The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-08-03

tgt AAA tuNftNN 10 NAfilNu me common AnN
. greater Usefulness and wider adaptation {,
The progress d society.
D. isa ncsi singular circumstance, that en-.
inenco IN general literature should, IN Tie pub.
lie mind, delrae, from a mans reputation as q
lawyer L Is an unworthy prejudice ior Ger.
tainly the science Of Jurisprudence may borrow
aid. as vel as receive ornament from the cult
walton d oil the other branches Of human
/ knowledge. But The 1reiudioe oxists-and
YET one would think that the public had viii.
messed 50 many examples of men who were
great scholars and great lawyers likwisc, that
ne prejudice might be Al this day disamed Of
50 much Of is quality, as is apt 10 do injustice
20 the reputation Of living mon. Lord Mans
held was most eminent scholar in general
letters; bat howas also unsurpassed in iurispfn-
dence Sir VIM. Blackstone was so elegant a
schnlar that his Commentaries arc models Of
Furs tnphsh prose; but they are none the less
zoe intaiuaole mine Of the lave If Rnoland.-
LORD Siowell, the friend ana Executor o. Do
| johnson, was in various attainments, exceeded
/ BY few; bat his knowledge Of general iorispru-
dence was greater than that Of any man Of his
! day. Some of the proudest names now on the
| English benches are some Of England's best
scholars But there as wei as here-though
certainly lis far greater here--the public pre-
JUDGE almost denies 10 great scholar the right
so be eminent as a jnrjst. Dr. Johnson has
ad-
And mark what De the scholars life assail,
Toll, envy, want, the patron and the goal.
None ofthese were the evils Of our friend. His
only evil was that his reputation as a lawyer
was sometimes moderated, because ofhis great
general attainments. But nothing could be
more uniounded than this idea. He consider
ed the Law as his pursuit; as his object; as the
field ofhis ambition. Fifteen years ago, / knew
him as an eminent lawyer; be afterwards went
abroad in a diplomatic capacity; and al Brus-
sells, where he resided, devoted himself anew
TO the study Of Civil Law, with ueR 10 make
it subservient to the great object ofhis Life, the
expansion Of the Common Law, and the forcing
into it the enlarged and liberal principles and
just morality Of the Roman Jurisprudence
This object he seemed about to accomplish; for
his arguments before the supreme Court were
crowded with the principles ofthe Roman law
wrought into the texture Of the Common Law
with great success. In every sentence that /
heard, | was struck with this union Of the two
systems.
At the same time, the whole was wrought in
style beautiful and ch1ste, but never passing
ffom the line Of the argument or losing sight Of
the cause, His augmentation was marked by
tho closest logic; At the same time he had a
presence m speaking which have never seen
excelled. lie bad warm. rich, style, but he
had no defamation; tor he knew thattdeclama.
ton belongs neither to the ju:ist nor the schol-
ar. Il was only during thelast summer, that
he wrote 10 me that he intended to translate
Hcineceius's Elements, for he wished, he said,
TO ontico the American Lawer to the study Of
the Civil Law. Ha added, that he had moth
ing 70 gain by undertaking such a work, but
that he wond undergo The labor &c an homa.so
70 his country. Knowing bic eMincdt quahii-
cations for the task, advised him to make the
translation, and 10 add 10 i notes OF hs own
so as to adapt the principles TO the existing
state Of the Common Law; telling him that be
would thereby confer benefit on his country
whichno man Of the age would be likely 10 ex-
coed. A few years since be published pa
per in tho N. York Review, on the Origin,
History and Influence Of Roman Legislation,
and afterwards printed It separately from the
Rev CIV itself Whoever roads that essay
and hope you viii all read twill perceive
his vast attainments in the Civil Law. You,
who have not heard cannot Judge olhs attain
menis ia the Common Law; hul !, who heard
his arguments, know that he devoted himself
10 The common Law with wise PERCEPTION Of
lis defects, and purpose 20 ameliorate them
with the riches Of the Civil Law; and ! may
say OF him, having seen bis mastery Of both
systems Of unspTulence--thath he walked with
them triumphantly. tho one IN one hand, and
tho other in the other band, in the path Of a
great iuriat. Although be might have bad
ether places in the gin of the Goyernment--as
have been told-ye. be desired only the Of
Zee Of Acknowledgement, and he desired that
FOR the sake Of the Law. When, therefore,
the question is asked, was be eminent as q law
yer | answer no man was more so. Do
you ask, what was the secret Of his emiuencel
| answer, it was diligence, profound study and
Withholding his mind from the political excite
ments of the day. To me his loss is irrepara-
bic. How few do I see around me, Of severe
studies in jurisprudence, willing to devote their
dUys aud nights 10 the mastery and improve
ment Of It as great science; and looking for The
fame that comes Of devotion like him. Such
study is not famed by the breath Of popular
applause and so il is rare But IN him 1t sh0ne
mast brilliantly. pronounce him great loss
as one Of The most valuable lights Of iurlspru-
deuce that it has been my happiness to know
my misfortune 10 lose.