/ y€^^^iny G)/c^c^t<.t^-^^ f^ Class. Book_ \zV^ All Digitized by the Internet Archive in 2010 with funding from The Library of Congress http://www.archive.org/details/orationonamericaOOspal R A T I I ON AMERICAN INDEPENDENCE, JULY 3, 1847. X0G£THS:R TlflTH THE EULOGY tJPON I GENERAL THOMAS L. HAMER, I PRONOUNCED BEFORE THE GENEEAL ASSEMBLY OF OHIO, AT COIiUMBUS, JANUARY 18, 1847. BY RUFUS P. SPALDING. dm AKROI7, OHIO. H. CANFIELD, PRINTER, 1847. RATIO ON THK CAUSES WHICH LED TO OUR ',S ?r¥ NATION NBEPENIIENCE AND THE TRUE MEANS FOR PRESERVING THE SAME, DELIVERED AT AKRON, OHIO, JULY 3, 1847. Y RUFUS P. SPALDING PRINTED BY H. CANFIELD. 1847 Dear Fir :— The " Committee of Arrangements," in behalf of the Mechanics and Citizens of Akron, beg leave to tender to you their grateful acknow- ledgements for the very able Oration delivered by you on occasion of their late celebration onjhe third of July. They furthermore solicit a copy for publication. J. C. BERRY, Pres'L H. G. Allen, SecVy. B. P. SPALDING, Esq. Akron, July 13, 1847, OR AT 10 Fellow Citizens : — There has been a wonderful chringe in the condition df civilized man since the memorable document, just now read in your hearing, was promulgated to the world. His conceptions ot the object and end of human government, are now widely different from the crude notions which were then entertained by the greatest portion of the people on the habitable globe. The monstrous absurdity that kings ruled by " divine right''' had prevailed for centuries ; and even in England, under their boasted " Magna Charta," the history of the reign of the Tudors and of the Stuarts is little else than a gloomy picture of the licentiousness of power, when exerted by tyrannical rulers over the heads of an ignorant and servile people. It seems to have beea claimed by the crowned heads of the old world, (and the' deep debasement of their subjects in most cases conceded the claim to be jusl) that the great majority of mankind were placed here, on the earth, for no other purpose than to contribute to their aggrandizement, and that the only proper end of government was to uphold tyranny and punish resistance to oppression. True, this false notion had brought one of the Stuarts to the block, and had sent anotbor into perpetual exile, but these admoni- tions were productive of no radical change in the monarchal policy of England, which seemed to traverse the earth in quest of objects on which to display its arbitrary power. It finally received a check, and from a quarter of the world where it least expected to meet with resistance. In the begmning of the seventeenth centuryj the seventy of ths British statutes against Protestant non-con foimists, had driven across the ocean and finally landed on the rock of Plymouth, a little band of men, who, in the quaint language of the English historian, possessed "a violent turn towards republicanism and a zealous attachment to civil liberty." From this " grain of mustard seed, there grew and waxed a great tree •" so that in the beginning of the last quarter of the eighteenth century, the population of the then thirteen British Colonies of North America numbered about three millions, of souls. This people had uniformly evinced a most filial regard for the mother country, and the sons of the Pilgrims had time and again, poufed out their blood like water in fighting the battles of England, whilst that ambitious power was contending with the monarchy of France for the supremacy in America. In return tliey had been treated with jealousy and contempt : their proud European brethren wers jealous of their unexampled increase in wealth and population, and lliey professed to hold in contempt the virtuous simplicity of their lives and conduct. They were indebted to the government of England for liorde.^ of ofRce=holderi, sent hither to be pampered upon their industry, and they were loo often men '•' whose cijaracter and conduct [as vva-'. once declared in the British House of Cammons,] caused the blood of these sons of liberty to recoil wiihm them." At length it was proposed to fill the measure of oppression by imposmg taxes upon the Colonies far the benefit of the royal treasury. This policy, so utterly obnoxious to freemen, was first sought to be enforced at the instance of the minister Grenville, m 1765. On the 22nd of March of that year, the famous Stamp Ac! received the royal assent. By- the terms of this Act the people ot the Colonies were required to use English stamped paper for all written instruments whatsoever ; and paper thus stamped was to be purchased at extravagant prices from agents appointed for the purpose by the British government. Severe penalties were attached 10 the violation of the law, and these penalties were to be enforced m the-King's Courts of Admiralty, throughout the Colonies, without Jhe intervention of a jury. The passage of this act called forth a general burst of mdignatior?. and so firm and united were the people of America in opposing the measure, that the law could not, in fact, be earned into execution in Virgniiaj Patrick Henry thundered his indignant opposition In the House of Burgesses, and by a series of patriotic resolutions, gave the ministry of England to understand, that the people of the Colonies would acquiesce in no system of taxation framed by a legislative body in which they were not represented. In Boston and New Haven, the agents of Great Britain for the distribution of stamps were treated with such rudeness and contempt by the citizens, that they were glad to resign their odious commissions. About the same time, Dr. Franklin, then in London, was called for examination before the House of Commons, where he boldly pro- nounced the opinion that "the Act of Parliament tor taxing America had alienated the affections of the people from the mother country, and that they would never submit to pay the stamp duty without compulsion," Through the eloquent and persevering efforts of Chatliam and Camden in the House of Lords, and the