remembered as almost prophetic, and imbued with an astonishing prescience.

After serving through the session of 1847-8,-discharging his duties with great ability and exactness, he retired from the cares of office, and from the political field, to the duties of private life.

Dudley Marvin was, as has already been stated, above the middle size, rather portly, but with a figure finely proportioned. His countenance was indicative of his gifted mind-handsome, open, and intelligent. He had a remarkable presence, in which dignity and urbanity combined. One of his talents, the one which most distinguished him in private life, was a rare turn of pleasantry, which was delicately ironical, and which tinged his vast fund of anecdote with a most pleasing interest.

He was fond of the society of literary men, with whom he always felt himself at home. He was deeply read in history, ancient and modern, posessing a critical and refined taste. His favorite poets were Spenser, Shakespeare, and Ariosto. He used to say of Pope, that he was the most Roman of all the British poets, and the least offensive in his Romanisms.

With the odes and satires of Horace, he was perfectly familiar, from which he often, in his speeches and conversation, made natural and pleasing quotations, among which was the following: "Prometheus was obliged to add to that original clay with which he formed mankind, some ingredient taken from every animal, and, thus he applied the vehemence of the raging lion to the human breast; and hence," said he, "we have soldiers, warriors, laws, and-lawsuits, &c."

The kindness and generosity of Mr. Marvin overcame all acquisitiveness, rendering him extremely loose in his financial affairs. During a portion of his life, he paid but little attention to his pecuniary

engagements, forgetting them in the demands which his profession or the cares of office made upon him.

The late Mark H. Sibley, who always held Mr. Marvin in high esteem, used to relate an amusing incident illustrative of this feature in his character.

"On one occasion," said Mr. Sibley, "at a time when he was much embarrassed in his money matters, he came to me with a note against a man residing in one of the western counties, which amounted to five or six hundred dollars, and which had several months to run before it would become due, desiring me to take the note and advance him the money upon it. Believing the maker to be responsible, I did so. Some time after the note came to maturity, I wrote to the payor requesting payment; he replied by pleading the pressure of the times, and requesting some further time for payment. Time passed on, and payment continued to be delayed.

"At length, learning that Marvin was about to visit the place where the maker resided, on professional business, I called upon him, and requested him to take my note and collect it for me, which he readily consented to do. Amid the multiplicity of my professional engagements, the matter nearly passed out of my mind. One day, however, I met Mr. Marvin, and it occurred to me.

"General,' said I, 'what about the note against Emerson? How did you succeed with it?'

666

"O, admirably; admirably. I saved the debt for you, Mr. Sibley, and it's all right.'

"I am glad to hear you say so.

funds? I asked.

666

Where are the

Why, I took the money, and used it as occasion required,' was the reply.

"Yes, General, I see. But you do not call that securing my debt, do you?'

666

Why, certainly.'

"In what way? I inquired.

"By changing securities, to be sure. You hold

me now for the demand, instead of the maker of that note, and I think I am entitled to considerable credit for the manner in which I managed that matter for you. When you have more debts of the kind to collect, I will cheerfully aid you to the extent of my ability,' said he.

"The sincere and business-like manner in which he said this, was perfectly amusing to me; and although, from the general's circumstances just then, my security was not the most satisfactory, I replied to him:

"General Marvin, you are a most excellent financier-I think you are improving-but allow me to inquire to what length of time the new security extends the payment?

"O, indefinitely, indefinitely, Mr. Sibley, with usual interest.'

"More prosperous times in his affairs came round. at last, and my debt, principal and interest, was fully paid, for he was an honest, high-souled man."

Dudley Marvin was always highly esteemed by his professional brethren, and by the judiciary throughout the State. Whenever he arose to address the court or jury, he commanded the most profound attention. Always dignified and composed; always master of himself and his case.

He died at Ripley, in June, 1856, in the 71st year of his age. The intelligence of his death was announced in the various courts, and by the press of the State, in language that exhibited the high position which he held in the mind of the public.

30

ALBERT H. TRACY.

