I have merely glanced at him in his three several relations to
jurisprudence. Great in each, it is on this unprecedented combination
that his peculiar fame will be reared, as upon an immortal tripod. In
what I have written, I do not think I am biased by partialities of
private friendship. I have endeavored to regard him as posterity will
regard him, as all must regard him now who fully know him in his works.
Imagine for one moment the irreparable loss, if all that he has done
were blotted out forever. As I think of the incalculable facilities
afforded by his labors, I cannot but say with Racine, when speaking of
Descartes, "_Nous courons; mais, sans lui, nous ne marcherions pas._"
Besides, it is he who has inspired in many foreign bosoms, reluctant
to perceive good in our country, a sincere homage to the American
name. He has turned the stream refluent upon the ancient fountains
of Westminster Hall, and, stranger still, has forced the waters
above their sources, up the unaccustomed heights of countries alien
to the Common Law. It is he also who has directed, from the copious
well-springs of Roman Law, and from the fresher currents of modern
Continental Law, a pure and grateful stream to enrich and fertilize our
domestic jurisprudence. In his judgments, his books, and his teachings,
he drew always from other systems to illustrate the Common Law.
The mind naturally seeks to compare him with eminent jurists, servants
of Themis, who share with him the wide spaces of fame. In genius for
the law, in the exceeding usefulness of his career, in the blended
character of Judge and Author, he cannot yield to our time-honored
master, Lord Coke; in suavity of manner, and in silver-tongued
eloquence, he may compare with Lord Mansfield, while in depth,
accuracy, and variety of juridical learning he surpassed him far; if
he yields to Lord Stowell in elegance of diction, he exceeds even
his excellence in curious exploration of the foundations of that
jurisdiction which they administered in common, and in the development
of those great principles of public law whose just determination helps
to preserve the peace of nations; and even in the peculiar field
illustrated by the long career of Eldon, we find him a familiar worker,
with Eldon's profusion of learning, and without the perplexity of his
doubts. There are many who regard the judicial character of the late
Chief Justice Marshall as unapproachable. I revere his name, and have
read his judgments, which seem like "pure reason," with admiration and
gratitude; but I cannot disguise that even these noble memorials must
yield in juridical character, learning, acuteness, fervor, variety of
topics, as they are far inferior in amount, to those of our friend.
There is still spared to us a renowned judge, at this moment the
unquestioned living head of American jurisprudence, with no rival
near the throne,--Chancellor Kent,--whose judgments and works always
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