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descend to posterity, perhaps you will be known only as the recorded instrument of part of my persecutions, sufferings, and misfortunes.' This passage is certainly characterised no less by violence than strength ; and is defective in dignity. We would not be understood, however, as quoting it in proof of the remark we have made, for any man, and more especially one constantly involved in political and forensic conflicts, will occasionally be hurried out of the course of his ordinary motives and habits, and, to his own chagrin, commit sudden violations of the rules which he studies scrupulously and sacredly to observe. We must, therefore, concede to every one, some deviations from his general tenor of acting and thinking. But then again these very exceptions sometimes disclose the true character, being only the occasional excesses of predominant and distinguishing qualities. And thus it is possible that the above passage,—which we quote merely by way of illustrating our meaning, not as evidence of an opinion,--may be in some degree characteristic of Mr. Emmet's mind.

In the same application we introduce another instance in Chenango county, on an indictment for libel, in which Mr. Emmet acted for the government, being then Attorney General, in which the defendant's council having made a personal attack on Mr. Emmet, charging him with having obtained his office through party influence, and with conducting the prosecution from party motives, in homage for his appointment, Mr. Emmet is said to have replied to this accusation of his opponent, that it was false and he knew it. The office which I have the honor to hold, is the reward of useful days and nights devoted to the acquisition and exercise of my profession, and of a life of unspotted integrity-claims and qualifications which that gentleman can never put forth for any office, humble or exalted.' It must certainly require a pretty broad and liberal construction of the rules of forensic warfare, to bring such a mode of retort within them, and yet it is possible that the occasion, the mode of attack, Mr. Emmet's position in respect to parties, and the temper of the court, jury, and sectatores curiæ

may have rendered it proper, and more effectual than a reply of more dignity would have been. We cannot, however, after all, but entertain some doubt of this. At the same time it is to be borne in mind, that a momentary forgetfulness of respect and strict decoruin, may arise, in some degree, from a deep consciousness of integrity of mind and a generous intrepidity, forthrightness, and sincerity, which make a man despise all the guards and disguises of a studied prudence, and with a magnanimous self-abandonment, lay open his unpremeditated thoughts and the inmost workings of his soul. These qualities appear to have been, in some measure, characteristic of Mr. Emmet.

His spirited force in retort, however, sometimes availed him with great effect, particularly on an occasion in the Supreme Court at Washington, when Mr. Pinckney, the counsel on the opposite side, in replying to Mr. Emmet’s argument, took the liberty, as the biographer says with his characteristic arrogance,' of alluding to the fact of Mr. Emmet's migration to this country

"When he had concluded his argument, Mr. Emmet being for the respondent in error, had no right to reply ; but he nevertheless rose, and after correcting a trifling error in some of Mr. Pinckney's statements, he took up the mode and manner in which his opponent had treated him. He said he was Mr. Pinckney's equal in birth, in rank, in his connexions, and he was not his enemy. It was true that he was an Irishman. It was true that in attempting to rescue an oppressed, brave, and generous-hearted people, he had been driven from the forum and the Senate-hall of his own native land; it was true that he had come to America for refuge, and sought protection beneath her constitution and her laws; and it was also true, that his learned antagonist would never gather a fresh wreath of laurel, or add lustre to his well earned fame, by alluding to these facts in a tone of malicious triumph. He knew not by what name arrogance and presumption might be called on this side of the ocean; but sure he was, that Mr. Pinckney never acquired these manners in the polite circles of Europe, which he had long frequented as a public minister. Mr. Pinckney was not ready at retort, and he made no reply ; but a few days afterwards it so happened, that he and Mr. Emmet were again opposed to each other in a cause of magnitude, and it fell to Mr. Emmet's part to close the argument,

who was determined that his antagonist should be put in mind of his former deportment and expressions. Mr. Pinckney was aware of the thunderbolt in store, and took the opportunity of paying to Mr. Emmet's genius, fame, and private worth, the highest tribute of respect. This respect was never afterwards violated. When Mr. Emmet rose out of his place as before stated, Chief Justice Marshall indicated great uneasiness, thinking that something unpleasant might be the result. Mr. Justice Livingston reached forward his head and remarked in a whisper, “let him go on; I will answer that he says nothing rude or improper.” With this, as well as with the result, the Chief Justice was satisfied.' pp. 111-113.

The reader is not to infer from those instances that Mr. Emmet was harsh and forbidding in bis manners and deportment. On the contrary, his deportment at the bar was mild, urbane, dignified, and conciliating. To the junior members of the profession, in particular, he was a model of obliging civilityalways speaking favorably of their efforts and kindly of their exertions, however meagre and discouraging.'

The author gives the following portrait of Mr. Emmet, who was then living, as is implied in the language.

His appearance and manners are plain and simple in the extreme. His dress is wholly unstudied. Every thing, however, shows the most perfect delicacy of feeling. Modest, unassuming, unobtrusive, and perfectly polite, he would alone attract the attention of a stranger by that amiable temper and obliging disposition that manifested themselves on all occasions. I do not consider him an eloquent or a powerful man in ordinary conversation. His remarks are generally appropriate, and well adapted to passing colloquial scenes. He speaks with sepse and intelligence; but he discovers nothing of the man he is, unless called out by an occasion sufficient to awaken his mind and create excitement. In the circles of Washington, with Robert Goodloe Harper, John Randolph, William Wirt, and others of an equal rank in talents, I have heard him converse with uncommon interest on English history and the policy of European governments.' pp. 116, 117.

