Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-06-05
N, thc Meath of Judge Mclean.


In the Circuit Court of the United States, on
Monday, the following proceedings were had on
the death of Judge Mclean, late Associate Justice
of the United States. Hon. THOMAS A. HEN
pRIcKs addressed the Court as follows:
My please tho Court:
have been honored with the duty of present
! ing TO the Court series of resolutions adopted
by the Bar. in commemoration of the death OF
| Hon. John Mclean. Iwouid have desired that
| more experienced member of this Court had been
designated for this duty; some one of the many
| able and learned gentlemen now surrounding me,
who for many years have been the ornament of
| the Court and who enjoyed an association with
! Judge Mclean for longer period, and more in
timately than was my privilege From them,
words Of euogy upon the subject OF the reSOlu-
tions, would have been peculiarly suitable. But
my regret is modified by the assurance that some
OF them will add to what it may be proper for me
to say upon this occasion.
Since the last term of this Court the Hon. John
| Mclean, the presiding Judge, has been sum
moned from his Court upon earth to the Court of
Heaven. His death took place at his residence
near Cincinnati, Thursday, the 4th day of
April, 1861 His last sickness is supposed to
have been superinduced by cold contracted dur
ing the winter, and which he neglected, because
| of the pressing duties devolyed upon him, in the
| Supreme Court, then in session.
John Mclean was born in Morris county, in
the State of New Jersey, on the lth of March,
1 l7o5, and at the time of his death was seventy
| six wears of age While he was vet a boy his
father removed, first to Virginia, then to Ken
tucky, and in 1897 to Warren county, Ohio.
Cincinnati was then village, and the country
between that place and the site upon which Leba
non has since been built, was wilderness. There
were no opportunities of acquiring an education
in the law at the wilderness home of his father,
and at the age of eighteen John Mclean, moved
/ by the spirit which subsequently carried him to
such nights in profession, sought an oppor-
tunty to study law in Cincinnati, and to enable
him to do so he bound himself to the service of
the Clerk of the Court of Hamilton county. For
three years he pursued the studies of law and
literature at Cincinnati with great assiduity and
success. Having completed his preparatory
studies, and been admitted to the bar, in loO7 he
returned to the county of Warren, and at the vii
lage of Lebanon, for five years, pursued the prac
tice of the law, dividing his attention somewhat
with editorial duties. In the practice he seems to
have been distinguished for industry, method,
and clear perception of the questions involved
in his causes. In 1912, at the early age of TWEEN
ty-seven, he was elected the Representative in
Congress from the Cincinnati district. In 1914
he was re elected, receiving the most unusual
honor of the unanimous vote of his constituents.
In 1916 he resigned his seat in Congress to ac-
cept position on the bench of the Supreme Court
; of Ohio, to which he had been elected by the
! unanimous vote of the Legislature. For six years
, he held that high Office, and contributed largely
to establish the system Of legal practice and the
jurisprudence of that great Commonwealth. In
1892 he accepted from President Monroe the
Office of Commissioner of the General Land
Office. which he held but for one year.
Your Honor will unite with me in bearing testi-
mony to the wearisome labor and great response
bility of that position, and to the fact that, how
ever often the decisions of other Commissioners
, might have called for review the cases that un-
derwent the examination and adjudication OF
Commissioner Mclean but rarely came up, like
restless spirits from the files to trouble his
sors. In 1923 he appointed Postmaster
: General which office he held during the residue
4 of Monroes administration, throughout the ad-
| ministraticn of Adams, and until lo29. During
that time he reduced that important branch OF
the public service to vigorous and efficient sys-
TEN. In 1899 he resigned the office of Postmaster
I General to accept a seat upon the bench OF the
Supreme Court of the Unted States, rendered
, him by President jackson. In January, 1880
Judge Mclean entered upon the discharge of his
duties as one of the Justices of the Supreme
7 Court of the United States, and continued in
their faithful discharge until the close of the last
session of that Court, being period of thirty
. one years.
This hasty review of his life discloses the str
e king fact that, from 1912 until 1861, period
n lacking but few months of half a century, the
Hon. John Mclean held. without interruption
high and responsible public offices, involving the
= discharge of duties affecting the interests anC
r. welfare of both the Government and the people
and that. during the whole time he retained, To
: remarkable degree, the public confidence. Hi
:, p~bc record is now complete, the last sylabl,
has been recorded. hut few errors assignee
n upon it, and, being submitted TO that high tribu
!. nal-the enlightened opinion of mankind-th,
II judgment of approval is pronounced. Such in
stances of public confidence, so long continued
r and unabated, in the history of free gov
ernments.
o In this Court. and to gentlemen who knew
= him, need not speak of the bearing and addres:
. of Judge McLean-of his lofty manner and com
!. mandng presence, so happily combined witt
Il courtesy and kindness, that he was always ad
n mired, respected and loved, and so that, whil
. before him the most experienced, learned ant
= powerful of the profession dare not assume t
. control the court trench upon its prerogatives
a at the same time the most youthful and scnsativ
a sons of Blackstone felt the hand of the cour
e kindly supporting them, and that their argu
n ments appreciated and their authorities re
e spected.
4 AS a citizen and n patriot. his sentiments ant
N conduct are worthy of study in these troublou
,e times. When fanaticism and bigotry, self-wille
70 and perverse, demanded disregard of the re
et quirements of the Constitution, and the laws o
Congress enacted pursuant to its provisions, an
\. that private judgment should be enthroned an
3 individual conscience substituted for law and th
ts authority of the government the sentiment OF hi
10 decisions was, the Constitution in all of its pro
b. visions and in its spirit must be preserved, tn
NJ laws executed, and the authority of the Govern
Nj ment maintained.
No will not say much Of Judge Mclean mar
Iv His whole life was but an illustration of his vii
tpo In "a, e1o anfa .ftto rprn
N nent and striking because of the absence of othe
excellent qualities. In him it seemed that all tn
Il. qualities were happily blended, which 60 to max
Ell up the character of the yirtuOus man. True
r. man, and faithful to the religion which he pre-
rn fessed, his life an example and encourage
ment to virtue and a rebuke to vice, and deaf
III closing such career calls to mind the lines
Z one of the most gifted of the English poets:
d. ''The virtuOus man,
ts he who leads
bs InvincbIy life of resOldie good;
- His mild eye beams benevolence more;
- withered the hand outstretched but to relieve;
,;s Sunk reasons simple eloquence, that rolled
!. - But 10 appal the guilty. Yesl the grave
n Hath quenchd that eye and deaths relentless frost
RS Withered that arm; but the unfaded fame
al Which virtue hangs upon its votary's tomb,
The deafhless memory Of that man, whom kings
. Cali TO their minds and tremble; the remembrance
'tt With which the happy spirit contempates
it II well spent pilgrimage on earth,
all Courteous, patient, impartial, laborous in h
on Investigations, OF quick perception and compr
rs hensve views, Judge Mclean combined I'll
ne qualities OF great circuit Judge in a remarkab
he degree; and to these qualities he was mainly il
lst debted for his great popularity in the trial
ers causes on the circuit Fur thirty one yeIrs |
To- shared the labors of the Supreme Court, and
de his reported opinions he has left monumeI
no ''more durable than brass" Without arroganc
Is, may We not claim for the Supreme Court of II
or United States the highest authority and ii
first rank among the judicial tribunals of Il
ell world? Before it are brought cases involvin
in interests OF the largest magnitude, commandir
Dw the rarest talents of the bar.
er know that with veneration approaching a
e., most to awe. we regard the authority of Wes