Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1843-08-05

IWnlcn nave never seen eXcelled.-He ha
warm, rich style, but he had no decIama
ton; for he knew that defamation belong
ed neither to the iurist nor to the scholar.
1t was only during the last summer
: that he wrote to me that he intended /
translate Herneccius Elements; for h
wished, he said to entice the America
/, Lawyer to the, study Of the Civil Law
lie added that he had nothing to gain b,
undertaking such work, but that he would
undergo the labor as a homageWto hi
country. Knowing his eminent quaifca
tons for the task, advised him to max,
the translation, and to add to it notes o
his own, so as to adapt the principles t,
the existing state of the Common Law
telling him that he would thereby confe
a benefit on his country which no man o
the age would be likely to exceed.
few years since, he published pa
per in the New York Review, on the ORR
gin, History and Influence of Roman
Legislation, and afterwards printed it
separately from the Review itself. =
Whoever reads that essay--and hope
you will all read twill perceive his
vast attachments in the Civil aw. You,
who have not heard him, cannot Judge Of
his attainments in the Common Law: but
|, who heard his arguments know that he
devoted himself to the Common Law
with7a wise perception Of its defects, and
a purpose to ameliorate them with the
riches OF the Civil Law; and may say Of
him, having seen his mastery of both
systems OF jurisprudence--that he walk
ed with them triumphantly,; the one in
one hand, and the. other in the other
hand, in the path Of great jurist
Although he might have had other
places in the gift Of the Government--as
| have been told--yet he desired only
the office of Attorney General, and he de-
sired that for the sake of the Law
When, therefore, the question is asked
was he eminent as a lawyer? | answer;
no man more SO. Do you ask what was
the secret Of his emnence? | answer, i'll
was diligence, profound study, and with
holding his mind from the political ex-
elements Of the day.
TO me, his loss is irreparable. How
few do | see around me, of severe studies
in Jurisprudence; willing to devote their
lays and nights to the mastery and i'm
proyemen of it as a great science, and
looking Tor the fame that comes of de-
votlon like his. Such study is not famed
by the breath of popular applause, and
so it is rare. But in him it shone most
Ipranounce him great loss,
rs one ofthe most valuable lights of ju-
that it has been my happi-
ness to know, my misfortune to lose.
1t was but the day belorey yes terday--
and before | had heard Of his death, the
news of which met me as was going
from my own house that | had taken
down Cicero de CARTS Oratoribus, and
had turned to the passage where he be-
gins
GAS | was leaving Cilicia to 60 10
Rhodes, heard Of the death Of Horton
'ius" Hortensus, the great Roman law
yer, SO much and so justly praised by
Cicero, died, as we are told, when his
had been completed How
lifferent from him, who has been taken
row us, when we had just learned to APP
,reciate his inestimabIe value to the u-
'isprudence Of the country. To Cethe-
rus, another orator, Cicero applies the
emark of Eunius:
Is dietus oils popularibus ohm.
Qui tum Uicebaat homines atque aerunl
dgitabank
Flos delibatuS popuI.
say ofthe Attorney General, NOT de-
hiatus populi;I say of him, Flos deli6atUs
urls.
As | looked little father, came upon
he passage, which by striking coinci-
ence, expressed what has since been re-
.lized TO my own feelings, as the full in
luence of such life, life the only deep !,
amentation for which is, that he had SO
title time TO make himself fully apprecia-
ed by the whole Republic. ! give you
he English first, that may afterwards
i've you the more beautiful Latln.-
They therefore seem to me to have lived
9th fortunately and happily, not only :
a other states, but especially in ours, +
rho nave been permitted not merely to ;;
njoy authority and the renown OF action, :,
U. also to attain the praise Of wisdom; J
hose memory and reputation, in our gra- =
est and severest cares, have been truly
rateful; whenever in history we have
Illen apon them.
| dismiss the subject, with the remark. "
lot The Constitution has lost one Of its h
sst friends; the Supreme Court one Of h
S brightest ornaments; the country an tt
estimablc man whose independence, al
hose public virtue, whose rare endow- le
ents, and whose freedom from all the H
IT'S of popularity gave full assurance of 70
lite Of the highest value to the State.--l a