magnanimous Col. Barre m the House of Commons, tlie Stamp Act was repealed in the spring of 1766, but Parliament at the same time made public declaration of their right, not only, to tax the Colonies, but to bind them in all cases whatsoever. In contemplating the more immediate causes which impelled ouf patriotic sires to make the declaration of independence, it will be interesting to note in how signal a manner the boasted wisdom of man was made foolishness for our good ; and, in this respect, how the most ill-judged and unjust designs, by some moral chemistry altogether beyond our ken, were made to produce tlie happiest results. In tile celebrated discussion which sprang up in the House of Lords on tlie repeal of the Stamp Act, the Karl of Chatham mairs tained that " taxation was no part of the governing power which Parliament had a right to exert over the Colonfes." And Lord Camden declared, with great good sense, "that taxation and repre sentatioa were inseparable.'' " It is," said he, " an eternal law of nature ; for vi^hatever is a man's own is absolutely his own : no man has a right to take it from him without his consent. Whoever attempts to do it, attempts an injury : whoever does it, commits a robbery." In reply to these cogent aigunients, Lord Mansfield, then Chief Juctice of England; and really one of the greatest men of that or of any other age, insisted upon the specious doctrine of virtual representation. " There can be no doubt," said he, "but that the inhabitants of the Colonies are represenTed in Parliament, as the greatest part of the people of England are represented, among nine millions of whom there are eight who have no votes in electing members of Parliament. B'or what purpose then," he continued, " are arguments drawn from a distinction in which there is no real difference, of a virtual and actual representation ? A member of Parliament chosen for any borough, represents not only the consti- tuents and inhabitants of that particular place^ but he represents the inhabitants of every other borough in Great Britain. He represents the city of London and all the Commons of this land, and the iuhahitants of all the colonies and doininions of Great Britain^ and is in duty bound to take care of their interests." Thus reasoned upon this, then all important topic, one of the most lofty and comprehensive intellects in England : a man too, who professed to admire " the industrious, frugal and well meaning people of America," (as he termed them,) and who looked Upon the? Cololiies as the most precious jewels of the British crown. But fortunately for the cause of American Independence, Lord Mansfield was no hicnd to liberal principles in government, and uniformly opposed every measure which might have led to conciliation and prevented the magnificent result we this day commemorate. In May, 1767, another plan was adopted for taxing America: by an act of Parliament, duties were imposed on all tea, glass, paper and painters' colors which should be imported into tfie Colonies. This proceeding was received in the same spirit with the Stamp Act, and so portentous were the signs of opposition nmong the high spirited citizens of Boston, tliat two reoiments of British troops were ordeied on from Halifax to overawe the town. The consequence was a serious collision between the military and the citizens, in which a number of tlie latter were killed. Thus it seemed as if every step taken by the British government, had a direct tendency to alienate the affections of the people of the Colonies from the parent country, and to prepare the way for a revolution. in 1771, the celebrated Lord North was called to the ministry. At his instance, the duties imposed by the act of "67 were taken ofi'> with the exception of those laid on tea ; Parliament at the same tii^ie, most scrupulously reserving to themselves tlie right to tax the Colonies at their pleasure, in the mean time, agreements had been formed by legislative assemblies and hv influential individuals throughout the country, restricting and in a measure interdicting the use of goods imported from England. In 1773, the East India Company, encourao-ed so to do by an act of Parliament remitting the home duties, made large shipments of tea to the American Colonies, both with a view to their own profit and as a test of the expediency of the law imposing the tax. The result showed the indomitable spirit which has ever characterised -the Anglo-American race. Tlie Bostonians entered the ships and threiv the tea overboard. As an act of retaliation for this alleged outrage, Parliament, in March 1774, passed the Boston Port Bill : that is, they interdicted all commercial intercourse with the port of Boston, and prohibited the landing and shipping of any goods at that place, until the citizens should first pay for the tea which they had destroyed. This last measure of the British government led to a General Congress of delegates from all the Colonies, which met at Phila- delphia, on the 4th of Sept. 1774. The proceedings of this body of men, called together as they were under such novel and exciting circumstances, were of so dignified a character as to attract universal admiration. They addressed the king in most respectful language, and at the same time with sufiicient firmness, and urged him to restore to liis American subjects their violated rights. They addressed the people of England, and appealed to them if any reason could be given why British subjects, living three thousand miles from the royal palace, should enjoy less liberty than those in its immediate vicinity? They addressed their constituents, and presented an account of the oppressive measures of Parliament during the ten or twelve years then last past : they applauded the spirit they had shown in defense of their rights and encouraged them to persevere and be prepared for all contingencies, plainly intimating that those might occur which would put their constancy severely to the test. They agreed not to use any British goods, but, by