Bo CORNELL UNIVERSITY LIBRARY Cornell University Library F 230L52 M14 Address on the life, character and publi illinium mil mil mil iiiii mi" 11 ••— - 'lii! 356 AN ADDRESS LIFE, CHARACTER AND PUBLIC SERVICES, OF THE LATE HON. BENJAMIN WATKINS LEIGH, DELIVERED BEFORE THE VIRGINIA HISTORICAL SOCIETY, AT ITS LATE ANNUAL MEETING. BY WM. H. MACFARLAND, ESQ. PUBLISHED BY THE SOCIETV. Jascary, 1851. RICHMOND : MACFARLANE & FERGUSSON. 1851. V" R Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028785356 AN ADDRESS LIFE, CHARACTER AND PUBLIC SERVICES, OP THE LATE HON. BENJAMIN WATKINS LEIGH, DELIVERED BEFORE THE VIRGINIA HISTORICAL SOCIETY, AT ITS LATE ANNUAL MEETING. BY WM. H. MACFARLAND, ESQ. PUBLISHED BI THE SOCIETY. January, 1851. RICHMOND: MACFARLANE & FERGUS SON. 1851. F t-H i^ir??^ t J ADDRESS. Mr. President, and Gentlemen of the Historical Society : I could not be so indifferent to your good opinion as to decline your request to sketch the character of one -whom we all lament, now he is no more, as he was, when in life, the object of our esteem and affection. Yet for this office, so full of inter- est, and capable of subserving the purest ends, I am sensible of no other claim than a profound and unfaltering admiration of his many virtues. It is right to cherish the memory of noble men ; and it is only as we desire to recall them, and to meditate on their bright examples,,we can be sure, in our own persons, of the sympathies and hopes which belong to noble natures. It is not an easy matter to delineate faithfully one so emi- nently gifted, and who exerted as large an influence, as the honored subject of this hasty sketch. The best eulogy of an useful citizen, is a true, faithful, accurate description of him ; and it is such a description only which is of any value. What we desire to know respects the individual, and refers to those separate and peculiar traits and endowments which elicited the praise, confidence and esteem he attracted and retained. We desire to be admitted to a nearer view of the particular man, and to learn how it was, and by what deeds or virtues, he be- came segregated and distinguished. It is resemhlance we look for in a picture ; and it is resemblance alone, which can satisfy a pure taste, or present worthily a noble subject. Benjamin Watkins Leigh attracted observation, at the first, by his graceful personal appearance. Apart from those silent indications of high spirit and intelligence, seen and felt, as soon as he was seen, and which never fail to invest any form with power to attract, he would have gained upon strangers by his fine and striking presence. It has fallen to my lot to perceive the impression made by his superiority over most other men in that respect. I have known him to be gazed upon, followed^ admired, for the grace and attraction of his person. But if with- out that higher beauty which the spirit reflects upon the form, Mr. Leigh was a handsome man, it was the soul beaming through his expressive lineaments— the harmony of the outer with the inner man— which invested him with a rare and impos- ing charm. In a peculiar degree, was his countenance an index of his feelings, sentiments and thoughts. It not merely expressed what he felt, but represented with such truth and distinctness, as well his intentions as his passions, that it seemed he was incapable of practising concealment if he would. His features were delicate, and well nigh effeminate ; — yet there was such an impress of frankness and sincerity, and of energy and deci- sion, that he was on the instant recognized as alike bland and resolved. Some lineaments of the man might have been discovered in the child. Interested as his family might be, and were, by the prepossessing boy, it was not for his good looks alone, nor mainly, that bright hopes were cherished of the distinction which awaited him. Sincere and earnest, quick and resolute, there were visible even then the frankness, intrepidity, and directness for which he was afterwards conspicuous. His father dying when he was a child, his mother's nurture, bestowed with the care and vigilance to which a mother only is equal, found its rich reward in the progress of her son. It was a proof at once of his goodness and her superiority, that Mr. Leigh often ac- knowledged, with grateful affection, his obligations to his mo- ther. It was indeed one of the most touching evidences of his ingenuous and grateful nature, that he delighted to revert to those who had shared in the training of his youth ;— and among them, was his early and excellent preceptor, in whose school he passed several years, the Rev. Needier Robinson, whom he mentioned always with regard and veneration. At College he held the position which might have been ex- pected from his power of application and quickness of appre- hension. The pride of doing well whatever he attempted was as characteristic of him at William and