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VOL. IV.

RICHMOND, FEBRUARY, 1838.

No. II.

T. W. WHITE, Editor and Proprietor.

FIVE DOLLARS PER ANNUM.

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Horace.

to-day;" meaning Fluvanna county, then and yet DABNEY CARR.

familiarly called the State of Flu. “But,” said Carr,

“I have no business.” “Neither have I,” said Wirt. Quis desiderio sit pudor aut modus Tam chari capitis.

“But I have not any money,” said Carr. “ Nor have

1,” said Wirt; “ but by going there we shall get both. How often have I wished to possess that talent for I wont be denied: you must go." They went. On delineating the characters of eminent men which might the way Wirt was in “ a great gale ;" his spirits high, enable me to send down to posterity the portraits of his hopes buoyant, his gaiety of heart overflowing. the great and good with whom it has been my happy “Here,” said he, at last, "are we two poor county lot to be associated in the journey of life! How should court lawyers going to the State of Flu, without money I delight to accompany them with reminiscences of their and without business; but I foresee you will one day virtues and talents, of their racy wit and humor, and or other be Judge of the Court of Appeals ; and as for of the interesting scenes which they dignified by their me,” said he, laughing, “I shall not be content with presence or enlivened by their good fellowship! I less than the Presidency.” Strange vaticination !!~ should have a picture gallery that would attract the They went on ;-they got business and money; and gaze of every amateur ! And, oh! my dear, my ever fortune soon smiled upon their labors and their worth. lamented friend! what benignant countenance would Mr. Carr shortly after married his first cousin, and fix the admiration of the beholder more steadfastly soon extended his practice to Buckingham and Amherst, than thine ?

and afterwards to the Chancery Court at Staunton. At DABNEY Carr, the regretted subject of this notice, length, on the 26th March, 1811, he was appointed a was born at Spring Forest, in Goochland county, in Judge of the General Court by the Executive, but the May 1772. He was but three weeks old at the death appointment was not confirmed by the Legislature, of his father, and the care of himself and his brothers professedly because he was not at the time of appointand sisters devolved upon his widowed mother, the ment a resident of the Circuit; but principally, I be. sister of Thomas Jefferson. I had the pleasure of lieve, from the very great personal popularity of another knowing her. She was a lady of singular worth, and gentleman, who had for some time been a member of fulfilled with fidelity and sound judgment the duties the Legislature, and whose position thus gave him which were demanded of her by the numerous family great advantages over his opponent. Judge Carr kept left her by her husband. Her son Dabney went to aloof from the contest, and upon its unsuccessful terschool to Parson Murray, and in due season was sent mination prepared to return to the bar. Ulrinque pato Hampden Sidney College, where he was the fellow ratus might well have been his motto. The canvass howstudent of the present Judge Cabell, and of other in ever had brought into full view his great merits, and all teresting persons who have since played conspicuous became sensible of the injustice that had been done him. parts on the theatre of life. On his return home, he A desire to repair it, has always been supposed to have read law at Bearcastle, in Albemarle, which had been aided in that division of the Chancery Court at Staunthe old family mansion of his grandfather, I think; and ton by which the Winchester and Clarksburg Chancery afterwards at Dunlora, in the same county, adjoining Districts were created. Of these Districts he was apPennpark, the residence of Dr. Gilmer, whose daughter pointed Chancellor by the unanimous vote of the same Mr. Wirt had married, and with whom he lived. Here Legislature which had refused to confirm his first apcommenced that intimacy which continued unbroken pointment as Judge of the General Court. This was till sundered by death. They were constantly asso. on the 29th of January, 1812. The law was passed ciated, and cultivated together their taste for literature, the day before. with the aid of the fine libraries of Dr. Gilmer and Mr. Mr. Carr accordingly removed to Winchester in the Jefferson. Under the superintendence of the last of month of March succeeding his appointment. He was these gentlemen Mr. Carr's studies were conducted. received with the greatest cordiality into that excellent About the age of twenty-one, he obtained a license to society, with which he soon mingled in the most delightpractise the law, and settled in Charlottesville, the seat ful intercourse. His fine qualities made him the object of justice of Albemarle, lo which county he for some of universal esteem, and secured to him the entire time confined himself. The first occasion of his ex. devotion of those friends who formed the circle of his Lending his practice to another county occurred in the acquaintance. Never was there a more pleasant, following manner. I give the narration from the lips or a more hospitable and sociable little community. of one of his nearest connexions.

