Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-07-26

] lthIh 10 phtiAuto HNOp tut ugihb iuNo'
We mourn In him the passing away as it
were Of SOME great principle Of the Con-
stitution. Where shall we find his sue
cessoy7 From amid the desolations Of
civil war--from the ruins Of crumbling
States and institutions, mournful and re-
lproachGul echo answers "Where !"
But the most chasto aud appropriate
tribute to the worth and character Of the
lamented Chief Justice was the report Of
the Committee of gentlemen who had been
appointed by the chair to draft the resolu-
tions. The following named gentlemen
composed the committees Hon. Reverdy
johnson. VIM. Schley, William Price,
| w. II. Collins, Il. Parkin Scott, George
NJ. Gill, j. hewitt Steele, st. George w.
Teacklo, Robert ]. Brent, George VIM.
Brown, S. L. Wallis and William NJ.
Merrick.
Their report was as follows, read by
VIM. Wallis
The Chief Justice OF the Supreme Court of
the United States, the Hon. Roger Brook
Tauey, of Maryland, having been removed,
by death, from the exalted station which his
talents and virtues had digni6ed so long,
| The members of the bench and bar OF Bal
timore, assembled to testify their sense of q
calamity, so grevous to the profession and
the country and so full ofsorrow to themselves,
| have accordingly
| Resolued, That the loss which ,the public
interests and service have sustained in the
death of this illustrious magistrate can, with
officially, be measured or repaired. Born
amid the struggles which gave us independence
be was cast in the mould OF the greatness
which they fashianed. lie learned. from the
| lips Of the Fathers of the Republic, the con.
sttutional doctrines and free principles upon
which they grounded their hopes Of It's stabi
ity; and he was taught by his own instincts,
and nurtuted by their precepts and example,
in the stainless purity, the noble selfdevotion
and manly fidelity to duty, which were the
glory Of those better days.
| To grasp and comprehenaveness of intel.
lect which no problem of jurisprudence could
embarrass, he united an acutness and vgor
OF analysis and a broad sagacity in the appre-
citation and application of principles, which
rose to the level of genious. Though he had
studied his profession until it's science was in.
grained in his mind, he was attracted to that
learning only which illustrates right, and had
the wholesome contempt of great soul for the
subtlsties which pervert IT, As an advocate,
be was gifted alike with ingenuity, persua.
siveness and power; possessing, in rare
degree, the passionless but effective eloquence
Of pure logic and unelouded statement. Upon
the bench, he was judge, In the genuine
meaning of the word; regarding nothing and
deciding nothing but the questions which he
believed to be in controversy before him
never permitting himself to be withdrawn, for
an instant from their exclusive consideration,
by the pride of judicial learning or opinion,
or the temptations of elementary or collateral
disquisition. Ofthe remarkable faculties which
he thus developed in his judicial inquiries
after truth, the recorded judgments Of the
supreme tribunal over which he presided will
be the most enduring monument; bat the
memory of those who had the goo fortune 10
attend the exercise of his appellate jurisdic-
ton in admiralty on the circuit, will per-
haps recall, with even greater admiration, the
extraordinary variety aud range of his endow.
ments, and the placid equity and mediating
wisdom" which he there administered and
uttered.
Ofthe moral qualities which gave weight to
his intellect and force and greatness to his
long and eminent career no praise could be
exaggeration. His whole existencs was q
struggle with bodily suffering and weakness,
which would have condemned almost any
other man to the seclusion OF his chamber,
and perhaps an early grave But his fortitude
aud energy were boundess; his religious con.
vietions and trusts we're deep and unfailng,
and his will was as inhexible as his purposes
were high and just No seduction could have
allured, and no power could have bent him.
He was incapable of lttleness or meanness
His courage, both physical and moral, was
equal TO any responsibility, save breach of
integrity or forfeiture Of selfrespect. Yet
in his private life he was q pattern Of gentle
ness, simplicity and modesty, Of warm affection
and cordial friendship and uncalculating
charity. His judicial temper, too, and man
ner, were the perfection of indulgent courtesy
and of patient, consderate and dignified
attention. No one who was capable of COM
pretending such character could approach
. him without reverence or witness as we have
witnessed, his administration of justice, with.
out mourning that Gods Providence has
snAtched him, even in the fulness of age,
from the needs of his country
We have deemed it not necessary. but
proper, to place upon record this full and
complete yindication of the character of
Judge fancy. This testimony is borne by
men, many of whom differed widely from
his political views. 1t is like the ovor-
whelming effulgence of the sun to shame
the scintillations of a taper, We would
be glad to have the Dayton journal pub