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forestalling, catching, snubbing, and hurrying method so often practised by ordinary minds when elevated to the bench. In presiding at a capital trial his manner was above all praise. He was anxious to put everything, that made for the prisoner, in a true point of view. He exhibited nothing in the course of the examination of that feverish sensibility which some of our best philanthropists indulge in, nor exhibited any of those hard features which some great Judges think they must assume, when they lift the sword of justice over the head of the prisoner. He calmly sat and heard the defence of the unfortunate, (for every one must be considered unfortunate who is subjected to a trial for life, innocent, or guilty,) with a solemnity suitable to the occasion; but never discovered any agitation in the most appalling case. However late at night it might be, when the council had closed, he never adjourned for his own convenience; and however weary he might be when he arose to charge a jury in a capital case, he was as minute and patient as at the commencement of the trial. When the famous highwayman Michael Martin was tried for robbing Major Bray, near Boston, in the county of Middlesex, as the Chief Justice finished his charge to the jury, and the pannel had retired to deliberate, one of the advocates in the defence said to the prisoner, Michael, you cannot object to that charge. No, counsellor, he replied. 'There was no touch of Lord Norbury in that, the Judge speaks like a man who has a soul; and as good father O'Riley used to say, he is not one who dooms you to death, when he knows you have a chance to die some other way.' In pronouncing sentence of death

on a criminal he endeavored to set before him the extent of his guilt in a clear and faithful manner, and urged him to that repentance which leadeth to life everlasting through the merits of a Redeemer, but he avoided that tasteless rant which is so frequently exhibited on the bench on such occasions. When the Chief Justice had passed the sentence of the law upon the condemned, the wretch often seemed to be still listening to his voice, wishing to hear something more from him who had sentenced him to an ignominious death, because his voice was so kind and his rules for a repentance so rational. This was in imitation of him who never lacerated the bosom in attempting to cleanse and to heal.

Judge Parker was a good lawyer, but never suffered his partiality for the antiquated looks of a year book to overrule the good sense of more modern authorities. His mind was capacious enough to see the nature of improvements, and he had independence enough to be an optimist in all things, where he had a choice of authorities. In his reasoning on a point, the technicalities of the law seemed to be to him what the Scotch names of hill and dale, and lake and cavern were to the Poet of Abbottsford, in his easy rhymes, just such things as he wanted to fill up the line. It is seldom that legal opinions are expressed in tolerably good English, but if we look to Parker's opinions through a long course of years in the Massachusetts reports, there will be found a neatness of style that is worthy of imitation. It is succinct without being abrupt, neat without any attempt at prettiness, and full of good choice words of a wellsettled meaning. The current of his thoughts is easily followed, and

the commonest capacity can discover the precise meaning he intended to convey. He felt right, saw clearly, and judged honestly. He had no superabundant stores of learning to make him mad, or lead him widely astray; nor could he have felt any want of intelligence, to cause him to hide his deficiency under the gravity of common place remarks. His miscella neous productions are all marked with purity, ease, and elegance. In them there are no throes of genius, no seeking after fame, but they are plain and simple, as if he had read no other models than those of St. John and Addison. He was a lover of works of taste, and the severest studies of his profession were often better accomplished by relaxing for a while to indulge in reading them. He was a member of many of the societies in the city and neighborhood of Boston-the Phi Beta Kappa-the American Academy-the Bible Society, and many others, and was always willing to perform his share of the labor incident to such of fice; and in the church, he was not a whit behind the most zealous in doing good.

For more than a quarter of a century he was the most influential man in the Commonwealth of Massachusetts. This influence was noiseless and constant, it was found in the temples of justice, the halls of legislature, in the seminaries of learning at the ballot boxes-on 'change in the social circlesevery where; it fell like the dews of heaven, and although it could hardly be told when it ascended or descended, its existence could not be doubted. If, sometimes, he mistook character, (for who is always wise and discriminating?) this influence was used better, probably, for the whole course of the time it

existed, than of any other person in that of any other region.

