso sudden; so unlooked for; so delightfully over- gress of that art; from the first rude attempts of whelming! At the time, he was not able to give the aborigines of our country, up to that exquisite utterance to any sentiment; but, a few days after, and finished bust of the great patriot himself, from when speaking of it to Mr. Winston, he said, the masterhand of Caracci. On the other side, the with the most engaging modesty, and with a tre- visiter sees displayed a vast collection of specimens mour of voice, which showed how much more he of Indian art, their paintings, weapons, ornaments, felt than he expressed, “ Patrick spoke in this and manufactures; on another, an array of the cause near an hour! and in a manner that sur

fossil productions of our country, mineral and aniprised me! and showed himself well-informed on mal; the polished remains of those colossal mona subject, of which I did not think he had any sters that once trod our forests, and are no more ; knowledge !"

and a variegated display of the branching honours I have tried much to procure a sketch of this cele- of those “monarchs of the waste," that still peobrated speech. But those of Mr. Henry's hearers ple the wilds of the American continent. who survive, seem to have been bereft of their From this hall he was ushered into a noble sasenses. They can only tell you, in general, that loon, from which the glorious landscape of the they were taken captive; and so delighted with west again bursts upon his view; and which, their captivity, that they followed implicitly whith- within, is hung thick around with the finest proersoever he led them; that, at his bidding, their ductions of the pencil-historical paintings of the tears flowed froin pity, and their cheeks flushed most striking subjects from all countries, and all with indignation : that when it was over, they felt ages; the portraits of distinguished men and paas if they had just awaked from some ecstatic triots, both of Europe and America, and medaldream, of which they were unable to recall or con- lions and engravings in endless profusion. nect the particulars. It was such a speech as While the visiter was yet lost in the contemthey believe had never before fallen from the plation of these treasures of the arts and sciences, lips of man; and to this day, the old people of he was startled by the approach of a strong and that county cannot conceive that a higher compli- sprightly step, and turning with instinctive revemer can be paid to a speaker, than to say of him, rence to the door of entrance, he was met by the in their own homely phrase :-“ He is almost equal tall, and animated, and stately figure of the patriot to Patrick, when he plead against the parsons." himself-his countenance beaming with intelligence

and benignity, and his outstretched hand, with its strong and cordial pressure, confirming the cour.

teous welcome of his lips. And then came that MONTICELLO.

charm of manner and conversation that passes all description—so cheerful—so unassuming-so free,

and easy, and frank, and kind, and gay—that even The mansion house at Monticello was built and the young, and overawed, and embarrassed visiter furnished in the days of his prosperity. In its di- at once forgot his fears, and felt bimself by the mensions, its architecture, its arrangements and side of an old and familiar friend.

FROM A EULOGY ON ADAMS AND JEFFERSOX

JOSIAH QUINCY.

(Born 1772.)

The late Mr. Justice Story, in dedicating to | The period in which he was in Congress was Josiah Quincy his Miscellaneous Writings, one of extraordinary interest, when party spirit remarks " that few persons have acquired so ran high, and decision, boldness and energy just a distinction for unspotted integrity, fear- were indispensable qualities for politicians of less justice, consistent principles, high talents, either side. He was equal to the emergency, and extensive literature," and that “ still fewer and sustained himself on all occasions with possess the merit of having justified the pub- manly independence, sound argument, and lic confidence by the singleness of heart and fervid declamation. One of his most effecpurpose with which they have devoted them- tive speeches was made in the House of Represelves to the best interests of society.” Every- sentatives in November, 1808, on a resolution body who is acquainted with the venerable to resist the edicts of Great Britain and statesman and scholar will acknowledge that France; but this is less celebrated than his this praise is deserved.

speech in 1811 on the bill for the admission Josiah Quincy, the third of these names, is of Louisiana. If this bill passes, he said, of the fifth generation from Edmund Quincy, the bonds of this Union are virtually diswho came from England with the Rev. John solved ; the states which compose it are free Cotton in 1633; and is the son of Josiah from their moral obligations, and it will be Quincy, the associate of Otis and Warren, the right of all and the duty of some to prewhose premature death was one of the sever- pare definitely for a separation, peaceably if we est losses sustained by the country in the be- can, forcibly if we must." Before such an ginning of the revolution. May the spirit act, he thought, the bands of the constituof liberty rest upon him," the dying patriot tion were no more than flax before the fire, wrote in his will, and left him as a specific or stubble before the whirlwind. The tree legacy the works of Tacitus and Cato, Syd- has since then become dry, yet the Union is Dey, Bacon and Locke.