Let me solace myself by running over the names of Mr. Wirt one morning rode up to his little office, some of them. There were, Judge Holmes, Judge and addressing him by an appellation by which he White, Judge Carr, General Singleton, Daniel Lee, was known among his youthful friends, remarked, Frank Gilmer, Mr. Heterick, Dr. Macky, Dr. Conrad, "Well, Chevalier, I'm come to carry you to the State Col. Magill, Alfred H. Powell, Henry Tucker, Dr.

VOL. IV.-9

Balmain, Mr. Tidball, Mr. McGuire, General John|ble--from the pathos of “Highland Mary” and the Smith, Mr. Edward Smith, and other's not so well sentimental humor of “ John Anderson,” to the broadest known beyond the limits of the town, but not less specimens of Irish wit or Yankee notions. amiable or interesting. Among those I have mentioned, Judge Carr's tastes were eminently literary. He had the reader will recognise many names with which he formed them at an early day and upon the finest models is familiar. Alas! but one of the whole number sur- of English literature. The writers of the reign of Queen vives! Never was a society more completely swept Anne were decidedly his favorites, and the humor of away in a few years! And though the places of those Swift was exactly to his mind. He has obviously made I once knew and loved there, are filled by others both it his model in some of his essays, while in others of a interesting and intelligent, yet my aged heart cannot graver cast he seems to have formed himself upon the warm towards them as it did to my old companions, style of Addison. A specimen of his composition may who are now sleeping the sleep of death on the silent be seen in the Old Bachelor, under the signature of hills above the town, or have found their last resting Obadiah Squaretoes, while others are to be found only place in some distant spot.

in the public prints, which he sometimes adorned by Judge Carr entered upon the duties of his station effusions of a humorous or literary character, though he with the zeal and assiduity for which he was always never, I believe, entered upon the arena of politics. He so remarkable. His task was a laborious one, but he preferred the calm and philosophical pleasures of litealways accomplished it faithfully and honestly. He rary pursuits to the exciting and maddening topics of never cheated himself or the public with the false notion political controversy. He was intimately acquainted that he had done much when he had done but little with the Latin classics, in which he took great delight, He went through his business regularly, and never had but mainly, I think, in Cicero; for I heard him declare occasion to sigh forth the mortifying confession, “I but a few months before his death that he anxiously have left undone those things which I ought to have looked forward to the period when he might resign his done;" and if we may judge from the affirmances of public employments and indulge himself with a thohis decrees by the Court of Appeals, he was equally rough perusal of the works of Tully in the original. exempt from the imputation of having “done those Shakspeare he was devoted to. He knew his works things which he ought not to have done.” In his west- thoroughly, and repeated with the most scrupulous ern court he met with much put in requisition the accuracy most of the fine passages of that noble poet. steadfastness of his character ; and the felicity with He was as particular as the late Mr. Randolph about which he united to a determined and unshrinking dis- exactness in quotation, and was himself never detected charge of duty, a suavity of manner that excluded the in the slightest variation from his author. possibility of personal offence, is, through all that coun In February, 1824, Judge Carr was elected to supply try, to this day, the subject of remark and admiration. the vacancy on the bench of the Court of Appeals oc

