Page images
PDF
EPUB

an association for benevolent purposes, as well as with a view to consult together, and introduce such reformations as might be made in the practice of the law. At two of their anniversary meetings the learned and ingenious author of these Addresses, pronounced them in the presence of the Association, at whose request they are now published.

The solidity and good sense of Mr. Rawle's observations, deserve the attention of the professional student, as they form a striking contrast with the flippant remarks on the Common Law, which are so easy to make but so difficult to reduce into any beneficial operation. The reader will discern in these pages the judicious mind of a profound lawyer, acquainted with all the intricacies of practice, as well as familiar with the science of law in its most extensive ramifications. They contain the reflections of one who is anxious to reform, where it can be done with safety; but cautious not to destroy the plant in pruning its luxuriances. They are, however, of too technical a character, for the great mass of our readers; but the following sketches of some of those lawyers who were eminent in the days that are past, possess a local interest in Pennsylvania, which renders them highly attractive. There is a peculiar tone of benevolence in the following delineation of Mr. Rawle's former brethren of the bar

Quos olim meminisse juvat.

"We are not forbidden to explore the tomb, to bring from their ashes departed genius and spirit,-to serve as models for youthful imitation, and incentives to dignified and useful exertion.

"It is not without a trembling hand that I shall venture to recal to some and to present to others a few of those names of which I have a recollection, more or less perfect, but assisted by accessible sources of information.

"At the era of our Independence the bar of Philadelphia possessed among others a Wilson, a Sergeant, and a Lewis, an Ingersoll, an Edward Biddle, and a George Ross.

"Mr. Chew was one of the prominent characters of earlier times. In 1772 he was preferred to the bench. Perhaps no one exceeded him in an accurate knowledge of common law, or in the sound exposition of statutes-His solid judgment, tenacious memory, and persevering industry rendered him a safe and steady guide. At the bar his language was pertinent and correct, but seldom characterised by effusions of eloquence-his arguments were close and frequently methodised on the strict rules of logic-his object always seemed to be to produce conviction, not to obtain applause.

"But in those times the sphere of the lawyer was somewhat limited. In provincial courts no great questions of international law were discussed-no arguments on the construction of treaties-no comparisons of legislative powers with constitutional restrictions-even admiralty cases had little interest-every thing great and imposing was reserved for the mother country. Till the ebullitions produced by the stamp act,

political interests were local and confined. Pennsylvania was divided between two parties, that of the proprietaries and a considerable section of the people.

"Two lawyers, Galloway and Dickinson, took active parts in this controversy. Each published a speech which he had delivered in the legislative assembly; and it was remarkable that the introduction to each (one composed by Dr. Franklin, who co-operated with Galloway in opposing the proprietary interest, and the other by Dr. Smith, the coadjutor of Dickinson,) were at the time more admired than the principal compositions. Yet they were both men of talents.

"Of Galloway's manner I have no personal knowledge; from inspection of the dockets his practice appears to have been extensive. He adhered to the royal cause, and migrated to England, where, after exciting considerable public attention, by attacks on the conduct of Sir W. Howe in this country, he remained till his death.

"Very different were the opinions and conduct of Dickinson. At the commencement of our difficulties with Great Britain he displayed his powers with fervour and courage in defence of what he deemed his country's rights. Assuming the title of A Pennsylvania Farmer, he assailed with a due proportion of learning and an irresistible cogency of argument the unjust attempt of the British legislature to impose internal taxation on the colonies.

"These publications had the happiest effect. The resistance which seemed at first to be founded rather on natural impulse than deliberate research was clearly shown, not only to be meritorious in itself, but justifiable under the laws and constitution, by which all British subjects ought to be governed.

"Of Dickinson's manner of speaking I have some recollection-he possessed, I think, considerable fluency, with a sweetness of tone and agreeable modulation of voice, not well calculated however for a large audience. His law knowledge was respectable, though not remarkably extensive, for his attention was more directed to historical and political studies. In his defensive publications against the attacks of Valerius, in 1788, the man of taste will be gratified by a pure and elegant style, though the statesman must discover some political errors. Wholly engaged in public life, he left the bar soon after the commencement of the revolution.

"At this period a new band arose

"Occursus hominum, cujus prudentia monstrat,
"Summos posse viros, et magna exempla daturos,
"Vervecum in patriâ-nasci."

Juv. Sat. X. v. 48.

"They contributed with other instances to prove, notwithstanding the arrogance of European prediction, that America, even at the instant of putting on the toga virilis was equal to the duties of mature and accomplished man.

APRIL, 1824.-No. 264.

39

"I have already given some names, I will more particularly describe two or three others.

"Perhaps few of those now present can recollect Wilson in the splendour of his talents, and the fulness of his practice.

"Classically educated, and in the outset employed as a tutor in a public seminary, his subsequent success in a narrow circle of country courts, encouraged him to embark in the storm which after the departure of the British troops agitated the forum of Philadelphia.

"The adherents to the royal cause were the necessary subjects of prosecution, and popular prejudice seemed to bar the avenues of justice.

"But Wilson and Lewis, and George Ross, never shrunk from such contests, and if their efforts frequently failed, it was not from want of pains or fear of danger.

"Other questions of the highest moment also became the daily subjects of forensic discussion, questions for which previous study no doubt had qualified them, but with which no previous practice had familiarized them.

"In respect to them, Wilson soon became conspicuous. The views which he took, were luminous and comprehensive. His knowledge and information always appeared adequate to the highest subject, and justly administered to the particular aspect in which it was presented. His person and manner were dignified, his voice powerful, though not melodious, his cadences judiciously, though somewhat artificially regulated.

