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The Green Bag

be that the man, alone of all others, Stowell, died past ninety and was hardly of whom Dr. Johnson admitted that less honored for his charming and cul when he had to meet him "he should tivated personality than for the sound wish to know a day before," was other ness and learning of his judgments in wise than the remarkable being which, admiralty and international law. John in his own day, he was certainly thought Scott, familiar to every lawyer as Lord to be. But purely in his character as Eldon, almost reached his brother's years, a judge — and it is in this aspect that for he died in 1838, in his eighty-seventh we are concerned with him — Lord year. Although his judicial life had Thurlow suffers by comparison with closed ten years earlier, for more than others. He had the opportunity of twenty years prior to his relinquishpractice before both Lord Hardwicke ment of the Great Seal he had sat con and Lord Mansfield, but apparently tinuously in the Court of Chancery, a the admirable example of judicial pro longer tenure of that high office than priety which they set failed to impress any Chancellor enjoyed except Lord him. Unusually fitted by nature to Hardwicke. Lord Campbell has thought preside with dignity and to incite respect, fit to call attention to many serious de he often failed to do either; and though fects that Lord Eldon possessed as a the trespass of his undisciplined nature judge, and it is certain that he was dila on the rules of strict decorum some tory in the discharge of judicial business times excites amusement, it transcends and was of that turn of mind which all notions of what should be expected abhors all change and opposes reform from the first magistrate of a great intended for the correction of existing country. It was hardly possible that abuses. But difference of political views, so vigorous a mind and forceful a charac and the sharp antagonism that this ter should not have been reflected in judg frequently brought about, may explain ments that command respect, but there much of Lord Campbell's unfavorable is little to indicate that he imitated his comment. It is well to remember also great contemporaries in their ambitious that the latter's trustworthiness as a efforts to fit themselves for their impor biographer has been severely questioned. tant work and to improve the systems Even the somewhat hostile atmosphere of law which they administered. He of the "Lord Chancellors" does not be was careless and immethodical and, if cloud the great qualities that marked current report spoke the truth, he was Lord Eldon's judicial career, and that even sometimes content to deputize the explain the reverence in which his name writing of his opinions. No taint or is held. Probably no one has surpassed suspicion of corruption ever rested upon him in that characteristic which a judge him, but impartial consideration of his ought to acquire, if he does not possess conduct forces the conclusion that to it by nature, of courteous and patient Lord Thurlow the holding of his high consideration for the counsel who appear office was more important than its before him. His complete knowledge efficient and useful administration. and understanding of the law which he It is not often that from one family administered, the soundness of his appli come two such men as the brothers, Wil cation, and his desire to do justice, which liam and John Scott. Both won great never yielded to any other motive, en reputations as judges and both lived sured a right judgment in every case. to extreme old age. The elder, Lord In the clearer light of later years some