every means in their power, to encourage agriculture, arts and manufactures in America. They approved of the conduct of Massachusetts, and exhorted all to persevere in the cause of freedom ; and finally they determined to continue the Congressional union until the repeal by Parliament at oppressive (J iitieri -ol the laws restricting the right of trial by Jury - and of the acts against the people ol Massachusetts. Lord Chatham is said to have declared "that though he had studied and admired the free states of antiquity; the master spirits o( the world, yet for solidity of reasoning, force of sagacity and wis- dom of conclusion, no body of men could stand in preference to this Congress." On the 18th of April 1775, the battle of Lexington opened the war of the American Revolution. The intelligence of the com- mencement of hostilities flew like lightning through the colonies and called forth a universal shout of— " liberty or death." Upon the reception of the tidings that American blood had been spilled on the plains of Lexington, mechanics left their work-shops, and farmers their plow-fields, and all with one accord hastened to the scene of hostilities, so that, in an incredibly short space of time, a numerical force of twenty thousand men was collected in the vicinity of Boston. From this time onward, important events followed each other in quick succession. Congress assembled at Philadelphia on the 10th of May and directed an issue of three millions of dollars, in bills of credit, to defray the expenses of the war. On the 15th of June, Washington was unanimously chosen Commander in Chie( of the Army. On the 17th of June, was fought the battle of Bunkers' Hill where the immortal Warren sealed, with his life's blood, his devotion to his country ; and where, too, the \'eteran soldiers of George the 3d were twice repulsed by the cool and determined daring of the yeomanry of New England. In the following winter, Congress addressed to the King another petition for a redress of grievances,-in which they set forth, in the strongest terms, the attachment and loyalty of the people of the Col- onies to the Government of Great Britain. The petition was treated with contempt, and the petitioners were charged with rebellion and with a desire to establish an independent empire in the west. At the same time the Parliament resolved that they would reduce the re- bellious colonies to obedience by measures of coercion and distress. Up to this period, very few of the leading men in the colonies had contemplated a separation from England ; on the contrary, many of the most spirited and influential opponents of British injustice and oppression, shuddered at the idea of an independent government ; but repeated indignities gradually prepared tlieir minds to view with complacency that interesting and important result—and when, as if to cap the very climax of outrage, the British Government hired the mercenary troops of Germany to cross the ocean and butcher Amer- ican citizens lor insisting upon their inborn rights, it seemed as it every child was instantly weaned from so unnatural a ihother. The measure of England's wrongs #as now filled to overflowing and her American Colonies were lost to her forever. Bitterly, most bitterly, did the proud monarch of Britain afterwards rue the indignity with which he then treated his dutiful subjects in America. During the long season of mental aberration which preceded his death, George the 3d was often heard to exclaim^ in tones of anguish, "how can I that am born a gentleman, ever lay my head on my pillow in peace and quiet, as long as 1 remember the loss of my American Colonies'?" On the 7th of June, Richard Henry Lee, of Virginia, made a mo- tion in Congress that the Colonies be declared free and independent ; and on the 4th day of July 1776, Congress published to the world the solemn declaration that " these United Colonies are and of right ought to be Free and Independent States." The declaration of independence professes to hold certain truths as self evident, to wit : " that all men are created equal — that they are endowed by their Creator with certain unalienable rights — that among these are life, liberty and the pursuit of happiness — that to secure these rights Governments are instituted among men deriving their just powers, from' the consent of the governed." But, however self evident such propositions may have been, men at that day, had not been accustomed to avow them above their breath — and every one of those magnanimous souls who subscribed his name to the great manifesto of freedom, made his signature " with his neck in a halter." If British bayonets had triumphed, the signers of the dec- laration of independence would have "died the death." True, at this day the proposition seems to be as clear as a sun- beam that civil government is constituted and upheld solely with a view to the happiness and well being of the mass of the people. It is received as an axiom in America, and is very generally acknowi-. edged in Europe ; but we all know with what tenacity bigotry and ignorance have adhered to the notion that divine wisdom had select- ed a certain race of men to sit here upon the earth «' crowned and 2 10 sceptered," and had ordained that the busy milhons should toil and suffer and die for their pleasure and aggrandizement. The great principle of self government is at war with such an absurdity ; it was clearly broached by the framers of the declaration^ and the problem, now in full course of solution, has cost the world, an immense expenditure of money and a vast outpouring of human blood. • In view of the magnitude of the questions involved — with the lim- ited resources of the colonies — the immense wealth and power of England — and the imminent deadly risk which the actors themselves incurred — language fails, adequately to portray the sublime dignity and exalted philanthropy exhibited by the sages and patriots of '76, when, in support of their immortal declaration of