Chief Justice Parker was married young, and from his bridal hour to that of his death was an example of domestic happiness. His house was the abode of easy and plain hospitality. He had not covetousness or avarice in his nature. He wished for competency, and was content with it. He enjoyed life to the last, seldom disturbed by indisposition, for he was temperate in all things. He died by apoplexy, on the 25th of July, 1830, after a long combined exertion of official duty. His father and several of his ancestors had died by this disease, and his own conformation intimated very distinctly to him that this would probably be his fate. He lived in preparation as well as expectation of the event. This is all a mortal can do. To sum up his character in a few words: he had genius without eccentricity, and learning without pedantry. In him firmness was united to flexibility, and delicacy with decision. He was affluent in thought, and was never obliged to have recourse to a rigid economy in the use of his knowledge. His enemies were few, and his friendships many. If the latter had not much of extasy in them, the former were free from all malice. If the proportions of his intellect were not colossal, they were in the perfect stature of man, and therefore more worthy of imitation. After a long life spent in the public service, he died poor; and the citizens of Boston, with a munificence which characterizes that place, immediately made, by voluntary subscription, that provision for his family, which his services, as a public man seemed to require of the Commonwealth.

MARINUS WILLETT. 1830. August 23d. At N. York, in the 91st year of his age, Marinus Willett, formerly Mayor of that city.

Colonel Marinus Willett was born on the 31st of July, (O. S.) 1740, at Jamaica, Long Island, the youngest of six sons of Edward Willett, a respectable farmer in Queen's county.

When young Willett was about sixteen years of age, he witnessed the lawless conduct of some pressgangs in seizing several American citizens, and taking them on board of some British ships then lying in the harbor of New York. The occurrence made a vivid impression on his youthful mind, and prepared him to lend a zealous support to any movements which promised to relieve the colonists from similar outrages.

ceeded in reducing the fort, but the men and officers under his command were exposed to severe fatigue, in marching through the, wilderness, and conveying their baggage, ammunition, and artillery, from Fort Stanwix, where the troops assembled, to move directly upon Frontenac. Six days were consumed in moving from the head of Wood Creek to Oswego, from which place they were transported in lake craft to the place of their destination. Fort Frontenac was destroyed after its surrender, Aug. 27, and the troops were subjected to still greater fatigue in returning, being obliged to carry with them the valuable articles captured in the fort. From this exposure, one half of the detachment were rendered unfit for duty upon arriving at Fort Stanwix, and Lieut. Willett was confined there until Within a short time afterwards, the end of the campaign. The the preparations made in the colo- feeble state of his health in consenies, for the conquest of Canada, quence of this expedition, preventexcited his military enthusiasm, ed him from serving again during and having obtained a commission the French war; but this early inas second lieutenant in a colonial itiation into the mode of warfare in regiment, commanded by Colonel a new country, was of great advanDelancey, in 1758, he joined the tage to him in a subsequent part of army under General Abercrombie, his career. Within a few years which was destined against Ticon- after the termination of the French deroga, and Crown Point. This war, the British government comexpedition was rendered abortive menced that course of aggressions by the skill of Montcalm, who re- upon the rights of the colonies, pulsed their attack upon Ticonde- which finally led to open roga, killing and wounding nearly In resolving upon this step, the two thousand of the British and American patriots were sensible of provincial troops. To repair the the entire want of preparation disgrace of this bloody repulse, throughout the colonies, to carry General Abercrombie detached on a war, and it was an object of Colonel Bradstreet, with 3,000 some importance to prevent the remen, against Fort Frontenac (now moval of those arms and military Kingston.) munitions that belonged to the royLieutenant Willett, who had al government. When the news of behaved with great coolness and the battle of Lexington flew through courage in the assault upon Ticon- the country, the whigs in the deroga, was detailed on this expe- seaports of the middle and southdition. Colonel Bradstreet suc- ern states, formed themselves in

resistance.

juxta-position with the royal troops, and those provincial authorities that were still reluctant to abandon the connexion with Great Britain. In some of these places, the tories formed a strong party, and they were in some measure countenanced by a larger number of respectable citizens, who still hesitated to take any irrevocable steps.

Such was peculiarly the state of things in the city of N. York, and when the British troops which garrisoned the city, were ordered after the battle of Lexington to join the army in Boston, with the view of preventing bloodshed, it was agreed to permit them to embark with their arms and accoutre

ments.

Mr. Willett was opposed to this agreement, and wished to detain the troops as prisoners. He was, however, overruled in this, and the troops were suffered to depart without molestation. The British commander, however, in addition to the arms of the soldiers, undertook to carry off with him several chests of spare arms belonging to the regiment. Willett, aided by several zealous whigs, determined to prevent it, and accordingly, when the regiment was on its line of march to the place of embarcation, Lieut. Willett arrested the baggage carts which were in front of the column, and by his prompt and energetic course, although opposed by the Mayor, and several influential whigs, finally succeeded in taking possession of the carts containing the spare arms; which were used in arming the first regiment raised by the state of New York.

