Fkom ruE Farmer's Weekly Museum.
■ The COUNTRY CRITIC,
> yV GR REVIEW 01 rscent PUBLICATIONS.
■ No. I.
S . ITO BE CONTINUED OCCASIONALLY.]
.
" Ep 'tjtles, domejlic, confidential and official frbm
General Washington, &c."
THE title page of this volume informs ns that
these epistles were written about the commencement
of the revolution; that they were addressed to feve
ral'military and diplomatic characters of rank, and
that t\o part of this correspondence has bee# prin
ted in the two volumes, recently published.
Of these letters there is no reafou to doubt the
authenticity. The Editor, in his preface remarks
judiciously that the firft collection is incomplete,
,_J; wirhonr thr ftfpp?emrnr;rry~one. It appears that
he, who arranged the letters firft published is hot.
the fame person by whom the present collection is
edited. But both evidently derive their authority
from principals, and therefore we may penife this
volume without any of those fteptical doubts, ge
rerallyVttached to pofthurnous or other letters, Sp
'pearing in a " shape."
Among the few, the very few enemies of Wash
ington, it has long been a fafhionable remark, that
the soldier is more conspicuous in his character,
lUan the scholar and the ftatafnaan. Merf are com
monly so envious of superior excelleaae, that tKey
/brink from praitfng lany but themMves, and when
obliged to the task of eulogy, they do it by halves.
He who is an eloquent orator is infiduoufly rcprtr
ferfted as a weak and flimzjr logician. He who
eminently excels iri any one art, in others is fuppo
v fed to be a fniatterer. But, it should be remem-,
fcered that, however we may doti'jt universality of
genius, there are fotne minds of such admirable ver
fgtility, and pliancy so ozier like, that they can
piomptly bend in any direction. They can compre
hend the va(t, and detail the minute, they can
" sweep tjie long tra'ft of day," and mark the
grub of the ground. The Roman annalills con
vince us that the StJ Ceftr nm learnea jtia brave,
a courtier and a gallant. , In the city he could
" charm the mistress and fix the friend." In Gaul
the reign of foftnefs expired and defeated hordes
felt the airri of a warrior.
To thisclafs of intellect the mind of Wafliing
ton seems to pertain. He ispo less at home in his
study than in his tent. Fasts refute the insinuati
ons of fail ion. In domellick life he has proved
himfelf an easy and amiable man. In military af
fairs he is unrivalled, and in eouncii fagacionj. The
letters before us will demonltrate his literature. We
will not hesitate to place them in a high rank of
epistolary composition. Though net dilated in a
eloifter, or p college, yet had they been elaborated
by a monk br " ail Grefham" they had been iufe
nor writings.
Among the firft pages of this correspondence we
find a letter to John Parke Cuftis Efq ; which
marks the liberal and dignified mind of the writer,
rlis youthful correfptsndelit it appears is a candi
date for martial honors, and his Excellency points
out to him the course of study aqd action, prepara
tory to the camp. Tlie young gentleman is his
son in law, and his anxious and militarVparpjit ex
hibits thcr solicitude of a soldier for the htnor of
his frjend. 6t Coflfidering, fays he. your rank, for
tune and education, whenever it is proper for you
to come forward on the theatre, it must no.t be anv
under part that you alft. You are therefore cer
tainly in the right to decline any part, till you are
-fit for'the firft and leading character.'' By Jnfif- ,
ting on the capricious influence of fortune in war, ,
the experienced Washington endeavors to deter his
relative from a course of life, which may expose ,
himto the chance of censure. Yet, fays he I love ;
arms. I nm married to my sword, as wefl as to' ,
your amiable mother and heaven is my vritnefs that
lam in earned when I fay death alone (hall divorce j
me from either. lam not so blindly devoted how- ;
e»er, to my profeffioH, as not to fee by how frail a i
tenure I hold the little reputation I have gained in '
' it—With a soldier faccefs alone is merit ; afid the J
world is aworfe judge of'military matters, than »
any other. Have I not reason *o wish that your !
eh'sice had fal!e« on the quieter, but not less impor
tant calling of a private.gentleman, in which is a
senator you might have given proof of your abili- ;
ties in a tvay, in which fortune would not have had
sof o great a /hare ? The Genet al then adds that if his .
resolution be fixed, and his correspondent *btain the \
consent of his mother and wife, i»e (hall not want j
ii.r fanftiou. After enjoining the study of tafticks,
cautioning againS too itrong reliance upon theory] |
and adding that the best commentators upon the
ar{ of war, next to experience, arc the Greek and '
Roman historians, he concludes in a lofty to'ne wot- !