Mary as at the bar or in the Senate. This ancient seat of learning, in common with the classical city of which it was the ornament, was replete with associations fitted to inspire a lofty ambition. It was there, as witnesses survived to relate, the royal government had figured in the imposing ceremony and display which rank and wealth could commaud, and there that free government had been pro- claimed, and brave hearts marshalled to its defence, in tones as eloquent as can flow from mortal lips. It was a place and time to inspire heroic sentiments and aspirations; and young Leigh's was the mind and spirit to kindle and expand with the inspira- tion. His life was a practical illustration of his conformity to the pure standards of the honest age of the republic. Disdain- ing to profess doctrines fashioned to the varying hour, his opin- ions were formed, and his course resolved upon, regardless of approbation, save as it did justice to the pursuit of noble ends by noble means. The venerable college, entitled by hereditary right to transmit a true heroism, was justly proud of the mas- sive character of her favourite son. It was there a friendship had its beginning, which interrupted never by professional jealousy, incessant and elaborate as were the collisions to which the parties were summoned, was even more unreserved and cordial at the close of life than at the outset. Greatly as they were respected and admired by the public, each, one for the other, cherished feelings not only of kindness but affection. It afforded no pleasure to know that opinion was di- vided between them, for each did not hesitate to admit against himself differences, which caprice or prejudice would not have sanctioned. Leigh, Chapman Johnson, Henry St. George Tuck- er and Robert Stanard, connected in youth were scarcely sepa- rated by death, for in quick succession did they sink into the tomb, the victims of wasting and inexorable application. They stood confessedly at the head of the profession. The immediate successors of the illustrious Marshall and Wickham, it was high praise to know that the profession lost none of its dignity and influence in their keeping. The attachment between Mr. Leigh and Mr. Johnson is worthy of a more particular notice. It was an instance of their mag- nimity and goodness, rare and affecting. Contrasted in some respects, differing occasionally in their views of leading ques- tions, tenacious of their opinions, of strong will and competitors from the force of circumstances, they were never insensible of the sympathy which united them iu affectionate intimacy. The explanation of a friendship, which we cannot contemplate with- out admiration of their frank and generous natures, is lo be found iu the knowledge which each had of the true, simple, ear- 1* nest character of the other. Of high principle both, the spiritual in them was incontaminable, by the expedient and politic. With just and manly views of their own powers, and equal to the occasion how great soever the effort it required, each would ascribe to the other a superiority which each might have claimed for himself. Cherishing the highest opinion of Johnson's powers of analysis and induction, when speaking of him familiarly, Mr. Leigh would say, his "sledge-hammer was resistless;" whilst of Leigh, with a humility which must have been witnessed to be appreciated, Mr. Johnson would declare, that it required his grace and the charm of his elocution to gain and gratify atten- tion. Incomparable men, none but yourselves were unjust to your varied and great powers. " Though deep, yet clear; though gentle, yet not dull; Strong without rage ; without o'erflowing full." The style of Mr. Leigh differed at an after period from what it was in the early years of his forensic practice. Then it was ornate, copious and empassioned. There are those who survive to describe the effects of his rich and vehement declamation in the District Court of Petersburg, where he commenced his ca- reer. One of his earliest cases, if not that in which he made his debut, was of a nature strongly to excite him, and to call forth bursts of indignant and pathetic eloquence, of which he could be an eminent master. It was the volunteer defence of a boy pro- secuted for killing his step-father in the act of beating his mother. The effort inspired enthusiastic admiration, and placed him at Once in the front rank of a bar, distinguished by great ability. We are reminded of Thomas Erskine, England's greatest advo- cate, emerging to rank and fame by a single effort of intrepid in- vective. When he removed to this city, and entered regularly upon the practice in the appellate court, his style had assumed a more severe, compact, and simple form. The change pro- ceeded from his exact and critical taste. He assented to Swift's definition of style, "proper words in proper places," and was wont to admire its beautiful