independence, ''^'they, humbly relying on the protection of Divine Providence, mu- tually pledged to each other their lives, their fortunes and their sacred honor." And Well did their countrymen sustain them in the proud yet critical emergency. Under the lead of that great and good man, whose name cannot -ir bespoken without an increased pulsation of the patriot's heart, the brave and willing, though destitute and undisciplined soldiery of the states were taught to face and fight the well appointed legions of the king. Yea more, they were taught to endure privations and hard- ships of which we, in these " piping times of plenty," can have but faint conceptions. They were, however, actuated by the noblest im- pulses. They were patriots striking for freedom ; they fought for their wives and children, and domestic altars ; they fought for their own birth-right and for the common rights of man ; they fought for them- selves, and they fought too for posterity. Verily there were giants in those days. Not giants in stature merely, but giants in energy — giants in perseverance — giants in valor and giants in patriotism. We have but few of them left among us, and their number is rapidly diminishing ; but, all honored be their names and memory ! Soldiers of the Revolution ! ! '• What a rush of patriotic emotions circles around that lofty appella- tion ! How insignificant and worthless are " stars and garters" and other orders of nobility, when placed in comparison with this time- honored title ! Long may the survivors continue on the earth to witness the blessings of free government, purchased by them with privation and with blojc^d, descending upon the heads of their chil= u dren and their children's children; and when they shall go to their rest, in&y it be with the pleasing consciousness that they have "done much good in their day and generation ;" and that " millions ye^ unborn will rise up to call them blessed." For seven long years did Washington and his brave compeers in arras sustain the unequal strife with England. In many a terrific battle-field were the sinking hopes of the patriot host on the brink of flight forever. But, thanks be to God, " the race was not to the swift nor the battle to the strong." Our fathers were sternly true to their principles, and in the face of difiiculties, in the face of dangers, almost in defiance ot death itself, they wrought out for themselves with the blessing of heaven upon their labors, a happy deliverance from the hand of the oppressor, and for tl' eir posterity a glorious inheritance of civil and religious liberty. They were often defeated in battle by the superiority of their enemy in numbers and discipline, but each defeat called forth newenergiesj and on the far famed fields of Saratoga and Yorktown, two well ap- pointed British armies, commanded by distinguished Generals, laid down their arras before the irregular and undisciplined troops which they had long affected to despise. At length provisional articles of peace were signed at Paris on the 30th of November, 1782, by the Commissioners of his Britanic Majesty and the American Commis- sioners, in which his Majesty acknowledged the thirteen United Colonies to be free, sovereign and independent States: the definitiver treaty was- signed on the 3d of September of the next year. From that lime to the present period, the United Stales have advanced in wealth and population with a rapidity unexampled in the history of the lise of nations. While intestine commotions or wars of ambition and conquest have sat like an incubus upon the necks of the people of the old world, the government and citizens of the United States have, for the most partj turned their attention to the peaceful arts of Agriculture, Commerce and Manufactures. True, an unfortunate exception is in progress of developement at this time: For, however much we may laud the chivalry of our countrymen as displayed at Buena Vista and Cerro Gordo (and it is not in the soul of man to remain insensible to high military achievemenl) we should all desire tosee the period speedily arrive 12 when "our swords rricay be turned into plough-shares and our spears into pruning hooks." War is not the true poHcy of this great republic. Na}^ it is the accursed bane of freedom, and if, at some future period (God grant to place it far distant in the vale of years,) our proud Eagles shall be found withdrawing their gaze from the burning sun, and stooping in their heavenly flight, and screaming the death-cry of. liberty at the feet of a despot, it will have been brought about by a neglect of God and his holy religion, by contemning the peaceful arts, and by an undue love of military glory and the consequent thirst for foreign conquest. There is, however, another cloud hanging over the horizon of oiu- national prosperity which, though erst no bigger than a man's hand, threatens to hang the whole heavens in black. "Vou will understand me, of course, as alluding to that paradoxical commentary upon the declaration of independence — ^^ the peculiar instituiiony At the adoption of the Constitution, the principle of involuntary servitude was recognized to exist under the sanction of law, in a portion of the States;, as a matter of necessit3^ It wa?, however, considered to be a crying evil, and the soundest heads and purest hearts in the Convention which framed the federal compact, viewed it as a cancer upon the body politic, which the self interest, if not the philanthropy of the slaveholder, would speedily eradicate. Time has demonstrated the fallacy of such belief. The cupidity of men who grow slaves and make merchandise of human flesh knows no such restraint as religion, n.oraiitj'' or patriotism would impose upon their praccices. True, if the evil had been restricted (as it should have been) to the states forming the union at the adoption of the constitution, self interest might have led to the extinction of slavery in moat of the members of the confederacy long before this. But the demands of the slave holders