not dissolved. He was graduated at Harvard University in War, right or wrong, always commands 1780, and in 1804 commenced his public life the suffrages of the rabble, for to them, as as a member of the Massachusetts senate. surely as to carrion birds, it furnishes occupaIn the same year he was elected to the na- tion and subsistence. Mr. Quincy rarely retional House of Representatives, in which he ferred to himself, but in his speech on the continued until March, 1813, when he de- army bill, in 1813, alluding to the charges of clined further service in that body. He how- vulgar calumny by which the imaginations of ever accepted a seat in the legislature of the most men are affected, he said, “ It is not for state, and was a senator from 1813 to 1820, a man whose ancestors have been planted in and from the last year to 1822 a member of this country for almost two centuries .... who the lower house, of which he was twice is conscious of being rooted in the soil as chosen speaker. In 1822 he became judge of deeply and as exclusively as the oak which the municipal court of Boston, and was mayor shoots among its rocks .... to hesitate or of that city from 1823 to 1828, when he de- swerve a hair's breadth from his country's true clined being again a candidate for the office. interests, because of the yelpings, the howl. From 1829 to 1845 he was president of Har- ings and the snarlings of that hungry pack vard University, and was succeeded, upon which corrupt men keep directly or indihis resignation, in the last year, by Edward rectly in pay, with the view of hunting down Everett.

every man who dare develope their purposes, Mr. Quincy is an "old federalist," a term a pack composed of some native curs, but for which is commonly given as a reproach, and the most part of hounds and spaniels of very received, where it is merited, as an honour. recent importation, whose backs are seared with the lash and whose necks are sore with | tinguished seat of learning, which has had the collars of their former masters." In and so great and beneficent an influence upon the out of Congress he was faithful to what he character and condition of this nation, is deemed the true interests of the people, and traced with minuteness and fidelity through laboured zealously to bring men and measures the two centuries which had elapsed since its to the bar of public opinion.

formation. His style is perspicuous and eleMr. Quincy has published between thirty gant, and the narrative animated, generally and forty speeches, orations, addresses, and well proportioned, and interesting. It is a miscellaneous tracts; the Life of Josiah work of much ability and labour, which may Quincy, junior, (his father,) in one octavo be regarded, for the amount of biographical volume; the Life of James Grahame, the information it contains, and its numerous judihistorian, (in the Massachusetts Historical cious sketches of character, as a Gallery of Collections); and The History of Harvard New England's Worthies. Since resigning University, in two large octavo volumes, the presidency of the university Mr. Quincy which appeared in 1840. In the History of has lived in retirement at his seat in the Harvard University, the progress of that dis- neighbourhood of Boston.

FROM A SPEECH ON THB ARMY BILL

THE INVASION OF CANADA.

caught her as she was sporting on the beach. They courted her whilst she was spreading her

nets upon the rocks. But an embargo liberty; a When I contemplate the character and conse

hand-cuffed liberty ; a liberty in fetters; a liberty quences of this invasion of Canada, when I re

traversing between the four sides of a prison and flect upon its criminality, and its danger to the beating her head against the walls, is none of our peace and liberty of this once happy country, I offspring: . We abjure the monster. Its parentthank the great Author and source of all virtue,

age is all inland. that through his grace, that section of country in which I have the happiness to reside, is in so great a degree free from the iniquity of this trans- THE FOUNDERS OF HARVARD gression. I speak it with pride, the people of that sec

COLLEGE. tion have done what they could, to vindicate them

FROM THE HISTORY OF HARVARD UNIVERSITY. selves and their children from the burden of this sin. That whole section has risen, almost as one man,

When we revert to the time and the circumfor the purpose of driving from power by one great

stances in which the foundations of Harvard Col. constitutional effort the guilty authors of this war.

lege were laid, we seem to read not so much the If they have failed, it has been, not through the

history of real events as the legends of the heroic want of will or of exertion, but in consequence

age and the fictions of romance. The founders of the weakness of their political power. When

of Massachusetts left their native land, and crossed in the usual course of divine providence, who

unknown seas to desert wildernesses, bringing punishes nations as well as individuals, his de

with them their household loves and domestic stroying angel shall, on this account, pass over

hopes, for the sake of attaining the right to wor. this country; and sooner or later, pass it will; I ship God according to the dictates of their own may be permitted to hope that over New England consciences. To place the protection of that right his hand will be stayed. Our souls are not

on the basis of sound human learning and faithful steeped in the hlood which has been shed in this intellectual research, they first bade to rise the The spirits of the unhappy men who have

sanctuaries of religion, and, close by their sacred been sent to an untimely audit have borne to the altars, this temple of science; thus establishing bar of Divine justice no accusations against us.

here, in the language of the master genius of their age," a secure harbour for letters, which, as ships, pass through the vast seas of time, and

make ages so distant to participate of the wisdom, AN EMBARGO LIBERTY.

the illumination, and inventions the one of the other.” What scene more sublime, what more

glorious ? What can the mind conceive, indicatAn embargo liberty was never cradled in Mas- ing firmer purpose, wiser forecast, purer intent, sachusetts. Our liberty was not so much a moun- bolder daring? They lived not for themselves, tain, as a sea-nymph. She was free as air. She but for us, for their posterity! They erected incould swim, or she could run. The ocean was stitutions, not for the comfort and pleasure of the her cradle. Our fathers met her as she came, like passing day, but for the safety, glory, and hope of the goddess of beauty, from the waves. They their own and all future time.

war.

FROY A SPEECH ON FOREIGN RELATIONS.

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