"His discourse was generally of a reasonable length; he did not affect conciseness nor minuteness, he struck at the great features of the case, and neither wearied his hearers by a verbose prolongation, nor disappointed them by an abrupt conclusion.

"But his manner was rather imposing than persuasive, his habitual effort seemed to be to subdue without conciliating, and the impression left was more like that of submission to a stern, than a humane conqueror.

"It must, however, be confessed, that Mr. Wilson on the bench, was not equal to Mr. Wilson at the bar, nor did his law lectures entirely meet the expectation that had been formed.

"The talents of George Ross were much above mediocrity. His manner was insinuating and persuasive, accompanied with a species of pleasantry and habitual good humour. His knowledge of the law was sufficient to obtain respect from the court, and his familiar manner secured the attention of the jury. But he was not industrious, and his career after the commencement of the revolution was short.

"The powers of Reed were of a higher order. His mind was perspicuous, his perceptions quick, his penetration great, his industry unremitted. Before the revolution he had a considerable share of the current practice. His manner of speaking was not, I think, pleasing; his reasoning, however, was well conducted, and seldom failed to bear upon the proper points of controversy. When he had the conclusion of a cause, he was formidable. I have heard an old practitioner say that

there was no one at the bar whom he so little liked to be behind him, as Joseph Reed.

[ocr errors]

Bradford was the youngest of those who flourished at this active and interesting period, and his history merits the attention of the younger part of my brethren, as indicating that however discouraging the prospect may be, one should never despair.

"I have understood that for three or four years after his admission he had scarcely a single client, his circumstances were so slender and his hopes so faint that he had at one time determined to relinquish the profession and go to sea, but his abilities, though known to few, were justly appreciated by Mr. Reed, then president of the Supreme Executive Council.

"On the resignation of Mr. Sergeant, in 1780, he was unexpectedly appointed attorney-general. At that time the office required no feeble hand. The executive administration was involved in the most serious responsibilities. The ability of his predecessor had been eminently useful to them. If Bradford had proved unequal to its duties, the appointment would havé covered both him and the administration with disgrace; if otherwise, it elevated him to. honour, while it highly promoted the political interests he belonged to-the latter was the result.

"Those of his brethren who had only noticed him as a mute and humble attendant on the courts, now watched his progress with political if not professional jealousy, and soon perceived with surprise the first displays of eloquence in a style not common, of knowledge not suspected, of judicious management not frequent in youth.

"He advanced with a rapid progress to an eminence of reputation which never was defaced by petty artifices of practice or ignoble associations of thought; his course was lofty as his mind was pure; his eloquence was of the best kind; his language was uniformly classical; his fancy frequently interwove some of those graceful ornaments which delight when they are not too frequent and do not interrupt the chain of argument.

"Yet his manner was not free from objections: I have witnessed in him what I have occasionally noticed in the public speeches of Charles Fox-a momentary hesitation for want of a particular word-a stopping and recalling part of a sentence for the purpose of amending it: nor was his voice powerful nor always varied by those modulations of which an experienced orator knows the utility.

"His temper was seldom ruffled and his speeches were generally marked by mildness. The only instance in which I remember much animation was in a branch of the case of Gerard vs. Basse and Soyer, which is not in print. The principal case is in 1 Dallas, 119; he was concerned for the unfortunate Soyer.

"At present I shall not proceed with these imperfect delineations. There yet remains enough to crowd the canvass of a future picture-and another pencil may perhaps do more justice to them.

FOR THE PORT FOLIO.

ROGERS' AMERICAN BIOGRAPHY.*

AMONG the minor literary works that have recently appeared, we know few that more justly merit attention than Mr. Rogers' American Biographical Dictionary, the second edition of which has been lately published. The object of the author has been to furnish an account of the departed heroes, sages, and statesmen of the Revolution; and the volume comprehends many interesting memoirs of distinguished Americans now deceased. Some of these lives are new: and all are well written. Biography, at all times an interesting class of literature, is peculiarly attractive to youth. At the first development of a boy's taste for reading, we see him eagerly seeking for the memoirs of famous persons, and devouring with avidity, the biographies of ancient and modern times;-such as those of Plutarch, and Johnson. What then can be more desirable than to provide for inquisitive youth some authentic account of the eminent men who have lived in their own country, and by whose examples their own conduct and sentiments, may best be regulated? For the use of our schools we are of opinion that few works are better adapted than that of Mr. Rogers. It contains not only spirited views of lives heretofore published, but some which. we believe are new. Among the latter are those of Laurens, Yates, Hawley, and several of the Clintons. The teachers of large schools might safely admit this work and recommend it to the perusal and study of their pupils.

FOR THE PORT FOLIO.

AGRICULTURE.

THE cultivation and improvement of the soil, has been so generally committed to the rudest and most illiterate of our race, that AGRICULture, as an art, has been kept in a state of abasement, and excluded from that station to which its importance eminently entitles it. They who laboured in the field were considered as mere implements for the purpose of raising bread-stuffs, as they are vulgarly denominated, in mercantile phraseology, and had imbued the art with the taint of their servitude; so that in an age when the gallant and accomplished knight dedicated himself to loyalty, devotion, and constancy, all that related to the delightful science of agri

A New American Biographical Dictionary; or Remembrancer of the departed heroes, sages, and statesmen of America. Confined exclusively to those who have signalized themselves in either capacity in the Revolutionary War, which obtained the Independence of their country. Second edition with important alterations and additions. Compiled by T. J. Rogers. Easton, Penn. 1823.

« PreviousContinue »