have been insatiate : they were not satisfied with the immunities indirectly guaranteed to the original slates by the constitution, but, at the admission of each new state into the union, from a climate where the thermometer occasion- ally ranges above zero, have earnestly insisted that their slave market should be proporiionnbly extended. The people of the free states have uniformly acceded to their unjust demands, until we have become, emphatically, ^AesZave nation of the earth. All great questions of governmental policy, yea and of ecclesiastical also, are made to bow to the behests of " the peculiar ir^- 13 siitution." It seeks to extend itself, like a dealh-pall, over all the fair territories of this union, and to incorporate itself with all future acquisitions of national domain whether made by purchase or by conquest. Yea, more than all this ; it seeks to usurp the elective franchise itself, and we are now told with an air of superlative inso- lence and disdain, I hat political organization of party may henceforth do as it will, the.slave states will elect the President. And so ihey will choose the president — and rule in the councils of the nation — and perpetuate the evils of slavery — until the free citi> zens of the North, and of the East, and of the West shall, with uni- ted voice, say to the foul fiend—'* thus far shalt thou come and no farther." The respectable body of artisans in our town, have been mainly instrumental in directing public attention to the observance of this festival, and, if I am rightly informed, the pecuniary gains arising from the entertainment at the table, are to be appropriated to the purchase of a library for their particular use. Gentlemen of the Me- chanics' Society i You are associated for a noble purpose. To culti- vate the intellect and acquire useful knowledge is the highest em- ployment of man. It is your undoubted right, if it be your pleasure, to draw liberally upon all the various stores of learning, and the day has gone by when a knowledge of the arts and sciences would be de5med to conflict with the usefulness of a practical mechanic. Under our republican government, too, the honors and emoluments of office are as legitimately whliih (he reach of the farmer and mechanic as of the p'ofessional man. In point of fact, very many of the wisest statesmen to whom our country has given birth, have set out in life with some mechanical employment. You are all aware that Benjamin Franklin, who electrified both hemispheres with his discoveries in science, and who was equally celebrated as a statesman, wrought for many years as a practical printer; Roger Sherman, whose name is affixed to the declaration of independence, and of whom Thomas Jefferson declared " he never said a foolish thing in his life," was a practical shoemaker, and preserved his bench and tools until his death. More recently, Nathaniel Smith, who became one of the nine learned judges of Connecticut, exchanged the employment of a tiri-s pedlar for the study of the law. 14 Nevertheless, I would not, as a general rule, recommend to farmers and mechanics any change of a fixed vocation. " Shoemaker, stick to your last I" is a proverb sanctioned by the voice of centuries and hundreds and thousands of men have made themselves misera- ble by slighting the admonition. Where one man, forsooth, by dint of perseverance and by ihe force of genius, might arrive at eminence by exchanging his trade for a learned profession, a hundred others would fail in their object and render themselves ridiculous. And where is the necessity for change ? Manual labor is healthful and honorable. It may not ordinarily lead to wealth ; but with reasonable economy, it insures to the individual an independent livelihood, and, in this country, the practice of the law or of medicine will do no more. In an address recently made by Daniel Webster to the Charleston bar, I find the following paragraph in point : "After twenty five years experience, 1 can say, the condensed history of most, if not all, good lawyers, is, that they lived well and died poor." Qualify yourselves for usefulness my friends^ in any avocation of life, and rely upon it, you will not only be respected yourselves, but you will reflect dignity upon your callmg. One other reflection and I have done. In the days of the American Revolution some very rich men embraced the cause of the crown to save their property — a few very poor men were bought with British gold. But men of your stamp, men of moderate means with well regulated habits of industry — farmers and mechanics — were always found in the right place. The country could rely upon them, as its bone and sinew — and they saved the country. Now the country must rely upon just such men at the present day. You acknowledge that you have received from your fathers a precious inheritance: the descent is cast upon you clogged with a single condition. Use the precious boon of liberty but do not abuse it ; and see that your children receive it unimpaired at your hands. How, you will ask, may we best discharge this great responsibility? I answer, "the youth of a nation are the trustees of posterity " — therefore educate the youth. Again — we can never expect to attain a desirable state of social, equality " by depressing the few :" it can only be done " htj elevating the many''^ — therefore educate the youth. 