Livingston, died, and if we may judge from the correspondence between them for a period of thirty years, he lost one whom he reverenced as a parent and who esteemed him with affection and pride as an elder and accomplished son.

For about five years Judge Duane continued to execute the duties of his last office earnestly endeavouring to fulfil the. wishes of Wasutneron, and the still higher object of satisfying his enlightened conscience. Most» of the questions that came before him he was familiar with, so that this office was less: burthensome to him than any he had held for many years. He was fond of riding on horseback, and had no doubt, preserved his health by continuing the practice to a late period of his life.

1082 MEMOIR OF THE

But forty years labor had so affected his health, as to induce a resolution on his part, to resign and retire to Duanesburgh, where his only son and one of his daughters resided. Accordingly, on the 10th of March, 1794, he addressed a letter to the President, announcing his wishes, and urging the appointment of a successor by the middle of April. The President answered in a kind letter dated 23d March, and on the 8th April, as soon as the business of the court permitted, he transmitted his resignation in due form, and retired finally from a long and honorable public life. After consultation with J udge Wilson, of the Supreme Court of the United States as to the form of relinquish- » ing the office; it was thought most proper to do it by an instrument under his hand and seal. Such an one was drawn, in which after reciting "the Letters Patent," by which he wag authorized to hold the office during good behaviour, he did "by these presents freely and voluntarily and absolutely resign, "Yelinguish and surrender the said office of J udge of the New- "York District, with all the. powers, privileges and emoluments "to the same appertaining." This was sealed, signed, witnessed by two witnesses, and ackowledged in due form, before Judge Wilson.