fore felt in that trial, as it involved, to a considerable extent, the whole question of the invasion of Canada and the destruction of the steamer" Caroline." An extract from the Jeffersonian, will show how his labors were appreciated in that quarter. After stating that from the late disturbances on the frontier a great deal of interest was attached to the proceedings of the term, it goes on to say: "The charge of Judge Cushman to the Grand Jury, was one of the best ever made in this Court House. In the first place, as the statute requires, his Honor explained in a very clear and distinct manner the duties devolving upon them that they were to know no man in the discharge of their duties, which were, the preservation of the public peace, the maintenance of the law and the consequent security of life, liberty and property. He apprised the Grand Inquest that they were a part of the system and machinery of our government, that they had been specially selected for intelligence, moral worth, and for their just discrimination of the relative duties of society. He stated that the superstructure of our national institutions rested upon the intelligence of the people, their abhorrence of crime, and their willingness to obey the laws of their own creation. The ballot-box and the jury-box, said his Honor, are the great checks and correctives of our social system. "Through the former, the framers of our laws are selected, and through the latter, the violators of those laws are brought to justice. Our government is a government of experiment. The great question is now being tried is man capable of self-government? The Americans, as a nation and people, had adopted the affirmative, and were demonstrating the sincerity of their belief to the world. "It was conceded by all intelligent men that a republican system of government was most beautiful in theory, but the great question was, will it afford adequate protection to all, indiscriminately? Will it resist the trials it must encounter in the changing vicissitudes of the social state? "No one would object to the wholesome restraints of the law, so long as these conflict not with his pursuits, passions or predilections. But would the majority of the laws be properly respected during popular excitement? The opponents of self-government said not; and if their assertions should prove correct, if the laws afforded no protection to life and property, then, as a consequence, a preference would be given by many to the other extreme-despotism. In the ordinary course of events, it was easy to obtain redress of grievances, to yield obedience to the laws. If our law-makers proved themselves incompetent or unfaithful, redress was to be had through the ballot-box. By the silent but effectual operation of that part of our system, rulers and lawmakers and the laws of the land might be changed, and would be, if offensive, and the electors were intelligent and virtuous. But then laws were designed and made to protect all equally — to restrain undue excitement, and generally to promote the prosperity and happiness of a country. The Grand Jury were bound as much by their duties as citizens, as by their oaths, to inquire into and present all infractions of the laws. It was their duty, as a branch of our system of government, to see that the principles of the Constitution were properly regarded. Owing to particular circumstances, the Grand Jury of the county of Jefferson occupied a distinguished position. The eyes of the people of this State, of the Union, and of other Nations, were now upon them, and it was expected that they would fearlessly and faithfully discharge their important duties. It was expected and believed that they would evidence to the world that we, as a people and nation, were governed by laws, that these should not be violated with impunity, and that there was enough of public virtue and general intelligence to resist the influence of popular excitement, and to act justly, wisely, firmly and legally in all the important affairs of life. "His Honor apprised the Grand Jury that no inconsiderable degree of excitement prevailed along the frontier, in consequence of recent important events. He had no doubt, however, that they would so discharge their duties as to secure the approbation of their own consciences, their country and the world. He expressed his conviction that nothing would be left undone, which could be done, to promote the public tranquillity and to carry out the fundamental principles of the government." We do not pretend, adds the writer, to give the precise language of Judge Cushman, but the sentiments merely. We feel incompetent to do him justice, but we cannot forego the opportunity of expressing our warm admiration of the dignified, impressive manner in which he delivered the charge, the soundness of his views, the force and cogency of his reasoning.1 1 Notwithstanding, the Attorney General, the Hon. S. Beardsley, closed the pleadings with an argument of great power and ability, and the Judge charged the Jury in an address of 211⁄2 hours, in vindication of the outraged laws, the Jury brought in a verdict of not guilty, to the great dissatisfaction, though not altogether to the surprise, of the community. It was correctly said that no jury could be empanelled who would find the prisoner guilty in the cases relating to the Canadian invasion, so strong was the excitement against the British Government in consequence of the destruction of the steamer Caroline. One of the culprits, on that occasion, was heard to declare that if sentenced to the State Prison, he would certainly take the life of the Judge, when liberated, if not before; and some of his friends were not without apprehensions that a man of such violent passions would execute his threat. When acquainted with the circumstance, the Judge calmly observed that he must do his duty, regardless of consequences. The man was convicted and sentenced to the State Prison for a term of years. His patience in hearing both sides of an argument, however prolix, was most exemplary; and such was his well known impartiality and integrity, that