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times furprize the favage fixing his eyes upon him, when, after looking long and stedfaftly at him, he would let fall fome tears.

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him die like a man, die, covered with wounds as he fell. But I revenged him."

As he pronounced thefe words with However, on the return of the spring, the most pathetic emphalis, he hudthe Abenakees took the field again, and, dered; he feemed to breathe with pain, proceeded in queft of the English. A choaked with inward groans, which The old man, who had ftill remains. he was endeavouring to ftide. His of vigour enough to bear the fatigues eyes looked wild, but no tears came of war, went along with his country. from them. Little by little the viomen, not forgetting to take his prifo- lence of his agitations ceafed He ner with him. They made a march grew calm, and turning towards the of above two hundred leagues, through Eaft, he pointed to the rifing fun, and the trackless wilds and foretts of that faid to the young Englishman," Seelt country, till at length they came with thou yon beauteous luminary, the fun in view of a plain, in which they dif in all its splendor? Does the fight of covered an English camp. This the it afford thee any pleasure "Unold Savage fhew'd to his young com- doubtedly,' anfwered the officer, 'who panien, at the fame time eyeing him, can behold fo fine a fky without dewithfully, and marking his counte- light?" And yet to me it no longer" nance. There (fays he) are thy gives any!" fays the Savage. After brothers waiting to give us battle.. pronouncing these few words he tarWhat fayeft thou? I preferved thee ned, and cafting his eye on a bush in from death. I have taught thee to full flower, "See "faid he, "young build canoes; to make hows and ar man, does not that gay appearance of rows; to catch the deer of the foreft; flowers give thee a fort of joy to look to wield the hatchet; with all our arts at it "It does, indeed,replied the of war. What waft thou when I took officer; " And yet," fays the old man, thee home to my dwelling? Thy "it delights not me!" adding, with hands were as the hands of a mere D fome degree of impetuofity, "Depart, child, they could ferve thee but little for thy defence, and lefs yet for providing thee means of fuftenance. Thy. foul was in the dark; thou wert a tranger to all neceffary knowledge. To me thou owest life, the means of life, every thing. Couldst thou then be ungrateful enough to go over E to join thy countrymen, and to lift the hatchet against us?"

The young Engliftman made answer that he fhould, it was true, have a just répugnance to the carrying arms against thofe of his own nation, but, that he would never turn them against the Abenakees, whom, to long as he fhould live, he would confider as his brothers,

At this the Savage dejected his head, and lifting up his hands he covered his face with them, as it were in a deep meditation. After he had remained fome time in this attitude, he looked earnestly at the English officer, and faid to him in a tone of grief, mixed with tenderness," Haft thou a father?""He was alive, anfwered the young man, when I left my country." "Oh, "how unhappy muft he be !" faid the Savage-After a moment's pause he added, "Doft thou not know that I too was once a father? Alas! I am no longer one. No: I am no longer a father! I faw my fon fall in battle. he fought by the fide of me, I faw

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hafte, fly to yon camp of thy friends. Get home, that thy father. may ftill fee, with pleasure, the rising of the fun, and the flowers of the: fpring."

Anecdotes from the Latin of M. HUET.

HRISTINA, [Queen of Sweden] being very averfe to marriage, during a conversation with Monf. Huet*, ufed her utmost endeavoursto diffuade him from it, and as The was very talkative and loved a Paufaniast, that a certain Grecian, his joke, he added, that he had read in namefake, had detected his wife in adultery; and as that was a bad omen, he therefore should beware of the likemifchance. M. Huer replied, that on the contrary he might by this inftance be quite fecure, as the man the mentioned took a lignal revenge for the injury that was done him, by killing his G wife and the adulterer; and befides, that their names were by do means fi milar, as the Grecian was named YTT, whereas he [M. Huet] fcorned that appellation, and was called Tri which is one of the furnames of Jupuer

Afterwards Bp of Avranches. He was at the time of his vificing the court of Sweden, in 1652, but 22. ↑ Baotic, p. 319..

