Page:The Green Bag (1889–1914), Volume 13.pdf/413

 зуб

ence, Benton said, "He can't be elected; he can't be elected; his coat tail is too near the ground!" Having been defeated for re-election to Congress in 1854, he resumed his literary work in Washington, and finished the second volume of his "Thirty Years' View." He also wrote an elaborate criticism of the famous Dred Scott decision, in pamphlet form, which was regarded as a very able legal argu ment on the questions involved in that case. He came back to Missouri in 1856, and an nounced himself a candidate for Governor, but was defeated. This was the last appear ance of Benton on the stump in Missouri. It may be here said that so strong was his hold on the people of the state that in this campaign many of his old friends were known to ride on horseback as much as a hundred miles to hear him speak. In this year he supported Buchanan for President, and opposed his son-in-law, John C. Fre mont, because, as he said, the latter was too sectional to be President.

Returning again to Washington, he en tered with his accustomed vigor and energy on the last great work of his life, 'The Abridgement of the Debates of Congress From 1787 to 1856," in sixteen volumes. The work only reached the year 1850. His health gave way under the great mental strain; but he continued dictating to the last in a whis per on his dying bed. He died April 10, 1858. In speaking of Air. Benton, Judge Bay in his "Bench and Bar of Missouri" says: ''That he was inferior to Mr. Webster as a close reasoner; that he was not the equal of Clay as an orator, and that Calhoun sur passed him in the power and condensation of language, all must admit. But in depth of mind, originality of thought and the power to conceive and execute any great measure of public welfare, he was the equal of either and in some respects the superior of all; for the dominant characteristics of all were com bined in him. He had Webster's depth of brain, Clay's nerve and power of will, and Calhoun's great moral integrity."

WAR ON FRENCH LEGAL JARGON. Bv ERNK>T R. HOLMES. FRENCH judicial and legal circles are just now considerably agitated by pro posals of various reforms, not the least of which is a new civil procedure code soon to be discussed by the Chamber of Deputies. M. Henry Breal, known to many Americans as the Secretary of the Franco-American committee to aid and inform students com ing to Paris, has deemed this the "psycho logical moment," as they said during the siege, to spring another proposition. He at tacks the time-honored custom of disguising the meaning of legal documents in verbiage so old-fashioned and technical that ordinary mortals can make nothing of it. Such a re form will doubtless be hailed with more de

light by the common people than by the legal fraternity. The initiated, by several years' special training, are enabled to know what it is all about when they see summons and writs and such things. If the public at large, as well as that in custody, is forced to call in legal advice to get at the inwardness of the formulíe, the knights of the code do not ob ject. M. Breal, however, is an attorney still young in years and practice, with his heart not wholly hardened to the woes and per plexities of common folk. He has written an article, recently printed in the Revue des Rcï'i/cs, and of which extracts appeared in the newspapers, showing up the absurdities of the ancient forms still employed and de