cate and fubtile argument, and could, on proper occafions, successfully push an abstract principle into all its consequences, and was ever disposed to bestow the due share of praise on this fort of acuteness in others, yet few were so little apt to be dazzled by new or splendid notions, or less subject to the imposition of false refinement. His natural good understanding, joined to his knowledge of bufiness, readily pointed out to him the real fources and objects of our customs and statutes, and the consequences to be dreaded, if these were at any time forgotten; and thus, occupying on all occafions a strong and fure ground, he was not easily tempted to abandon it. To the fame constitution of mind, he was indebted for his particular eminence in that article, wherein perhaps lies the main dificulty of the Judge's task, the discovering the precise application, or the inapplicability of the general precepts of law to the particular cafe in hand. He was nowife apt to hasten to a fentence, but patiently fufpended his opinion till the due investigations had fully ripened the cafe for judgment; which neceffary preparation once made, he then earnestly applied himself to understand, and get poffeffion of, the peculiar circumftances and proper complexion of that cafe. Whence it came, that in the course of the many years he fat upon the Bench, the number of his judgments as an Ordinary, that were altered on review of the whole Court, was almost incredibly small, and that, in a great proportion of the causes brought before him, the unfuccefsful party acquiefced in his opinion, and carried the fuit no farther. Hence also, in the deliberations of the whole Court, it often happened, (as many who now hear me remember), that, by detailing the cause to the Bench, (which he did with great force and perfpicuity), and fixing upon special circumstances which others had overlooked, or less attentively confidered, he was able to turn the tide of argument, and win his brethren over to his opinion. Yet, though this was perhaps his peculiar excellence, he was the very reverse of a minute or unsteady lawyer. He had, on the contrary, the firmest hold of the principles and spirit of the law in every department, and on all occasions that gave scope for general reasoning, ever drew his opinion, not from the authority of books and precedents, (which hardly any judge ever dealt less in quoting), but from the fource and fountainhead of the law, -the strain of our stetutes, and the reason and substance of the thing. But in reciting his qualifications as a Judge, we muft not forget one, which was in him amongst the most eminent of any, and on no occafion forfook or misled him, the natural rectitude and pure honour of his own mind, which, in the numerous class of causes that depend on the judgement to be formed of the character and conduct of men, directed him with certainty to whatever was faulty in either, and enabled him to shew, which he did with much energy and feeling, what the conduct of a truly honeft man would there have been. Indeed, upon such occasions, where the intereft of morality, or the purity of judicial proceedings, was concerned, he was fometimes led to expatiate at a length which just tafte might perhaps have been disposed to blame, had it been a less warm and pleasing proof of his native integrity and cordial attachment to the cause of virtue. en With all these powerful assistances, which so well qualified him to judge with firmness and decifion for himself, he possesseel the still more rare, and in a Judge inestimable dowment, of the most perfect candour, in listening to and weighing the sentiments of others; which virtue was in him so confpicuous, that it might with truth be faid of him, that he had no predilection for any opinion, merely because it had once been his own: So ready was he to reconsider his judgment, the moment he saw any cause to doubt it, and with fuch perfect openness and indifference did he abandon it, however firm his former perfuafion, upon being (from whatever quarter) convinced of an error. These were his acknowledged merits as a Civil Judge. And his zeal for the public service as President of the Jufticiary, was no less confpicuous and fuccefsful, as appears from more than one reformation, which the forms and practice of the Court underwent, during the period of his fitting at the head of it. Of these, the moit remarkable was the fuller establishment of the distinction in our law between culpable homicide and murder; a distinction which seems to rest upon the strongest grounds in reason and humanity, and even to be supported by the language of our books and statutes, but which, neverthless, the older practice of the Court could scarcely be faid to have thoroughly recognised, and which now, in a great measure, owed its reception into libels and verdicts to the weight of Mr Miller's opinion, who loft no proper opportunity to countenance and inculcate so just a doctrine. We may also mention among the improvements by him suggested, the late ftatutory difpenfation with the tedious, and often unnecessary process, of reducing the teftimony of the witnefies into writing. Nor muft we pass over his attention to the exterior decoram of this tribunal, so important to the maintainance of its authority, and which he, in different ways, materially contributed to fupport; having abolished certain old, but unfeemly practices, and introduced various becoming observances, not before his time required; and, above all, having perfonally added to the respect and gravity of the Bench, by his rare and happy talent of fuitable, and earnest, and eloquent exhortation to the unfortunate convicts, which impressed upon