WHEN

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WHEN Salmafius travelled into Sweden, though at a time when both his age and way of life feemed to require a plain and modeft drefs, his wife, fcorning such a habit as ignoble and plebeian, would have him appear at the Swedish court in regimentals, with a breaft plate of leather, gloves and breeches of fcarlet cloth, and á light grey hat, covered with a large white feather; and in this gay attire he confented to be feen in public. The faid Salmafius, if we were to judge of him by his writings, we should think muft have been arrogant, con- B tumacious, and conceited, but in life and conversation no man could be more mild and gentle; he was also friendly, polite, and highly obliging; but his good offices and domeftic quiet were much interrupted by his imperious wife; and as he Itood in daily C

need of her affiftance on account of his bodily weakness and bad state of health, he was obliged to bear with her frowardness, and to conform to her humour, not only with patience, but fome times also against the rules of decorum; of this the above is one inftance.

of those who are not Lutherans. There
Des Cartes was buried, and a large
handfome monument was afterwards
erected to his memory, composed of
fir, and infcribed with a pompous epi-
taph filled with panegyrick. The
whole expence, it is faid, was defrayed
by M. Chanut, the French ambassador,
at whofe houfe Des Cartes died.
this wooden tomb was made of the
fhape and colour of ftone, being
white-washed, it was faid in the
infcription, The body of M. Des Cartes
is interred beneath this ftone. Το
which fome unknown hand had archly
added, of wood.

As.

[His body was removed 17 years after to a magnificent monument in the church of St Genevieve at Paris]

IN the middle of lake Vetter is an ifland in which the Swedes affert there

is a cave of a wonderful depth, where a certain magician, named Gilbert, has been confined for many years, being bound in maffy fetters by another magician, his preceptor, with whom he had dared to ftand in competition. They alfo affirm that many who have Dentered that den, either with a view of refcuing Gilbert, or out of curiofity,, have been punished for their rashness, by being detained there by fome fecret force. It is worth obferving, that Olaus Magnus tells us in his History †, that this story had then been believed for many years by that credulous and fuperftitious nation: And this, it is obferved, is generally the cafe with those who being born in a cold climate and being lefs fenfible of the genial influences of the fun, are dull in their intellects, and very incapable of developing truth and detecting falfhood: Such alfo we are told are the Laplanders, bordering on Sweden, the Icelanders, and the Greenlanders 1. The people of Stockholm report that a great dragon named Necker infefts the neighbouring lakes, and seizes and devours fuch boys as go into the water to wash; and on this account they greatly dif fuaded M. Huet from fwimming, when he was defirous of refreshing himself on account of the heat. These idle phantoms, however, did not deter him, and they were greatly fuprized when they faw him return safe from fuch an imminent danger. He, how

SALMASIUS being confined with the gout the whole year he spent at Stockholm, the queen paid him frequent vifits. One time when he came in, he was reading by way of amufement an arch but indecent book, written (it E is faid) by Francis Beroaldus Bervilla, and entitled Rei faciendæ ratio. Salmafus carefully hid it under the bedcloaths, left the queen looking into it fbould be difgufted with its obscenity. However, it could not escape her quick and curious eyes; and immediately taking it up and opening it, after F reading curforily to her felt a few lines, and fmiling at their wit and wickednefs, the called Mils Sparre, a young lady of high birth and beauty, whom the much esteemed, and pointing out fome paffages, insisted on her reading them aloud, which the was forced to G do, though with great reluctance, and with the utmost hame and confufion, every one present laughing immoderately.

THE famous Des Cartes having been invited to Stockholm by Q. Chrift na, died there in 1650. Beyond the H northern fuburb of this city is a burying ground allotted for the interment

Witness his controverfy with Milton.

+ B. 11. Ch. 2o. He was archbishop of Upfal. in 1944.

To thefe may be added our fecond fighted Highland feers.

ever, advised them to keep their children from the lakes till they had lear. ned to fwim, as otherwife they might indeed be swallowed up, not by the dragon, but by the deep whirlpools, which, being covered with unequal rocks, might eafily deceive the un

wary.

