The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-12
-TAs LATE CHIEF JUSTICE DUER.


meeting ~ tAs Beach and shs Bax - ExEwsas
sAsAr Regret at - Lsss-0pssshss a J~ags
Boswsxeh, Mr. Bestamin #. Bstlex, james
r. Brady ana OshsrA
Pursuant 70 . call made, there We . meeting Of The
Hsnbsss 81 The bench and the bar Of TIN city held
yssssrday, the Superior Court trl room, 70 cypress
Asx ~ NE Ices the profession and The community
have sustained in the death Of Chief Justice Duer The
filed 70 its utmost capacity yet, had TINS nos
been The vacation when many Of the lawyers and JUDGES
out Of town, . larger room should have been ~
kctsd 70 contain the numerous admirers and friends
Of che late John Duer
Amongst those present We noticed Hon Judges BIOS
worth, Hoffman, sosson, Pierrepont, Of the Superior
Dvurt; Oerke Of the Supreme Court DAILY and Hilton OF
Ne Common Pleas and Judges Bronson, MITCHELL o.
Gen. Edwards, Emmett, Pesbody Whiting and Green.
n-Chef Justice BRONSON called the meeting to order,
40 moved that Judge Bosworth now the senior and pre-
sxag justice Of this court do take the CHAIR which was
earned.
On Notion Of Mr. JAS BRADY, Judges Hoffman, sosson,
woodruff Perrepont Belts (of the United States Cour)
CSerke and DAILY were appointed vice presidents
On motion Of Mr.. SrouGHroy, Aessrs- Benz D. slhmAn
FRANCIS Il. Dykers requested to act Is score
lodge BoswoKrB then rose, and q tremulous voice,
and evidently sborng under deep emotion spoke a. fol-
ews:-
Ny BRyfsxS or The BAR AND GEyuKnEs- feel entirely
Incompetent 70 say anything On me prese11 0csaon
CHEERS occupying the relation to the distinguished
man whose death We deplore At the same time deem
some things IN respect TO the deceased, which attached
me 70 him and made my affection for him, personally, rs
ABILITY and unsllhed integrity. ] had no acquaintance
with him PRIOR 20 my election 40 q member OF the
Ss h .pnn9 sSd :. the duties Of which he
hiss performed with untirne industry and fidelity.
in the light OF this brief personal acquaintance that
sa speak OF deceased brother trusting that others
will present the comprehensive and extended view
which required 10 present him IS he was and as he
ved and 70 do justice TO his worth and services That
scqusinsance commenced the fall Of 1851 Conscious
~ h great genius and OF his superior learning as well
= Of as larger experience apprsasnasd without snow
less mature than his own, and that he possessed
senaciy OF impressions and opinion that might render
consultations with those whom he could not but regard
l interiors; sometimes unsatisfactory, If not unpleasant
But II gives me pleasure to say that never met one
who treated opinions adverse 70 bis own with more
courtesy, or discussed questions giving rise to
TIC. Of views with Kindness or who strove more
. prevent . final dis.greement Of opinions, when
the slightest temporary Dissatisfaction, than himself
Whether the credit Of the Court ITSELF or not, still is
true In fact, that the most kind personal relations have
always existed between lis members So strong and I'M
broken has been this personal cordially that do not
think any one member O; has failed TO desire the
eectop Of an incumbent whose term was about to expire
Whatever might be his politics, and whoever might De his
competitor And have no reason TO doubt that this WAS
rust true, at the time o my first election and rightly
az any election that has since been held. He
81 all times resou.e and firm in his resistance 70 all
efforts dRpace faithful subordinate officer Of
The court, and hl his place with another, po-
btcal grounds. Although il has become . practice
ioT sscI party 70 Ss
view that judges could not add 70 dignity Of their Office
70 their claims 70 personal confidence and respect by
exercising OF their powers for the mere purpose Of
prescribing suoaerns who faithful and competent,
account OF their potic al opinions No man more
industrious lahored longer, faithfully than be-
He was SO constituted could be inactive. he
read much, and probably no JUICE IN the state
e.emeptsry restse ana every volume OF reports from
time 10 time, and as they were ISIS 1ed from the press
Even after the casualty which fractured his right leg
early in January last and for many long weeks confined
him fixed posture 10 his bed, he was constant read
As be could cit up in his bed, aud before he
the calendar for the sixth volume Of his reports
when last disabled by super added m.ades, they had
prined No judicial opinions excel his own in cIearness
1lness OF illustration, In beauty OF style, IN the vgor
Of their logic, or In the richness or variety oil learning by
which they supported However strong may have been
the impress ions he had formed on the argument OF
cause the statement and argument Of presented II,
happened that these impressions had been formed
in the absence from mind OF any fast which should
justly Affect the result, one more readily than himself
gave ia just effect, when presented TO MS mind
called 70 his attention. and yielded much previous
the truth and the law OF the case required
But xbeu his conclusions were deliberately formed upon
consideration o. all the facts and careful examination
az the law, they all would expect the concu.
