popular ordeal at the polls, still retained a verted our beautiful system of organized libsmall majority in favor of the proscribed act, erty into unalloyed and uncontrolled anarchy. and that majority, in defiance of the people's But our Judges did not thus ingloriously award, resisted the repeal of the act. But the fly. Like Leonidas, with his Spartan band, "New Court" vanished, and the "Old Court" Boyle and his associates stood firmly, a forre-appeared and resumed its suspended func- lorn hope, in the last Thermopyla of the constitions without further obstruction; and John tution-but more fortunate than the Grecian Boyle was still the honored Chief Justice of martyrs, they achieved a glorious triumph for that signally persecuted, but more signally mankind, and lived to enjoy the homage of triumphant, "Old Court." Had he consulted their conntry's gratitude.

practical vigor and supremacy of which constitute the only sure palladium of the rights of men-social, civil and religious. And the example has been most salutary-and will, as we trust, be useful in all time to come.

his own personal wishes and repose, he would A civic victory more eventful or glorious have submitted with alacrity to the legislative has seldom been won-its spoils are the fruits mandate. He was tired of his office-had of a rescued and reanimated constitution, the worn out his constitution in a laborious discharge of its irksome and incessant duties had become no richer by his small salary; and no man on earth was less belligerent, or had less taste for notoriety or for strife and obloquy. Most anxious was he, we well knew, to escape the impending storm. But he felt that it was his duty to his country, his character, and the constitution, to stand firm on the judicial rampart, even though he should sink with it, a martyr in the great cause of constitutional security.

Had he and his colleagues bowed to the unauthoritative will of the legislature, they would have been treacherous to the constitution and faithless to a proscribed minority, for whose security that supreme law was adopted by the people and placed under the guardianship of a judiciary so organized as to be able, if firm and faithful, to uphold its rightful supremacy against the passions and the will of any majority less than that of twothirds of the legislature.

Had Boyle been suppliant, he might have been, for the moment, the idol of a dominant party; but such popularity, being meretricious, would have been as evanescent as the fleeting breath on which it would have floated. Solid fame can be acquired only by solid worthlasting renown is the matured fruit of noble, virtuous, honest deeds. Boyle deserved such renown for his self-devotion on the altar of his country's constitution; and, had he been even sacrificed on that altar, his fame should have been associated with that of Socrates, who was doomed to the hemlock only because he would not make a mean compromise of eternal truths with the vulgar prejudices and vices of his day.

As the constitution is the supreme law, no legislative enactment which conflicts with it The great object of the constitution was to can be law; all such unauthorized or prohibitsecure certain fundamental rights from inva-ed acts must be void. And, therefore, as it is sion by a bare majority of the people or their the province of the Judiciary to administer the legislative agents. That end could not be ef- law, it is the duty of a Judge to disregard, as fectuated without an enlightened Judiciary, a nullity, any act of assembly which is inconarmed with power to prevent the enforcement sistent with the fundamental law of the sov of unconstitutional legislation. Such a Ju-ereign people, and thus to uphold their organdiciary, invested with such authority, was or-ic will against the opposing and forbidden dained by the constitution itself; and, to ena- wills of their legislative agents. And, conseble it to execute its high trust, honestly and quently, as the constitution forbids every legisfearlessly, it was made, in a great degree, lative enactment impairing the obligation of independent of a popular caprice and legisla- contracts, it was the obvious duty of the tive authority. Here we find the constitu- Court of Appeals to declare, as it did, that tion's inherent power of self-preservation the two years' replevin act was void, if they this, at last, is its chief conservative princi- were, as doubtless they were, clearly of the ple-without which a numerical majority opinion that it impaired the obligation of conwould be politically omnipotent, the few tracts made prior to the enactment of it. would be subjugated by the many, reason And was it not clearly unconstitutional? would bow to passion-and the simplest It was only the civil or legal obligation of conproblem in arithmetic might solve the whole tracts which the constitution contemplatedmystery and power of our democratic institu- for no legislation could impair a moral obligations, by the mighty magic of "the majority tion. Then what is a legal obligation? Is of numbers." it not the binding or coercing efficacy of