15 There is no safeguard for free institutions but that of an enlightened and virtuous population. If we would shun the evils of anarchy, vv^e should educate our children. If we would avoid a despotism, we should educate our children. "^^FINIS,^^ EULOGY UPON GENERIL THOIM L. HAIER, PRONOUNCED BEFORE THE GENERAL ASSEMBLY OF OHIO, It COLUMBUS j JANUARY 18, 184T. BY RUFUS P. SPALDING. H. CANFIELD, PRINTER, 18-17. EULOGY. Gentlemen of the Senate, And Gentlemen op the House of Kepresentatives : It was the saying of one of the Latin Fathers, that " the care of funerals, the place of sepulture, and the pomp of obsequies, are rather consolations to the living than any benefit to the dead." This is doubtless very true, but the apothegm is susceptible of some amplification. There are benefits resulting from an offering modestly laid upon the tomb of departed worth, which far outweigh the consolatory influences that flow in upon the hearts of surviving friends by reason of sympathy, 'though it " Drop tears as fast as the Arabian trees • Their medicinal gum," In the first place a suitable exhibition of funeral rites and ceremonies has a tendency to mortify the pride and chasten the affec- tions of the living— to call off the mind, for a season, from the vanities and uncertainties of life, and to fix the attention upon the solemnity and certainty of death. We read that the Egyptians, after their feasts, were wont to present the company with a great image of death by one that cried out to them, " Drink and be merry, for such shalt thou be when thou art dead." — A still higlier authority says to us — " it is better to go to the house of mourning than to go to the house of feasting: for that is the end of all men ; and the living will lay it to his heart." Again ; a decent manifestation of respect to the memory of the virtuous dead, is a powerful incentive to the living to emulate that course of conduct which strews with flowers, and fills with fragrance =' the valley of the shadow of death." Impressed with the truth of this sentiment, the great Roman Orator has said ; =' the place of oar sepulture is wholly to be contemned by us, but not to be neglected by our friends." There is then, a sort of classic as well as religious propriety, in the resolve of this General Assembly, which suspends, for a season, the business of legislation, that honor may be done to the memory of one, whose ce _____ name is great In mouths of wisest censure," Fellow Citizens : The insatiate archer once more hath sped his shaft, and lo ! the pride of our slate is fallen : Death has entered among us, and a fearful chasm is left in our ranks. He has torn his victim from the fond family circle ; from the forum ; from the legislative hall ? from the ramparts of his country's honor. He has triumphed over the affection of the husband and the father, the eloquence of the advocate, the wisdom of the statesman, the patriotism and valor of the soldier, and all, all is grief ! — Well may we apostrophize in the beautiful words of another :— " O thou destroyer of human hope and happiness! was there no head frosted by time, and bowed with careSj to which thy marble pillow could have yielded rest ? Was there no heart-broken sufferer to seek refuge from his woes in thy cheerless habitation? Was there jio insulated being whose crimes or miseries would have made thee welcome? Who had lived without a friend, and could die without a mourner?- These, alas, could give no celebrity to thy conquests, foT they fall, unheeded as the zephyr. Thy trophies are thegathered glories of learning, the withered hopesof usefulness, the tears of sor- rowing innocence, the soul-appalling cries of the widow and the prphan. Thou delightest to break our happiness into fragments, and to tear our hearts asunder. We knov/ that thou art dreadful, and unsparing, and relentless— else our departed friend had continued with us. His tomb would have been, where our hopes had placed it, far distant in the vale of years. Still would his manly and generous affections warm and delight the social circle— still would his pure and spotless manners invite the praise and imitation of our youth— still would his impresssive eloquence lead captive courts and senates— the golden cord of connubial affection would gain stren2;th and beauty from time — and still his children would call him father." Yain and deceitful illusion ! " For him no more the blazing hearth shall burn, Nor tender consort watch .with anxious care ; Nor children run to lisp Iheir sire's rpturn, Nor climb his knee, the envied kiss to share." But why do we repine? It is appointed unto man once to die, and after that the Judgment^ — —aye, the Judgment. " With noiseless tread, death comes on man; No plea — no prayer delivers him — From midst of life's unfinished plan. With sudden hand it severs him. And ready, or not ready, no delay, Forth to his Judge's bar he must away." 'Tis the dread of judgment that robes in terror the image of death. The virtuous and the good need not tremble ft the dissolution of the body — much less should their surviving friends lauient their fate as those who have "died without hope." «' Why," says Seneca, '■ should this rather be always running in a man's head, that fortune can do all things for the living man, than this, that fortune has no power over him that knows how to die ?" Our friend, distinguished through life for promptness and punctuality, has, in his death, paid the debt of nature a little while before us.- --That is all, Thomas Lyon Hamer had his birth in the county of Northum- berland, in the commonwealth of Pennsylvania, in the month of July, of the year one thousand and eight hundred. At the commencement of our second war with England, his father, who was a farmer of moderate means, removed to the state of New York, and resided for a time in the vicinity of Lake Cham- plain. While there, it fell to the lot of Thomas, then a youth of only about fourteen years, to be an eye witness of the naval action fought by the heroic McDonough : and that thrilling scene, with its triumphant result, gave to him, as he often declared, that penchant for warlike achievements which adhered to him through life. In the year eighteen hundred and seventeen, the elder Mr. Hamer migrated to Ohio, mid purchased a small farm near Oxford, in the county of Butler, where lie resided until his death. His son Thomas accompanied the family on their journey until they reached the mouth of " ISine Mile Creek," which puts into the Ohio River in the county of Clermont. At this point he bade them adieu, having already determined in his own mind, that he wc^ild no longer constitute a charge upon