The Supreme Court of Georgia.

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of Rufus Choate, " was tost on the blanket which I am to attempt, I shall endeavor to of a popular election." The oscillation be single out in each case a sharp and clean-cut tween the two methods first mentioned shows feature; but I trust that this method, which that after the trial of either for any consider does not admit of mention of many qualities able period of time, the objections thereto which shade and set off the salient charac attract general attention, and public opinion teristics, will not lead to the misconception turns to the other method, lapse of time that my subjects were lacking in these con having softened the impression of the objec current but subordinate excellences. It tions to the latter. There have been some must also be understood that the political

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 : —