MARTIN VAN BUREN
J57
thus became a member of the Court for In dealing with Van Buren as a lawyer, the Correction of Errors' and Trial of Im it is not easy to refrain from quoting the peachments, that odd tribunal composed of words of Mr. Shepard. "Van Buren'swork the Chancellor, the Judges of the Supreme as a lawyer," he says, "brought him some Court, the Lieutenant-Governor, and the thing besides wealth and the education and thirty-two Senators, of which might be said refinement of books, and something which what has been said of the Court of Errors neither Erskine nor Webster gained. The and Appeals of New Jersey, that it was too profession afforded him an admirable dis large for a court and too small for a town- cipline in the conduct of affairs; and affairs, meeting. In the reports appear some in in law as out of it, are largely decided by teresting opinions by him, interesting fre human nature and its varying peculiarities. quently as indicating the grim delight he The preparation of details; the keen and had in punishing that luminary of the law, far-sighted arrangement of the best, because the most practicable plan; the refusal to the Federalist, Kent. We look at these old opinions and the fire off ammunition for the popular applause abstracts of the arguments of counsel, and to be roused by its noise and flame; the we are apt to think that in those ancient clear, steady bearing in mind of the end to times lawyers were far more learned and be accomplished, rather than the prolonged courts far more astute than they are in this enjoyment or systematic working out of in twentieth century. It may be so far as termediate processes beyond a utilitarian the lawyers are concerned, but we must not necessity—all these elements Van Buren forget that men used to lead what is now mastered in a signal degree, and made in called "a simple life" and that the complex valuable in legal practice." It is said of ities of this generation were wholly unknown him that he was not an orator, but he per in those halcyon days. The manifold com suaded men. They thought much more plications of this generation would have then of what may be called "fine speaking" bewildered the lawyers of the olden times. than we do, and Van Buren was not of the The subtle questions which agitated our order of speakers who arouse the tears and courts a century ago have long since been applause of jurymen and spectators; but relegated to obscurity. Our courts must he was effective and he had the art which needs deal with modern problems, and they made the British juryman disparage Scarlett endeavor to decide them according to their in comparison with Brougham. We have view of what is right—often, however, if I only tradition to tell us of his exploits in may be permitted to express an humble the trial courts, for none of his addresses to opinion, giving their judgment in favor of juries were ever reported. It was said of him that whether before a what they happen to think is right in the particular case before them, rather than jury or the court in bane he particularly excelled in the opening of his subject. The with regard to rule and precedent. In February, 1815, Van Buren was chosen facts out of which the questions for discus the successor of the distinguished Abraham sion arose and the mode in which he in Van Vechten as Attorney-General—an office tended to treat them were always stated which was considered to be of such eminence with great clearness and address. Un and importance that only lawyers of the doubtedly this careful lucidity of statement greatest reputation were selected to fill it. was a great factor in his power. We all While a Senator of the United States, he know that the statement of facts is usually had a narrow escape from occupying a seat the most important part of any argument on the bench of the United States Supreme and that causes are won oftener on the "statement" than on the marshalling of Court.