exemplification in the history of the last four years of Queen Anne. Now, he aimed at clearness, simplicity and force. The old habit would, however, sometimes break out. and when led into that field, he never failed of ap- plause for his affluent and varied profusion. It was easier for him to gain applause than to satisfy himself. His taste rejected whatsoever savoured of display, and decided for plainness and brevity. It might have been that he would have gratified more the general ear by allowing himself a greater freedom. Yet within the limits which he prescribed to himself, there was lati- tude enough for the best efforts of an orator, as his own brilliant example demonstrated. Such was his depth and elevation, and so largely did his feelings enter into his speeches, that his terse, senteutious, epigrammatic style, glowed with an ardor which elaborate ornament would have obscured. Refine he did not, nor deal in subtle distinctions. Everything about him denoted a powerful intellect, eminently practical. Confining himself to common sense views, which, after all, involve the solution of every question, he presented them with a perspicuity and force of diction which impressed his hearers with the highest opinion of his dignity and ability. Learned he was, and admirably trained, for discipline and learning were essential to such an order of elocution — learned in the law as a science, and built up and grounded in its princi- ples. And beside and beyond this, he had explored the fields of literature, and returned ladeu with its treasures ever ready for use. He went deep into the nature and essence of things, im- pelled by a love of truth which refused to be satisfied with semblances and forms. Knowledge for him possessed a value in itself, and was for itself coveted, unaffected by any concern for the advantage it might reflect. From his well stored mind every thing came forth finished, rounded and suited to its place. His position at the bar was one of influence as well as of dis- tinction. His brethren delighted to put him forward as a leader they were proud to acknowledge; and the bench to welcome him as one who was sure to edify, when he failed to convince. His frank and manly bearing — high-toned and scrupulous pro- priety, could notfail to produce their own resemblance in those permitted daily to contemplate and admire him. It was a fortunate consequence of his connection, as advocate, with the adjudications of the appellate Court, that he exercised an impor- tant agency in settling our system of jurisprudence. The bar is scarcely less influential than the bench in ascertaining and de- termining the law; and for this, the loftiest distinction of the profession, Mr. Lei^h was happily constituted by the exactness of his knowledge, his contempt for sophistry, and his reverence for just and stable principles. 8 As lawyer and advocate, he filled the measure of his fame— aye, more — occupied exclusively with his profession, averse to public station, contemuing influence gained by interested attentions, and scorning the arts by which popularity is usually sought and ac- quired, he was yet, unconsciously to himself, singled out, by common consent, as worthy the highest honors of the State. It was a high tribute to receive, and not less honorable in the State to pay. The mission to Kentucky, though not the first of his appoint- ments, was a flattering instance of the State's regard. Previ- ously he had been associated with other distinguished jurists in the revision of the Code, and had gained upon public consider- ation by his large share in the laborious work. The objects of the mission were of deep interest to the State, and it was not less due to her fame than to the magnitude of the questions at issue, that Virginia should be represented by the most eminent of her sons. Kentucky had set the example of such state inter- communication, and invested it with all the imposing circum- stance which the loftiest character could impart. Clay, accom- panied by Bibb, had been sent hither, and here in this hall was heard that magic eloquence, which, in the national Senate, hap- pily for the nation, has so often controlled and determined public measures. The State had every motive which could in- fluence a magnanimous people, to be represented before the legislature of Kentucky in a manner worthy of her fame. The choice fell upon Mr. Leigh. His speech in execution of his mission remains, a line specimen of a chaste and nervous style, and of perspicuous and logical compactness. Though not next in the order of his public services, his mission to South Carolina may here claim our notice. The occasion was one of intense national excitement and anxiety. Caro- lina, inflamed under a sense of supposed wrongs, proceeding from the general government, was about to expose the union to a fearful hazard. The crisis was of momentous, awful con- cern; Virginia so