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but distinguished for that purity of taste and fined to fifty-one opinions in the Supreme that perfect propriety which nothing but i Court of the United States, from the familiarity with the classics can impart—his j twelfth to the nineteenth Howard, and two choice and suggestive words had the force of volumes of reports on circuit. These opin illustrations and rendered figures unneces ions cover a wide range of subjects with sary. He never overlaid his argument with uniform ability. His luminous and power superfluous words, or stretched it beyond its ful dissenting opinion in the Dred Scott case strength, or weakened it by exaggeration, or was unquestionably his most conspicuous ef made it subservient to the parade of his own fort, but some other opinions have exercised learning or ingenuity; but having clearly and great influence. In Cooley v. Board of War forcibly presented it was content to leave it dens of Philadelphia, 12 Howard 299, for in to stand on its own merits." He never ap stance, he solved the difficulty which the pealed to passion or prejudice, nor lost his court had hitherto experienced in their con temper, nor indulged in personalities; and struction of the commerce clause. He the fairness, calmness and earnestness with pointed out that the nature of a Federal power depended upon the subjects over which he presented a case enhanced the which it was exercised. Hence, as com weight of his argument and made for con merce embraced a multitude of subjects, it viction. With his marked resemblance to Marshall I was evident that over some, such as pilots, the concurrent power of the State extended, in character and intellect, his appointment to while others, such as imports in the hands the bench aroused the liveliest expectations. of the importer, were exclusively under ihe It may, perhaps, be doubted whether, in Mar control of the Federal Government.1 shall's place, he would have exhibited the The two volumes of reports of his cases originality and breadth of mind necessary in on his circuit afford, perhaps, a better indi the creation of a new department of juris cation of the quality and extent of his judi prudence. His career was not entirely ircc cial powers than his work on the supreme from the disfiguring traces of a mind thor bench. He began his work on circuit in the oughly imbued with the spirit of the common midst of the violent public excitement aris law. Upon more than one occasion during ing out of the attempt to enforce the fugi the civil war his intense conservatism led tive slave law in Massachusetts. The fugi him to advocate the total subordination of tive slave Shadrach had been forcibly res the instinct and necessity of self defence on cued from the custody of the Federal author the part of the government in a critical and ities, and many leading Bostonians had been unprecedented emergency to the strict legal indicted for the offence. The admirable ju rules of peaceful times. Indeed, his retire dicial temper with which, unmoved by pub ment from the bench mainly, it would seem, lic clamor, he approached this duty is indi in consequence of the apparently irreconcil cated by his letter to his uncle, George Tickable difference of opinion among his breth nor: "My duty is to administer the law. This ren, is evidence of a certain lack of moral will be done. Whether they are legally guilty fibre. Within less than a decade after his retirement the composition of the bench had1 1 Some of the principal opinions of Justice Curtis are Murray v. Hoboken Land Company, 18 Howard 272; undergone a complete change. Had he re .State of Florida?'. State of (Jeorgia, 17 ih. 478: General mained on the bench it admits of no doubt Mutual Insurance Company T. Sherwood, 14 it. 551; Philadelphia, etc. Kailroad Company r. Howard, 13 it. that he would have been one of the most con 307; Steamboat New World?•. King, 16 ifi. 469; Xhespicuous figures in the court's history. As Barque Laura, 19 it. 22; Curran i>. State of Arkansas. 15 it. 304; Lawrence rr. Minturn, 17 ib. 1OO; The Free it is, the record of his judicial service is con man t1. Buckingham, 18 it. 183.