of Rufus Choate, " was tost on the blanket of a popular election." The oscillation between the two methods first mentioned shows that after the trial of either for any considerable period of time, the objections thereto attract general attention, and public opinion turns to the other method, lapse of time having softened the impression of the objections to the latter. There have been some

which I am to attempt, I shall endeavor to single out in each case a sharp and clean-cut feature; but I trust that this method, which does not admit of mention of many qualities which shade and set off the salient characteristics, will not lead to the misconception that my subjects wre lacking in these concurrent but subordinate excellences. It must also be understood that the political

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notable refutations of distinctions and ser vices of those who are the arguments used to be sketched do not against each method. come within the scope Thus Warner, a Dem of this article. ocrat, was elected by a Whig Legislature in Eugenius A. Nisbet 1845, and appointed by a Republican Gov easily excels all his ernor in 1869. Hall, compeers as a perspic who had no political uous and polished ex positor of the law, in backing or popularity, and whose only claim its principles and pre to the office was in cedents. The writers his legal learning, was of the text-books, the judges of other courts, chosen by the vote of the General Assembly and such annotators as Hare and Wallace in 1882. indulge in frequent It is not possible quotations from his within the limits of decisions. He is the this article to embrace only Southern jurist a biographical sketch (along with Judge of all the judges whose Bleckley) admitted names appear in this into that legal Wallong catalogue, — a EUGENIUS A. XISBET. halla, — Snyder's list on which frequent "Great Decisions by resignations refute a well-warranted maxim of American politics. Great Judges." He loved to "scatter the A reasonable principle of exclusion would flowers of polite literature over the thorny seem to be to omit notice of the living brakes of jurisprudence; " and although his judges, except the present occupants of the opinions are not ornate, yet the simple ele gance and rhetorical finish of his opinions bench. It is not invidious to say that the judges were doubtless largely due to his literary whose reputations are greatest beyond the taste and culture. The following extract from the decision in limits of their State are Eugenius A. Nisbet and Logan E. Bleckley. If State celebrity Culbreth v. Culbreth, 7 Ga. 64 (quoted by alone be considered, Joseph Henry Lump Mr. Snyder), in which he held that money kin and Hiram Warner would rank with paid under a mistake of the law could be them. recovered back, is a fair specimen of his In order to individualize the pen-portraits style : —