The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-06-28

mor and deserved tribute TO the talents and virtue
| of the late Attorney General -
Mr.. LEeARE was born in Charleston, South Carolina,
in the year 1897 His early education and principles
formed under the and tuition Of the Rev Dr.
Waddell celebrated Scotch Divine whose good fortune
has been, have witnessed the value and importance
Of the sound lessons thus early ncucated exempned IN
stations by the most prominent and able men
of that State Alter having thus laid the ioundaton OF
his education and having imolpea a. .e puie uh;c
highly throughout his whole career he was al
med to Columbia College, where he graduated win the
first honor and the marked distinction at eighteen
years of age. Even at this early period OF his fe the
eyes class and college were turned upon him with
hone and expectation the first among the rising young
native State and destined to occupy an sleva
ted post in her and the National Councils Encour
aged and to realize these anxious wishes, and
ambitious for the service and of his country he
embarked for Ednburg to complete In the accomplished
schools oits University the higher attanments which
subsequently formed interesting and valuable part
his public history Having established envieble repu
taton Edinburg, beloved by ALL the companion OF the
made the of Europe perfectng himself in the mo-
| dern languages, storing away knowledge and expert
ence, and returned to Carolina ct the Of twenty-five
years, finished scholar and promising statesman. He
Immediately elected to the Legislature and continu
ed In that body without nterTapuOn un!i us %aeh
How well he filled these offices will be remembered
with pride and satisfaction by every Carolinian
1he statute book him OF its most unfading
pages and that he impaired dignity and character to
legal position already distinguished for the learning and
ability Of those who had filled it, will be admitted by all
familiar with rise and progress the eminent lawyers
OF the State, He invited by General Jackson, to
take the mission to Belgium. His diplomatic career
through four years was sgnazed with success, adding
by his fame and erudtion to the reputation OF his
country, and earning for HIMSELF through the polished
and refined circle of Europe character for phosophic
research and splendid requirement
Before retiring this rission he nominated by
the People of his native city as their Representative in
Congress- and elected by powerful vote Immediate
ly his return. Ofhis position in the National Councils
Committee OF Foreign Affairs, form essential part of
public history, and his efforts the floor Of the
House. in canyassing the great political questions Of the
"Reminiscences OF that Congress- From that period until
rendered in this Administration, he engaged in
professional pursuits involving issues the most intricate
and delicate which have been submitted to the juris
prudence of the country in all of which, without
exception, he failed sustain himself jurist
deeply and thoroughly skilled in all the principles
stake. He has gained Tor the Office of Attorney General
name which will shrink from comparison with any
like position in any other country His welschooled
habits of study seemed formed and adopted the phoso
ply of the law In the wars Of the giants" before the
Supreme Court he at home He lost not single
Such is brief glance at the history of him who is
numbered with the silent dead He patriotic in de-
vetion to his country friend to humanity, generous in
his impulses strong and afectonate in his attachments,
and manly consistent and honorable in every relation of
life.
AT his customary Lecture on the Constitution of
the United States, to the Students of Dane Law
College, on Thursday, the 22d instant, Mr.. Justice
Story made the following remarks upon the charac-
ter of Mr.. Legare. They were taken down by
ScutcIlau PIcScut, anu nave DCCu puUllSucu uuucI
the sanction of the learned Judge in the Boston DID,
verriser:- ~
When last met you little anticipated the caamitous
event. which since occurred in the death oil distin
gushed who expired in the city of Boston Tues.
day morning last Whoever considers the principles OF
the Constitution never forget him. for he was firm
and true to its doctrines and exhibited that elevated and
comprehensive craftsmanship which Constitution de.
mands its real friends. REFER of course, to Mr. Lee
care, the late Attorney General, with whom had the
happiness to be intimately acEuained whom knew not
Iv nmnIich at anti a
lawyer Ispeak of him to you here not merely to pay
deserved tribute his WORTH but because know OF no
young entering the profession which he has much
adorned had indeed lookel TO him with great fondness
of expectation. had looked to see him accomplish what
he well fitted to do, what know, was the darling
object Of his ambition to engrat the Civil Law upon
the @ OF TINS country o,s and
and wider adaptation to the progress OF society
1t is most singular circumstance that eminence in ge'
neral literature should the public mind, datract from
amans reputation lawyer 1t is an unworthy preju
Dice for certainly the science of jurisprudence may bor
row aid well receive ornament from the cultivation
Of all the other branches of human knowledge But the
prejudice exstsand yet would think that the public
had witnessed many examples of men who great
scholars great lawyers likewise thst the prejudice
might be at day dsarmed of much of its quality
apt do injustice to the reputation living men, Lord
Mansfield most eminent scholar in general letters
but he also unsurpassed in Jurisprudence Sir Wm
Blackstone was SO elegant a scholar that his Common
taries models OF pure English prose; but they
the less the mine OF the laws of England
Lord Sowel the friend and Executor Of DR.. johnson,
knowledge OF general Jurisprudence greater than that
of any OF his day. Some Of the proudest
lars. But there, well here-hough certainly it is
far greater here-he public prejudice almost denies
great scholar the right to be eminent urst. DR..
Johnson has said
And mark what ills the scholars life assail,
Toll, envy, want, the patron and the gaol.
None of these the evils of friend. His only
evil was, that his reputation lawyer sometimes
moderated because OF his great general But
nothing could be unounded than this idea. He
/ adprcd
| of his ambition Fifteen years ago, knew him as an
eminent LAWYER he afterwards went abroad in diplo
matte capacity and, at Brussels, where he resided de
voted himself to the study 1.-THE Civil Law, with
view to make subserven the great object of his life
the expansion Of the Common Law and the forcing into
the enlarged and liberal principles and just atty of
the Roman Jurisprudence. This object he seemed about
Court crowded with the principles of the Roman
law wrought into the texture of the Common Law with
great success In every sentence that heard ! was
time, the whole was wrought in style beautiful and
chaste but passing from the line Of the argument
nor losing sight of the cause His augmentation was
marked by the closest logic; at the same time he had
presence IN speaking which have never seen excelled
for he knew defamation beopg s neither the uris
| Tor to the scholar. 1t was only during the last
summer, that he wrote to me that he intended to
| translate Heineccuss Eements for he wished,
he said to entice the American Lawyer to the study
of the Civil Law. He added, that he had no
would undergo the labor as a homage to his country
knowing his qualifications for the task, advis.
ed MN 10 make the ana 10 notss OF
his own adapt the principles to the existing state
of the Common Law; telling him that he would thereby
confer benefit his country, which of the age
would be likely to exceed. A few years since he
published paper in the New York Review, on
the Origin History and Influence of Roman Legsa.
ton, aud 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 Law You, who have not heard him, cannot
Judge of his atainments in the Common Law but ].
who heard his arguments know that he devoted himself
| to the Common Law with wise perception of its de.
fects and purpose to ameorae them with the riches of
| the Civil Law; and may say of him, having seen his
mastery OF both systems Of urisprudenccthath he walked
with them riumphanty the one in enc hand, and the
other in the ether hand, in the path Of greatjurst
Athoug he might have had other places in the gift of
the 0overnmeHt-as have been told-yet he desired
only office ofAtorney General and he desired that
for the sake othe Law. When, therefore, the question
is asked he eminent as lawyer answer no man