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Updated: June 29, 2025
M. le Duc d'Orleans had passed into a cabinet, where I found him alone with Canillac, who had waited for him. We took our measures there, and M. le Duc d'Orleans sent for the Attorney-General, D'Aguesseau, afterwards Chancellor, and the chief Advocate-General, Joly de Fleury, since Attorney-General. It was nearly two o'clock.
"This day, sir, will be famous in history," said the Duke of Noailles to the new cardinal; "it will not fail to be remarked therein that your entrance into the council caused it to be deserted by the grandees of the kingdom." Noailles was exiled, as well as d'Aguesseau. The great lords had made a decided failure in government.
But this is not the occasion, Sir, nor is it for me to consider and discuss at length the character and merits of Mr. Justice Story, as a writer or a judge. The performance of that duty, with which this Bar will no doubt charge itself, must be deferred to another opportunity, and will be committed to abler hands. But in the homage paid to his memory, one part may come with peculiar propriety and emphasis from ourselves. We have known him in private life. We have seen him descend from the bench, and mingle in our friendly circles. We have known his manner of life, from his youth up. We can bear witness to the strict uprightness and purity of his character, his simplicity and unostentatious habits, the ease and affability of his intercourse, his remarkable vivacity amidst severe labors, the cheerful and animating tones of his conversation, and his fast fidelity to friends. Some of us, also, can testify to his large and liberal charities, not ostentatious or casual, but systematic and silent, dispensed almost without showing the hand, and falling and distilling comfort and happiness, like the dews of heaven. But we can testify, also, that in all his pursuits and employments, in all his recreations, in all his commerce with the world, and in his intercourse with the circle of his friends, the predominance of his judicial character was manifest. He never forgot the ermine which he wore. The judge, the judge, the useful and distinguished judge, was the great picture which he kept constantly before his eyes, and to a resemblance of which all his efforts, all his thoughts, all his life, were devoted. We may go the world over, without finding a man who shall present a more striking realization of the beautiful conception of D'Aguesseau: "C'est en vain que l'on cherche
He received the letter on the 24th of May, gave it the next day to D'Aguesseau, attorney-general, and ordered him to commence a suit against Cardinal de Bouillon, as guilty of felony. At the same time the King wrote to Rome, enclosing a copy of Bouillon's letter, so that it might be laid before the Pope. This letter received little approbation.
Voltaire's translation of the Principia, which he was prevented by the Cartesian chancellor, D'Aguesseau, from publishing until 1738, overthrew the reigning system, and gave a strong impulse to scientific inquiry. Induct. Turgot mastered the new doctrine with avidity.
M. de Luxembourg was accordingly received at the Parliament on the 4th of the following May, with the rank of 1662. He came and visited all of us, but we would have no intercourse with him or with his judges. To the Advocate-General, D'Aguesseau, we carried our thanks. Thus ended this long and important case; and now let me go back again to the events of the previous year.
He had received orders to withdraw to his estate at Fresnes; the Regent found his mere presence irksome. D'Aguesseau set out at once. "He had taken his elevation like a sage," says St. Simon, "and it was as a sage too that he fell." "The important point," wrote the disgraced magistrate to his son, "is to be well with one's self."
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