regarded it, and so did Leigh, content ever to leave public concerns to those who aspired to them, when no impending calamity was discerned. His brave heart looked on with dismay and distress. The sensibilities of our legislature, in common with the whole country, were painfully excited. The authority of the Union was about to be defied, and He-iven only knew what might be the issue of the direful conflict. The integrity of the sacred Union itself was threatened, and as in such case it must ever be, until we be mad enough to defile the memory of our fathers, and throw away a jewel richer than earth's treasury, a cord was struck which beat responsive in every patriot breast. It was an occasion for State interposition in its most majestic form. And who so worthy as Mr. Leigh to represent the State in a mission to avert the threatened catas- trophe. It was a theatre to bring out high qualities which found no place in his retired and laborious walks. One of his earliest admirers and a constant friend, whose brilliant career has at- tested his own great ability, as it has advanced the fame of his country, (Major General Scott,) gracefully ascribes to Mr. Leigh his own taste for military subjects, and pronounces that he would have made a peerless soldier. His coolness, chivalry and intre- pidity, and his generous appreciation of those noble qualities in others, fitted him to prevail with chivalrous men, intent upon a venture in which success, had success been possible, would have been the most fatal disaster. There is a sympthy between ele- vated spirits which insures success to temperate intercession, when other means would fail. The highest commendation of his conduct was contained in the short, but expressive declara- tion of Carolina, that he had executed his mission with " ability, temper and affection." The highest efforts of his genius and wisdom were witnessed in the State Convention of 1830. The place he had sought, excited by a dread of the changes which he foresaw would be attempted, and an apprehension that old principles, the better for their age, would be sacrificed to dangerous theories. In his cautious philosophy he condemned, as fatal to rational freedom, many current devices for a larger liberty, aud desired to retain institutions which had worked well, even though they might not conform to the latest discoveries of science, so called. In a true and large sense a conservative, he was opposed to expe- riments upon the body politic, and recoiled from most of the popularschemes of innovation as dangerous to the general safety and decorum. Experience, he acknowledged, was a safe guide in deciding questions respecting the alteration of the organic law, but he dignified with that title, not the hasty inductions of careless observers, nor every expression of popular discontent or impatience, but a comprehensive and accurate resolution of results into their causes, for which candor was as necessary as 10 discrimination. He entertained, we may suppose, the opinion of Hooker, that " the love of things ancient doth argue stayed- ness; but levity and want of experience maketh apt unto in- novations." His maxims linger yet in the memory of the public, if they abide not in its faith. It would not be too much to say, that whatever there be in the Constitution which is really valuable, if indeed in this day it be conceded there is any thing so, is to be credited more or less to Mr. Leigh. In the august assembly which framed it, consisting of the illustrious men of another age — Madison, Marshall, Mon- roe, Giles, who yet retained the faculties which made them memorable, and of Randolph, Tazewell, Johnson, inferior only to those conscript fathers in the length and varieiy of their pub- lic services, he was confessedly the leader. Admired, deferred to, quoted, it was a summons to thoughtful attention whenever he addressed the house. " Of piercing wit and pregnant thought- Indued by nature, and by learning taught To move assemblies." His speeches may be consulted by statesmen with advantage, and those who aspire to lead in the State might make them their models. Of the course of Mr. Leigh in the Senate, it is difficult to speak, without introducing topics of a disturbing political nature ill suited to this occasion. I wish to say only so much of him' as all just men of whatsoever party will concur in ascribing. As a public man he was necessarily involved in those discords which, more or less, continue to agitate the public mind. "Time, the corrector where our judgments err," must pass on his and ours. But confining ourselves to his conduct and bearing as a public man, we may say of his career in the Senate, that it oisplayed throughout the purity, intrepidity and independence of his character. — a thorough devotion to his sense of public duty, under circumstances most trying to his sensitive pride, and that it was throughout adorned by a