"not eloquent"-Patrick Henry tearing off his wig-Burke and She-

ridan-Gesture without action-Extracts illustrative of true eloquence

-Demosthenes-Cicero-Brutus-Mansfield-Chatham-Burke-Bin-

ney-Sergeant-Webster-Ingersoll-Difference, (showing the impor-

tance of action,) between great dramatic performers and the drivellers

or drones of the theatre-Moral courage-Deficiency in this respect

of Demosthenes and Cicero-Mansfield, Erskine, Pinckney, and others

-Every man has his weak hour-Instance of firmness of Erskine in

case of the Dean of St. Asaph-Great superiority of St. Paul-His

fearlessness and eloquence-Character compared with Demosthenes

and Cicero-Advantages of eloquence generally, and inculcation of

its necessity in the advancement, and enjoyment, and influence of

life.

CHAPTER II.,

212

REVIEW OF THE PRACTICE OF THE LAW BEFORE THE REVOLUTION;

AND JUDGES AND MEMBERS OF THE BAR-Difficulty of researches on

these points-Very simple state of jurisprudence in Penn's time-

Advocacy gratuitous-Most disputes settled by arbitration-Illustra-

tions-Associate Judges of Common Pleas not learned in the law

-Isaac Norris-Portrait of him-Small extent of judicial proceed-

ings up to 1731, as shown by records-Early records burnt by

county commissioners-A few saved-Examples of them-Great

change and improvement about the middle of last century, in the

colonial jurisprudence and society generally-Case of William v.

Till, in 1749, and pleadings-Account of the justices who tried it-

Thomas Lawrence, Joshua Maddox, Edward Shippen, and Benja-

min Franklin-All except Franklin, merchants-Judges in 1777—

Costume of the justices and bar, as shown in portraits of Mad-

dox and Andrew Hamilton-Beauty of the later provincial records-

Chief Justices of the Supreme Court-Logan, Robeson, Langhorne,

Kinsey, Allen-Puisnes-Coleman, Growden, Cowpland, Stedman,

Lawrence, Morton, Willing-Retrospective view-The court of vice-

admiralty-Its judges-Assheton, Read-Members of the provincial

bar-Services of the Historical Society of Pennsylvania as at present

organized-Trial of John Peter Zenger, at New York-Andrew Hamil-

ton-History of the liberty of the press in Pennsylvania; and herein of

William Bradford, the first printer in America south of New England—

Comes here with William Penn-Governour Blackwell-Penn's deputy

endeavours to suppress Bradford's press, and arrests him-Bradford's

defence Second attack on the press by the city magistracy-Brad-

ford's trial and final acquittal—Andrew Bradford-Hamilton at New

York in defence of Zenger-Account of the proceedings prior to his

arrival-His speech, and success-Obituary notice of him-List of

provincial judges and attorneys-general.

