alth, were thus formed
into a Patrician order, distinguished by the splendor and luxury of
their establishments. From this order, too, the king habitually selected
his Counsellors of state; the hope of which distinction devoted the
whole corps to the interests and will of the crown. To annul this
privilege, and instead of an aristocracy of wealth, of more harm and
danger, than benefit, to society, to make an opening for the aristocracy
of virtue and talent, which nature has wisely provided for the direction
of the interests of society, and scattered with equal hand through all
its conditions, was deemed essential to a well ordered republic. To
effect it, no violence was necessary, no deprivation of natural right,
but rather an enlargement of it by a repeal of the law. For this would
authorize the present holder to divide the property among his children
equally, as his affections were divided; and would place them, by
natural generation, on the level of their fellow citizens. But this
repeal was strongly opposed by Mr. Pendleton, who was zealously attached
to ancient establishments; and who, taken all in all, was the ablest man
in debate I have ever met with. He had not indeed the poetical fancy of
Mr. Henry, his sublime imagination, his lofty and overwhelming diction;
but he was cool, smooth, and persuasive; his language flowing, chaste,
and embellished; his conceptions quick, acute, and full of resource;
never vanquished; for if he lost the main battle, he returned upon
you, and regained so much of it as to make it a drawn one, by dexterous
manoeuvres, skirmishes in detail, and the recovery of small advantages
which, little singly, were important all together. You never knew when
you were clear of him, but were harassed by his perseverance, until the
patience was worn down of all who had less of it than himself. Add to
this, that he was one of the most virtuous and benevolent of men, the
kindest friend, the most amiable and pleasant of companions, which
ensured a favorable reception to whatever came from him. Finding that
the general principle of entails could not be maintained, he took
his stand on an amendment which he proposed, instead of an absolute
abolition, to permit the tenant in tail to convey in fee simple, if he
chose it: and he was within a few votes of saving so much of the old
law. But the bill passed finally for entire abolition.
In that one of the bills for organizing our judiciary system, which
propos
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