But had Boyle and his colleagues, consult-the law? Can a contract, which the law ing either their own ease or their personal will not sanction or enforce, have any legal obfears, yielded to popular clamor or to legisla-ligation. Can the law be said to bind a party tive denunciation, they would have surren- whom it will not coerce? And how alone dered the constitution to the keeping of the does the law enforce contracts? Is it not by legislative department which it was framed the legal remedies by suit and execution? to control and such an example might have Then, will not the abolition of all such remegiven practical supremacy to unlicenced num-dial agency of the law destroy the merely leber-to physical over moral power-to matter gal obligation of contracts? And if it will, over mind-and thus eventually have con-must not any statute, which impairs the rem

He now devoted most of his time to the teaching of law, to miscellaneous reading, and to agriculture. He was, for one year, sole professor of law in Transylvania-but was generally engaged at home in giving instruction to such young men as sought it-and they were not a few. He became much pleased with rural employments, and talked con amore of ploughs and ploughing, cattle and grazing.

edy, also impair, in the same degree, the ob- been barely sufficient to feed my wife and ligation of pre-existing contracts? And if the children--an office in which I have grown legislature, by acting on the remedy, could not gray, and from which I retire at last much the impairthe legal obligation of antecedent con- poorer, in consequence of having so long held tracts, how will it be possible to impair the ob-it-now fill it better, if you can.” ligation of contracts by any species of legisla- But the Federal Government, anticipating tion? The legislature cannot change the terms his resignation, had offered him the office of or alter the form of a contract-it can only mod- District Judge of Kentucky, which he acceptify its legal effect-and this it can only do by ed as soon as he retired from that of Chief giving, withholding or modifying the reme- Justice. This new office he filled admirably dies necessary for enforcing the contract.--but it never pleased him. Its duties were Right and Remedy, or the civil obligation of a not sufficient to give him active employment, contract and the civil remedy for enforcing it, and he felt some scruples of conscience in reare essentially different. But, though the le-ceiving the salary (only $1,500 per annum,) gislature may therefore change the remedy without performing more public service. But without impairing the right, yet it cannot de- he was induced to hold it until his death. stroy the legal obligation of a contract without Upon the death of Judge Todd, he refused abolishing all legal remedy, nor impair it to be recommended to the President as his without making the remedy less efficient or successor on the Bench of the Supreme Court available and therefore it cannot abolish all of the United States--and subsequently upon remedy for existing contracts, nor so change the demise of Judge Trimble, he was unwilthe remedy as to essentially impair them. And ling to accept the same office-because he preif theretrospective extension of indulgence un- ferred retirement, and distrusted his qualificader execution for two years did not impair the tions for a place so high! Rare and excellent legal obligation of contracts, an unlimited ex-man! tension, or even an abrogation of all means of coercion would not have been an impairment of the obligation of any contract. But the one, as certainly as either of the others, would, in our view, be an impairment of the legal obligation of contracts existing and unperformed at the date of the enactment. So every court in the Union, which has adjudicated on the question, has decided. So thought Boyle; and therefore so he decided, at all hazards. And, in thus deciding, he faithfully discharged his But he was hastening to the end of his jourduty to the parties litigant, to his own con-ney of life. His constitution had been imscience, and to his country-revived a pros- paired by hard public service. During the trate constitution, and inspired the commer- prevalence of the cholera in 1833 his wife cial community with confidence. died, and he himself had a violent attack of It was for that decision alone that he was that fatal malady, which he survived. But all denounced and persecuted, and his state was his hopes of domestic happiness being buried convulsed by a most perilous conflict. As in the grave of his beloved wife, he continued long as the storm raged he would not "give up lonely and desolate, and never recovered his the ship of state." But as soon as the troubled former tone of health or spirits. He talked of elements were stilled by the people's voice, his own death as very near and not undesiraand he saw the Constitution safely moored,ble. And though he had, in his early life, with its broad banner still proudly floating, he been an infidel, and had always been a skepdetermined to retire from the toils and cares of tic, he now studied theology, talked reverently an office which he had so long and so nobly of the christian religion, and finally, not a filled and illustrated. It had been his settled month before his death, expressed to us his purpose, from the beginning of the judicial firm and thorough conviction of the divinity of contest, to resign his office as soon as he could that system, and his determination to become a do so consistently with fidelity to the Consti- member of some christian church. But this tution and to his own honor. And now, the last and best boon he was not permitted to enpeople having, at the August elections of 1826, joy. He died rather unexpectedly, but not settled the controversy finally and conclusive- suddenly, on the 28th day of January, 1835, in ly, he accordingly, on the 8th of November of his own house, like a christian philosopher, that year, resigned the Chief Justiceship of firm, placid, and rational--surrounded by his Kentucky-thus saying to his countrymen: physicians, his younger children, and his de"Persecuted and abused for honestly main-voted servants. And in the agonies of death, taining the best interests of yourselves and turningihimself on his couch, he said, “Doctor, your children, and for helping to save your I am dying!"-and with his expiring breath Constitution, I now voluntarily resign, and ejaculated, firmly and audibly-"I have lived with alacrity, the most important office in for my country!!" These were his last words your gift-an office full of labor and responsi-on earth, and they were true. bility, and to the duties of which I have dedi- What is it to live for one's country? It is not cated the prime of my life-an office which I to get rich, nor to hold office, nor to be gazed never sought, and the profits of which have at with vulgar admiration, nor to win a battle,

