Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1835-06-18

When they were admitted to the
bar. both were successful. but after
different modes. Mansfield saw At \
single glance that the ordinary arts Of
success would not anvil him in con-
tending with the clear he.ied and
deeply learned lawyers who then
occupied the bar, and he marked
out new path for himself. He court
ed the graces Of oraiory, and sought 10
clothe the rugged sense Of the law with
the drapery OF eloquence. His fame
soon difused itself abroad: the ele-
gance Of his manner and his captiya-
ting eloquence were universally admir-
ed; and he has been heard to say that
he knew no interval between the want
of employment and the receipt Of three
thousand pounds a year. The young
American sought another equally sue
cessful road 20 fame and fortune. He
would seem to have studiously avoided
the paths which the genius Of Mansfield
had pursued. Instead Of cultivating
the graces Of oratory, il would be diff
cult to imagine speaker who treated
them with more profound contempt.
His action is bad; be uses his entire
night arm IN q see-saw manner, and
has emphatic gesture seems to consist
in nothing more than the elongation or
retraction Of his arm, and correspond
ing uDdulation Of his body. His
voice, for some years, has been very
low, and was probably, at no time, We
~ loud, and destitute of modulstion.
There were, however, no breaking off
IN his speeches. no hating places to
draw in stores To rival Eolus; his
speech is a continuous volume Of sound,
varying in emphasis apparently from
mere Difference To the motions Of his
body.
In speaking OF Lord Mansfield and
Judge Marshall, We have shown rather
wherein they were dissimilar than their
points Of resemblance. Both were
elevated 10 the bench at period when
their minds were in the highest state OF
improvement-Lord Mansfield in has
fifty-frst and Judge Marshall in his IF
ty-seventh year. Aud il may be OBJ.
served in Difference to the present rage
for coincidents, that Judge Marshall
was born in the same year in which
Lord Mansfield was made Judge
In contemplating the field now before
us-the peculiar influence OF each on
the judicial history of their country,
we can only regret that the subject can
not be examined with that freedom
which it demands without informing
ling deeply IN the discussion OF politi-
cal topics that have agitated the coun-
try since the adoption of the present
federal constitution. Let il be observ-
ed, however. that both presided at a
period when the passions of men were
warmly enlisted in their contests fol-
principle, and when il is impossible &c
please those who fail TO obtain de-
cision in unison with their own politi-
cal views. The merits of Mansfield
are recorded in history, and at this day
few hesitate in forming an estimate OF
has character. We cannot fail to ad.
mire the large and liberal geniss, which
instead Of being COMPOUNDED by thou
sand cases in which the file affords
not precedent straightway founded on
simple principle of ethics, a system
Of law as lasting as the English consti-
tuition itself, and far greater in impor.
lance than all the laws enacted during
his judgeship by the united Legislature
Of the British empire. When the
liberty Of the subject and prerogative Of
the King, however, came into collision,
the verdict Of an American will moi
be readily rendered in his behalf; DIS
conduct in the case of Wilkes will
not be soon forgotten, nor his ceIebra-
ted doctrines Of the law Of libel, which
were opposed with unusual abihty and
eloquence by Dunning and Lord Chat
ham, as well as the declination Of the
learned Judge of the generous chal-
lenge of Lord Camden TO discuss free
Iy, fully and fairly, those principles,
the preservation OF which is so essen
tial 10 the liberties Of EngIishmen.-
In the discussions Of the political ques-
tons Of thai period, party feeling large
ly entered, and if the judge met with
able and unyielding opponents. be
found friends who waged war under
his wing. aud fought nobly ia his de-
fence.
II will be considered a, some future
day. how Car il IS lawful for a Judge.
under the federal constitution, TO emu.
late the legislative fame, if we may use
such a phrase in the sense Of ia dieial
decision. which Lord Mansheld has
acquired. Candor. however. demands
the confession. ihsi che principles set
lied by Judge Msrshall in several cases
are liable, ia the estimation of many
eminent s'atesmen. ~ charge similar
in essence o. that which has been
successfully alleged against Lord Mans
field bot il should also be stated that,
until within few years past, the deci-
siors q the nudge seemed 10 have been