until 1826, when he died at Newark, where political organization. Of course the dom inant party would make no appointment from he was born, and where he had lived all his long life except while Governor, when he re among its opponents. sided at Trenton. He was of an unsullied Judge Pennington's selection was a ne cessity; it seemed like an experiment, and character, both as a man and as a judge, many old and experienced lawyers sagely and possessed the confidence of the entire shook their heads when it was announced; community. He was the father of a large but he very soon convinced the bar, even family, among whom was William Penning the best of the profession, that he was far ton, for many years Governor and Chan better fitted for the position than was feared. cellor of New Jersey, a Representative in Congress and Speaker of the Lower House His native ability was good, his powers ma at the stormiest period in the history of the tured, and his industry untiring; and the law yers practising in his court soon learned to Republic, just before the breaking out of the confide in his judgment and to respect his Civil War. Judge Pennington, besides the two vol opinions. In 1806, mainly through the exertions of umes of Reports, already mentioned, wrote a small volume for the use of young lawyers, — Chief-Justice Kirkpatrick, the office of Re porter of the Supreme Court was created; a treatise on the small-cause courts. It was and the judges appointed Judge Pennington an excellent compilation, but has been su perseded by more modern works on the same to that position, which he held until his elec tion as Governor and Chancellor in 18 13, subject. Fifty years ago it was found in when he resigned, and Samuel L. Southard, every lawyer's library of any extent in New Jersey, and was then much quoted, being re another Associate, was appointed. Judge Pennington was an advanced law garded as final authority on all matters of yer, ahead of his times, and he had the force which it treated. William Rossell was not a lawyer; but he of his convictions. He did not believe in enforcing the antiquated abstractions of became through his indefatigable zeal and special pleading; and although he had a very by virtue of his sound intellect and great in great respect for the head of the court, he dustry, quite versed in the principles of the never failed, when he differed from his subtle science he was called upon to expound. chief, to express his opinions fearlessly and He was a saddler, and when raised to the dig decidedly. nity of third Justice of the Supreme Court In 1812 he was a candidate for Governor, of New Jersey, had but a smattering of legal which then included that of Chancellor, but knowledge. By what fortuitous circumstance was defeated. In 18 13 he was more success he was raised to the honor of the bench, is ful, and was elected. The next year, how not now known. It was, undoubtedly, a ever, he was again defeated. In 181 5 he political move. Judge Rossell belonged to was appointed by President Monroe to the the Republican party, opposed to the Feder office of Judge of the United States District alists, and was elevated by that party when Court of New Jersey, to succeed Robert in power. He is reported to have said that Morris, who died, after many years of ill the reason why he was selected was because health. This position was almost a sine there was no lawyer in the western part of cure. There were four terms during the the State, and that he had been persecuted year, — two held at Burlington and two at by the Federalists. He had certainly been New Brunswick; none of them, however, an active partisan, and it is probable that his rarely lasted more than a day. No grand appointment was a reward for political ser jury was ever sworn in his court, nor were vices rendered. At first his election was re any indictments found. He held this office garded with very great disfavor; and an act
