The Supreme Court of New Jersey. Supreme Court, and another was elected Governor of the State. Suits were brought for the recovery of damages for the destruc tion of the tea. Eminent counsel were em ployed on both sides, but the suits were never brought to trial. . The plaintiffs were non-residents, and security for costs was demanded, which was never furnished, and there was an end of the matter. ChiefJustice Smyth brought the matter to the at tention of the Grand Jury of Cumberland County at the next session of the court, and strongly urged the finding of indict ments. But the grand jury refused to listen, and ignored the bills, although they were sent a second time to their room. After the War of the Revolution was actu ally begun, Chief-Justice Smyth removed to Philadelphia, where he died. His associate judges were David Ogden and Richard Stockton, two of the most dis tinguished men who ever practised law in New Jersey. It is a fact which has perhaps escaped the attention of historians that some of the strongest and ablest men in the profession of the law became devoted loyalists. David Ogden was one of these, and he embraced the side of the King of England from pure convictions of duty, for he was an honest man, and his decisions for his own individ ual guidance were based upon what he deemed just and right. He was of a distinguished family which came to New England at an early date and removed from there to New Jersey. His fa ther was Josiah Ogden, who was for many years a member of the Legislature from Es sex County. His brother was Jacob Ogden, a physician who attained great eminence in his profession. David Ogden was born at Newark, very early in the eighteenth cen tury. He was educated at Yale, where he was matriculated in 1728. He then read law in New York, and after completing his studies began practice in Newark. He was not a daz zling nor a brilliant man; he could not even be called a genius, but he had better quali49
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fixations than those generally accompanying genius, to equip him for a lawyer's life. He was clear-headed, of uncommon good sense, and of an unfailing judgment. He added to these excellent aids to success in a legal pro fession, the most untiring industry, which was unsurpassed by any of his contempora ries at the bar. Very soon he was the ac knowledged leader of the profession in New Jersey. He received an appointment to the bench as associate justice in 1772. No man of his time was better equipped than he for the performance of the duties of this office. His never failing judgment, his inexhaustible stores of learning, his clear-sighted percep tion, his good, sound common-sense, and honesty of purpose were qualifications which admirably fitted him for the office of judge. But he could not have a fair opportunity of displaying his capability for the position. He was appointed in troublous times, at a period when it must have been apparent even to the most casual observer that the issue between the colonies and England must soon be submitted to the arbitrament of the sword. When the lawyers refused to purchase stamps, he united with them in their action; but he was a loyalist and an honest one. When hostilities actually be gan and it was not safe for him longer to remain in the place of his birth, he removed to New York and resided there during the war. His convictions of duty drove him to decided action, and he devoted all the ener gies of his strong nature to the success of the cause he honestly believed deserved to be successful. He never despaired until the last moment of its final triumph. He busied himself most industriously with his pen. Among his productions was one which pro vided for a plan for the government of the colonies after their submission, which, as he expressed it, " was certain and soon to hap pen, if proper measures were not neglected." His plan was quite complex, but it is some what amusing to notice that it embraced perfect self-government by the colonies through a parliament and officers chosen
