Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-20


Judge Totem presented portrait Of t9p character
Of Judge Greens, which, in our opinion was i--sts
leading featuresa faithful representative bis ortr
judicial character. Without possSsIng the brilliant
genius Of Judge TurleY os-sne varied erudition Of
Judge Reese la ssas not surpassed, 6y eltner n
soundness Judgment or incorruptiblp integrity
His p-.ad did sot, like that Of the former, intnl-
sseIy grasp the:most difficult questions OF law, nor
did he possess at facility of elegant expression LOT
which the lattes was so much distinguished, put
what ne lacked sn these qualities was suppieo ~
unwesried reseech and patient Industry so that his
opinions are expressed with ciearness and bear the
stamp of the most careful Investigation Among
these may be mentioned his opinions in the cases of
the Ohio Life Insurance and Trust Company vs.
the Merchants Insurance and Trust Company,
Cratcher vs. Crstcher and Scott VS.. Buchanan, re-
ported in eleventh Humphreys; the Bank OF Ten
nessee vs.. Johnson & Hamilton, and Crawford vs.
Williams, in first Swan; Blair and another vs.
Snodgrass and others, and McEwen vs.. Troost; IN
first Sneed as stfording fair specimens of sborlous
examination and judicial ability. Although he did
not attain the very highest rank Judge, yet his
standing was respectable and above mediocrity and
it may Be truthflliy said of him that, alike upon
the Bench and in social intercourse he was an ex-
empar in the stlenity Of his manners and that ami
ability of department which created no enemies.
The successful barrister is not, necessarily, nor
always, eminent as judge. The qualities OF mind
fequired at the Bar and on the Bench are widely
times, had smilf reputation as advocates while
honorable councillors have, occasionally, made but
poor figure asiudges Instances are not wanting,
however of euiinenee at the Bar succeeded by still
higher eminenca when transferred to the Bench
Without undertaking to assign to Judge Totten his
precise relative position, we are inclined to give
him place among the judicial minds of the profess
sion. The power to sift evidence, to weigh argu-
ments and to balance probabilities rs out OF the
confusion of testimony and the conflict Of authority
to eviscerate the mere and exact truth seemed to
US, who knew hlm only as judge, greater than the
power to invest and enforce arguments and the skill
to conceal or tc;detect fallacy..
We cannot les the occasion pass without another
allusion TO hisnanner upon the Bench. Nothing
could have exceeded it in dignity, courtesy kind
ness and afabiEty. Il was indeed, a model OF ju-
dicial manner and, as such, will long be remember
ed by those of me Bar who had the good fortune to
practice befoream
Early in 1851, Judge Totem, with otbers was
elected by the Legislature Of Tennessee to go to
Washington AID confer with commissioners from
other States in relation TO an adjustment OF our po
litical troubles and soon after, became member
of what was known at the time, as the Peace Con-
ference. Its labors were unayailing to avert the
civil war then Impending over the land. Although
identified with what was Familiarity designated as
the Southern Cause, yet after the return OF peace,
he submitted with cheerfulness 10 the restored au-
thority of the Government, and peseeaby and qui-
profession.
Abstaining saom the expression of any opinion as
TO the political conduct of Judge Totten, to which
we have merely alluded as prominent feature IN
his history, and combining ourselves to his judicial
and personal character, we feel that should do
injustice to his: memory were we to withhold our
testimonial as 20 the many excellent traits by which
that characteristics marked. 1t has been we'll said
that
1.-THE death of those distinguished by their citation,
But by their 'Hrtue more, awakes tho mind
''To solemn drttd and strikes saddenng awe"
and profoundkf impressed with this feeling it is
therefore
Resolved Thg.t, in the op inon of this meeting the
late Hon. Archibald w. o. Totten was, while
member of the Supreme Court of this State an able
and upright jIslge, who, while in office, WOE the af
lection and respect of the members of the Bar, by
his kind and gv.ia. department and his fidelity as
judicial officer enc the confidence of the communi-
ty by his patient research and dspassionate opin
ions.
ResoEred, Tha. in the death Of Judge Totem the
Bar has lost one of its most useful members; one
who regarded the profession to which he belonged
as an honorable profession; who so demeaned him
self to the best wishes of his professional
brethren in life and whose death, Gin the midst of
his days" is q source Of profound sorrow and re-
gret.
ReeoLUed, That the proceedings of this meet
ing be presented by member Of this Committee
to the Supreme Court now in session at Knoxville,
with respectful request that they be entered up
on the minutes of the Court that the editors of
newspapers in this city and throughout the State be
requested TO publish the same, and that in like
ner, the Attorney General and Reporter for the
State be respectfully requested 10 give them
during form by inserting them in the next volume
of his Reports.
ReSolred, That copy of this preamble and reso-
lutions be transmitted to the surviving members of
the family Of the deceased
On motion of the Chairman of the Committee,
said preamble and resolutions unanimously
adopted and, on motion of John II. Fleming, Esq,
the meeting adjourned without delay.
SAM, MILLIGAN, Chm'n.
A. j. TREwHITT Seoy
After the adjournment of the meeting Of the
members of the Bar, the Court again met upon its
own adjournment, and the Hon. Horace Maynard
in behalf of the members Of the Bar, submitted
their proceedings to the Court. Mr.. Maynard, in
presenting the proceedings made brief but solemn
extemporaneous address TO the Court, and moved
that the proceedings be entered upon the minutes.
This address was replied to- in behalf Of the Court
by the Hon. Alvin Hawkins, one of the Judges,
who was Familiarity acquainted with the deceased,
and who, with much feeling, endorsed AMI approx
cd of the proceedings of the Bar and it was order
ed by the Court that the foregoing proceedings be
entered upon the records of this Court. And there
FORE on motion of Thomas A. r. Nelson, mem
Der of the Bar, this Court was adjourned a fur
Their mark of respect to the memory OF the deceased