Here, in this man, we present a fit exemplar for all men, in every condition of social and civil life.

nor to make a noise in the world. Many who hard thought between them, from the eventhave accomplished all these have been a curse ful moment when their destinies were linked rather than a blessing to mankind. But he, together on the altar! And knowing them and he alone, who honestly dedicates his tal- both as we did, we doubt not that she told the ents and his example to the happiness and im- truth. provement of his race, lives for his country, whatever may be his sphere. He who seeks his own aggrandizement at the expense of truth, or principle, or candor, does not live for his country-nor can he live for his country, in the full sense, whose example is demoralizing, or, in any way pernicious. But he truly lives for his country, who, in all the walks of life and relations of society, does as much good and as little harm as possible, and always acts according to the disinterested suggestions of a pure conscience and a sound head. Whatever may be his condition-high or low, conspicuous or obscure-he, whose life exemplifies and commends the negative and positive virtues, personal, social and civil-who lives in the habit of pure morality, enlarged patriotism and disinterested philanthropy and whose conduct and example are, as far as known and felt, useful to mankind-he and he alone lives for his country. And hence it is perfectly true that a virtuous peasant in a thatched hut may live more for his country than many idolized orators, triumphant politicians, or laureled chieftains.

The noiseless life we have thus imperfectly sketched, illustrates most impressively the old fashioned truth, that "honesty is the best policy"--shows what may be achieved by industry, probity, and undissembled humilityproves how much better and more honorable it is to deserve than to seek preferment, and how certain modest merit will ever be of ultimate notice and reward--and may we not add, that it affords strong evidence of the important fact, that an enlightened mind, when once abstracted from the cares of earth or mellowed by affliction, will be apt to see the light and feel the value of the christian's hope, and to embrace, as the best of all books, the Chris tian's Bible?

Surely this was a good and a great manand most truly did he asseverate, on his exit from earth, "I HAVE LIVED FOR MY COUNTRY."

him, as he was, without any drapery from either fancy or friendship. Posterity would be greatly benefitted, and his own fame much exalted by such a portraiture.