sscns Of man Of strong mind and great learning
He had another mental habit. will not say II s pecu.
liar, bui not common certainly not IN the degree that
characterized him. BE rarely, If ever, attempted TO
write an opinion until his examination OF case and OF
Authorities bearing upon II, had been fully made and
completed Tne merta process was pursued until no new
fore be began write Writing was not 10 him an aid or
assistant the comparison OF Authorities. or in reaching
legal conclusion which, together, they tended TO es
fabian Hence most Of bis opinions, even when delivered
a. length, were al the time unvren Hence they were
delivered with as much precision OF language,
AZ Ia a III
he wrote And when he came TO write,
was rare that any page Of the whole vas dsfgured With
all who do not already kuos this fact 70 inspect the
manuscripts Of his longest and most elaborate opinions
OF internned From regard 70 bis convenience con-
sutatons were generally held al his house n neoce-
sry consequence, those Of his brethren who have been
sssocs,ed with HIM for years, have met him weekly,
during the whole time nj his own hrcsde, and
him and each member OF his family, and the sever
" Of the bereavement inflicted upon Them by bis death
have seeen him In health and vgor in cheerfoness and
hone also him the foeoeness OF hs exhaust
ed powers and though the last Interview was sal one
regret that occurred Hearing that he was fee
bic, but hearing nothing 70 excite alarm visited him al
The residence Of his son on Island the Both OF
July. This the last time that saw him He had been
sinking rapidly Tor several day. soa mao ocea aeprseS
ny person either side OF him, 90 account OF bis great
debhy, Jet when our eyes met the plscd and friendly
sme that lighted his counter and the pressure OF he
hand, though gentle he vAny strove 70 speak told me
wS recognized and welcome, and that ne would n
ne Oouiaf nave hsao someshinki tu~s HsW usNe
been well for 70 hear and ponder Bat ms earthly
career q closed. He born ~ Albany 10 l7s2 In q
house still standing His mother Was then With her 70
ther who had an Important command the Northern
parmeni Of army Of the Revolution, and residing
IN Albany. In contemplating this sat bereavement, i
cannot forget that In the six brief years have been
member OF the court Of which he the honored Chief
Justice Of hts deoesse, others Of his brethren
have also fallen Frst Lewis H Sanford In the prime Of
lae and with greai capacities and qualifications, and
most able and efficient Judge, suddenly removed from
this Geld a abor by the great destroyer Next and after
n nr n "
lSt BY his death the court was dc.
prived Of upright and able Judge He had suffered
much from previous Nj health that he was
able accomplish marked results, his abilities,
with good health, would have enabled him 10 produce
Next, and but little year since TbomS oakley,
theu the Chief Justice Of this Court also dedwhen he
died, truly great ceased 10 live. he had been
Judge Of Court from the time Of Us organization He
bore himself heroicay through all The sstuds and
liz. IA