Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-22
REMARKS OF Il. B. NucoU, 20.

REMARKS OF I. b. MICoDI Esq.
Although I see here many whose ac-
qualUtauce with our lameuted Judge was
far more intimate than mine-befOre
whom, for that SRa other reasons, a just
sense Of propriety might oOLGmaDd me
10 be silent. were the time too preeiO1s
for even a stranger to render the homage
due TO his eminent ability and exalted
merit; yet 1 deem ft no violation Of true
decorum to give expression 20 e few of
the thoughts and feelings which his
death produces in my own, and l pre-
sumo in the mind OF every one OF Us.
The character Of Judge Smith, from
the inception to the close at his pnblio
career, was subjected to the severest
tests. The ~uphesviDgs Of our political
and social systematic demolition Of old
ooustitutions-the introduction Of strange
and startling tenets in the new-the suO-
lection Of q noble and enlightened to the
domination Of a servile and unintelligent
race, had given birth to implacabie ami
( mosities, and embittered eli the relations
OF eocietv-insOmugh that lt vas almost
a miracle for any public man to lie under
suspicion of the favor Of vi party with
out mourning the mortal enmity Of the
I other. But such was the strength and
integrity Of the mind Of Judge Smith
that be steered the vessel of his life in
perfect safety between the rocks on either
side.
called 10 the bench at the most critical
period Of our judicial history-when
there is something inVidious ever in the
mode Of acquiring official pO5ition-when
the people, not without reason, look with
odium on the u%surpatlOn that rObs them
Of their prerogative in the investiture Of
power-he was Of course watched with
The closest scrutiny, and liable to have
the purity Of his motives impugned in
his every judicial action. yet uninfiu-
|senced by the fears of the powers or the
hope of favor Of those who had assumed
TO be the source OF his authority, ignoring
all responsibility saw TO the laws and
his own conscience, he administered the
FarduOus duties OF his ONCE during
the six terms Of his presidency
ia this Court, with a fidelity that
won the esteem and admiration OF
US all, giving no occasion for the slight
est whisper Of d~etrsctiOn nor uncover
ing the charge OF party prediction even
in cases contested with heat aud acri-
mouy between paTtizans OF divers pOiit-
iCal creeds. Take a thousand OF his
Judgements, and few men can detect
even a techniCSi o. iegsl error-none a
dictum founded on personai6 81 paFty bias.
The mind Of Judge Smith was pre-em-
ineDtiy S LEGAL one-gifted with that rare
faculty, 8 discrimination Of opposite
enalogies-an intpitiye perception Of the
UrspeF application OK precedepts-Rud Of
the precise point where, by q detection
Of the facts right reason required a
different rule. His personal address, too,
was peculiarly adapted to adorn his
position-eomnining dignity with ease
and affability.
While he enforced all the Difference
due 10 the bench, yet was he never want
ing in -respect and e0Ertssy to the bar.
indusiTians 20 a fault, asssdqo95 ia the
discharge Of the most iTksOme duties, he
also tempered the ledinm OF his and our
Iabors with sallies Of wit aud humeT
which, while IL excited pleasantly, yet
wounded none, but illustrated fully the
I uayim-"f0Ttiter IN re SudUiter IN DtOdO."
Nor vas lac endeared to US only in his
ohiciaI capacity. re was not only the
upright Judge he was also g noble gen
/ erous, true man, combining all the high
est social qualities, and was 3 true eKem-
plar Of the description LategeF B1a
sdelerisqueT Duras.n The loss Of no man
in the commonly could have been a
greater calamity to the bench, to the bar,
to the circle OF MS immediate friends, to
the people at large.
Where shall We find enc 10 Ill the