thy of a great man, worthy the conqueror at Tren- j
ton. «' But the main and most dfential qualificati- ,
on is an high fetife of honor, an elevation of fenti ,
ment, and a certain dignified ftilc of behavior, that ,
s distinguishes, or foouid distinguish a foidier from
every ot her man. It is a fname indeed, if he, who '
undertakes to command others, has not firft learn. ,
ed to command fcimfelf. I will not endure any
thing mean or fordid either in your principles or
your maimers ; having determined, if it were left
with-me, to be as drift and rigorous in tliefe parti
culars, as were the knights of old, ivhen a candidate
was to be inverted with the orders us chivalry. 1
cannot diffociatc the ideas between a soldier and a
gentleman : And however common it may be to z
"rrnli'ii™ to r>rrf{ir.« of evej*v cha- {
latter, if yet conveys to me an idea of ivorth, I
want words tr> express, if I had not known you to
be a gentleman, you never {hould have had my con- ,
sent to yotir becoming a foldiet."
• (To be continued.J
Frert the Delaware & Eojlern Shore jiaveriifer. '
Me£Ys. Abams, f
cafe, important in its nature and '
consequence, was decided at Dover, by the Regi- 1
Act of Kent County, on the J jthof August, 1796. 1
The tnfcrCiou of il in your Ailvertifci, Will apprise
the public of its pi inciples, and majerialiy oblige a r
Augufi. 8, 1796. SUBSCRIBEif.
*
Redman and IVijt i- Stent.
For the'plaintiffs, tkis csffc w.is argued by Mi.
Ridgcly, and by ifleffrk. Viili«g and Fifiier, tor
the defendant.
CASE.
The defendant was chosen guardian Dy the wife
of the plaintiff, Mr. Redman, fn the month of
November, 1789, and uontinucd in that capacity,
until her arrival to the age of twenty-one y*ars, in
, September 1795. Within the fix pre
scribed by law, an annual estimate of the minor's
real prbperty, was made by thtee freehoKiers, who
"valued it at the sum of £. 100. r l'heque!tion was,
• whether the defendant ihould account for the valu
ation of the minor's land, as returned by the free
holders, or the rents and profits as they annually
aecrned ?
On the part of the plaintiff it was contended,
that at the guardian was appointed solely for the
, bepefit of the ward, and in his appointment, the
law did not contemplate any profit* to arise to him
felf, more than his reasonable expencefc and cotn
-1 miflians for his trouble and care, he in the present
instance ought to account for. what he has'really re
i ceived : That the valuation required by the a& of
Assembly, was never intended ds a rtile, by Wliich
• the guardian fllould account to the ward, but as
evidence to enable the ward to recover double da
mages for any waste, falcor deSrudion sis hrsland,
which might, have been committed by the guardian
during his trust : That the guardian was cpnlifler
■ ed by the law as a truttee or receiver of the ward's
' pioperty, and as fueh, he could never dTfd.arge hi«
trust as he ought to do, but by accoutring for the
rents and profits, and that practice i« in force in
this country, there being no ether principle efta
-1 blifhed by any a'fi of assembly, by which the guar
dian rs to account, and that the orphan's oourt, on
an appeal t» them, ia a lale cafe of Nock 4;
ro«nfend, had adapted the above principles.
For the defendant it was contended that-the va
luation made in conformity to the aft of Assembly
was intended by the legiflatvre, as the criterion,
by which the guardian was to account to the (W:
: nor : That this cenftru&ion was fan&soned by iht
uniform prafticc-of boftl bc
fore and finee the revolution : Tlrat the best possi
ble method of arriving at the real value, was that
dire&ed by the law in question, because on the one
hand, it secures the minor against any fraud, which
a guardian ir.ighttje disposed to commit, bj taking
afalfe oath in rendering his account, and sn the
other, the value i 6 fixed by men, emanating fr*m
the orpSans' c»urt, and who difmtereftedjy and oil
their oaths, return- the real value of the premises,
and, that admitting the law not to be trade for the
express purpnfe for which they contended, yet"that
as the valuation had been adopted by the orphans'
court as the best evidence for the guardian to ac
count by, ever since the passage of the law requir
ing it to be made, it ought *ot now to be departed
from *.
a he Reg'tfler delivered his opinion as follows^—
Lhe question submitted to my determination,
important as it is, in itfelf, derives great additioaai
consequence, from the circumftanee of its bearing
an intimate relation to the fntereft, and most irtefti
mable privileges of my fellow-citizens at large, *ut
moreefpecially to that portion of them, which from
of Ii iTmaiihy, hofior aricT policy, we are
bound to regard with a,fuftaining hand.