But though faithful to his duties, Judge Carr found casioned by the death of the venerable Judge Fleming, ample time to devote to society, to general literature, In the volumes of our Reports from that date until his and to occasional composition. Conspicuous for his death in the winter of 1837, will be found the history liberal hospitality and for his love of cheerful society, he of his public life-the memorial of his public services delighted in the free and intimate intercourse which he the faithful record of his patient and untiring industry, found in the society of Winchester, and entered heartily and the enduring evidences of his powers of mind, his into the project of the “Frugal Fare Club,” suggested profound learning, and thorough acquaintance with the by Judge Holmes, for bringing together the congenial philosophy of his profession. Those volumes form for spirits of the circle one or two evenings in every week. him an imperishable monument. Nothing but the The members met in succession at each other's houses, incursion of a barbarian horde, the devastations of an and enjoyed most truly “the feast of reason and the Atlila or the conflagrations of an Omar can destroy it. flow of soul.” Politics were excluded by universal Precedents are the basis of our jurisprudence; and consent as the bane of good fellowship, and the absence unless that is subverted, unless there be a bouleversement of sumptuousness in the entertainment was always of all our institutions, these volumes must go down to compensated by intellectual pleasures. The conversa posterity and transmit to generations yet unborn the tion, sometimes grave and philosophical, and usually able opinions of Dabney Carr. They form indeed the literary and instructive, was nevertheless often gay and best chance of immortality both for bar and bench. It amusing, and interspersed with wit, anecdote and is some reward for their labors, that the good they do humor ; and even a favorite song would sometimes give will live after them, even if their evil be not “interred a fillip to the spirits of the company. “Give me, nymph, with their bones.” It is some solace to think that a my heart again,” and Burns's “Tam Glenn," were my century hence the learned will pore over the decrees of good friend's accustomed contributions to this part of Chancellor Wythe, the expanded views of Edmund the entertainment, and his soft and mellow tones seem Pendleton, the vigorous opinions of Spencer Roane, even now breathing on my ear,

and the profound investigations of Dabney Carr, as we “ My heart is a-breaking, dear Tilly,

look back to the judgments of old Hobart or the au. Some comfort then to me come len'."

thoritative institutes of the great Sir Edward Coke.

What an incentive to the faithful discharge of their Poor Singleton had but a single song in the world - important duties by judicial functionaries, to know “You are welcome to Paxton, Robin Adair”—but such that their names will be “familiar in the mouths of was its whimsicality, and such the indescribable and men as household words;" and that a faithful record unearthly tones in which he ultered it, that he rarely will pass down to the latest times, of their wisdom and failed to be encored. Holmes's stock was inexhausti- l of their weakness; of their profound and well reflected

judgments, and of their rash and ill considered reso. career with rapid strides, without his hat, imagined he lutions.

was deranged, and so reported, to the no small amuseOn turning to the Reports, we cannot but be struck ment of the good judge himself and of all his friends. with the fact, that in most of the cases, Judge Carr When he came to Richmond, he selected, with a view. delivers his own opinion at length, and all bear the to exercise, a residence more than a mile and a half stamp of the most careful preparation. It is impossible from the Capitol, so that he rarely walked less than that investigations, whether of law or fact, could have six, and often as much as ten miles in a day. This he been more thorough and searching than those of this did through all weather, never using his carriage, how. indefatigable man. He took minute notes of the argu- ever tempestuous it might be, and never missing a day ments at the bar. He then sifted the records to the in his attendance upon the court for any cause save bran. Not a word escaped him; not a fact eluded his sickness. In this too he was fortunate. He was rarely examination. Every particle of evidence was weighed away from indisposition; and even after his decline with the most scrupulous care. And when the facts was evident, his friends unavailingly urged him to were perfectly mastered, his researches into the law absent himself. His health was greatly impaired for were pursued with the same untiring zeal. Every three months before his death, yet he so persevered authority cited in argument, and many others which his that he lost but one week, and that week was the last own diligence brought to light, were critically scanned, of his life! Admirable-conscientious man!!! and most commonly reviewed. He was never content His deportment on the bench was characterized by with turning to the dictum of the judge alone; but he that modesty, and forbearance, and deference for the studied the facts of each case, and was thus enabled to opinions of others, which marked his conduct through understand more justly the application and the truth of life. He rarely interrupted the counsel, and when he the principles decided. In short, he slurred over noth- ventured to suggest a difficulty, he always did it in such ing. Painstaking exactness was conspicuous through- a manner as neither to embarrass or to damp their out all his actions, and particularly in the discharge of ardor, by the apprehension that they were addressing official duty; and lest he should fall into error, he very a prejudiced hearer. He was indeed not hasty in frequently transcribed the opinions of the court in the making up his opinions, or in yielding to the first sugcases cited at considerable length. Thus it was that gestions of his mind upon the argument of a case, though every new decision added new and valuable materials to when his judgment was once formed, it was inflexible. the ample stores of his well informed mind; and thus it It has been objected to the celebrated Pothier, that he was that he saw nothing “ through a glass darkly,” but suffered his mind to be too soon preoccupied in the that all his perceptions were clear, and all his know- trial of a cause. In the Eloge pronounced upon him in ledge accurate and profound.