brilliancy of eloquence rarely equalled. Elected in spite of his known aversion to public life, and greatly to the detriment of his private and professional interests, and in the first instance, under circumstances implying the most 11 gratifying public confidence, he did not shrink from the course he deemed it his duty to pursue, nor faint or falter in the pur- suit of it, by reason of the falling off of those on whose support he had a right to rely, and the fierce asperity with which he was assailed. No man ever lived with a heart more full of home affections. Tenderly as he prized the support of his State, and necessary as it was to his usefulness in the Senate, he scorned to court favor, or avert censure, by submission to what he conceived the "avium ardor prava jubentium," and maintained his post, until, in his judgment, neither public duty nor private honor required a further sacrifice. For the Senate he was in his day too senatorial — offending often by the inflexible advocacy of his convictions, and his un- suppresed disgust at whatsoever he considered venality, artifice or assumption. It was his last appearance in political life, as indeed it was the first, with the exception of a short service in the legislature of the State, when he appeared thereto animate and nerve his countrymen in the national controversy then pending with Eng- land. On that theatre he was a much prized favorite, kindling the enthusiasm of others with his own generous ardor. His professional engagements were too onerous and engross- ing to permit him to engage, except occasionally, in composi- tion, yet he contrived to make himself known and admired as a writer. His style was classical, and abounded in the glowing thoughts and language which gave effect to his speeches. There was indeed a striking resemblance between his essays and speeches. The papers which he published on the Arbuthnot and Ambrister affair, under the signature of Algernon Sidney, were eagerly read both in this country and in England. They were master pieces of their kind— distinguished by great ability and compass of argument, and by the tone and spirit of a resolute and lofty citizen. Though relating to topics, the interest of which has passed away, they deserve to be remembered. Mr. Leigh was of a nature to attract to himself strong feel- ings either of attachment or opposition. He would speak out, and had nothing of the policy which endeavors to propitiate by simulating assent, or garbling unwelcome truths. The only thing which he seemed not to consider, was the effect of his acts and opinions upon himself. In matters which appealed even re- 12 motely to his sense of duty, or that disturbed his fastidious pro- priety, he was impatient and intractable ; but those obstacles out of the way, he was gentle and indulgent, and of unsurpassed benevolence and hospitality. Of one of such earnestness and truth, it is consoling to know, religion had never been altogether forgotten or contemned. When he entered upon life, infidelity was a thing of fashion and a boast, but the sophistry andsneers of pedants and scoffers moved him only to pity or disgust. He inherited a devout admiration of the Episcopal church, for his father was a holy man, and ministered at her altars. Attracted to theological literature, he had strengthened his religious convictions, and trained and purified his taste by the study of Jeremy Taylor, Hooker, Sherlock, Tillotson. The illustrious person to whom I have before referred, owns gratitude to Leigh, for his rescue in early life from a fearful state of infidelity. A common faith added another tie to their indissoluble friendship. Under the waste and weakness of declining health, his devotion became apparent, and, God be praised, he seemed possessed of its holy influence. Much as there was to honor and revere in this good and great man, it was in retirement, midst his friends, and in his family, and only there, he could be appreciated and loved as he deser- ved. There his joyous spirit gave itself vent, and gentleness and affability seemed his greatest distinction. His quick and open affections seemed, indeed, hardly consistent with his in- flexibility before the world, and yet nothing could be in more exact and beautiful harmony. Lofty natures alone are capable of the lovelier manifestations of love, confidence and hope. Thy name, oh Leigh, may perish from human memories. 'Tis the heritage of mortality. But thy being was invested with power more enduring than the memorials of kindred and friend- ship, derived from the light of the high endeavors which circled thy life, and felt it will be as a stirring moral incentive when its source shall be no more remembered. A well spent life, through the creative energy of the virtues it illustrates, is an in- destructible element of advancement, not the less influential because a thankless world is unconscious of its benefactor.