his decisions always commanded respect. In some instances, where the causes about to be tried involved, in some degree, his personal interests, and he consequently wished another to take his place on the bench, he has been desired to remain there by the parties whose interests were adverse to his, on the ground that his integrity was above suspicion. A more satisfactory testimony to incorrupt principle is rarely found. Few men in any occupation spent more hours in daily labor than he was accustomed to devote to his professional avocations; and so thorough was the discipline of his mind, that subjects of the most varied and diverse character would successively, and with great rapidity, engross his attention, without in the slightest degree intermingling or obtruding upon each other. His influence over the minds of men, was such as very few possess. It was a power which talent, energy and decision of character alone are able to command. In friendship he was strong, confiding and devoted. Only those who knew him well could appreciate the ardent and selfsacrificing character it often assumed, and never was it so conspicuous as when others had deserted the sufferer and counsel and encouragement were truly needed. There are some now living by whose side he stood with fearless intrepidity when sunshine and friends had deserted them, and calumny and persecution were threatening their ruin. - In all his views he was eminently practical, imagination usually occupying a subordinate place—although so vivid at times as to give his conceptions the semblance of reality; yet a nice perception of beauty, symmetry and proportion was highly developed. Few improvements bearing upon the general welfare of the city of his residence have been undertaken without receiving his efficient support, and much of his labor was expended in projects for extending and beautifying it. His hospitality was limited only by the capacity of his dwelling, and the prophet's chamber, as he delighted to call it, was sometimes for successive months the home of clergymen and their families. In regard to his public speeches, lectures, &c., we can only say that they were numerous and very acceptable. But they were not preserved, and no extracts can, therefore, be given. His speech in Congress on Internal Improvement, his friends think, was printed at the time of its delivery; but no copy of it has been found. His lecture before the Young Men's Association of Troy, was from notes so brief as to be unavailable for the purpose of extracts. With the exception of some 4th of July orations, written in very early life, he has never preserved a page of any speech or lecture delivered by him. This is now much regretted, for without them we cannot do justice to his literary labors and abilities. Until the autumn of 1847, his varied labors continued without intermission. In November of that year, an attack of paralysis affected, for a few weeks, his physical powers. It was not so violent as to prevent his giving a calm and intelligent account of the seizure (which occurred while walking out) to his family, on his return, nor did it render him incapable of ascending the stairs to his own room, with a little assistance. After the confinement of a week his recovery was so rapid, that he, in common with his friends and physician, anticipated an entire restoration to health. But insidious disease was slowly yet surely undermining his vigorous constitution, and the approach of warm weather brought languor and debility. A gradual failure of physical strength, which medical skill had no power to arrest, terminated his life on the 16th of Sept. 1848. The consolations of that religion he had so loved and honored in health, were his on his bed of languishing; and the deep tenderness breathed forth for his suffering family, in the last intelligible words that fell from his lips, afforded one more affecting proof of the strong, undying, domestic affection that had pervaded a whole life of activity. Every testimony of respect for his memory that the Court, the Bar and the bereaved Church could present, was promptly accorded; nor has the lapse of a few years effaced from the recollection of his friends the rare combination of moral, intellectual and physical endowments that enabled him, with powers that seemed incapable of exhaustion, to labor so successfully for the happiness and best interests of society. The following from the newspapers of that day, shows the estimation in which he was held by the profession of which he was a member: "DEATH OF JUDGE CUSHMAN.-The Hon. John P. Cushman of Troy, died on Saturday afternoon, in the 65th year of his age. "Judge Cushman established himself in the practice of the law at Troy, about forty years ago, since which time he has been closely identified with all the interests and enterprises, whether of a business, political, literary, or religious character, of that city. He was a member of Congress in 1816, and succeeded the late Judge Vanderpoel as Judge of the Third District, in which office he was succeeded by Judge Parker, upon arriving at the age of 60. 66 Judge Cushman was a man of decided talent. He was honest and independent in the discharge of his public duties; upright in all his private dealings; and virtuous and amiable in all his social relations." "SUPREME COURT-Death of Judge Cushman.-After the opening of the Supreme Court this morning, Mr. J. A. Collier announced to the Court the death of Mr. John P. Cushman, late Judge of this district. After alluding to his judicial character, his patience, his industry, his strict integrity, his high legal attainments, and his sterling virtues and worth as a judge, he alluded, in appropriate terms, to his most exemplary character as a citizen. "Mr. Collier added for himself that he had known him intimately from early life; that he was a classmate in college, and a fellow student at the law school of Judge Reese and Gould at Litchfield, and that they had always since maintained intimate and friendly relations, and that no one could bear more willing testimony to his private worth and virtue. His character as a |