The Sun.
London, England, 1864-12-02 00:00:00

The Retirement of Lord Mackenzie,

The Journal of Jurisprudence, in its summary of the past
month, says:—" The retirement, on acoount of ill-health,
of a judge in the Court of Session while still in the vigorous
period of life, is a deplorable misfortune. In the case of
Lord Mackenzie, this disaster has fallen on one whose great
qualities as a lawyer had won the fullest professional con-
fidence. For more than a year past Lord Mackenzie was
manifestly labouring under illness of some kind. He found
himself inadequate to prolonged sittings on the bench, and
his great quickness of apprehension and tenacity of recol-
lection seemed to have become diminished ; yet his judg-
ments, although arrived at with much more labour, retained
to the last that accuracy and logical clearness which made
them pre- eminently stand the test of appeal to the Inner
House. Early in last summer session he yielded to the re-
presentations of anxious friends so far as to procure leave
of absence from those duties which had been the happiness
of his life, and to refrain from those kindred studies which
ho had pursued with only a too great devotion. But the
allottei period of leisure, although marked by occasional
hopeful rallies, closed without amendment; his lordship's
resignation was sent in; and we deeply regret to learn that
his strength is so reduced as to cause serious apprehene
slims for the result. Lord Mackenzie was admitted a
member of the bar in 1832; and after a brief tenure of the
office of Solicitor-General, he became a judge in January,
1855. As an advocate his abilities were such as to secure
immediate confidence—clear, accurate, industrious, and
ready. He was not less at home in a feudal question than
in a commercial litigation. He thoroughly understood all
the intricacies of the forms of process. He could equally
well address a jury or a judge. Asa speaker he was clear,
precise, and fluent ; with occasionally a fire and impetuosity
that seemed to dilate his small and slender frame. These
qualities, coupled with untiring industry, made him a most
valuable counsel ; and he was for years the favourite
junior of Lord Advocate Rutherfurd, both in pleading and
in consultation. That which will longest preserve the
name of Lord Mackenzie is his admirable book, the' Studies
in Roman Laws, with Comparative Views of the Laws of
France, England, and Scotland ;' a work now adopted as a
university text-book both in England and Scotland. Un-
like most epitomes—usu illy the hasty abstracts of one or
two larger works—Lord Mackenzie's book is the carefully
distilled product of immense labour and erudition ; the
simplicity of its language is the reflection of his o .vn clear
apprehension; and, joined with these qualities, its syste-
matic completeness somewhat disguised under a too modest
title, renders it the best introduction to general juris-
prudence, and has induced many who never before ven-
tured on a law-book to peruse it from end to end with profit
and unexpected pleasure. Sensible of the loss sustained
by the court from the illness and retirement of Lord
Mackenzie, we shall feel consoled, in common with his
lordship's many attached friends, if the leisure now obtained
bring with it an improvement in his health, and a prolon-
gation of his life. The profession loses an accurate, pains-
taking, and learned judge, who had that independence of
mind that would have made him an acquisition in the Inner
House. His friends lament the loss of one who had many
kindly and endearing qualities, and of whom all are proud,
as an example of what may be achieved by industry, hon-
ourable conduct, and talent, unaided by family or political
influence. The profession are naturally anxious to learn
who is to be appointed to fill the seat vacated by Lord
Mackenzie, but as yet nothing authentic has transpired ;
and we presume that, until her Majesty's consent is ob-
tained to any arrangement that may be in contemplation,
the matter will bo kept secret."

THE WRECK OF THE STEAMER STANLEY.—The
remains of six of the Aberdeen passengers, who
perished in the wreck of the Stanley on Thursday evening
last, have been removed to Aberdeen. They left Newcastle
on Tuesday morninG in the express train to Edinburgh.
They were each enclosed in a coffin and conveyed together
in one luggage van to their destination.

THE MASTAI FAMILY.—The present Pope is the
youngest of three living brothers, His eldest
brother, Count Gabriel, is 84 years of age, and the next,
Count Goetan, is 80 ; he has one sister, the Countess
Benigni, a vigorous old lady, 77 years of age. Count
Jerome, his father, died at four score and tour years; and
the Countess Catherine, his mother, at four score and two.
Finally, Count Hercules, his grandfather, lived to the
patriarchal age of four score and sixteen. Altogether, the
family of the Mastai is a numerous one. Count Gabriel has
two sons; the eldest, Count Louis, married to the Princess
del Drago; and Count Hercules, who married the niece of
Cardinal Cadolini. Count Goetan is a widower and has no
children, nor did Count Joseph. another brother, who died
a few years ego, leave any ; but his sisters have made
amends in this respect, and the Pope has no lack of nephews
and grand nephews,— Ono a yYeek.