the slender resources of his father, to whose kindness he was indebted for a tolerable English education, which, he rightly conceived, v/onld be fully adequate to the supply of his future wants. And here, amidst the rude and unlettered, though generous and warm-hearted pioneers of Clermont, the honored subject of our notice, then in his eighteenth year, an entire stranger in the land — without money, save only " one and sixpence" in his pocket, and without clothing, except the ''home-spun" which he wore, began his brilliant career. Oh, what volumes of instruction does such an example furnish to the young men of this republic : So true is it, that — ^' Mores cuique sui fingunt fortunam. " Or, as the English bard has it, " Himself, not fortuQe, ev'ry one must blame, Since men's own manners do their forlune frame." in the immediate vicinity of the place where he first landed, Mr. Hamer taught a school for about four months, and in that time borrowed of one Stephen Lindsay, a noted magistrate in those parts, an old and worm-eaten copy of Espinasse's Nisi Prius, which he read with intense interest, reciting his lessons to the learned justice, during his hours of relaxation from the duties of his calling.. And thus he commenced the study of that arduous profession of which, at a subsequent period, he became the ornament and pride. At the close of this school, he was continued in the same employ- ment by the citizens of Witho.msville, a village some five or six miles in the interior, where he had access to* a. small collection of books owned by Dr. William Porter, an amateur in professional sci- ence, who had alternately studied Law, Physic and Divinity, and whose library bespoke the variegated character of his scientific pur, suits. He subsequently took charge of a school in the village of Bethel, where he boarded in the family of the late Thomas Morris, then a practising attorney, under whose instruction he prosecuted the study of the law until his admission to the bar by the Supreme Court, sitting, at WiiHamsburg for the county of Clermont, in the spring of the year one thousand eight hundred and twenty one. It is somewhat re- markable that, up to this period, he had never, at any time, been within the walls of a Court-House. In the month of August (1821) Mr. Hamer repaired to Georgetown, the seat of Justice for the county of Brown, and entered upon the duties of his profession. Very soon thereafter, he married Lydia Bolton Higgins, the amiable daughter of Gen'L Robert Biggins of. Virginia, who was a soldier of the Revolution. This union was productive of great domestic happiness, which was only interrupted by the lamentable death of Mrs. Hamer in the month of January, 1845. They Iiad seven children, five of whom (two sous and three daughters,) survive their beloved father. The second wife and now disconsolate widow of Gen'L Hamer, was Miss Catharine Johnston, daughter of Doctor Wra. B. Johnston of Minerva, Mason county, Kentucky. Upon opening an office at Georgetown, Mr. Hamer speedily ac- quired a lucrative practice at the bar ; and such was the purity of his life and conduct, the gentleness of his deportment, the fascination of his artless and spirit-stirring eloquence, that he at once became a distinguished favorite in the community where he lived. In the fall of the year one thousand eight hundred and twenty . five, he first entered upon public life as a Representative in the Gen- eral Assembly of Ohio from the county of Brown. He served in the same capacity duing the winter of 1828, and on the organization of the House in December, 1829, was elected Speaker ; this station he was admirably qualified to fill, as well by reason of his courteous demeanor and singular self-possession, as his intimate acquaintance with Parliamentary law. On the second of December, 1833, Mr. Hamer took his seat in the Congress of the United States as one of the Representatives from OhiOj and in a term of service of six years duration, acquired a celebrity which gave him rank amongst the most astute politicians of the day. In 1838 he declined a re-election to Congress, and for a series of years thereafter, devoted his undivided attention to professional pursuits. The emoluments of his practice as a lawyer, were ^reat, but they arose rather from the multiphcity of his " retainers," than from any thing like exorbitant charges in single cases. His high and refined sense of honor was exhibited as strongly in his professional conduct, as in his social or political relations, and his kindness to junior members of the profession was proverbial. His p-reat excellence as a lawyer consisted in his profound knowledge of human nature, in the clear and discriminating power of his intel- lect, and in the fervent zeal with which he always maintained his client's cause. Early in the summer of 1846 he evinced a disposition to return to political life, and was accordingly placed in nomination as a repre- sentative to Congress from the district in which he lived. At this time he was at the zenith of professional, if not of political fame. He had formed a co-partnership in the practice of the law with Saunders W. Johnston, Esquire, who was married to his eldest daughter ; and the business of their firm is said to have yielded a revenue of more than six thousand dollars per annum. Then it was that his patriotism was put to the test : — when sur- rounded by all the endearments of home ; a devoted wj/e, dutiful and affectionate children, constant friends, a competency of worldly wealth, high professional fame, political advancement near at handj and untold civic preferment in the future ; — then it was that his country's call came upon his ear, and our gallant Hamer obeyed the behest. Fearing lest the requisition for volunteers in the Mexican war, might not be promptly met by Ohio, he rode around his district, called meetings, and, like " Henry, the forest-born Demosthenes Whose thunder shook the Philip of the seas ; " by his patriotic eloquence, aroused the sleeping