MEMOIR OF DE WITT CLINTON
APPENDIX
NOTE K.
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CHANCELLOR KENT'S NOTICE OF MR. CLINTONS LEGAL OPINIONS.
Letter from the Hon. James Kent, LL.D.
"NEW-YORK, Oct. 6, 1828.
"DEAR SIR,
"Agreeably to your request, I send you a memorandum of the judicial opinions delivered by Governor Clinton, while he was a member of the Court of Errors. Though I cannot subscribe to all their conclusions, yet you will find them to have been ably written, and they do much credit to his vigorous power of reasoning, and the force and fervour of his style.
In Feb. 1802, he delivered an opinion on the great and much contested question respecting the effect to be given to foreign Admiralty decisions. - See his opinion in 2. Johnson's Cases, 457. And 2. Caine's Cases in Error, 283.
In 1807, he gave an opinion on important points in insurance law, and another on nice and technical questions arising on pleadings. - See 2. Johnson's Rep. 543. 565.
In 1808, he gave an opinion on the Judiciary Act of the United States. - See 3. Johnson's Rep. 560.
In 1808, he also delivered an opinion of much force and eloquence relating to the valuation of the Rose Hill estate, on York Island. - See 7. Johnson's Rep. 617.
In 1809, he discussed at large in one of his opinions the doctrine of Libel. - See 5. Johnson's Rep. 434. 528.
In 1810, he delivered several opinions arising upon the discussions in the highly litigated case of John V.N. Yates, respecting the power of commitment for Contempt, and the construction of the Habeas Corpus Act.
Some of these opinions are models of judicial and parliamentary eloquence, and they all relate to important questions affecting constitutional rights and personal liberty.
You will be able to see the books referred to in every lawyer's library, and I think you will find the opinions I have mentioned to be well worth your perusal. They partake more of the character of a statesman's discussion, than of that of a dry technical lawyer, and are therefore much more interesting to the general scholar.
"Yours sincerely,
"JAMES KENT."
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