Page:The Green Bag (1889–1914), Volume 10.pdf/137

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The Green Bag.

in 1837, ne published two volumes of re self may well be applied the tribute of the ports, containing the decisions of Chief-Jus eloquent Benjamin Watkins Leigh to the tice Marshall in the Circuit Courts of the great chief-justice : " With such indulgence United States for the district of Virginia and to counsel and suitors, that everybody's North Carolina, from 1802 to 1835 inclusive, convenience was consulted but his own; and it has been said " the two volumes con with a dignity sustained without effort, and stitute a most valuable part of every com apparently without care to sustain it, to plete Virginia law library and attest the which all men were solicitous to pay due capacity, industry and professional skill of respect, with such profound sagacity, such the reports." quick perception, such acuteness, clearness, He stood among the first as a lawyer. strength and comprehensiveness of mind Prof. C. A. Graves of Washington and Lee that in his hands the most complicated University, who has written a clever sketch causes were plain, the mightiest and most of him, says : " As an advocate his logic was difficult, easy and light." severe and powerful, his pathos profound He founded the famous law school of and stirring. In grace and courtliness of Lexington, Virginia, and devoted twenty manner he was unsurpassed." years of his life to it. He was one of the In 1845 President Polk appointed him five peace commissioners sent to Washing Judge of the United States Court for the ton in 186 1 by the State of Virginia. It western district of Virginia, which place was due mainly to his persuasion that Gen. he held until 1861, when he was made Con Robert E. Lee accepted the presidency of federate States judge for the same district. Washington and Lee University and he re No decision of his was ever reversed by the ceived the following vote of thanks from the Supreme Court of the United States. A Board of Trustees in acknowledgment: — pupil of his wrote : " This extraordinary "Resolved : That the thanks of this Board man was the last of the Virginians of the be tendered the Rector for undertaking and old school, in whom lineage, bearing, genius so successfully executing his mission to and culture all united and combined in the Gen. R. E. Lee, announcing his election highest degree to form that Virginian and securing his acceptance as president of strength, fortitude and hardihood of char the college." acter which is nowhere surpassed. He was Professor Graves ends his sketch of Judge the peer of any son of the renowned old Brockenbrough with these words : " This Commonwealth, in the days of her most was the noblest Roman of them all! His life radiant and resplendent glory. In the first was gentle, and the elements so mixed in case he ever decided he overruled a dictum him, that nature might stand up and say to of Judge Story, delivered when that jurist all the world, this was a man." Judge was in the meridian splendor of his renown, Brockenbrough was the uncle of Judge and concurred in by the full bench of the Phelps, an honored Kentucky jurist, and of supreme court of the United States, and the Mr. Edward Colston, a prominent member court of last resort affirmed Judge Brocken- of the Cincinnati bar. borough's decision. His whole judicial life Judge John Tayloe Lomax was born in was an exemplification of the teaching of Caroline county, Va., January 14, 1781. Sir Matthew Hale that to "abhor all private He graduated from St. John's College, solicitations of what kind soever and by Maryland, and began the practice of law in whom soever, in matters depending, is the Fredericksburg, Va. He was appointed, at prime duty of a judge." Chief-Justice Mar the suggestion of William Wirt, professor shall was his ideal of a judge and to him of law at the University of Virginia. Among