Page:The Green Bag (1889–1914), Volume 07.pdf/184

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Chancellor James Kent.

157

were sixteen professed applicants, all disap to me to be the true situation for the display pointed." of my knowledge, talents, and virtue, the At the time of this appointment there was happy mean of placing me beyond the but one other master in New York, and the crowd and pestilence of the city, of giving new appointee soon enjoyed a monopoly of me opportunities to travel and to pursue the business, the duties of which were tiring literary pursuits, a taste for which is, after but remunerative. all, the most solid and permanent of all sub He was elected a member of the Assem lunary enjoyments. By the acceptance of bly from New York in the spring of 1796, this office I renounced all my offices in New and was now known as a prominent man. York, with all their accumulated income and The office of Master in Chancery alone all my prospects for wealth, for more rural brought in almost enough to support him enjoyments and for more dignified reputa adequately, but a year only had elapsed tion. when he read in the papers that he had been "Whether or not I judged well for my hap appointed recorder of the city of New York. piness must be left to the event to decide. It was his first judicial office, and he . . . This is certain, that the mere men of gladly accepted it, for it enabled him to be business and of pleasure, who estimated apart from the " drudgery " and conflict of happiness by the splendid luxuries of the practice, while at the same time it afforded city life, all condemned my choice as mad him an opportunity to display and make use and absurd. But men of patriotism and of his large learning and accurate judgment. reflection, who thought less of riches and It is written that one day there was a case more of character, were yet more slow to before him, in which Alexander Hamilton condemn." and Richard Harrison were opposing coun The letter to Thomas Washington con sel. A nice point was involved, and there cludes with these words : " I find myself was an impression on the minds of both now in the middle of my life and a sense of that some old reporter had given a case in its value and rapidity to be greatly increased which a similar point was . involved. After in my reflections. This urges upon me con counsel had closed, " Mr. Recorder Kent stantly the necessity of improving time with gave the title of this old case, and where it the utmost diligence, and constantly to make was, and even the page, names of the bar it subservient to all the noble purposes of risters who were engaged, and almost the social and domestic happiness, of public and very words in which the presiding judge private duty." uttered his decision." At the time when James Kent was ele The duties of Recorder and Master in vated to the Supreme Court, the justices Chancery did not conflict with each other, went the circuit when the regular terms of and by assiduous attention to the demands the court in banc were not in session in of those offices he was in a position to re Albany, Utica, or New York. Judge Kent nounce all professional employment, except now removed to his former residence, Poughthat of counsel in the Supreme Court, and keepsie, in order, as he records, to resume he was also enjoying an ample financial his studies, ride the circuits, inhale the reward for his labors. In February, 1798, country air,' and enjoy otium cum dignitate. he was appointed to the office of a judge of This is what he writes: "I never dreamed the Supreme Court. Concerning this ap of volumes of reports and written opinions. pointment he writes in his memoranda as Such things were not then thought of. In follows : " This was the grand object of my 1799 I was obliged to remove to Albany, ambition for several years past. It appeared in order that I might not be too much from