His Character among the Lawyers and Legislators of his day.-The Condition of Affairs when he entered Public Life.-His Endowments.-His Father a Distinguished Physician.-Albert Commences Study of Medicine with him.-Removes to Madison, New York.-Discontinues the Study of Medicine and Commences the Study of Law with his brother, Honorable Phineas L. Tracy.-Removes to Batavia, New York.-Is admitted to the Bar.-Removes to Buffalo and Commences Practice.-Two of his earliest cases described.-The Plea of Infancy.— Prospects of Defeat.-The Discovered Family Record.-Defeat Turned to Victory. The Condition of Politics during the first years of Tracy's Practice.-He is Elected to Represent his District in Congress.-Events of the Sixteenth Congress.-Contest over the Application of Missouri to become a State.—Mr. Tracy engages in it. Henry R. Storrs.- Robert Monell.- Nathaniel Pitcher.-Mr. Tracy as a Speaker.-Sharp answer of Gerard.-Tracy's Speech on the Missouri Question.-Compromise of Mr. Holmes.-Admission of Missouri.-Mr. Tracy Re-elected to Congress.-Becomes a Friend of Martin Van Buren.-The Federal Party.-Van Buren as a Politician.-Tracy in the Social Circles of Washington.Van Buren's Proposals to Tracy.-Governor Clinton offers to appoint him a Judge of the Supreme Court.-The Offer Rejected.-Is urged to become a Candidate for United States Senator.-Reasons for Declining.-Tracy Elected to the State Senate by the Anti-Masons.-Great Victory of the Democrats in 1829.Tracy Sustains the Anti-Masons in the Senate.-Is aided next year by Seward, Maynard, Talmadge, and Cary.-Character of Trumbull Cary.-Tracy continues in the Senate eight years.-Character and number of the Legal Opinions written by him while a Member of the Court of Errors.-Retires from the State Senate.— Tracy a Candidate for United States Senator.-His high Claims for the Office.The Whigs sustain N. P. Talmadge, a recent Democrat.-Talmadge Elected.— Tracy unites with the Democrats.-His Reasons.-Would have been Vice-President instead of Tyler, had he remained with the Whigs.--General Harrison offered Tracy a place in his Cabinet.-Declines.-Returns to the Practice of his Profession.-Thomas C. Love.-Tracy Retires from the Bar.-His Life in Retirement. His Love of Literature.-Tracy's Opinion of Bulwer as a Writer and Critic.-His Conversation with a Friend as to Bulwer's Remarks upon Young's Night Thoughts, Childe Harold, &c.-Tracy's Opinion of Scott as a Poet.Tracy as a Conversationalist.-Opinions of Webster, Cass, and others, as to his Conversational Powers.-Tracy as a Critic.-Mr. Dorsheimer's Description of his Characteristics.- Tracy's Personal Appearance.- Failure of his Health.- His

Death.

AMONG the eminent lawyers, as among the legislators of the active period of his day, Mr. Tracy occupies a place in the foremost rank. He entered the political field when very young, to contend with men

of the highest capacity-with the great partizan leaders of that period, and so successful was he in the contest, that his own fame has been entwined with theirs. He entered public life, when partizan strife was peculiarly acrimonious, and he showed himself above the narrow spirit of the common politician. There was in his nature a calm philosophy which never forsook him in the sharpest controversies, which contributed greatly to protect his genius, imagination, taste, and sensibility from the dangerous influence of public station-a philosophy which threw a hue of poetry over politics, softened the asperities of his nature, and covered his faults.

His endowments were of a useful, and in a measure commanding character. He possessed sound sense, ready memory, and vast industry, a thorough acquaintance with business in its principles and detail, a thorough and perfect knowledge of the law, theoretically as well as practically, while he understood politics from participating in their details.

His mind was of a very high order, and in many respects original; he was never highly distinguished as a public speaker, yet in that capacity, he attained a respectable position. But his conversational powers were unsurpassed. In private conversation, his language indeed his oratory, was graceful, naturalabounding in flowers of various hues mingled with the closest reasoning. So that his arguments--his narratives, seemed spontaneously to clothe themselves in the most pointed terseness--and anon, in the most luminous statement, and then, in the most apt and felicitous antithesis. This rendered him a pleasing and valuable companion, and an ornament to the polished society in which he moved. His rare ability as a writer is evinced in the various documents, legal opinions, and other works, which he has left behind him.

Albert H. Tracy was born at Norwich, Connecticut, June 17th, 1793. His father was Doctor Philemon