The opinions of Judge Porter in the reports of the decisions of the Supreme Court are magnificent specimens of learning, logic, and eloquence. Of every question he took a bold and comprehensive view, and the perspicuity of his style and the clearness of his ideas made all he wrote comprehensible to the commonest capacity. In his decisions he was merciless toward a suitor where he discovered fraud, or the more guilty crime of perjury. His wit was like the sword of Saladin: its brilliancy was eclipsed by the keenness of the edge. In debate he was brilliant and convincing; in argument, cogent and lucid; in declamation, fervid and impassioned, abounding in metaphor, and often elucidating a position with an apposite anecdote, both pointed and amusing. His memory was wonderful, and his reading extensive and diversified. He had so improved the defective education of his youth as to be not only classical, but learned. Impulsive and impetuous, he was sometimes severe and arrogant toward his inferiors who presumed too much upon his forbearance. In his feelings and social associations he was aristocratic and select. He could not tolerate presumptuous ignorance; but to the modest and unobtrusive he was respectful and tolerant. For the whining hypocrisy of pretended piety he had the loftiest contempt, while he gave not only his confidence, but his most sincere respect, to him whose conduct squared with his religious professions. He was a Protestant in religion, as his father had been; but was superior to bigotry or the intolerance of little minds and lesser souls. Like all men of exalted genius, he was erratic at times, and uncertain in his temper. He died without pain, bequeathing his large estate to his brother, with legacies to his sister in Ireland, and to some friends there. To Mr. Clay he left his great diamond ring. He had, at his death, attained only to the age of fifty-seven years. Like Judge Martin, his besetting sin was love of money; but he was not a miser. To his slaves he was remarkably kind and indulgent, never permitting them to be persecuted by any one, and always treating them with paternal kindness—attentive to their comfort, furnishing them with good houses, beds, and an abundance of food and clothing—indeed, with everything which could contribute to their comfort or happiness. His hospitality was not surpassed by any gentleman in all the land. All who have visited at Woodlawn, the beautiful and beautifully improved residence of Judge Porter, will remember the warm Irish welcome and luxurious hospitality of its accomplished and talented master.
Thus have I attempted a slight sketch of the characters, minds, peculiarities, and services of these eminent men and jurists, who reduced to order and form the jurisprudence of Louisiana. It was the eminent abilities and extensive legal learning for which they were so eminently distinguished, as well as the stern integrity of each one of them, which prompted the executive of the State to select them for this delicate and onerous position. At this time, there were not three other men in the State combining so fully all these traits. Their long continuance in office systematized the law and the proceedings in the courts, making order out of chaos, and building up a jurisprudence not inferior to that of any country. Under the peculiar circumstances, this was no very easy or enviable task. The country was now American, and it was important that the judicial system should approximate as nearly as possible to the American system, and, at the same time, preserve the civil law as the law of the land. This law is a most beautiful system of equity, and is disrobed of many of the difficulties which surround the common law, and which oblige in every common-law country a separate and distinct system of equity.
The criminal code was that of the common law. It was so radically different from that which had heretofore prevailed in the country, that it was absolutely necessary, in order to secure to the accused the trial by jury, that this change should be made.
Owing to the extended commerce of New Orleans, many cases arose of contracts made in the common-law States, and this must control these cases. To reconcile and blend the two systems became, in many of these, a necessity. To do this required a knowledge of both on the part of the judges, and this knowledge, in order that no error might misdirect, should be thorough. It was happily accomplished, and now the system is clear and fixed, and will remain a monument to the learning and genius of this court.
Of the three judges, Matthews alone left descendants, and he but two—a son, who soon followed him to the grave, and a daughter, who is still living, the accomplished lady of Major Chase, formerly of the engineer corps of the army of the United States.
AMERICANIZING LOUISIANA.
Powers of Louisiana Courts—Governor William C.C. Claiborne—Cruel O'Reilly—Lefrenier and Noyan Executed—A Dutch Justice—Edward Livingston—A Caricature of General Jackson—Stephen Mazereau—A Speech in Three Languages—John R. Grymes—Settling a Ca. Sa.—Batture Property—A Hundred Thousand Dollar Fee.
The Supreme Court of the State of Louisiana differs in this from that of the other States: it has jurisdiction as well of the facts as of the law.
In the trial of all cases in the district or lower courts, the testimony is made a part of the record, and goes up to the Supreme Court for supervision, as well as for the enlightenment of the court, which passes upon the facts as well as the law; thus making the judges in the lower courts merely masters in chancery, with the exception, that where the decision of the judge is considered correct, it is approved and made the judgment of the Supreme Court.