the University of Orleans by M. La Trosne, the king's But such labors were too much for his strength. The advocate, we are told it was his custom to “express his faithful discharge of his judicial duties, together with opinion aloud” at the hearing of a case. “Scarcely had the time he devoted to other mental occupations, broke an advocate opened a cause before he became master of in upon his hours of repose. After finishing his records, it; he anticipated all the arguments of the respective he had still to keep up with the news of the day and parties, and had formed a judgment within himself the passing political occurrences, which he generally almost before the bar could perceive what was the mattook from the columns of the National Intelligencer; ter in dispute. He had afterwards only to observe the and after all this, I am inclined to think he rarely omit- manner in which the case was supported and defended. ted to bestow some portion of the night upon those if it was a cause of slight importance, he allowed his favorite fountains from which he had drawn the early mind to amuse itself with other subjects; if he exerlessons of wisdom and virtue, and imbibed the chas. cised his attention, he could scarcely avoid intimating tened principles of a correct and classical taste. The his concurrence or dissent by his gestures, or by a half consequence was, that during the eight months' session utterance, so that his opinion was known well enough of the courts, he allowed himself ordinarily but five previous to going to consultation. hours' sleep, rarely retiring till long after midnight, and “But he allowed himself much greater liberty when he always rising at the dawn of day. Residing nearly presided. The fondness for despatch, which is confestwo miles from the market, he nevertheless regularly sedly laudable, but which ought to be kept within attended it for the sake of the exercise, and his more proper limits, carried him away, and made him forget self-indulgent neighbors who lived in its vicinity would the patience that is proper for a judge, and is due to the often meet him returning from it as they were repairing parties. The party that fails in a contest ought not to to it. Exercise indeed he found essential to him, and have the opportunity of complaining that he has not no circumstances prevented his taking it. After a se- been heard." “ If the advocates wandered from the point vere attack of gravel, in Winchester, it had been urged in question, he was in haste to bring them back to it; upon him by Dr. Physic, in whose judgment he reposed but if they advanced an improper argument, or mainthe most unbounded confidence. Accordingly he regu- tained a false principle, he could not command his imlarly walked a certain number of miles every day, and patience, and interrupted them for the purpose of fixing when the weather was bad, he frequently resorted to them to the true principles and arguments of the cause. the spacious quadrangle of the market-house, under the audience sometimes degenerated into dissertations cover of which he walked a stated number of times, and a kind of conference. His friends sometimes often without his hat if the weather was warm, scoring remonstrated with him upon the subject, which he each successive circuit at the starting place. A person approved, but he was not master of his conduct.” who casually saw him thus coursing, and chalking These were not the faults of Judge Carr. His mind down his performance, and then recommencing his was not only candid and fair in entering upon a case,

but he preserved it as free from bias during the argu-, dison and Swift, of Pope and of Akenside, and how ment, as in the nature of the thing is possible. When many strong attachments from the scenes of the immor. that was over, he set his vigorous intellect to work, and tal Shakspeare! Horace and Cicero have been dead after forming his judgment, had little difficulty in re- | 2,000 years; yet still from the united perusal of these ducing it to paper : for he was a ready writer, and works, young friendships spring through the influence poured out his thoughts from a full mind. His style of that strong feeling, the sympathy of tastes. So was was pure and perspicuous, often strong and nervous, it with the friends of whom I speak. Their friendship and not unfrequently embellished by a figure, where it was cultivated through the medium of the same tastes, tended to illustrate his meaning, or to give force to his the same elevated principles, the same devoted love of expression. But otherwise, it was chaste and una- virtue and honorable distinction, and was cherished dorned, partaking of his own unpretending simplicity through life by the same influences, sustained and aug. and aversion to display.