energies of his coun- trymen, and excited them to deeds of noble daring. Twelve hundred of the hardy yeomanry of Brown, Highland and Clermont proffered their services in their country's cause. The eloquent Hamer consecrated himself to the same glorious service. The example became contagious. His law-partner, the intrepid Johnston, volunteered : two of their law-students volunteered: a bound-boy of Mr. Hamer volurx- teered : and, finally, the young son of Hamer pressed forward to join the patriotic throngs, but his father kindly staid his steps. It has occasioned no little surprise with that class ol community who were only acquainted with Mr. Hamer in his public and profes- sional character, that he could be induced to volunieer for the set- vice in Mexico as a private soldier. The mystery is not inexplicable. Next to his love ot country, he was most ardently attached to his adopted state. He was jealous of her reputation almost to a fault-- and when he enrolled his name with the " Brown County Boys," he' avowed his object to he, to makft himself useful in the service, in any post which he mio;ht be deemed competent to fill ; entertaining the hope that he could be instrumental, in some degree, in elevating the character of Ohio to that chivalrous standard already attained by some of her sister States. In the organization of the volunteers at Camp Washington, Mr. Ha- mer was elected Major of the 1st Regiment, and very soon thereafter proceeded with his compatriots in arms, to meet the enemies of his country. On his way to the seat of war, a commission reached him from the President of the United States constituting him a Brigadier General in the volunteer service — a high tribute to his talents and patriotism ! Especially so, as he was known to lack experience irr military affairs. in process of time we find him at Camargo at the head of the Ohio Brigade. Whilst here, the General in Chief resolved to proceed to tile assault of Monterey with none but regular troops and southern volunteers. The course'pursued by General Hamer, on this occa^ sion, would in days of yore have secured to him a " hecatomb." He declared, in a council of war, that if a conquest of territory was to be made in the Mexican Empire, the citizen-soldiers from the free States, and especially those from the free states of the west, would claim the privilege not only of taking part in the contest of arms, but also in the civil contest that would ensue, as to the government and laws of the subjugated territory. His timely remonstrance produced the desired effect : the order of march was changed, and General Hamer's Brigade, led on by their brave chieftain, performed prodigies of valor, and won immortal TTOown at the storming of Monterey. 4 10 The coolness, skill and intrepidity displayed by Gen'l. Hamer in that stoutly contested and bloody fray, forms the crowning act in his short, but singularly brilliant and eventful career. And now mark the instability of man's greatness, and the deceit- fulness of all his earthly glory. On the second Tuesday in October A. D. 1846, Brigadier General Thomas L. Hamer was without opposition, elected to the Congress of the United States, as a Representative from the 7th District in Ohio, composed of the counties of Highland, Brown and Clermont. On the third day of December A. D. 1846, Mnjor General Taylor addressed the following communication to the Adjutant General of the army from his Head-Q-uarters near Monterey : " It becomes my melancholy duty to report the death of Brigadier General Hamer of the volunteer service, who expired last evening, after a short illness. " The order to the army announcing this sudden dispensation, expresses but feebly the high estimation in which the deceased was held by all who knew him. In council, I found him clear and judicious : and in the administration of his command, though kind, yet always impartial and just. He was an active participant in the operations before Monterey; and since, had commanded the volvnteer division. " His loss to the army, at this time, cannot be supplied ; and the experience which he daily acquired in a new profession, rendered his services continually more valuable. I had looked forward, with confidence, to the benefit of his abilities and judgment in the service which yet lies b«fore us, and feel most sensibly the privation of them." And so it is — cui down in the midst of his days, from the object of univ ersal love, our friend has become the object of universal lamen- tation ! ! ! On a similar occasion, one of the most highly gifted amongst the many intellectual and accomplished sons of Harvard hath said, " Oh ! how dangerous it is to be eminent. The oak whose roots descend to the world below, while its summit towers to the world above, falls with its giant branches, the victim of the storm. " The osisr shakes— and bends— and totters — and rises, and triumphs in obscurity. 11 And yet who of you would owe his safety to his insignificance 1 ■ Beneath that living osier, not an insect can escape the son^ Beneath that fallen oak the vegetable world was wont to floorish. the ivy clung around its trunk the birds built their wests among its branches, and from its summit saw and welcomed the morning sun tlie beasts fled to it for refuge from the tempest^ and man himself was refreshed in its shade, and learned frooi its fruit the laws of nature. " Oh ! how delightful it is to be eminent ! To win the race of usefulness — to live in the beams of well earned praise — and walk in the zodiack among the stars. '• Fame, with its perils and delights, my friends, must ha ours. ■Welcome its rocky precipice ! Welcome its amaranthine garlands ! We must wear them on our brow — We must leave them on our grave. " We must, we will fill our lives with acts of usefulness, and crown them with deeds of honor : and when we die, there will l^e tears oa the cheek of innocence, and sighs from the bosom of virtue, and the young will wish to resemble, and the aged will lament to lose us," >ONJS. ^