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

| try' and thereby to expand the Common La
e p greater usefulness and wider adaptation
9 the progress Of society.
II IS most singular circumstance. that en-
n inence IN general literature should. intbe pul
2 | nc mind, detract from mans reputation as
d lawyer. 1t is an unworthy prejudice for Gel
2 fanny the science OF Jurisprudence may borrov
AID, as ven as receive ornament from the cult
Vaton OF all the other branches of human
. knowledge. But the prejudice exists-an
yet one would think that the public had wit
! | messed so many examples of men who wer,
great scholars and great lawyers l,kwisc, tina
the prejudice might be at this dag disarrned O
SO much of its quality. as is apt 10 do injustice
TO the reputation of living men. Lord Mans
neid was most eminent scholar in genera
letters; but hewas also unsurpassed in iurispru
! dence. Sir VIM. Blackstone was SO elegant 2
scholar that his Commentaries are models O
pure English prose; but they are none the less
the invaluable mine of the laws of England
Lord StoweIl, the friend and Executor of De
Johnson. was in various attainments, exceeded
bDy few; but his knowledge Of general iurispru-
dence was greater than that of any man of his
day. Some of the proudeAt names now on the
| English benches are some of England's best
scholars But there as well as here-though
certainly it is far greater here-the public pre-
IJudlce almost denies to great scholar the right
SO be eminent as jnrist. DR.. Johnson has
! raid-
And mark what lis the scholars life assail,
| ToIl' envy, want, the patron and the goal.
/ None of these were the evils of our friend. His
| only evil was. that his reputation as LAWYER
/ was sometimes moderated, because of his great
general attainments. But nothing could be
more unfounded 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; he afterwards went
abroad in diplomatic capacity; and at Brus-
sells, where he resided, devoted himself anew
to the study of Civil Law, with we 10 make
it subservient to the great object of his life, the
expansion ofthe 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 chaste, but never passing
ffom the line of the argument or 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
exceled. He had a warm. rich, style, but he |
had no defamation; tor he knew that,declama- |
ton belongs neither to the juist nor the sChol-
ar. 1t was only during thelast summer, that |
he wrote 10 me that he intended to translate |
Heineceius's Elemensss for he wished, he said, |
TO entice the American Lawer to the study of /
the Civil Law. He added, that he had moth |
IN NV fab b,,tI
that ne would undergo tho labor homage |
to his country. Knowing his eminent quaiiii- |
cations for the task, advised him to make the |
translation, and 10 add to it notes of his own |
so as to adapt the principles to 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-
coed. A few years since he published a pa
per in the N. York Review, on the Orig in,
History and Influence of Roman Legislation,
and fterwards printed it separately from the
Rev ew itself. Whoever reads that essay
and | hope you will all read twill perceive
his vast attainments in the Civil Law. You,
who have not heard cannot Judge of his attain
ments in the Common Law; but |, who heard |
his arguments, know that he devoted himself
to the common Law with a wise PERCEPTION OF
its defects, and purpose to amehorate them
with the riches of tie Civil Law; and I may
say of him, having seen his mastery of both
systems of iurlsprudence-tha he walked with |
them trumphantly. the one in one han d, and /
the other in the other hand. in the path Off
great jurist. Although he might have had
other places in the gift of the Government-as
| have been told-yet he desired only the Of
fee of ACKNOWLEDGEMENT and he desired that
for the sake of the Law. When, therefore,
the question is asked, was he eminent as law
yer! | answer no man was more so. DO
you ask, what was the secret of his eminence!
| answer, it was diligence, profound study, and
Withholding his mind from the political excite
nents of the day. To me his loss is irrepara-
BILE. How few do see around me, of severe
studies in jurisprudence, willing to devote their
deys and nights TO The mastery and improve
nlent 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 it is rare. But in him it shone |
mast brilliantly. pronounce him great loss
as one of the most valuable lights of JurIspru-
deuce that it has been my happiness to know; |
my misfortune to lose.