mented by the warm and generous feelings of their own In the relations of private life, Judge Carr never had amiable hearts. a superior. His temper was the finest I ever knew. I shall not be guilty, I trust, of invading the sanctity His gentleness of manners, his unaffected modesty, his of the domestic circle, when I observe, that in the most perfectly respectful deportment to all, his warın and interesting of all our relations, the subject of these devoted feelings, his upright and conscientious princi- sketches was as remarkable, as in any other whatever. ples, his punctuality and exactness in all his dealings, There was something almost romantic, in his devotedhis liberal hospitality, his stainless honor, his unshrink-ness to one, who had from youth to age, travelled with ing firmness, won for him universal love, respect and him the journey of life; and who had merited by her esteem. He truly said, upon his death-bed, he left not gentle affections and unvarying solicitude for his happian enemy behind him; and oh, miracle of men! with ness, all the tenderness which belongs to so endearing his moderate revenues, he left not a creditor!! And yet, a connexion. They were indeed most happy in each with all his exactness, he had a heart of warm benevo- other, and in their children also. He left two daughters, lence, and a hand open as day to melting charity! Upon on whom his affectionate attentions were lavished with the whole, his character presented the most remarkable the peculiar tenderness which always distinguishes a union of the gentler and severer virtues, that I have father's feeling for his daughters. They were educated ever met with. At the head of them stood conscien- principally at home, and to his other labors was added TIOUSNESS, sustained and fortified by steadfastness the interesting task of instructing them in the French and CONSTANCY !

language, in which he was himself very well versed. The attachments of Dabney Carr were strong and In short, there was no duty for the exact performance abiding. He grappled his friends to him with hoops of of which he was not remarkable. He marked out for steel, and he could boast of such friends as were worthy himself a plan of life which he ever pursued with the of his fidelity : among them were William Wirt, John most scrupulous exactness. From it he indulged in no Coalter and William H. Cabell. They were as bro-deviation. With a gentleness of disposition and a softthers from their early manhood, and their friendship ness of manners without a parallel in our sex, he was grew while life was waning. Mr. Wirt was the ear. withal a man of the most determined and unshaken liest—the dearest of the ties. They had in youth been purpose that I have ever known. As was said of at the bar together, and a similarity of tastes had con- Fabricius, “It would have been as easy to turn the tributed to draw them to each other, and to bind them sun from his course, as him from the paths of duty and in an indissoluble friendship. This indeed is one of of honor.” Never was there a human being to whom the advantages of the cultivation of a taste for the clas- the beautiful and familiar lines of Horace more truly sics, both ancient and modern. They bring together applied : congenial spirits. They are a bond of union between

Justum ac tenacem propositi virum, ingenuous youth. They furnish a mirror in which we Non civium ardor prava jubentium may not only see ourselves, but one another. And

Non vultus instantis tyranni when we find the bosom of our young companion dilat

Mente qualit solida. ing with noble sentiments, and his eye glistening with

He was constant as the northern star, the exquisite sense of classical beauty, we feel at once

of whose true fixed and resting quality that we have met with one whose similarity of tastes

There is no fellow in the firmament. must bind him to us. Idem velle atque idem nolle, ea

Such was Dabney Carr! Those who knew him demum firma amicitia est. And if this be so with boon well, will bear testimony to the fidelity of this portrait

. companions in their gay pursuits, with sportsmen in Their own hearts will tell them that it has not a single the manly chase, and with soldiers marching shoulder exaggerated feature. Those who knew him not, may to shoulder to the field, why should it not be so with rest assured of its truth. And all will feel a deep those, who together walk with Socrates or Tully, who interest in the similarity of some of its traits to those together hold familiar converse with the mighty dead, of the immortal Newton, delineated in the following and in their sacred volumes read

passage, from the eloquent lips of Doctor Chalmers.