The death of a soldier in the tumult of the conflict, amidst the moving scene of his glory, is an ordinary, anticipated event,-cita mors aut victoria lata-the risk of his life is a part of the price of his fame. And in the minds of some warriors, whether by sea or land, there is a sublime propriety in breathing their last in the smoke of the battle ; and they desire that their souls should depart arnid the clash of arms and roar of cannon, rather than to take wing from a domestic scene disturbed only by the light steps, and the scarcely audible sighs of relatives and friends. In recording the life of Nelson, we sympathize with this sentiment of the hero, and, with him, reckon among the instances of his happy fortune, the opportunity of dying in, as well as gaining, ihe battle of Trafalgar. But men are wont to think otherwise of a sudden exit from the mild splendor and fervid career of peaceful, intellectual and civil pursuits. Three instances have occurred, within a few years, of this sudden transit of distinguished men, from the throng and glow of forensic strife, to the solitude not disturbed by debates. It will occur to the reader that we refer to the final scene in the lives of Mr. Pinckney at Washington, of Mr. Emmet at New York, and of Mr. Ezekiel Webster in New Hampshire.

* Early in November, 1827,' Mr. Emmet ‘had been much engaged in the defence of Lieut. Percival, on a charge of extortion, and also in a cause of unusual importance, generally called the great Astor case, involving the right of Mr. Astor to lands in Putnam county, to the amount of perhaps eight hundred thousand dollars. In the former case he defended his client with all his accustomed vigor and ability, and the result was a verdict of acquittal. In the latter, on Monday, the 12th, he addressed the jury in a style of animated eloquence, of prompt and overwhelming retort, and of powerful argument, which was said by many of his audience to have even surpassed his earlier efforts. On Wednesday, the 14th, while attending the trial of another cause of importance, the case of the Sailor's Snug Harbor,) in which he was counsel, in the United States' Circuit Court, he was seized with an appoplectic fit; and on being carried home, he expired in the course of the following night, being in the 63d year of his age. He had made no exertion in particular that day, but had taken notes of the testimony through the morning, and on examination, these notes were found to be a full and accurate transcript of what occurred up to the very moment when the pen

fell from his hand on his being seized with a fit. The scene in the court room was in the highest degree impressive. Every individual present—the court, the bar, the audience, all were absorbed in the most anxious interest for the fate of this eminent man. The court was instantly adjourned. When his death was known, the expression of sorrow and respect was universal. His funeral was attended by the members of the bar, the students at law, and a crowd of other citizens, all desirous to pay their tribute of respect to the memory of the great deceased. A neat monument of white marble has since been placed in the wall of the apartment where Mr. Emmet was seized with the fatal illness. It is surmounted with his bust, and bears the following inscription : THOMÆ . ADDIS . EMMET




Mr. Emmet was a diligent student. He confined himself to study and business more than twelve hours a day. After returning home in the evening, he would retire to his own apartment, and continue the investigation of any subject in which he was engaged till twelve or one at night. His constitution was vigorous, and his habits uniformly temperate, so that his devotion to study never seemed to injure his health. It was one consequence of this intense application, that he was remarkable among his brethren at the bar, for his perfect knowledge of the cases in which he was concerned. When Mr. Emmet came into court, he was sure to be familiar with every point of the testimony, and could not be taken by surprise. When not employed in solving some legal question, his reading was often discursive. He would sometimes amuse himself with mathematical calculations. He found leisure to make himself acquainted with all the current news of the day. Yet he spared no time for the diversions of society, went into little company, and rarely appeared at public dinners. At home he was always gay and cheerful. He was utterly devoid of cerem

mony. His dress was good, but he was very careless of it; if it rained, he was as likely to be seen without, as with an umbrella. The furniture of his office was plain and ordinary. But while he was totally neglectful of these trifles, he was never inattentive to the feelings of others. High and low were sure of meeting from him a kind and courteous reception. Yet his was no studied politeness; it was the natural offspring of a good heart; and the full energies of his mind were devoted to the great and interesting topics which agitated individuals and nations. His appropriate sphere was active life; and he may well be pronounced fortunate, since he filled the station for which nature and education peculiarly qualified him. Although the prime of his life was darkened by misfortune; although he was severely disciplined by the hardships of imprisonment and the bitterness of exile, yet he was trusted and revered in the land where he was persecuted as a rebel, and in the country of his adoption, where he arrived in the vigor of his manly strength, and held the erect attitude of an unbroken and unbending spirit, he readily obtained the confidence of all those who became acquainted with him, mingled largely in the transaction of important affairs, placed himself at the head of his profession without leaving one blot on his escutcheon for envy to point its finger at, and acquired a brilliant reputation as a lawyer and an orator. That nothing might be wanting to complete the happy fortune which Providence seemed to bestow upon his mature life, in some sort as a compensation for the sufferings of his early manhood, he did not waste away in the gradual decay of imbecile old age, but died in the fulness of his years, cut off in the very field of his honorable triumphs.

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