When the extensive operation, the endless effects
the decision to be given may have upon oui(elves
and posterity, is conteaiplated—-involving as it does
the settlement of an important principle in ourju
(Jcial proceedings—l am ready to thrink from my
own confcioufnefj of propriety, and resolve forever
to doubt upon a queflion of right' and ' wrong !—
But- tis not •ptional— to aft in 'conformity to the
dictates of my own judgment, is in this instance, ao
mdifpenfable duty—no alternative remains, but to
execute or abandon.
Tha point in dispute between the oarties, I's
fi<nply, whether i* this state, and under the exist
ing form of its constitution, and the laws now in
force, a-guardian is justly chargeable, ss such, for
the amount of the rentsand profits of the real es
tate ef his ward, and tio snore 5 or £or that sum or
price, which the freehclders-apjiointea accaiding to
an aft of the affanbly of this state, paffrd in the yeai
1766, may estimate and certify the value to be.
1 have reftrifted the enquiry to this state, because
in Englandjjfrom whcnce our common law is chiefly
derived, it is no question. TkreM* »nceded by
all, that the guardian :s to account for the utmoS
farthing of his ward's estate, saving his right to
rcafotiable allowance for his trouble and expence.
In this narrowed view of the fubjeft, 1 (hall of
fer no comment upon, or recapitulation of the many
cases adduced by the counsel rdpeftivtly, tfte ne
cessity therefor being entirely fuperceded byMhe
acknowledgment before mentioned—an acknow
ledgment forced, by the number and great autho
rity'of the cases produced and read on the occasion,
to wit, that by the common law, the guardiarf is ac
tually accountable so. all the profit., which may
come to his hands. ;
The great distinguishing circumstance, between
the law 0f,h 15 country and that of England upon
this luhjeft ,s, the circumstance of our havin C 8
valuation of minor's property to the guardian, un
der the authoruy of an aft „( assembly of this state *
In Engla ,d therj l 8 no fnch valuation—Herce it
is, that any doubt which may have been certain
ed, w.th refpeft to a guardian being accountable for
the rents and profits of the real cftate of his v, ard
upon and arise f ro m xhc aft of as'
{embly pr»for,bm a T^ r^pgforat4w _ tMere the r
gtlier read the 7th feftion of the aft t« For amp
ing the laws relating to testamentary affairs, ami for
better fettling inteflate.' estates.] h ig t , °
vrc ucrc find an intimation <as the yearly retr« • a
profits to he ralfid, but does not fay to be
for, ,f not raised. The latter p.rtVf t s e S d
paragiaph, which is explanatory, as to »he use of
aw guardedly Clent upon th«'point. I, tatt
the of the cvtdcnccof this certi
tUr " of ttlg valuation, to enable the ward on his Ir
/ * " ad r ™' n ol f e ™> -'W the above is hul *
arsument3 If ihe *>uzjel e „ albtr
rlfal at age, to rctovtr-double damages m aft s tic .
ofvuaftc, fee. «
Thus then the lawhcre, seems rather coturpcal,
not deciding by express terms, nor by ftrwj, impli
cation even, what the guardian is to account for
whether rents and pioflts or valuatJoii.
Let it be remembered, that the right of proper
iy and its increase, is among the dearest and .most
inestimable privileges of a freeman—a right molt
jealously prote&cd by the just spirit of our laws—
most fefiurely guaranteed by the conttitutioii itlelf.
Shall"it then be pretended, that from mere intima
tion, or by the force of implication merely, one
citizen ill all be deprived of the juit increase of his
estate, to the emolument of another ? To prohibit
the minor from the profits—the surplusage profits
over the valuation, I deem the u(e of negative words
indispensable in the ad of aflembly, and that he
should in the taoft direst terms, be precluded from
all claim over the eilimated value.
This not having been done, I,take it, the ques
tion is left «t large detei mi liable by the comrttori law
of England. Neverthelefe, I vi<?;v the certificate
of valuation legally returned, to be prima fade,
good evidence of the guardian being.Co far eharge
able, and nofanher, except upon dffcuffion, it (hall
be in proof, that fnarcor less was rccfivtd, in which
cafe, the valuation, 1 hold as incoiiclufive upon ei
ther guardian or ward.
