Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1843-08-05
MIS- C ELL A " GUS
TRIBUTE TO Mr.. LEGARE.
BY MIR. JuSTIcR STORY.

BY NH. JUSTICE STORY.
At his customary lecture on the Consti
tuition Of the United States, to the Stu
dents Of Dane Law College, on Thursda,
the 22d ult., Mr.. Justice Story made th
following remarks upon the character o
Mr. Legare. They were taken down b
a gentleman present, and are now pub
lished under the sanction Of the learne
Judge.
When | last met you, little anticipa
ted the calamitous event which has sine,
occurred, in the death Of distinguishes
man who expired in the city of Boston OF
Tuesday morning last. Whoever consd
ers the principles of the Constitution can
never forget him; for he was firm and
true 10 its doctrines, and exhibited that ell.
evated and comprehensive craftsmanship,
whichthe constitution demands Of Its real
friend. refer Of course, to Mr.. Legare,
the late Attorney General, with whom
had tho happiness 10 be intimately &C
quainted; whom knew not only as an
accomplished gentleman, but also as a
great lawyer. I.speakof him to you here,
not merely to pay deserved tribute to
worth; but because know Of no man
whom would sooner PROFOUND as an ex
ample, to young men entering the profess
sion which he has so much adorned. |
had indeed looked to him with great fond
ness of expectation. hadslooked to see
him accomplish what he was so we'll fitted
to DO, what know was the darling object
81 his pure ambilion--:o engraft the civil
upon the jurisprudence of this country,
and thereby to expand the Common Law
70 greater usefulness and a wider adapta-
ton to tho progress of society.
Mr.. Legare was native Of South Car
DINA and was graduated, understand, at
an early age, at Columbia College. He
proceeded soon after he left that insttu-
ton to Edinburg, where he devoted him
sell with great diligence and intensity OF
study, to general and classical literature.
tie then went to the Continent and persu-
ed the study Of the Civil Law with great
and success, and afterwards re-
turned toSouth Carolina to practice, and
became soon eminentat the bar of that
State.
IL is most singular circumstance, that
,minence in general literature should, in
he public mind, detract from mans re-
outation as lawyer. II is an unworthy
for certainly the science Of ju-
may borrow aid as we'll as
receive ornament from the cultivation OF
Ill the other branches of human know-
,dge. But the prejudice exists and yet
me would think that the public had wit
lessed SO many examples of men who
we're great scholars and great lawyers
likewise, that the prejudice might be at
his day disarmed of so much of its quail
ty as is apt TO do injustice to the reputa-
ion Of living men. Lord Mansfield was
/ most eminent scholar in general letters;
,ut he was also unsurpassed in jurispru-
lence. Sir William Blackstone was so
,legant scholar, tina; his Commentaries
ire mere modelsof pure English prose
,ut they are none the less the valuable
nine of the Laws Of England. Lord
st0well, the friend and Executor Of Dr.
was in various attainments ex-
,eeded by few; but his knowledge of gen
raj Jurisprudence was greater than that
# any man OF his day. Some OF the
,roudest names now on the English ben
hes are some OF England's best scholars.
But there as well as here--though certain
y il is far greater here-the public pre-
udice almost denies tc great scholar the
light to be eminent as jurist. DIR. John
on has said
And mark what ills the scholars life assail,
Toll, envy, want, the patron and the goal.
None Of these were tho evils Of our
riend. His only evil was, that his repu- I
alton as lawyer was sometimes under {
ated, because Of his general attainments' q
but nothing could be more unfounded
han this idea. He considered the Law as
lis pursuit; as his object, as the field of
lis ambition. Fifteen years ago knew I
i'm as an eminent lawyer. He after L
Yards went abroad in diplomatic capaci- Z
y; and, at Brussels, where he resided, II
evoted himself anew to the study of the b
'ivil Law, with view to make It sub Il
srvient to the great object of his life, the v
expansion of the Common Law, and the Q
,rcing into it the enlarged and liberal b
rinciples and just morality of the Ro- "
ian jurisprudence. This object he SEEM v
d about to accomplish; for his arguments g
sfore the Supreme Court were crowded fl
18th the principles of the Roman law
'rought into the texture Of the Common Il
'aw with great success. In every sens b
snce that | heard, | was struck with thisIit
Mon Of the two systems. At the same II
Ime, the whole was wrought in style W
eauhIul and chaste but never passing N
rom the line of argument, nor losing a.
Ight Of the cause His augmentation a