THE JUDICIARY-THEIR APPOINTMENTS-TENURES-SALARIES-Chief Jus-

tices before Mansfield's time-With few exceptions, unworthy of remem-

brance-Lord Coke's selfishness and cruelty-Entitled to rank with the

"Bloody Judges"-Conduct towards Bacon and Raleigh-Lord Mans-

field's opinion of it-Coke a great lawyer, but a bad man-His connec-

tion with the common law-Horror of the bar at an attack upon him—

General character of the judges before the time of Mansfield—Rivalling

Jeffries in infamy-Improvement within last century, in manners,

morals, and talents-Terms by which judges had appointments, and

their changes-Effect upon the judiciary-American Courts-Honest

and competent Their tenure of office-Difference between English and

American judges, and its causes-Constitution of Pennsylvania of 22nd

of February, 1838-Of the judiciary-Amendments, power of—Amend-

ments-Life appointments changed to terms for years-Appointments

became elective in 1850-Clause of good behavior and oath still re-

tained-Objections in convention to tenure for years-Unavailing—

Hope triumphs over experience-No complaints of result at present-

Best advocates do not make best judges, (Erskine, Brougham, Camp-

bell, Wilson, Ingersoll, Huston,) either in England or in this country-

Reason thereof assigned-Lord Campbell's doctrine on the subject-—

Are terms for years to be preferred to life appointments ?-Are elective

judges preferable to those by appointment?-Brief discussion of this

matter-Salaries of judges too low-Impropriety of annual appeals to

increase them, made by the bar-Indelicacy of the movement-Meet-

ings, committees, &c.-Objects-Toadies and supernumeraries-Sign-

ing petitions-All unfavorable to a dignified and impartial administra-

tion of justice-Judges should ask no favors and fear no frowns-

Apparent influence leads to suspicions and unjust slanders, by which

justice is sullied-Integrity and purity of our present judiciary-How

long are they to last ?-The polls, how made up-The crisis that must

arrive-Poverty of judges-Meagre salaries—The cure of the evils-

Continuance of present judges in office for life-Old judges and settled

laws-New judges and reform-Limitation of age-Its absurdity—

Marshall Kent-English judges-Retiring pensions-Enlargement of

salaries-Judges must live-Must be paid-Not paid with a maxim or

a proverb.

XV

CHAPTER IV.,

320

THOMAS M'KEAN, L.L.D.-Preliminary remarks-M'Kean one of the signers
of the Declaration of Independence-First Chief Justice of the Supreme
Court of Pennsylvania-Appointed on the 28th of July, 1777-Continued
until 1779-Elected governor-Succeeded as Chief Justice by Edward
Shippen a prior associate-Incidental notice of JUDGE SHIPPEN-Birth
-His parents-Sent to Middle Temple-Returns to Philadelphia-Ad-
mitted upon his certificate of "utter barrister" to practice in Supreme
Court of Pennsylvania—A man of learning and a safe judge-Upon the
bench, from 1791, until 1799, as an associate-Importance of legal educa-
tion at the Temple overrated, (note)—The judges of the time well
founded in legal principles and practice-Been clerks and protho-
notaries-Effect of general knowledge upon judicial character-A judge
expected to know everything-Chief Justice of King's Bench and Jack
Tar-Personal appearance of Judge Shippen-Resigns in 1805-Died
on 16th April, 1806-Portrait in Law Library-M'Kean-Birth-Of
Irish extraction-Parentage-Studies law with a maternal relative—
Admitted to practice in Supreme Court in 1757-formerly prothonotary,
&c.-Selected to revise the laws in 1762-Becomes Governor of Penn-
sylvania in 1789-Continues three terms-Always considered a sound
lawyer-A theoretic democrat, though somewhat aristocratic in prac-
tice Fondness for titles-An instance thereof-Ceremony in opening
his court-A man of inflexible honesty and undoubted ability-Strong
prejudices-Jealous of authority-Sternness on the bench-Indepen-
dence of the bar in his time-Governeur Morris-William Lewis-
Never wavered in his duty-Warrant for the arrest of Colonel Hooper
(for libel)-General Green writes to Chief Justice on the subject-Reply
and rebuke from M'Kean-Case of the Chevalier de Longchamps for
assault upon Marbois-Sentenced by M'Kean-Respublica v. Oswald,
(libel and attachment)-Statement of the origin and course of the
case—Lewis for the prosecution, Jonathan Dickenson Sergeant for de-
fendant-Decision and sentence by chief justice-Attempt to impeach
chief justice (note)—Style imitates Mansfield-Resembled Holt more—
Notice of Lord Mansfield's course after destruction of his library-Stan-
zas by Cowper-M'Kean summoned by sheriff as one of his posse-
Riot suppressed by him-Account doubtful from its resemblance to a
similar anecdote of Holt-Governor M'Kean applied to by a committee
opposed to Tilghman's appointment as chief justice-His deportment,
and refusal to comply with their demands-Conduct towards a com-
mittee requiring him to withdraw a veto-Deserved rebuke-Refuses
the address to remove Breckenridge-"May" sometimes means "wont” —

Cordiality at times-Appointment of Alderman Goodman-Created

Doctor of Laws by Nassau Hall (Princeton)-Member of Cincinnati-

Trustee of Pennsylvania University-Patron of other societies-First

marriage-Second marriage-Survives most of his children-Descrip-

tion of his person, dress, manners, &c.-Independence-Pride-Walking

emblem of Declaration of Independence-Marquis de Casa Yrujo-

Duke of Soto Major (note)-Genius-Education, &c.

