Letter from Counsellor Sampson.

NEW-YORK, Oct. 14^th, 1828.

"DEAR SIR,

"When you do me the honour to require my opinion of Mr. Clinton's legal character, I presume that more is intended than his merits as a mere lawyer, qualified for the ordinary walks of the profession. Long before I could know him, he had given up those pursuits, which probably did not comport with the bent of his genius or his ambition. It would therefore be no disparagement to suppose that he did not possess all the knowledge of technical rules and forms, or of book cases, which require long and exclusive devotion to their attainment, and are hardly retained in memory but by frequent and constant application. But he most undoubtedly was master of the great and leading principles of the laws and constitutions of his country, and of general jurisprudence; and when questions of difficulty came before him, there was none that could better or more promptly seize the true bearings of the case, and place it on its true foundation, and by the force of a discriminating and unsophisticated judgment, clear it from all perplexing embarrassments. The law never suffered by any judgment or opinion delivered by him, but often acquired additional dignity from his manly and liberal expositions. His official messages to successive legislatures were faithful tables of the condition and true interests of our state, and were never fairly and freely acted upon, but with great public benefit; and as a magistrate, a legislator, a jurist, and a judge, he stood equally distinguished, and never more so than when in the exercise of criminal jurisdiction, where a large discretion is given to the judge in apportioning the punishment in so many cases of misdemeanor, as well by statute as by common law, where broad views of human nature and its frailties, the absence of narrow prejudices, and moral courage to withstand all undue influence, are so essential. In this latter quality Mr. Clinton was characteristically and intrinsically strong.

"In the councils of the nation, in the councils of the state, in the court of last resort of this great and leading member of the union, he has left many monuments of an enlarged and comprehensive mind, that it would be difficult to select, and endless to pursue them in detail. The commercial part of our community, that important portion of our active population, feel and acknowledge his useful services. They know how instrumental he was in freeing their property from usurped authority, and slavish compliance with the decrees of foreign jurisdictions, made in direct opposition to our interests and to international justice and equality. He also recommended the passage of a law to secure our merchants and dealers from the danger of secret liens upon goods, in the hands of factors and other agents appearing as the absolute owners; but he did not live to see that suggestion carried into effect. It would far exceed the limits or objects of this letter to pursue this subject in its extent, or to point out the instances where the masculine energies of his mind had tended to overcome the force of prejudice, and open the way to such improvements as the progress of his age and country called for. It may, however, be but an act of justice to record and call to mind that he was the first chief magistrate of any state in this union, who ventured in the face of long-rooted prejudice, to recommend a complete code or digest of our laws. Of the utility, if not necessity of such a measure, the opinion of such a statesman is of itself some proof; the progress of that sentiment here and in England, where the great masters of law and jurisprudence have expounded it both in and out of Parliament, is a further confirmation; and however timidly and doubtingly received, as great plans of improvement often are, it may hereafter be added as a posthumous wreath to crown his well-earned fame.

"I am glad that the eulogy of your distinguished friend is in such good hands; in some points you have been ably anticipated, but the interest is still fresh, and your zeal undiminished. If this letter has any thing worthy your attention, it is at your service; make of it what use you think proper.

"I am, dear sir, your friend and servant,

"WILLIAM SAMPSON."

"TO DR. DAVID HOSACK."

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Transcribed from the original text and html prepared by Bill Carr, last updated 5/22/99.