Such is a brief outline of the life aud character of one of the best and greatest of men, hasThe life of John Boyle exhibits a practical tily and imperfectly sketched, by one who illustration of all the nobler and more useful knew him long and well, and who feels too virtues of our race. No man was ever more much respect for his virtues and reverence for chaste and upright in the whole tenor of his his memory to exaggerate or disguise the conduct; he had no selfish pride or sinister truth of faithful biography with any embelambition; he was punctiliously just and truth-lishment of empty panegyric. The best euloful; he was as frank and guileless as an artless gy of Boyle would be a naked exhibition of child untutored in the arts and ways of social life-his humility was most amiable and his benevolence unsurpassed. He always spoke as he thought and acted as he felt-and his sentiments were pure, and honorable, and al- The death of such a man, in the prime of his most always right. He devoted his life to the life, was a great public calamity. His inticultivation of his moral and intellectual facul-mate friends felt it most deeply, and regretted ties, and all those faculties were dedicated to that an inscrutable Providence had not spared the honest and useful service of his fellow-men him to delight and instruct the countrymen his family, and his country. He was a patriot whom he left behind him. Had he lived to a and benefactor in a pure and comprehensive sense. His heart was his country's--his head was his country's--his hand was his country's -his whole life was full of philanthropy and lofty patriotism-and his example, altogether blameless and benificent, presents a full-orbed But doubtless it was better for him to die and spotless model, worthy of all imitation. when he did. He had lost his dearest earthly In contemplating his character we see noth-treasure--his house had become, to him, desoing to condemn-much to admire.

As a lawyer, he was candid, conscientious and faithful--as a statesman, honest disinterested, and patriotic-as a Judge, pure, impartial, and enlightened--as a citizen, upright, just and faultless--as a neighbor, kind, affable and condescending-as a man, chaste, modest and benignant-as a husband, most constant, affectionate and devoted.

mellow old age, he would have enjoyed the ripe fruits of his earlier habits and toils, and have rendered inestimable service to his country in the example of a venerable, virtuous and enlightened Patriarch.

late--and, by his early death, he escaped all the infirmities of extreme age. He died full of honor and of hope, when his setting sun had "all its beams entire-its fierceness lost."

The worth of such a man is never fully known until long after his death. Posthumous fame is of slow growth, and never attains its full elevation until it has survived all personal prejudice and envy. Though Boyle We have heard his amiable and excellent died in peace with all mankind, and left not wife declare in his presence, not longer than a an enemy behind, yet his death was followed year before her death, that, notwithstanding by no sepulchral honors or postmortuary tesall the cares and crosses of domestic life, there timonial. No funeral eulogy, no public meethad never been a sour look, a harsh word or a ing, no Bar resolution, nor even obituary no

tice announced that he was dead, and that for ages. Boyle's illustrious deeds and rare Kentucky mourned. Nor has either marble virtues, if faithfully recorded and transmitor canvass, chisel or pencil, preserved any ted, will be long and gratefully remembered trace of his person. But this is just what he by approving posterity. And should a Taciwould have preferred. He desired none of the tus ever become his biographer, his name will empty pageantry of mock sorrow-his memory be as immortal and at least as much honored needed no perishable memorial. Like old as that of Agricola. Cato, he built his own monument-and one far more honorable and enduring than any marble cenotaph or granite column.

And now and henceforth, in all time to come, may every American youth emulate the Personal reminescences of the most revered virtues and imitate the bright example of John of our race moulder with their dead bodies, Boyle-and then, like him, he may be able and are soon buried forever with the dying honestly to declare, with the expiring breath generation that knew and loved them. Their that wafts him to eternity, "I HAVE LIVED deeds and their virtues alone may be embalmed FOR MY COUNTRY."

PRELECTION.

Lexington, Nov. 14th, 1842.

Dear Sir:-We, the undersigned, a Committee appointed on the part of the Law Class, are instructed to request a copy of your very eloquent and appropriate address, delivered before the Class on Thursday last. By acquiescing, you will confer a favor upon us individually, and upon the Class.

D. HOWARD SMITH,
JAMES L. ALLEN,
JOHN I. JACOB, JR.,
W. B. HENDERSON,
JOSEPH P. FOREE,

HON. GEORGE ROBERTSON.

Committee.

Lexington, Nov. 17th, 1842.

Gentlemen:-The little Introductory Address, for which you have been pleased to express such favorable consideration, was intended chiefly for yourselves and those whom you represent, and therefore it is yours to dispose of as you may desire.

Yours, respectfully,

Messrs. D. H. Smith, J. L. Allen, and others.

G. ROBERTSON.