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Another relick of Swedish fuperftition is feen in the cathedral at Stockbolm, viz. a picture representing the face of the heavens, fuch as they ap peared on the day when King Guftavus Adolphus fet out from that city on his German expedition. Three funs were feen in the fky, furrounded by some luminous circles, which figns the nation thought prognofticated those exploits which that great monarch fo heroically performed; little mindful of what has been remarked concerning C thefe parhelia by their countryman Olaus Magnus, viz. that they frequently happen towards the North, and probably for no other reason than that thofe clouds being composed of a denfer water, fupply the place of a mirror, and easily receive and retain the representation of objects.

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M. HUET, and his companion, in their return through Holland, experienced at Worcum what he had often heard, but always looked upon as an improbable and ridiculous fiction, viz. that the inn keepers there charge their guests not only for what they eat and drink, but alfo for the noife they make. For when their landlord brought in his bill, they found he had put down in it the barking of their little dog, and the laughter of their waggish fervant; and on their laughing ftill more at this, as intended merely for a joke, the choleric hot was much enraged, and calling to his affiftance some neighbouring Boors, his townfmen, of a gigantic make, and armed with large hatchets, he brought them to his guefts, crying, See! bere are fome who will oblige thefe fhameful Frenchmen to pay their lawful debts. Upon this M. G Huet, &c. chofe rather to pay than to fight.

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rants are at present agreeable or contrary to law, for according to that any declaration of the law by parliament must be directed? and how far the liberty of the fubject demands further fecurity in that refpect by a new law, in cafe the prefent law fhould apppear defective? 2dly, What is the proper mode of a parliamentary declaration of the law, in the event that fuch declaration should appear fuffi-` cient, without any new law?

With regard to the first of thefe queftions, the legality of the warrant is objected to on two grounds. Ift, On account of the general description of the offenders; and, adly, As containing an order for the general feizure of papers. Thefe objections require feperate confiderations. In all the arguments against general warrants, it is taken as a felf evident propofition, that thefe warrants are illegal in every cafe, unless where the fafety of the ftate is concerned. I fhall nevertheless beg leave to diffent in opinion both from the propofition itself, and the exception added to it.

All the labours of the Letter upon Warrants, &c. have not produced a fingle legal authority in fupport of the illegality of those warrants; I am at liberty therefore to prefume that no authority whatsoever can be found for this purpose.

The warrant contains a fpecific defcription of a particular perfon; that too, which of all others, is folely and peculiarly applicable to him, the commiffion of the offence. How can a warrant to arrest the author or printer of a certain paper, extend to any one who is not the author or

printer? If the meffenger, or other officer,

arrefts an innocent perfon under fuch a warrant, he acts no more under the authority of the warrant, than if, uuder a warrant to arrest John Wilkes, Efq; he had taken up any one of a different name. If an officer is difpofed wantonly to tranfgrefs his warrant, he may do fo, where it is the moft fpecial that can poffibly be penned, or even without any warrant at all. The queftion, therefore, is not, whether a general warrant is not liable to be abused by the officer? but, whether it gives him authority to do fo, or confines the execution of it to the offender alone? Where then

is this inberent, this neceffary, this innate danger to the public liberty in the form of those warrants ?

Suppofe a murder is committed by a perfon, whofe name is unknown? Is the murderer to be left to escape, because nominal warrant cannot be iffued again him? Would the law in fuch cafe, hold a general warrant to arrest the person guilty of the murder, to be illegal, and a violation of the liberty of the fubject? Surely not, The cafe of murder is put only as an example: Many other fuch cafes, where nominal warrants cannot poffibly have ef

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fect, must occur to the imagination of every one.

To thefe arguments, drawn from the nature of the warrant itself, and the variety of cafes in which it may be necessary, I must infist on the tacit approbation of thote warrants, by the court of King's Bench, on all the occafions, when they have come by Habeas Corpus before the A court. It is faid, indeed, that the filence of the court proves nothing, because the judges do not ufually give attention to the form of the warrant, unless where a difcharge is prayed on account of any irregularity therein. Yet, in the opinion of an honourable and learned member, who, in spite of detraction, will be ever revered, as excellent in private character, eminent in parliament, eminent in the knowledge, and very high in the practice of the law, fuch acquiefcence, if not warranted by the opinion of the court that the warrant was legal, implied a breach of duty, and confequently a breach of oath.