In reply to the idea, that the authority of long
continued practice originating with the law itfell—
fanftioned by the acquiescence of the people, tffefts
the eflablifhment of the principle, it tnay be urged,
that the prevalence of a doctrine sub jilentio, is ne
rer to be pled in precedent—'Tis the asthority of
adjudged cases, upon full investigation only, that
weigh in the balance against reafen and justice.
In addition to What has already been said, I will,
a 9 on a recent occasion, fugged, \hat as the con
stitution of this Hate imposes a positive obligation
upon the register, to regard the equity of the cafe,f
and that too in the most emphatical words, t "fliould
not think myfelf warranted in any degree, that
should infringe in the least upon the immutable
principles of j m 11 ' ~ 1 rfri-T-pfi a
TTzen, cxcept such inflation was enjoined by the
express and positive terms of the law.
In this oafe, as it cannot be pietefided that the
aft of assembly is express ai positive, against the
profits being accounted lor, or that it unequivocally
makes the valuation conclusive and paramount ; and
as the common law is beyond all contradiction in
favour of the ward's claim to the whole of the pro
fits, and against the valuation, I, ii\conformity to
the constituted obligation before-mentioned, in re
gard to the principles of common juftige and the
equity of the cafe» am contained to fay, that Ja
cob Stout, late guardian to Rebecca Allen, now
Redman, is justly chargeable with the wholeamount
of the rents and profits of her real estate, faying
his right to his. expenditures and reasonable com
miffiens.
f Fid: . I bth fctlion tf (stb article of the conflituiidn.
Fram a Lond*h Patek.
RESPECT FOR THE DEAp.
The qneftien treated ill the following article, has
already occupied the attention of the French
legislature, as being iatiraately connected with
public iuuiuls. The fofejed is popular, and has
lately at different times been the fubjfcft of dif
cuilion in this eountry.
AFTFR a revolution iu wlch the palfions of the
human mind have displayed all their energy, in
which falle and misguided zeal, the ardar of novel
ty, the delirium us innovation, have too often
usurped the rights of rcafon fcrtd the language of
philosophy, in which by disdaining and by rejeft
jag every thing allied to periods marked with the
impression of fcrvitude, by a wiih to refcmble in
nothing the customs of other nations, the bonds of
foclety Were broken, and the empire overthrown of
truths the most refpeftable, or of errors the most
dear to feebie humanity : it is the duty of the man
whoin the lefTotis.of experience have enlightened,
to examine, amidst this mafsof ruins, what are the
ufagce, the ii.ilitetions, which ought to be buiied
:n eternal oblivion, arid What ate thofr which,
founded on human nature, upon unalieralv'e afTec
tior.s, should be cherillted so long it fubfifti. The
legislator ought not to resemble the mac who ap.
plies the pruning-kr.ife to the tree, retrenches and
lops the plants in his garden, without confultim;
ttrc prcp, retyof rr nc, nor the fitfioerice ol f«,f o[l £ '
He ought to-treat man as a feeble being, who re
quires to be treated with salutary caution, v.hom ! '
too bright si ray t.-rves to dazzle, not to enlighten, i 1
He w.ll pnrfne, wuh indefatigable zeal, errors of '
ata. comrqiienee, and prtjudiceo favourable to tv- 1
ninny; bui he will „«r attempt to triumph over <
the invincible power of imagination', and to teat <
from the heatt, illusions end cobfalalory, ne. !
ver pernicious. ' ]
A sacred refpeft f sr the dead has prevailed at «
every period, and m,every couiyry. "Does it ori- 1
ginate m our pride, or in that natural defne of fur- c
viv.ng, after we are no more, ,f occupying a «
place in the of me „, when our Li •
duTtT'rh ° mi? •rV h "P of cold lifelefs '
duit ?1 he principle, of our passions, the fourees of >
our weakness and our errors, almost always elude
otir penetration, We only behold the effedt
Suoe" ■ aH ' C ,S , COn , te ' akd f, '° m our observation. .
Supenor gen.uses have difc.vered the laws of "
enlv bod'r W9 C ° Urr,: of ,llc hes "
i t, ; "'Tf 3 P a " veil with which
fn Jj' covered her operations; but none lias
zll irr i
fratrt'h.mfd'l d ' P "' k " ° 0 ' 1" P'<- »
fr«N s
,h t riStrvrGS s
and Romans considered funeral ce'remonjfg a , a, i;
| «lebrate £ara ee «po, the tombs of bis 'father, Au ' 13
g- ;
y- .imi-UjlTH^^M
j'fjibe'i
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