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The Green Bag.

knowledge Mr. Jennings had moved, and and with a force of reasoning, a breadth of some ladies of the cUmi-moncU were living view, and a wealth of learning that is truly in the house that he had formerly occupied. admirable. He was a man who, had he re They told him that Mr. Jennings had left, mained longer upon the bench, would have but invited him to come in. He thanked established for himself a great name. them, and said that he would sit awhile on Judge Watkins was succeeded by Elbert the front porch to rest, as he was tired with H. English, a man destined to have a great his long walk. He sat down, and soon they influence on the jurisprudence of the State. all became interested in his conversation He was a rather small man, with a long and gathered round him; and there the dis nose and slight claim to personal beauty, tinguished jurist sat through the long sum who made no pretension to brilliancy, but mer afternoon in pleasant converse, without was one of the best judges that we ever had. a suspicion of the character of his new In his opinions there will be found an accu friends, while the citizens who passed rate though sometimes too detailed state looked on in open-mouthed astonishment. ment of the facts, a careful review of the He remained upon the bench only until authorities, and a conclusion coinciding with Dec. 31, 1854, — a little more than two years; their weight. He was not especially techbut in that time he did a vast deal of labor,, nical, but he was very conservative, and made a great impression upon the State's when technicalities had become imbedded judicial history, and with the help of his two in the law, he enforced them. With him able assistants cleared the docket. At that the rule of stare decisis was one that was period our Supreme Court, with Watkins, not to be shaken. His aim was to declare Scott, and Walker upon the bench, acquired the law as it was, not as it should have a higher standing than it had ever before been. The duty of supplying its imperfec possessed. His opinions are admirably writ tions, of mitigating its hardships, he left to ten, and have stood the test of time remark the legislature, where it properly belongs. ably well, being characterized by a breadth He did not strive to be original. He is of view that had too often been absent from often reproached for his conservative dispo sition; but in a judge of an appellate court the decisions of his predecessors in office. While he was upon the bench, Mr. Curran, the charge implies a compliment. The worst his former partner, died, leaving a consider evil of the law is uncertainty. When men able amount of the old business undisposed who act upon a decision of the highest of; and he felt compelled to resign in order court are deprived of their fortune by a re to discharge the duties which the firm owed versal of that decision, it is a trifling with to its clients. He resumed the practice of vested rights that is little short of robbery. law, which he continued with great success Of this fault Judge English was never guilty. until 1872, when failing health compelled With him men were safe in acting upon the him to seek repose; and he died at St. Louis former rulings of the court, or upon the gen on the 7th of December, 1872, on his return eral current of the authorities, without the fear of being ruined by some wild vagary or from Colorado. As a good example of his judicial style, judicial legislation. He enabled men to rest we may refer to the case of Merrick v. in peace beneath their own vine and figAvery, 14 Ark. 370, in which he demon tree, — a great merit in a judge. In only strated the necessity of the exclusiveness one case that I now remember — Clayton v. of the admiralty jurisdiction of the Federal Johnson, 36 Ark. 406, a case in reference to courts, more than twelve years before the assignments for the benefit of creditors — decision of the United States Supreme did he clearly mistake the effect of the Court in The Mine v. Trevor, 4 Wall. 554, authorities.