The first person of the name in Virginia was Edmund Waller, who
bore the name of the poet, and was probably his grandson, and who came
over in the beginning of the eighteenth century. His son Benjamin, the
future judge, was born in 1716, was probably educated at William and
Mary, and entered a clerk's office, in the duties of which he was
profoundly versed. He was appointed clerk of the general court before
the revolution, and attained to such distinction as a judge of law, that
he was frequently consulted by the court, and is said to have given more
opinions as chamber counsel, than all the lawyers of the colony united.
He was appointed chief of three commissioners of admiralty under the
republic, and as such was a member of the first court of appeals. It is
said that his decisions were always sound law, but that he would never
assign reasons for them. On the subject of the law of admiralty, his
opinions were equally conclusive with the court and with clients. He
died in 1786, at the age of 70. His influence, after the death of his
daughter, on the mind of his grandson, will presently be seen.
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