Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-06-24

Nearly quarter of century ago the legisla-
ture of New York enacted a law imposing a
capitatlon tax upon immigrants arriving from
Europe and landing at quarantine. question
was raised i'll regard to the constitutionality of
tins law, and the case was ultimately taken TO
the supreme court of the United States. Mr..
Seward made the argument on one side, and
John Van Buren, on the other. The trial at
tracted considerable interest, not so much from
the importance of the question involved as from
the reputation and political position of the OPP
posing counsel. Mr.. Seward was senator IN
congress, and the great whig leader of the state,
while Van Buren, was the most able orator and
most popular man on the democratic side They
were rivals at the bar, having then recently
been engaged in the trial of the negro murderer
Freeman, at Auburn, during which there had
been much sharp alteration between them. The
wings in congress warmly sympathized with
Seward, while the democrats were equally ac-
tive and Jealous in encouraging Van Buren,.
The arguments were elaborate and able, the re
sultng impression being that the senator was
more OF statesman than lawyer, but that Van
Buren, was one Of the most entertaining, impress
siye and effective advocates that had ever been
heard in the court. Judge fancy presided-one
oil the purest, most learned and able Judges that
ever sat on the bench He was the impers ona-
ton OF ones idea of the genius of jurisprudence.
He was shy, reserved in manner, ascetic in his
habits, gloomy, forbdding-looking man, re-
sembling monk Of the middle ages. But under
this cold and repulsive exterior there beat
warm, sympathetic heart. He was liberal man.
with no idea Of a Joke; was never satiricnl or
lronlcal, and detested pun or quip as much as
DR.. johnson. The day the argument was closed
Van Bnren contryed to fail in company with the
chief Justice in coming down the avenue from
the capitol. John had degree of GOODNESS and
sell-possession under all circumstances that
nothing ever disturbed. With an airy, iaunty
manner that would have been offensive in any
IA n AL n hIrN tpI. ha L..
tractlve, he addressed the aged jurist:-"l was
much fiattered Mr. Chief Justice, at the gra.
cious attention with which you listened to my
poor effort in behalf Of the suffering Immigrants
at quarantine" Mr.. fancy made a fitting re.
Spouse, and Van Buren, responded Ear be it
from Inc to say anything respecting the courts
decision" The judge started with deprecatiDg
gesture, as II he anticipated an lndiscretion on
the part OF the lawyer. 81 am quite aware of
the apparent lndelicacy OF saying anything that
should look like attempt to influence the acflon
OF the court" Here the chief justice gave dis
satisfied shrug Of the shoulders, intended as a
rebuke of what he regarded as an impertinence
But John was wholly unmoycd aud went on
with his remarks, as though he was saving the
most natural and appropriate thing imaginable
NOR would presume 10 intimate that an early
decision OF the case is Desirable" The Judge
opened his eyes in amaZement, and remained ST.
lent, But the truth is, your honor" continued
John, the poor devils at quarantine are perish
ing daily, and 1t is of the utmost importance
that they should learn whether they are dying
constitutonay."
Approaching John waggery at last, the chief
justice, much relieved gave way TO Il hearty
laugh, and the conversation came to an end.
John Van Buren, had ia him the making of
great lawyer and n statesman of commanding
power. He lacked nothing but industry and
Steadlness of purpose. Quick Of perception,
with me faculties, uncommon logical powers,
frua Mt. L.. a IA. 4
command The admirng attention OF his auditory
July G0ld1p.