the bystanders, and rendered salutary to them, the examples of justice which his duty constrained him to make. Mr Miller continued, thus honourably to himself, and profitably to the public, to discharge the duties of these stations, without interruption, till the year 1781; at which time, his health being fomewhat impaired by so long a course of constant application to bufiness, it was judged adviseable for him to discontinue it, and make a short trial of a warmer climate. He accordingly spent some months in visiting different parts of France; and having thence passed into Italy, he had there the fatisfaction of contemplating the magnificent remains of the grandeur of the people, for whose language and genius he entertained fo high an admiration, and of furveying with his own eyes many of the picturesque scenes which had fo often delighted him in the descriptions of their poets. He returned in perfect health, after being absent for about a year, and refumed his former occupations with his wonted vigour and activity. In the month of January 1788, on the death of President Dundas, he was, to the entire fatisfaction of his country and the Bar, called to prefide in the Civil Court. His Majesty, at the same time, thought proper to requite his long services, by bestowing on him the title of a Baronet of Great Britain. It was a very difficult task for any man, the youngest and mot vigorous, to enter on the extenfive labours of this office, after the Lord President Dundas; whose singular powers for the rapid dispatch of business will always beremembered with regret, whoever be the perfon that fills his chair. Yet of his successor, during the short time he held it, we may with truth say, that he gained an accession of reputation, by his manner of conducting himself in this new station, though advanced to the age of Seventy before he attained it. And if he fometimes confulted with his brethren upon matters which he might have fettled without fuch deliberation, this was almost unavoidable upon the first entry into of fice; at least in a person like Sir Thomas Miller, who, with the best pretenfions to lead and direct, was free from all defire to exert his influence. This mildness of difpofition secured to him, in an uncommon degree, the refpect and affection of the Gentlemen at the Bar; whom he always heard with fuch patience, and treated with fuch attention and good breeding, as should, more effectually than the sharpeft animadverfion, repress all petulance and indecorum. Having thus then gained the fummit of his honest ambition, in rifing successively, by his own talents and ufeful labours, to all the great offices of the law; having obtained them all without blame or envy, and held them with credit and distinction; - happy in retaining, at an advanced age, the full poffeflion of health and of his faculties, and fortunate in his family and all his domestic concerns; he had little else to pray for, (fince Heaven had ordered that he should now be called from the fociety of persons so dear to him) but an easy dissolution of his mortal state. And this Divine Providence thought fit to grant him. He died upon the 27th of September 1789, after an illness of two days, at his feat of Barskimming in Ayrshire, in the 72d year of his age, leaving no good man his enemy, and attended with that fincere and extensive regret, which only those can hope for, who have occupied the like important ftations, and acquitted themselves as we'l. We have spoken of him in his public capacity, and noticed his great temperance and folidity of judgment. Now, these qualities were in him the more to be praised, that they did not proceed from any coldnefs or tardiness of nature, but were, on the contrary, united to a very warm and feeling heart; which was manifeft in his whole life and manners. No man was perhaps a better citizen, or more genuine patriot, than the late President; if we are to esteem him fuch, who not only takes an interest in the internal welfare and profperity of his country, but feels an honeft pride and warm concern in its glory and confequence as a state, and in the fplendour of the peoples fame. Of all these, the President had, and continued to have, even in his latest years, a most I vely sense; which was, at one period of his life, the fourse of much joy and fatisfaction, and at a later period of fincere mortification and regret, and caused him often to lament to the rifing generation, during the misfortunes of the late war, that they had only seena glimpse of the glory of their country. That part too of the British doa minions which gave him birth, he was attached to with ali the partiality which a good man naturally feels; nor was there any fubject on which he dwelt more frequently, or with more pleafure, than its growing ftate of improvement in his own time. He was, in like manner, a very focial and hofpitable man; to his family and connections, and indeed to all about him, full of gentleness, and kindne's, and cordiality: and this uniformly and without exertion; infomuch that no perfon whom he had reason to esteem or think well of, could ever fay of him, that he received him coldly, or treated him with referve. Good breeding indeed, (meaning by the term that kind and open manner which fets a stranger or inferior at ease) was in a manner natural to him; and he had it to all ranks and conditions of men; so that in a humane vifit to the house of a fervant or dependant, he equally pleafed, planned, and superintended the execution of, and fuccessfully conducted: though in the hands of most other men, having the fame avocations of business, without the fame activity, constancy, and love of order, they were more likely to