He speaks of that great man as “the throned prince of The songs of Grecian bards and records writ by fame

all the philosophers, in whom the gentleness and muFor Grecian heroes ?

desty of a childlike piety at once irradiated and softened

the lustre of his genius, moulding him into the goodliest How many an intimacy must have been formed over specimen of humanity which earth hath ever seen. the pages of Roman and Grecian story! how many a Never did meekness and genius combine to realize upon fast friendship has grown up out of the beauties of Ad-l the character of man so rare a union; so that while he

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stands forth to a wondering species upon the loftiest The mind of Judge Carr was clear, vigorous and accurate ; summits of an intellectual elevation, he yet mingled so

his style was pure, classical, and strong; his learning was ex.

lensive, well digested, and profound ; his acquirements in every genuy, so gracefully, in ordinary life, that he was not field of literature, considerable. With the ancient classics, and more honored for the surpassing lustre of his genius, the best writers of our own language, he was largely and intithan he was loved for the milder glories of his nature; mately acquainted ; and one of his greatest enjoyments was to and that, while raised almost above his species in the spend a leisure moment with his favorite Cicero, of whose

works he was eminently fond. With a mind thus stored, it was grandeur of philosophy, he yet exhibited among men

not wonderful that his society was the delight of his friends, the unpretending grace of a cottage patriarch."

and accordingly all who were fortunate enough to enjoy it, I shall conclude this imperfect sketch of the best of sought it with avidity. In his private relations, indeed, his life men, by the following obituary, which appeared in the was truly lovely; always urbane-never censorious; always public prints upon the occasion of his death, together benevolent-never stern; among the foremost in the liberal with the proceedings of the Court of Appeals in honor and as a husband, father and brother, never surpassed. In his

hospitality of a gentleman,-10 his friends, warm and devoted; of his menory; though I am well aware that the sen- last moments, all these gentle and amiable qualities beamed timents expressed in them are already embodied in the forth with conspicuous brightness. It was an affecting evidence preceding pages.

of his tenderness, that he desired that his last look might dwell on

the amiable partner, who for nearly forty years had shared his Departed this life, on Jan. 8, 1837, at his residence near this cares and his fortunes, and whose privilege it had been to enjoy, city, the Honorable Dabney Carr, one of the Judges of the for such a length of days, a happy union with one of the noblest Court of Appeals. The following hasty sketch of his life and of men. He met death with the fortitude and resignation which character have been submitted at our request, by a friend, ac. might well have been expected from such a inan in the evening companied by the expression of a hope that the portrait of the of a well spent lise. He ordered the curtains of his windows to fine and noble character of the deceased, will be carefully be withdrawn only a few hours before his death, (for he retain. drawn by some more able pencil.

ed his senses to the last,) and looking out upon the bright world Judge Carr was born in May 1772, about one month before that lay before him, he exclaimed, “Beautiful! beautiful! all the death of his father. He was brought up by his excellent is bright, and now I want to go up. But it is not fit that we mother, the sister of Mr. Jefferson, and at maturity commenced should be impatient at leaving so beautiful a world as this. We the practice of the law, in Albemarle, where he became distin. must wait our time"-and accordingly, though his last moments guished for his sound sense and professional ability, and emi. became more distressing and led him to wish repeatedly that nently remarkable for his diligence, punctuality and fidelity, the struggle was over, his patience and calmness never for a In 1811 he was promoted to the office of Chancellor of the Win: moment deserted him. chester district, which he held until the spring of 1924, when he

To such a man we may point the rising generation, and say was elected to fill the vacancy in the Court of Appeals created to them, in the language of his favorite poetby the death of the Hon. Wm. Fleming. Upon the adoption of

