nd seem more striking as it grows more loud;
But sober sense rejects it with disdain,
As nought but empty noise, and weak as vain.
The froth of words, the school-boy's vain parade
Of books and cases--all his stock in trade--
The pert conceits, the cunning tricks and play
Of low attorneys, strung in long array,
The unseemly jest, the petulent reply,
That chatters on, and cares not how, or why,
Studious, avoid--unworthy themes to scan,
They sink the speaker and disgrace the man.
Like the false lights, by flying shadows cast,
Scarce seen when present, and forgot when past.
Begin with dignity: expound with grace
Each ground of reasoning in its time and place;
Let order reign throughout--each topic touch,
Nor urge its power too little, or too much.
Give each strong thought its most attractive view,
In diction clear, and yet severely true,
And as the arguments in splendor grow,
Let each reflect its light on all below.
When to the close arrive make no delays
By petty flourishes, or verbal plays,
But sum the whole in one deep solemn strain,
Like a strong current hastening to the main."
If Mr. Story had never been elevated to the bench it is not likely his
name would ever have become national property. Although plunged into
politics in his earlier life, he was not fitted for the life. His devotion
to the law, and his dread of becoming that slave to party usages which all
public men must necessarily more or less fashion of themselves, would have
retained him in his native state, and made his usefulness sectional. To
the politicians of the school of General Jackson, and to the
administration of that President, he was particularly distasteful. His
tenacious conservatism drew forth from the "old hero," on one occasion,
the remark, that "he was the most dangerous man in the country." Lord
Eldon, with his doubts and pertinacious toryism was not more unpopular
among the reformers in England than was Judge Story--the last of the old
regime of federal judges--with the bank radicals of 1832.
When Chief Justice Marshall died he felt almost broken-hearted. A new race
of constitutional expounders had arisen around him. Brother justices, with
modern constructions, and more liberal notions of national law, were by
his side. In many decisions he was now a sole dissenter. His pride was
invaded; his self-love tortured; his adoration of certain legal
constructions which he had deemed immu
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