This at leaft must be allowed, even if the inattention of the court, in point of fact, was to be admitted, that the illegality of the warrant is not of fo grofs a nature as it is represented to be; for no one, I believe, will go fo far as to fay that the court can legally detain in cuftody, a perfon committed by a warrant, the illegality of which is fo glaring, as must strike every one at the first Blub.

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high treason, or other public danger. The feizure of all papers relating to a fact already committed, or to be afterwards carried into execution, may often be neceffary to detect the guilt of the one, or prevent the perpetration of the other. But the general and undistinguishing seizure of all papers whatsoever, whether of a public or private nature, whether connected with the object of inquiry or not, can never be neceffary, and of course can never be lawful.

The author however of the Letter upon Warrants, &c. has in this, adopted a moft groundless principle; no man, fays he, is to furnif evidence against bimfelf; therefore the feizure even of papers relating to a crime committed by him is unwarranted by law. A general rule of evidence is here affumed. Let us fee what is meant. Does it mean that no man is to be compelled to give teftimony out of his own mouth C against himself, to produce papers or goods, or in fhort to do any act for his own conviction? If fo, I admit the propofition. The law, out of tenderness to the party accufed, has adopted the maxim. But because the law, from motives of compaffion, will not oblige the party charged to produce any thing against himD felf, does it follow that every thing in his poffeffion is facred, and that nothing found in his custody is to be used in evidence by his accufer? Does not the daily practice prove the falfity of that idea? Are not perfons arrested on suspicion of felony conftantly fearched? Are not the papers or goods found upon him produced in evidence again him? Are not the very letters, nay the confeffions of the accufed, ufed in evidence of his guilt? Where then is the rule of law, where the principle, that no man is to furnish evidence against himself? He is not to be compelled to do it by his own act; but the profecutor is at liberty to avail himself of whatever he can find in the houfe, on the perfon, under the hand, or even from the mouth of the accufed, to prove the truth of his charge. Where then is the indecency of the avowal of the fecretaries of state in their letter to Mr Wilkes, that they should keep fuch papers as tended to a proof of his guilt?

It has been afferted, that general warrants have been frequently condemned by former parliaments. The writer fhould have fupported his affertion by examples. The refolutions cited on this purpose are not at all B applicable to the general warrant now in question.

From the above premises, these conclufions neceffarily follow, ift, That general warrants for the feizure of offenders are not contrary to law; and therefore if the parliament is to make any declaratian of the law in this refpect, it must be in favour of the warrants. 2dly, That there is nothing dangerous to the fubject in that general form of warrant; that in many cafes fuch warrants are neceffary; that it is impoffible for all the wifdom of human legislation to foresee in what cafes they may be neceffary, in what not, as it does not depend on the degree of the offence, but the circumftances of particular cafes; that a law therefore to regulate and reftrain the future exercise of fuch warrants, might be productive of the moft inconvenient and fatal confequences.

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With regard to the general feizure of papers, my notions of the law are very different from those I have fubmitted on H the first objection; for as I cannot form to my imagination any legal or political reafon that can require the exercise of that power on any occafion whatsoever, I muft think it illegal in every cafe, even that of

From thefe obfervations it appears, ift, That a general warrant for the seizure of papers must be in every cafe unlawful; 2dly. That the law permits the seizure of fuch papers as bear relation either to a past crime, or any future danger to the ftate. Such is the law, fuch muft any parliamentary declaration of it be,

Having thus endeavoured to point out, to the best of my power, how the law at prefent ftands with respect to general warrants for the feizure of perfons or papers, I now proceed to the confideration of the fecond question, viz. What should

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be the mode of a parliamentary declaration, viz. whether by bill or refolution?

This question was the only subject of debate when Sir W. M's motion was in agitation before the house. I flatter myself if the motion is renewed for a parliamentary declaration of the law of general warrants, it will be drawn up in a formi agreeable to the usage of parliament; and that the real merits of the question will be the only object of attention.

