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"He was well instructed in the great principles which underlie the administration of justice, and with inexhaustible resources always at command, he was never at fault for a reason or an argument. No man was ever able to master a case with greater ease and facility, or present it with greater clearness. If unsound, he was always plausible, if unprepared, he was always ready with the keen weapons of wit, irony, and argument; and if unable to convince, he never failed to hold the attention and interest the most learned and grave judges. No man was ever gifted with more fertility of resources, or knew how to use them with greater effect; there was about him that which made him a favorite among men of eloquence, learning, wit, and fancy. In fact, in this sphere he was the peer of all, and the imitator of none.

"He lived a life of devotion to his profession. He never sought or held public office. Simple and retired in his tastes and habits-a warm and generous friend, an open and manly adversary. He was alive to the obligations of charity, and dispensed with a lavish hand, to every good and worthy object. Many of the religious, charitable, and literary institutions of Albany are indebted to him for pecuniary aid and influence. For many years he was one of the vestry and a member of St. Peter's Church, in that city."

His abnegation of politics was more thorough than that of Mr. Hill or Mr. Stevens.

The secret of this was his utter distaste for those

practices and associations which are so necessary for the complete politician.

He was often solicited to become a candidate for office. In the autumn of 1831, a committee of gentlemen waited upon him for the purpose of tendering him the nomination for Congress for the Albany district.

After listening to their statement, he said:

"Gentlemen-I am not politician enough to accept

this nomination. If I should be elected, I could be of no service to you as a partizan."

"We do not care for that, Mr. Reynolds; we tender you this nomination for your talents and your qualifications for it," said one of the gentlemen.

"But I have just informed you that I have no qualifications for the office. I have no capacity for pulling the political wires, and if I attempted that delicate business, ten to one that I pulled the wrong one, and thereby ruined your best plans. No, gentlemen, you want a wire-puller; I cannot be that man, and, therefore, I cannot accept those honors which you have so courteously and generously tendered me," and the committee withdrew.

In his social relations, Mr. Reynolds possessed those qualities which accompany a refined and sensitive mind, and which made him beloved in the sacred circle of home.

From the year 1837 down to the adoption of the Code of Procedure, Marcus T. Reynolds, Samuel Stevens, and Nicholas Hill were leading lawyers in the State. The two former had been distinguished at the bar of the Supreme Court and the Court for the Correction of Errors, long before the latter appeared there; but soon after his removal to Albany, Mr. Hill, as we have seen, ranked with the ablest at that bar, and was considered a rival of Mr. Stevens and Mr. Reynolds. The three were constantly engaged in the principal courts of the State, sometimes on the same side, but more frequently opposed to each other. It is proper, therefore, in this connection, to consider the character of SAMUEL STEVENS.

He was a lawyer of rare accomplishments, an advocate of great power. He conducted his causes with dexterity, avoiding unnecessary exaggeration. Like Ogden Hoffman, he contrived to give interest to a dry detail of facts, by a happy adaptation of his mind to them; he could on the instant select out of a variety of matters those which would made the best appear

ance and be least exposed to observation and to answer; "he could estimate the probable case which was hid in his adversary's brief, and prepare his own to elude its force-decide between the advantage of producing a witness, and the danger of exposing him; if he represented the defendant, he knew how to apply evidence to a case new in many of its aspects, or take the grave responsibility of offering none. Besides the opportunity which the forms and mode of trial gave to the exercise of skill, the laws of evidence afforded him still greater play for his ingenuity and grounds of caution, possessing even on the most trying occasions imperturbable self-possession, always having a full comprehension of the law and facts in his case."

As a speaker, he was as effective before the court as either Hill or Reynolds; as a jury lawyer he was more successful than the former, because he was more emotional than he, more vivacious and vehement. His gesticulation was active and frequent, and he often illustrated his argument with a humorous story, which contained point and force. His good nature prevailed at the bar, always accompanied by a keen wit, which was ever at his command, and ever agreeable, because it never descended to pungent or of fensive satire. In his manner he was what might be called free and easy; his mouth was always occupied by a quid of tobacco, by no means belonging to the infinitessimal size. He was popular with the people, who thoroughly believed in him, and thus he had one quality of the successful politician, and he was more of a politician than either Hill or Reynolds.

He was first known to the political world as one of most able and eloquent supporters of De Witt Clinton in the State.

In 1825 he represented his native county of Washington in the Assembly, and although one of the youngest members of the House, was regarded as a leader of the Clintonians in that body.

In the year 1827, he was again elected to the Assembly. In February of that year, he delivered a speech on that part of the governor's message which referred to internal improvements, which for brilliancy, point and effect, was unsurpassed, while it established his reputation as a profound thinker, an ingenious reasoner, and an accomplished speaker. He afterwards identified himself with the Whig party, and in the legislative caucus held in February, 1839, was strongly sustained as a candidate for attorneygeneral; Willis Hall, of New York, was, however, the successful candidate, on a vote of forty-five to fortytwo. It was in this caucus that John C. Spencer was nominated for secretary of state. It is said that Mr. Stevens himself was quite indifferent as to the result of this contest. He was never again before the public for any civil office, excepting once, when he was nominated for lieutenant-governor.

In personal appearance, Mr. Stevens differed materially from both Hill and Reynolds. He was short, thick set, tending to corpulency-his eyelids were always partly closed, as though they were affected by the light. He was of a nervous temperament, active, energetic, and restless.

These three eminent lawyers, as has already been said, often opposed each other at the circuits, especially during the years 1835, '36 and '37. They were frequently engaged at the circuits in distant counties, and were always at the Schenectady courts.

When it was known at Union College that either of these distinguished lawyers was engaged in the trial of a cause, the court room would be thronged with students, as it was a custom of the faculty to excuse them from recitation on such occasions. When either of these advocates addressed the jury, "scarcely any sound could be heard except the pens of the reporters, and those of the opposing counsel taking notes."

At the Albany bar there was scarcely a case of im

portance tried in which one of the three did not appear as counsel. "They opened their briefs with apparent unconcern; stated complicated facts and dates with marvelous accuracy; conducted a cause with zeal and caution through all its dangers; replied on the instant, dexterously placing the adverse features of each side in the most favorable positions for their clients; and, having won or lost the verdict for which they struggled, as if their fortunes depended on the issue, dismissed it from their minds like one of the spectators. The next cause was called on; the jury were sworn; they unfolded another brief and another tale and were instantly inspired with new zeal, and possessed by a new set of feelings; and so they went on till the court adjourned." Among the many distinguished qualities which they possessed, there were two with which each was liberally endowed, and which were "essential to their splendid success-a pliable temperament and that compound quality, or result of several qualities, called tact, in the management of a cause."

Mr. Reynolds died on the 13th day of July, 1864, in the seventy-seventh year of his age.

Ten years previous to his death, owing to ill health, he retired from the bar, and nearly withdrew from former associations and society, save that of his immediate family. And at last his splendid intellect vanished from the dome of thought, and his last years were passed in mental darkness.

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