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THE GREEN BAG

authorities, mainly perhaps because the at the accusation of non-committalisra, judges generally know more law than we calling it contemptuously a "party catch do but not so much about the facts of our word." The absorbing work of the politician took case. William Allen Butler always preferred to argue for the appellant because it gave Van Buren from the bar all too soon. After him the first chance at the facts, always an 1828, he belonged to the nation. As Holland says, "for some years preceding advantage as he learned from his distin guished father who was so unfortunate as his final withdrawal from the bar, his prac to bear the same name as a certain Massa tice, it is believed, was unsurpassed in its chusetts general. If we may judge by his extent and responsibility by that of any political writings, Van Buren was elaborate lawyer in his native State and perhaps in and copious. I have read the autobi the United States." I am loath to leave ography, and it is a monument of diffuseness. him—a notable character, unjustly decried He could speak well without much previous by ill-informed or partisan historians. There study, but he was exceedingly laborious is no doubt that he deliberately sacrificed and industrious, mindful of the value of his chances for the Presidential nomination careful preparation. In the "Life and in 1844 by his letter against the annexation Letters" of Mr. Charles Butler, who was a of Texas, "one of the finest and bravest clerk in the office of Van Buren and pieces of political courage" as Shepard well Butler, it is recorded that on the first says, and one which "deserves from Amer morning of his clerkship "being minded to icans a long admiration." He was never despatch work he rose at half-past four and non-committal about the essentials. at five in came Mr. Van Buren himself, In the early days of the rebellion, he was ready for the business of the day." In a patriotic and staunchly devoted to the letter written at the time, Mr. Butler says: cause of the Union, although sometimes "I rise early, and what is more provoking unjustly accused of sympathy with secession. Mr. Van Buren some mornings back has When his will was opened they found that risen at half-past four. I rise at five and it began in these words: "I, Martin Van find him up. This morning he rode five or Buren, of the Town of Kinderhook, County seven miles before seven o'clock. I can't of Columbia, and State of New York, here imagine what possesses him.1' He owned tofore Governor of the State and more re what in those days was an excellent library, cently President of the United States, but and he used it systematically. He seems for the last and happiest years of my life according to those who knew him well, to a farmer in my native town, do make and have been fluent and facile; felicitous in declare the following to be my last will expounding the intricacies of fact and law; and testament." And so, at the end, after mild, insinuating, never declamatory;'going an active career of sixty years, during which to the pith of the subject without the arts he had attained the highest rank in his pro of rhetoric. fession and the most exalted office in the Many are the tales which are told of his nation, he gave his testimony to the empti imperturbable demeanor, his adroitness of ness of honors and the worthlessness of speech, and his amusing non-committalism. political rewards, and "his dust returned In all this we may discern only the habitual to the earth as it was, his spirit to the God caution of the experienced lawyer, sensible who gave it." of the danger which lurks in loose and unreflecting assertion. He was always angry NEW YORK, N. Y., Jan., 1903.