have proved abor tive, or even rainous. Sir Thomas Miller was twice married. By his first wife, Margaret Murdoch, daughter of John Murdoch, merchant in Glasgow, he left issue, one daughter, and one fon, now Sir William Miller, who follows the fame profeffion in which his father rose to such distinguished honours. His second marriage, of which there is no issue, wasto Anne Lockhart, daughter of Mr Lockart of Castlehill, who has the misfortunetosurvive him. His eldestbrother John haddeceased someyears before him, and he fucceeded, on that event, to the family eftate of Glenlee, which, along with the estate of Barskimming, has now devolved to his fon. B Anecdotes of Dr Franklin, ENJAMIN FRANKLIN, Efq; L. L. D. and F. R. s. was born in 1706, and brought up in the profession of a printer; in which capacity he worked some years as a journeyman with the late Mr Watts of London. Of his origin he made no fecret. In a conversation at Paris, in company with the Comte d'Aranda and the Dukede la Rochefoucault, he replied to an Irish gentleman, who had afked him fome queftions about the state of the paper-manufactory there, "Few men can give you more information on that subject than myfelf, for I was originally in the printing-trade." His love of science can be traced from an early period. A letter of his to Sir Hans Sloane, is dated June 2. 1725. He appeared in London in the line of his business; but had procured letters to, and was well received by, Martin Folkes, Efq; afterwards President of the Royal Society, and through him was known to Dr Clarke. He was not, however, gratified with a fight of Sir Ifaac Newton, which he often lamented, and which he had laboured to obtain. Great age and increasing infirmities prevented an introduction to Sir Ifaac. In 1735, Mr Franklin had a fevere pleurify, which terminated in an abscess on the left lobe of his lurgs, and he was then almost fuffocated with the quantity and suddenness of the discharge. A fecond attack of a fimilar nature happened fome years after this, from which he foon recovered, and did not appear to fuffer any inconvenience in his refpiration from these diseases. His own idea of death may be collected from a letter which he wrote about 35 years ago to Miss Hubbard, on the death of his brother, Mr John Franklin of Boston, who was father-in-law to Miss Hubbard. "Dear Child, I condole with you; we have loft a most dear and valuable relation; but it is the will of God and Nature that these mortal bodies be laid afide, when the foul is to enzer into real life; 'tis rather an embryo state, a preparation for living; a man is not completely born until he be dead; why then should we grieve that a new child is born among the immortals, a new member added to their happy society? We are spirits. That bodies should be lent us, while they can afford us pleasure, affift us in acquiring knowledge, or doing good to our fellow-creatures, is a kind and benevolent act of God. When they become unfit for these purposes, and afford us pain instead of pleasure, instead of an aid they become an incumbrance, and answer none of the intentions for which they were given, it is equally kind and benevolent that a way is provided by which we may get rid of them. Death is that way. We ourselves prudently chuse a partial death. In fome cafes, a mangled, painful limb, which cannot be restored, we willingJy cut off. He who plucks out a tooth, parts with it freely, fince the pain goes with it; and he that quits the whole body, parts at once with all the pains, and poffibilities of pains and diseases, it was liable to, or capable of making him suffer. Our friend and we are invited abroadon a party of pleasure that is to last for ever-his carriage was first ready, and he is gone before us; we could not all conveniently start together; and why should you and I be grieved at this, fince we are foon to follow, and know where to find him? Adieu! B. F." thefe ton. In 1773 he attracted the public notice by a letter on the duel between Mr Whately and Mr Temple. On the 29th of January, 1774, he was heard before the privy council, on a petition he had long before presented, as agent for Massachusetts Bay, against their governor, Mr Hutchinfon; when the pétition was abruptly dismissed, and Mr Franklin removed from the office of deputy postmastergeneral for the Colonies. Previous to this period, it is a teftimony to truth, and bare justice to his memory, to observe, that he used his utmost endeavours to prevent a breach between Great Britain and America; and it is perhaps to be lamented that his counsels were disregarded. He from this time entertained so ardent a resentment, that neither politeness nor moderation could restrain the most pointed and bitter sarcafms against the conduct of England in mixed companies. It is certain that Franklin foretold all the confequences, with an almost prophetic fagacity. In May, 1774, a dispute arofe in the Assembly at Georgia, concerning his agency. His conference with Dr Fothergill, for negociating with America, 1774, may be seen in Dr Lettsom's "Memoirs of Dr Fothergill," p. 163-176; and Dr Franklin's character of that physician, ib. 176-178: his correspondence with Michael Collinson, ib. 266. In the fummer of 1775 he returned, to Philadelphia, and was immediately elected one of their delegates to the Continental Congrefs. In December 1776 he arrived at Paris, and foon after took the house which Lord Stormont had occupied. The teftimonies of Franklin's merit were conceived in the highest strain of panegyric. In the year 1777, Lord Chatham adverted, in a remarka le speech, to his dissuasive arguments against the war, and to the fagacious advice of the American New |