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


tho Grand Jury, Judge BRYAN inquired Of Major
d. J. COMM, tho District Attorney, wholhcr he
had any business for tho Court, whom Major Cor.
DIN responded follows:
May II pcase your Honor: have business for
tho Court, but Instead OF tho usual matter hayo
motion TO mako to which would call your alton
tion. Tho telegraph brings us information that
Judge wnyno, for thirty-two years MI Associate
Justice OF tho Supreme Court of tho United States,
,I;; ;sa 2: Wash I"s5shs9n on Friday last. Ho was THO
InrorHby known to tho community nn1 tho bar.
In respect to his memory, therefore, olfer tho
following motion:
Whrtas, Tho Hon. James M Wayne, Senior
Associate Justice Of tho Supreme Conrt Of tho
United States, and former Circuit Judge OF tho
City of Washington, District Of Columbia, botwcon
tho hours OF eleven aud twelve o'clock A. A.. on
Friday, Jti'y 9Th, A. u. 1867:
guished services as statesman and juriAt, pro-
longcd to notr nlf century, his pure nntl exalted
character nB man Inns become entcarcd to his
country, and all ornament und example for ali
CO ming time;
Ordered. That ont Of respect to his memory this
court do now adjourn.
In support OF tho motion, / haYo only to say Tint
III youth it was never my privilege personally to
knox Judge Wayno or to bo connected in Any
His reputation, however, is Worldwide. He was
known throughout tho country, and was O. atecmcd
and respected by orery one, aud it is but fitting
stain from its ordinary business this sad occa-
sion.
A. q. MsaRATu, Esq, formerly United States
Judge FOR this district, seconded tho motion and
spoke i'll substance as follows:
Hay il Please yotr Honor:-It ia with no ordi-
second tho motion wliish las just bcon made. II
was my privilege when first admitted to the bar Of
Sonti, So, Caronn, to flnd Judge Wayne Justice of
signed by tho then allotment of tho Justices to
Hrcsiuo over tIia circnit For many years it was
my privilege TO sit below hin, u, tho bar, nnd to
which arcso in my pructice. Latter i'm lifo il
was my privilege to st, rs tho Associate
assist him as wu NJ I could in the dis
charge OF tho responsible duties which dovolved
upon % It'll. tho count ono From n, my ny nterceurso with
atc on tho bench, can bear willing testimony
TO tho uniform courtesy and ability which char
many occasions We differed and differed per-
hHps Widely i'll our opinion OH many questions;
but it will not bs proper that l should withhold
honesty OF conviction, and never inl6r1ureus. IA
nny manner with our personal relations. III
tho d'sehnrSo pl ono portion of his judicial runc
his reputation; nnd his opinions on tho ntl,ni-
rally side OF tho court commanded tho great re-
spcct OF oil his brOthcrs who sato with him in the
Supreme Court. Judge Wayne WAS in no acnso an
ordinary mnn. fie canlo into public lifn at timc
OF great excitement, and no greater proof OF tho
esteem IN winch le WAS hold can be found than
tho confidence rcpnscd in his ability during the
administration of President Jackson, when tho
responsible position Of defending, the Then admin
istration i'll tho lower House Of Congress- was as-
signed to him by common consent. And to hs
eifurH we'll M TO thusG or hlr. ForHytc III to DO
ascribct no ncal portion OF the remarkable sic
of HAT administration. lie firmly believed in
the political doctrines of that administrations and
maintained them always with the fnrco which
his conviction lent 10 his ability. Since tho
South Carolina, and J. perhaps, was one of tho
last with whom hc held converse in relation ts
the probable consequences OF the inca uro then
to bin, but it is jist, and perhups well for thoao
who survive to know that hc was then fully
alive to tho dangers which were, threatening,
and furctU!h tho results with prophetic ccrlniii-
~. The professional distinction which distiu-
Euisl,cd Judge Wayne was not derived from
6ooks;. it was rather on intuitiyo perception of
tho difference between right and wrong, leading
lilo oihar: From tho recent legislation , 'es3 Of
md his chair Will not again 6c filed Il Is
however satisfaction TO know that although at
The tnno his appointment was mado 1t did not
meet with satisfaction in South Carolina because
i prevented tho promotion TO tho snnin place OF
the most gifted legal mind in tho Slate; yet his
long career has given tho country at largo no just
proper that in ts court ovor which ho presided 20
lonl, the expression of tho regret OF ita officers
sat on day Mop tho
received, tho court should rbear to exercise lis
customary functions; and oil connected with it
At tho conclusion OF Mr.. MAonATus remarks,
Judge Bryan snid
Tho Court concurs fully with tho motion made,
and sympathizcs entirely with tho expression
OF feeling uttered by the District Attorney and
the gentleman who seconded tho motion Ny
relations with Judge Wayne wero nlmo.t strictly
or personal character, and wcrc those OF uIi-
interrupted Kindness up to tho time OF his
death: sif yory recent expression Of feeling from
him IN correspondence which had just taken
placo prior to his death, affirmed tho continu-
anco of his friendship, and intimatcd to me his
tico in this district. In this, however, he was
disappointed. 1t was not for him to resume ha
connection with that bnr over which ho Ind long
presided, and which felt it to be my privilege TO
assure him, would receive him with respect and
kindness. Judge Wayne wns called by bis country
to play roIy eminent part, to be one Of tho MEM
authority than any judicial tribunal in the world,
whose ofllco it is to dcfcnd and uphold that con-
atiiution which is tho government OF tho country,
trust required not only great ability, but greater
courage and conBtnnoy. 1t ia prniBe enough to
gay that his faith has never 6eon questioned
He hns had to administer tho constitution
in times painfully trying. Hc had to dif-
Ter isr with s, his own peculiar people In fdel-
and which governed ihat manhood, he lad to sopa,
rate from his people, his well lboloved Georgia. and
to range himaelt alongside Of his country, in his
Of jackson tho Champion Of tho Pfoolamnton 1t and
to5Ss R on sss6 aRrS Rt GSnd ES M a
j. to bo his duty to maintain tho Government Of
tho United States IA tho government Of his conn-
try. a greater trial in my conception could not
havo falon to tho lot Of man. creator proof OF
hdelity to conviction and tho discharge
OF duty to tho country and constitution
ho wns swora TO administer, could not
possibly bo Imagined. He mot that trial and dis
charged that duty and his record iB with his God,
posterity and his country to judge him. am in
dobted to ono who was 30 long his associate for
tho enlightened and vol instructed Judgment pass
cd on Linn as n lawyer and Judge. forbear, n.y.
soR, to add anything to nm opinion which COM
nIcnds itself to me ns cminently truthful and
sound. recognized in my intercourse with him
thnt quiclness, impartnlity, knowledge Of affairs,
aagacity and sound common sonso, Which cliarao,
tcrizcd his cnrcor aliko on tho bonch and In the
Congress Of his country. Not as q form and q
mattor OF official courtesy, but with unfeigned re-
sspect to his memory, grant tho order moved by
tho first officer OF tho Court, and seconded by the
gentleman who was 30 long his ablo associate
The Court will stand adjourned until tomorrow,
at II A. M.
VAST QUANTITIES OF IyohY DxsTRoYKp.-Thou.
sands OF teeth that might last lifo timo arc lost
oyery year, simply because tho parties concerned
either forget or do not appreciate tho fnct that
sozodont, duly applied, rendors tho iontal SUBJ
8tancc PROOF against decay. tuths3
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