CHAPTER V.,

350

BUSHROD WASHINGTON, L.l.d.—Notice of Justices Wilson, Iredell, Patter-

son, and Chase-Disposition of Chase-Trait of Leake-Case of Fries—

Gratitude to Luther Martin-Conduct towards Moses Levy-Death of

Judge Chase Washington, THE JUDGE-His great qualities-His literary

attainments-His appointment at the age of thirty-seven-Appointment

of Chief Justice Marshall-Death of Washington-Tablet to his me-

mory-Person and judicial deportment-Rebuke of the crier-His in-

dependence and impartiality-Zelin v. Snyder-Mr. Bellas examined

as a witness, the other witnesses having gone off-Difference between

Washington and Peters on subject of equity-Sinnickson's will, Tren-

ton-Conversation between Stockton and Washington-Don Vives—

Mr. Adams Supreme Court, U. S.-Chancellor Kent-Chief Justice

Marshall-Governor Desha and his son-Death-warrant or pardon-

Judge Washington's views on the subject-Tenderness towards his

wife Her accompanying upon his circuit in his own carriage-She

survived him but twenty-four hours-Resemblance to Mrs. Marshall,

wife of Chief Justice-Judge Marshall sacrifices to his wife's humor-

Bravery of Judge Washington-Equal to his uncle-Judge Hopkin-

son's eulogy-Case of the Atlantic-Dispute of the counsel-Rebuke of

the judge Strange occurrence in court-Alienation of mind-Judge

Washington's deportment-Trial of Lieutenant Hand, for assault upon

Russian minister-Don Onis subpoened-Jury find against judge's

charge in a civil case-Motion for a new trial-Granted at once-

Washington's manner of charging a jury-Never suspected of unfair-

ness-Indifference to the opinions of others when conscious of doing

right-Murray v. Dupont-Excellent definition of probable cause-

Case of United States v. General Bright and others-Statement of the

facts-Judge Washington's firmness and independence-The convic-

tion-Sentence.

379

CHAPTER VI.,

WILLIAM TILGHMAN, L.L.D.-Drawn chiefly from Mr. Binney's eulogy-Rea-
sons assigned-Difficulty of making extracts without impairing the work
-Like severing the Graces-Dr. Johnson's excuse for borrowing from
Goldsmith-Mr. Binney's eulogy nearly out of print-Nature of law—
How judges should be selected, and who should be avoided—Tilghman's
fitness-Recommended for imitation-Birth-Ancestors-Enters col-
lege His instructors-Takes his degree-Studies law with Mr. Chew—
Removes to Chestertown, where he pursues his legal studies-Becomes
a representative to the legislature of Maryland-Appointed Chief Judge
of Circuit Court-Short existence of the court-Appointed Presi-
dent of the Court of Common Pleas-Commission as Chief Justice of
Supreme Court-His industry and talents-Reports English statutes in
force with us-His influence with the bar-His moderation and mo-
desty-His opinions-Incorporation of equity with law-Their distinc-
tions-Penal law-Oyer and Terminer-His deportment and know-
ledge-Finished capital cases in one session-Pronounced sentence
with great pain-Resemblance to Sir Matthew Hale-His reverence for
Deity-Excellent temper-His character as a judge-Comparison with
other judges-Clearness of mind—His moral qualities-His early life—
In harmony with his latter years-Consistency between his judgments
and his life-His great delicacy and refinement-Benevolence-Death-
bed scene-The completion of his seventieth year-His memoranda-
Death-Description of his person-Portrait in Law Library.

H. H. Breckenridge, L.L.D.—Born in Scotland, 1748-Came to this country

at five years of age-Energy of character sprung from his difficulties-

Education-Teacher in Maryland-Enters Princeton College-Next

class to Luther Martin, Madison and Bradford-Graduates-Becomes

chaplain-Resigns-Becomes a student of Judge Chase-Admitted to

practice in 1780-Appointed Associate Judge of Supreme Court-His

economy-Death in 1816-A man of genius and an author-Modern

Chivalry and Law Miscellany-His eccentricities-Want of harmony

between him and Judge Yeates-Contrast between them-Habits of

Breckenridge on the bench-Cause of difference arising between asso-

ciates-Age, personal appearance, manners and dress-Judge Breck-

enridge on the circuit-Amusing nonsuit-Well deserved Ejectment be-

fore Judge Thomas Smith-The bribe of twenty joes-Riding naked

through a storm-His strange mode of bathing-Not deficient in firmness