The war had now commenced, and three regiments being raised by New York, Lieut. Willett entered the one commanded by Col. AlcDougall, in which he was made second captain. He was appoint

ed on the 28th of June, 1775, and on the 8th of August he embarked for Albany, to join the expedition under General Montgomery, destined against the British forts on Lakes George and Champlain. After the reduction of these places, Captain Willett was ordered to take command of St. John's, which post he held until January, 1776, when the term for which his men had enlisted expiring, he was relieved and returned home. The war now having assumed a threateuing aspect, the army was pat upon a different footing. Of the new regiments to be raised, New York was to furnish four, and of the third of these, Captain Willett was appointed Lieut. Colonel. At the opening of the campaign in 1777, Col. Willett was placed in command of Fort Constitution, where he remained until the 18th of May, when he was ordered to repair to Fort Stanwix. Upon his arrival at this place on the 29th of May, he found the fort in an untenable condition, and an incompetent engineer employed in repairing the works. His incompetency was soon discovered, and upon the suggestions of Colonel Willett, Colonel Gandevoort, the chief in command, ordered him to be arrested, and sent to head-quarters. In the mean time, dangers began to thicken around the garrison. Indians were discovered prowling about the fort, and seve ral persons, who ventured beyond the protection of the works, were killed, and scalped About the middle of July, one of the scouting parties was attacked, and it was thought necessary to use every exertion to put the fortress in a state of defence, which was effected by the 1st of August. The next day a large supply of ammunition and provisions, together with a rein

forcement of 200 men, arrived, and scarcely had the stores been conveyed into the fort, when the army which had been despatched by General Burgoyne, under Col. St. Leger, to reduce Fort Stanwix, ́appeared, and invested the place. The garrison, now consisting in the whole of 750 men, prepared to maintain the post, upon the successful defence of which, the safety of Albany and of Gates' army was thought to depend.

On the 4th of August, the fire upon the fort was commenced by the enemy, and was continued during that and the next day. The morning of the 6th, two men arrived at the fort, informing the commander, that General Herkimer was raising the militia of Tryon county, with the view of raising the siege.

Upon the receipt of this intelligence, it was determined to make a sortie upon the enemy's camp, in order to effect a diversion in favor of General Herkimer. A detachment of 250 men sallied forth for this purpose, under Col. Willett, and driving in the sentries, forced the camp where Sir John Johnson was stationed, dispersed the Indians, and took possession of the camp equipage and stores, which he brought into the fort. The sortie was completely successful, and without the loss of a man on the American side.

While this attack was thus happily conducted, Gen. Herkimer, who was marching without proper military precaution, fell into an ambush, and was defeated with considerable loss; he himself being badly wounded, and dying from unskilful treatment, shortly after the engagement. The siege was now resumed, and a flag was sent to the garrison, threatening them with the terrors of an Indian mas

sacre, in case of their refusing to surrender. This threat was treated with contempt, and as the defeat of General Herkimer, put an end to all expectation of relief from the militia, it was deemed advisable to despatch some person from the fort, to inspirit the country militia to make another attempt to raise the siege. Col. Willett was well known in that quarter, and with the view of relieving his companions from their dangerous position, he gallantly determined to attempt to pass through the enemy's camp, and to make his way through a pathless forest, to the settlements down the Mohawk river, which were about fifty miles distant. On the night of the 10th of August, accordingly, Colonel Willett, and Major Stockwell left the fort together, with no arms except spears, and without any provisions, except a few crackers and some cheese; made their way through an adjoining marsh; crossed the river undiscovered by the sentinels, and passed safely through the enemy's camp. They then continued their journey all the next day; slept on the ground, without even a blanket during the night, and the second day after leaving Fort Stanwix, about three o'clock, arrived at the German Flatts, where they were received by Colonel Weston. Here they were informed, that Gen. Learned was on his march with a Massachusetts brigade to relieve the fort. The next day, proceeding on, they met these troops, who, together with one of the New York regiments, all under the command of Gen. Arnold, hurried on to relieve Fort Stanwix.

Before, however, they reached the place, the British army hearing of their approach, and not being able to induce Col. Gandevoort to

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