Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-10-09
THE NEW CABINET.
From the MadiSonian.

Judge Upsher is a distinguished Justice Of the
High Court Of Appeals Of his native State. He
was pupil Of the late Mr.. Writ, was for several
years engaged in extensive practice, and soon
rose to the first rank in his profession. As a we'll.
read lawyer, and an able advocate, he had no su.
perior, and few equals in his State He was for
several years distinguished member OF the House
Of Delegates, and took prominent and leading
part in the legislation of the times.
In the memorable Convention which assembled
at Richmond. in 1929, for the formation OF a
new Constitution for Virginia, Mr.. Upshur was a
prominent member In that Convention were
comprehended the leading statesmen of the Old
Dominion, including Madison. Monroe, John
Marshall, John Tyler, ]. and P. p. Barbour,
John Randol phi, Ben amin Watkins Leigh, and
others. James Monroe was President OF the Con.
vention, but becoming i'll before the close Of its
deliberations, Philip P. Barbour was chosen in
his place. All the naster.spirits OF Virginia
were there, and more able assembage OF wor.
thies was never convened in the Old Dominion. -
1t was on that occasion that the qualities Of Mr..
Upshur as statesman OF enlarged and compre.
hensive views were fully developed.
Amid the conflicting plans for the basis and out.
line Of Constitution, Mr.. Upshur had the dstin.
guished honor Of presenting the project, which was
finally adopted, and in consequence Of the pro-
found wisdom displayed in conceving the plan,
and the ability and eloquence e1erted in matu-
ring. illustrating, and urging it, to the satisfaction
of those present, Mr.. Madison, Mr.. Monroe, and
Mr.. Randolph united in the memorable declara
ton that he was the ablest member OF the Conven.
ton. Such compliment, coming from such
high authority, would not have been bestowed at
random, and could not have been a matter Of in.
difference 10 any one, even though he had emf
ed the highest honors OF the Constitution. But to
one Of Mr.. Upshur's age-then comparatively q
young man--it was a distinction worthy Of the
most elevated ambition, and calculated TO confer
lasting honor His efforts on that occasion, anc
the estimation in which they were held, gave
him rank among the most accomplished states
men Of the South.
In the character OF Judge, his official labor!
have been limited 10 the unobtrusve discharge o
judicial functions. The spotlesS ermine neve
rested on more pure and upright Judge. On thu
bench, he has redeemed the just expectations o
the people. by the learning, ability, imparay
and dignifed manner, ia which he has fulfilled
the duties Of his office. To talents Of the first
order,-to extensive and varied learning. ant
long experience, as lawyer and judge-as leg
isator and statesman OF enlarged views-he unite
industry and method in the application Of pow
eriul intellect to the details Of business. Few
men possess SO clear and comprehensive mind
coupled with the native eloquence, to enforce hi
conclusions on the minds OF others, and it wa
the remark OF distinguished Southern statesman
familiar with the character of both that he knew
OF no man in the Union better calculated thai
Judge Upshur, 10 compete with the gigantic in
tellect OF Daniel Webster, on any important sub
ject.
Judge Upshur is an accomplished gentleman
OF tho Virginia school, and in all the social reIS
lions OF public and private life, he is dignifed i
manners, conciliatory in department, and acce'
sibls to friends, TO neighbors, and to all others il
the common intercourse OF business.
On the lamented death Of the late Judge Ba
bour, Judge Upshur was spoken Of as his success
or, and it would have been in the highest degre
satisfactory to the people Of Virginia, TO have see
him translated to the vacant seat on the bench
the Supreme Court OF the United States. b
other counsels prevailed, and the Judiciary D.
par,ment of the nation was thus precluded iroI
the services OF one who was qualified to becoT
one OF its brightest ornaments. ..e
IL has been said that Judge Upshur never h'
been in Congress, and is not extensively know
beyond the limits OF the Old Dominion This
but negative objection, and is consistent vii
the highest personal merits A similar objectlo
was made a few months ago to Mr.. Badger, an
when he was nominated by Gen. Harrison, as 5
eIetary OF the Navy, he was but little known Of
al North Carolina and VIZ heard the gusf,io