Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-07-20


the English Benches are some Of Eng
lands best scholars. Dut there as well
as here though certainly it is far greater
here--ihe public prejudice almost denies
10 great scholar tho right to be eminent
as jurist. Dr. johnson has said
And mark whs, ~. the scholars life a..aii,
IoiI, envy, want the pntroD and the goal.
None Of these were the evils of our
friend. His only evil was, that his rep.
utation as a lawyer was sometimes un.
derrated, because Of his grent general
attainments. But nothing could be more
uniounded than this idea. lie consid-
cred the law as his pursuit as his oh.
ject ns The field Of his ambition. Fiji.
teen years ago, ] knew him ns an cmi-
nent lawyer. lie afterwards went abroad
in diplomatic capacity and at Brus.
sells, where he resided, devoted himself
anew TO The study of the Civil law, with
u view TO make il subservient to The great
object Of his life, the expansion Of the
Common Law, and the forcing into il
the enlarged and liberal principles and
jus, morality ofthe Roman jurisprudence
This object he seemed about TO accom-
plish for his arguments before the Su.
prcme Court were crowded with the
principles of the Roman law, wrough,
into the texture of the Common Law with
great success. In every sentence tina,
] heard, | was struck with this union Of
the two systems. AT the same time, the
whole was wrought in style beautiful
and chaste, but never passing from the
line OF the argument, nor losing sight OF
the cause His nsgnme nia,ion was
marked by the closest logic at the
same time he had n presence in speaking, ;,
which | have never seen excelled. He
had warm, rich style, but he had no
defamation for he knew that decla.
nation belongs neither to the Jurist nor
to the scholar.
II wns only during the last summer that
he wrote to me that he intended TO trans
late Heincccius's Elements for hr
wished, he said, 10 eniice the American
Lawyer 10 the study Of the Civil Law
lie added, that he had nothing to gain
by undertaking such work, but that he
would undergo the labor as homage to
his country. Knowing his eminen,
qualifications for tho task, ] advised him
1" make the translation, and to add TO il
notes OF his own, so rs to adapt the prin
ciples 10 the existing state Of the Common
Law telling him that he would thereby
confer benefit on his country, which no
man Of the age would be likely TO ex-
ceed.
A few years since, he published q
paper in the ~ Y Review, on the Ori.
gin, Hisiory and Influence Of the Roman
Legislature, and afterwards printed it
separately from the Review itself Who
ever reads that essay-and hope you
will all read twill perceive his vast al
tainmcnts in the Common Inv but ] :,
who beard his arguments, know that he
deyoted himself TO The Common Law
with wise perception Of its defects, and
purpose 10 umeliorute them with The
riches of the Civil Law and may say
of him, having seen his mastery OF both
systems of oflurisprudence-thai he walked
with them triumphan'y, the one in one
hand, and the other in the other hand, in
The path of great jurist
Although he might have had othe,
places in the gifts o, the Government
as have been told yet he desired on
ly the Office Of the Attorney General,
and he desired that for the sake OF the
Law w hen, therefore, the question is
asked, was lac eminent as II lawyer j
answer, no man more so. Do you ask
what was the secret Of his cmlnence :;
| answer, ii was diligence, profound
study, and Withholding his mind from the
political e%cilcments of The day.
To me-, his loss is irreparable. How
few do see around me, of severe stud
les in jurisprudence willing to doyote
their days and nights to the mastery and
Improvement OF II as "a great science
and looking for The fame that comes OF
deyo;ion like his. Such study is moi
famed by tie breath Unpopular applause,
and so it is rare. But in him it shone
most brilliantly. | pronounce him a.
great loss, as one Of the most valuable
lights Of jurisprudence that it has been
my happiness TO know my misfortune
to lose.
Ii was bu. day before yesterday-and
before ! had heard o! bis death, the news
of which met mo as | was going from
my own housa-ihat | had taken down
Cicero de Ciaris O,uioriLus, and had
turned TO the passage where he begins
CAS- was leaving Cilicia TO 90 toI
Rhodes, ] heard OF the death of Honen-
sius, the Srea, ltompn lawyer, so much
and so justly praised by Cicero; died,
as we are told, when his psciulpess had
been completed. How diIlerep, from
him, who has been taken from us, when
we bad just learned to appreciate his IN
es'imahle value to the jurisprudence OF
the country. To Cethegus, another ora
tor, Cicero applies the remark ol Ennius
Is d clus oils popuioribus oim,
Qm tum rireboni homines, oique qrum
ogi'oba"t, tlos dsliba;as popuE''
] say Of the Attorney General, NOT
deiboius popuh say of him, Flos de-
Ebaiw ju,;s +
As looked o little farther, ! came
upon the passage, which, ny q striking
coincidence, expressed what has since
beep 1eallzed 10 py own Eeolugs, a.