The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-09

The LATE JUSTICE WAYNE-PRoCEED1NGs IN THE
UNITED STATES CoURT.-After the organization OF
the Grand Jury, Judge BRYAN inquired OF Major
D. J. CoaBIN, the District Attorney whether ne
had any business for the Court, when Major COR
BIN responded as follows:
May 1t please your Honor: have business for
the Court but instead of the usual matter, nave
motion to make to which would call your atten.
tion. The telegraph brings us Information that
Judge Wayne, for thirty-two years an Associaee so
Justice of the Supreme Court Of the United States
died at Washington on Friday last. He was the
Circuit Judge for this district, and was well and
| favorably known to the community and the Dnr.
In respect to his memory, therefore, otter the
| following motion: :"
Whereas, The Hon. James NJ. Wayne, Senior
Associate Justice Of the Supreme Court OF the
United States, and former Circuit Judge OF Tue
District Of South Carolina departed thus hte at tne
City Of Washington, Distric: Of Columbia, between
the hours OF eleven and twelve o'clock A. M., on
Friday, July 5th, A. D. 1857: 80. ,.-,.-
| Ani achereas, Justice Wayne, by his distln-
cuished services as statesman and Jurist, pro-
longed to near half century, his pure and exalted
character as q man has become endeared to his
country, and an ornament and example lor AL
CO ning time; 10.
Ordered That out of respect to his memory this
| court do now adjourn.
in youth it was never my privilege personally TO
know Judge Wayne, or to be connected IN any
manner with the court over which ne presided.
| His reputation, however, Is world.wloe. ne was
and respected by every one, and it is but nttng
testimonial of respect that this Court should ab-
stain from it's ordinary business on this SAD occa~
sion.
A. G. MAaRETH, Esq, formerly United States
Judge for this district, seconded the motion and
spoke in substance as follows:
Nay ii please your Ronor:-It IS with no ordl-
nary feeling that 1 appear In my place to-aay 70 70
was my privilege whom first admitted to the bar OF
| South Carolina, to find Judge Wayne Justice OF
| the Supreme Court OF the United States, and as
signed by the then allotment OF the Justices 10
preside over this circuit. For many years IL was as
my privilege to sit below him at the bar, ana 10
| submit TO his rulings in the questions 9i Law
| which arcso in my practice! Later IN life It
was my privilege to sit, as the Associate
Judge of this court; and In that capacity 70
! charge Of the responsible duties which devolved
upon the court. From my intercourse with
| him, both as member Of the bar, and an assocl-
| ate ON the bench, I can bear willing testimony
actelized his Judicial career. It is true that on
many occasions we differed, and differed pers
hSps widely in sour opinion on many questions;
but it will not be proper that shoud wltnhoid ss
now the willing testimony pear tnas our soa. Gun.
ferences were marked, on both sides, by perfect
anv manner with our personal relations. In
lths discharge Of one portion Of his Judicial func.
tions Justice Wayne earned large measure OF
his reputation; and his opinions ON ithe adml-
ralty side of the court commanded the great re-
spect Of all his brothers. who safe with him In the
Supreme Court. Judge Wayne was In no sense an
ordinary man. He camo into public life at q time
of great excitement, and no greater PROOF OF the
esteem in which he was held can be found than
the confidence reposed in his ability during the
administration Of President Jackson, when the
responsible position of defending the then admin
istration in the Lower House OF Congress, was as
efforts, as well as to those Of Mr.. Forsythe is to be
ascribed no mean portionof the remarkable sue
cess of that administration. He firmly believed IN
the political doctrines Of that administration, and
maintained them always with the force which
his conviction lent to his ability. Since the
| troubles of 1860 Judge Wayne has never been In
| South Carolina, and I, perhaps, was one OF the
last with whom no held converse IN relation te
| the probable consequences OF tho mea ure then
| discussed. It may be Of small consequence now
to him, but it is Just and perhaps well for those
| who survive to know that he was then fully
alive to the dangers which were threatening,
and foretold the results with prophetic certain
ty. The professional distinction when dsan-
euished Judge Wayne was not derived nom
books; it was rather an intuitiye perception OF
| the difference betye6n right and wrong, leading
him always to/detend the one and redress
and his chair win not again be filled. It is
however, satisfctionto know that, although at
the time his appointment was made 1t did not
meet with satisfaction in South Carolina because
| it prevented the promotion to the same place OF
the most gifted legal mind in tho State; yet his
long career has gvon the country at large no just
cause to lament his appointment. 1t is emnently
proper that In this court over which he PRESIDED 30
long the expression OF the regret OF Its officers
shonld DO heard; and that on this day when the
frat Official announcement Of his death has been
received, the court should rbear to exercise its
customary funetions; and all connected with it
should retire in silence from its halls
| At the conclusion Of Mr.. MAaRATHs remarks,
Judge BRYAN said: - r,,
The Court concurs fully with the motion mado,
and sympathizes entirely. with the expression
OF feeling uttered by the District Attorney and
the gentleman who seconded the notion MY
relations with Judge Wayne were almost strictly
OF personal character, and were those OF un-
interrupted kindness up to the time OF MS
death. A very recent expression OF feeling rom
kplace prior to his death, affirmed tho continu-
ance Of his friendship and intimated to me his
intention to renew the administration OF JUS
tice in this district. In this, however, he was
disappointed 1t was not for hum 70 resume nis
connection with that bar over which he had long
presided, and which felt it to be my privilege TO
assure him, would receive him with respect and
kindness Judge Wayne was called by his country
I'd play very eminent part to DO one 81 the n mem
authority than any Judicial tribunal in the world,
whose Office it is to defend and uphold that con-
stitution which is the government OF the country,
alike of Congress and the people. Fidelity to his
trust required not only great ability, but greater
courage and constancy. It is praise enough to
say that his falth has never been questioned
He has had to administer tho constitution
in times painfully trying. He had to diff
fer with his own peculiar Peopio; In naei'
and which governed that manhood, he had to sepa,
rate from his people, his we-beloyed Georgia, and
to range himself alongside Of his country, in his
conception Of what was his country. supporter
of jackson, the champion Of the Proclamation and
Force Bill ON the floors of Congress, sharing tho
views of Washington, Jackson, Taylor and Scott,
OF Marshall, Webster, Clay and Hamilton, he felt
| it to be his duty to maintain the Government OF
try. A greater trial in my conception could not
have fallen to the lot Of man. A greater proof OF
fidelity TO conviction and the discharge
| OF duty to the country and constitution
he was sworn to administer, could not
possibly be Imagined He met that trial aud dis.
charged that duty, and his record is with his God,
posterity and his country to judge him. am IN
debted to one who was 30 long his associate for
the enlightened and well instructed judgment pass
ed on him as lawyer and judge. forbear, my
SELF to add anything to an opinion which COM
| mends itself to me as eminently truthful ana
| sound. I recognized in my intercourse with him
that quickness, impartality knowledge OF AFFAIRS
| sagacity and sound common sense, which charac-
teriaed his career alike on the bench and in the
Congress of his country. Not as form and q
matter OF official courtesy, but with unfegned re-
spect to his memory, i grant tho order moved by
the first officer Of the Court, and seconded by the
| gentleman who was so long his ablo associate
The Court will stand adjourned until tomorrow,
| at II A. III.
g.,g.. .--ss -
VAST QUANTITIES OF Ivory DEsTRoyED.-Thou'
sands OF teeth that might last life time arc lost
every year, simply because the parties concerned
either forget or do not appreciate the fact that
| sozolon& dnlu anulied renders the dental sub-