APPENDIX. (ii) 



The manner in which he executed thol'e vefy important offi- AcconrtcfLora 



• i~ n • 1 r mi n rr 1 Abercfomby. 



ces, IS frelli in the memory of every one. To the molt aiiidu- 

 ous and unreniitting attention to his duty, and the moft accu- 

 rate conlideration of the legal principles which were to deter- 

 mine his decifion, he joined a talent for announcing that deci- 

 fion, and the grounds on which it refted, in fuch a manner as 

 to give fingular weight and dignity to his opinion, and to make 

 the ftrongeft impreflion on his audience. He did not fpeak 

 often, but when he did, he never failed to throw light on the 

 cafe before the Court. He never forgot, (what is Uable to be 

 forgotten in a Court which, from the n\unber of its Judges, 

 partakes fomewhat of the nature of a popular aflembly), that 

 he was delivering the opinion of a Judge, not arguing the caufe 

 of a barrifter. He never repUed to any of his brethren, re- 

 membering that a Judge does not fpeak for vidlory ; that it is 

 his buiinefs to pronounce his own opinion, not to combat the 

 opinions of others. He fpoke fliortly, feldom on the circum- 

 ftances of tlie cafe in detail, but on fome leading and promi- 

 nent point on which the opinion he was to deliver was found- 

 ed. His expreflion was clear and perfpicvious, corredt, at the 

 fame time, and elegant. His fpeaking was flow and delibe- 

 rate, and in that cool and folemn manner which becomes a ju- 

 dicial opinion ; yet, like his appearances at the bar, it did not 

 fail in animation when it was diredled to the cenfure of unfair- 

 nefs, to the detedlion of dilhonefly, or to the rebuke of oppret- 

 lion. He was of particular ufe in the civil Court, by an at- 

 tention to the proceedings, and to the checking of any impro- 

 priety in the condudl of the bufinefs. On this ground, his own 

 ftriiSt obfervance of propriety gave him great advantage. When 

 he did cenfure, even when there was occafion for feverity, it 

 was with fo much gravity and dignity of manner, and fo 

 much temperance of expreflion, as to enfure the approbation 



(b2) of 