Respice eremplar pita morunque jubebo. the new Constitution, the seats of all the Judges having been vacated, and a new election taking place, he was re-elected to a seal on the bench of the newly organized Court, which he At a meeting of the surviving Judges of the Court of Appeals, adorned for more than twelve years by his eminent virtues, his the Members of the Bar, and the Officers of the Court, held at great learning, and his sound and judicious opinions. His assi. the Capitol, on Monday, the 9th day of January, 1837 : duity was without example-and the failure of his fine constitu On motion of Henry St. George Tucker, Esq. Francis T. tion is fairly set down to his uncommon labors. It has been Brooke, Esq. was called to the Chair. Sidney S. Baxter was his good fortune to have been rarely absent from his seat from appointed Secretary. indisposition, and even in his last illness, he has lost but one Benjamin W. Leigh, Esq. ar nounced the death of Dabney week of the term. The first that struck you on an acquaint. Carr, Esq., one of the Judges of the Court of Appeals, and ance with Judge Carr, was his native modesty, which a com. moved the following preamble and resolutions, which were merce with the world of sixty years, had never abated. In unanimously adopted : conversation you knew not which most to admire, the soundness The surviving Judges, the Members of the Bar, and the Offi. and purity of his opinions, or the deference-approaching even cers of the Court of Appeals, assembled on occasion of the to bumility, with which they were ever advanced. In argument, death of the Hon. Dabney Carr, have to express, not only their though cogent and earnest, he was never betrayed into a soph. sense of the public loss sustained in this afflicting dispensation ism, ont tempted to pass the boundaries marked out by forbear- of Providence, but deep and lasting regret peculiar to them. ance and moderation. His geotleness of disposition and suavity selves. In the judicial stations, first of Chancellor, and then of of manners, were on all occasions, conspicuous. They were Judge of this Court, which the deceased for so many years not coofined to his family or his brethren of the Bench, with filled and adorned, his learning and ability, his indefatigable whom his intercourse was delightfully harmonious. They won industry, and devotion to his official duties, the entire exemp. for him the regard even of strangers, upon his first introduction, cion from every passion that might warp the judgment; the while the substantial good qualities of his head and heart never ardent love and zeal for pure justice, and the perfect fairness of failed to rivet the affections which had at first been the result of mind which he brought to the decision of every cause, as well his engaging demeanor. The virtues indeed seemed to cluster as the integrity of his life, and the spotless purity of his morals around his character. In all his relations he was distinguished and conduct, were known to his country, and commanded uni. for truth, fidelity, and constancy; for firmness, and manly for versal respect, esteem and confidence. But to his brethren of titode ; for scrupulous honor, laudable prudence, exact punctu. the bench, to the members of the bar, and to the officers of the ality, and a faithful discharge of every duty. His plan of life Court, he was not only an object of respect, esteem and confi. was systematic and steadfastly pursuel, for it was formed upon dence- he was endeared to them by the gentler virtues he disupright and well reflected principles, which he adopted with played in the constant intercourse of business ; by the evenness the utmost care, and adhered to with unwavering tenacity. As and suavity of his temper, the amiable simplicity of his man. a pablic officer, filling the highest judicial stations in the State, ners, his unaffected modesty, his unassuming dignity, and above his untiring industry, his sedulous allention, his patient inves- all, his kindness of heart, flowing in one uninterrupted current Ligation, his steadfastness to principle, and his stern rebuke of for a series of years, and flowing to us all. He has not left an vice, were above all praise; and the virtues of his heart were enemy behind him; and among us, he has left those who mourn not more conspicuous, than the ability and learning which were him as a brother or a father. ever diaplayed in his judicial opinions. These form his monu. Resolred, That in testimony of respect to the memory of the meni-a monument more enduring than brass, more lasting deceased, the Judges, the Members of the Bar, and the Officers than marble. The volumes which contain his opinions, will go or the Court, will wear the usual badge of mourning for one down from generation to generation as the repositories of our month. jurisprudence, and posterity will find there an imperishable me That the Chairman and Secretary be requested to communi. morial of the greatness and the goodness of this admirable man. cate a copy of these proceedings to the widow and family of the

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