The right and propriety of parliamentary declarations of the law by bill is an ef fential part of the legislative authority, and B warranted by many examples from the earliest times. How far either house of parliament, not acting in a legislative or judicial capacity, can with propriety make any declaration of the law by refolution, is a question of a more doubɩful nature.

I fubmit the following reafons to the public, in fupport of the opinion of thofe who, dufenting from the propriety of a refolution, gave their negative to the motion.

Ift, A refolution being only the opinion of one house, is not an act of the legislature, and therefore cannot be taken notice of in any court of law.

2dly, If the judicial power is of all the

all prove the Usage, far lefs the Propriety of fuch extrajudicial determinations.

The writer upon libels & warrants among other of the like kind, felects the cafe of Mr Hambden, where the commons refolved that the charge of hip money, the writs called (hip writs, and the judgement against Mr Hambden, are against the laws of the realm; but this was previous to a bil for declaring void all the late proceedings with regard to ship money, and vacating the judgment of the exchequer against Mr Hambden.

But we are told that the late motion was with a view to introduce another refpecting the privilege of the houfe. The Reply has informed us what that fecond motion would have been ; but I think it goes too far when it alerts that the house contidered and reafoned on that queftion, not as a duftinct and independant, but as the preliminary to another refpecting the privileges of the house. Far from feeing the neceffary connection between those two, I should have thought it impoffible that the perfons who fo ftrongly expreffed their good opi-, nion of, and tender regard for, the charact ers of the two noble lords, could intend any motion of the fort. Could thofe gentlemen who believed them to have acted rather with a laudabie warmth of duty, and a

office, than from any malevolent intentions either against the public or the unhappy individual, be the perfons to propofe fuch a refolution which would have fecretly, branded their names with indelible infamy ?

parts of government the most nice in its na-Dwell intended adherence to the uniform courfe of ture, the most delicate, and, if mifupplied, the most dangerous in its confequences; can a numerous affembly, conuung of men of various ranks, profeffions, and intereft, be the proper refidence of legal decifion ? Surely there must be an end of the certainty and uniformity of the law, if general points of law are liable to vary with the varying and inconstant opinions of men.

3dly, If the houses of parliament can, with propriety, decide general points of law by refolution, all fuch decifions muft be confidered as law, for no appeal lies from their judgement; the refolutions, therefore, of the houfes of parliament, in the time of Richard II. must be held as y law, when they refolved, That the King bas the right of appointing what matters fall be first bandled in parliament, and after that what next, and fo on to the end of the feffion; and that if any one should act contrary to the king's picajure, be should be punjived as a traitor. And, 2dly, That the Lords and Commons cannot, without confent of the king, impeach any of bis judges or officers; that if any one should do so, be bould be punished as a traitor.

4thly, There is not an inftance in all the records, or journals of parliament, where the houfe ever took upon itself to determine a general point of law by refolution, unless when it immediately arose from, or tended to, jøme other act of parliamentary proceeding; the detence of the minority, and the reply to that of the majority, have cited many cales; I have looked into them all, and am now bold to fay, that neither taken feperately nor together do they at

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Thus, by a jeu de politique, the fame conduct of adminiftration would have drawn the cenfure of parliament on one minister, and obtained its approbation and protection to another, and a house of commons, to answer the low ends of faction, would have been made, like Silenus of old, to blow hot and cold with the fame breath.

I agree, indeed, fo far with the defend-'· ers of the Minority as to difapprove of the amendments that were made to the motion; not however as improper in their na ture, but as treating with too much tendernels a motion to which in its own form every dispaffionate & thinking man would have given his negative.

Thele amendments, however, have been arraigned; they have been reprelented as a mere party trick, propofed by one of the majority to ferve the purposes of the leaders of the majority. If thofe purposes were fo to model the refolution as would beft an-, fwer the avowed view of those who propofed it, to form it fo much on the cafe of that warrant it meant to cenfure, that it might appear to apply to that warrant, and not to be a mere fpontaneous refolution on a general point of law, they were fuch as did honour to those leaders, as well as to the gentlemen by whom the amendments were moved.

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