strong.] 4^ [Jan. 6, 



zation and action of both the State and General Gov- 

 ernments, and he was famihar with the whole science 

 of constitutional law. He was in the main a conserva- 

 tive, though not averse to healthy progress. Accord- 

 ing to the division of parties existing soon after the 

 adoption of the Federal constitution, he was ranked as 

 a Federalist. He adopted the views of the constitu- 

 tion held by Washington, Hamilton and Marshall. To 

 these he adhered during his life, and he made no se- 

 cret of them when they became unpopular. On the 

 14th of January, 1872, when writing to a friend, he 

 said : " You know I am the residuary legatee of 

 Washington Federalism. I am not, however, without a 

 great many younger men who are haeredes institicti, 

 though post nati." But, though a conservative, he ap- 

 proved of changes that he thought improvements. He 

 did not think all changes progress, though he recog- 

 nized that progress means change. He conceded that 

 the advance of civilization demanded a change of laws 

 in many particulars, and of organic law in some. Still he 

 was not a friend to any changes hastily made ; changes 

 that might bring evils in their train not less than 

 those they were intended to cure. Not lacking confi- 

 dence in the masses of the people, he yet thought it a 

 great mistake to subject the judiciary to dependence on 

 a popular vote. With a high estimate of its importance 

 to the stability of our institutions, and to the correct 

 administration of law between man and man, he depre- 

 cated every scheme that threatened diminution to its 



