The home journal. (Winchester, Tenn.) 1858-188?, 1867-04-04
WINCHESTER, March 30, 1867

On mOllOn VI I. AuThcy, W. =
Kercheval was requested t0 act as Chail
man, and Nath. Frizzell as Secretary
Nj. Kercheval on taking the char
explained the objects ofthc meeting t
be to pay a tribute to the memory
the Hon. Andrew j. Marchbanks, an
in a few appropriate remarks alluded t
the life, eminent abilities, and pure char
acter of Judge Marchbanks.
A. S. Colyar then presented the fol
lowing written remarks and resolu
tons:
If the death of such a man as Judg,
Marchbanks seals the book ofhis fame
as we'll as of his deeds, then one Of til,
strongest incentives to virtue is a myth
The gloom and dependency which
hang Sc heavily upon our unhappy
country have occasioned the neglect 0
the Bar in adopting appropriate pro
ceedings commemorative ofthe life ant
character of Judge Marchbanks; but
for one 1 am unwilling that the name
of such n man shall pass away with his
life, and cven the temporary overthrow
of our liberties shall so depress us thai
we will forget to bear tribute to the ex
allied character and virtuous actions oil
the lamcnted dead.
The gloom now resting upon every.
body and everything will pass away,
and the day will again dawn upon us
when the historian will tu:n back, and
with pleasure inquire whose names in
the roll of Tennessee's soldiers, states.
men, and ~jurists are worthy of a place
Sin making up the record for future
generations.
When the actual merit and real value
of the many distinguished Tennessee
ans who have passed away shall be full.
ly tested and known, the record ofAn'
drew j. Marchbanks will be inferior to
none. 1t is not every man of reputa.
ton whose true history, after death,
would benefit society ; but it is due the
country, and especially the young men
who are now entering upon the thresh.
old of active life, that the unvarnished
history of Judge Marchbanks' life shall
be written, and his true character por-
traycd by an impartial and discrimina-
tive pen. His history, so written, would
be an invaluable boon to the young men
of the legal profession. OF course, I
do not propose such q performance,
butt trust a competent pen will accom-
plish it. His evcntful life embraced
many remarkable vicissitudes and Incl
dents which would render q history of
it entertaining and instructive to all
classes of readers, and a graphic delin-
cation of his eccentricities Of character
would extend his fame wherever origin
atty is appreciated and admired.
But the strong points in the charac-
ter of this very remarkable man were
his integrity, his industry, and his ST..
pcrior abilities in his profession. lam
well aware of the natural disposition Of
man to pass high culogies upon promi-
nent men after death, and that with most
men, in christian charity, it is the COM
mon habit to pass lightly over the faults
and to magnify the virtues of him who
ceases to be the companion, the com
peer or the rival. With no special rca-
son to be the spokesman for his vir-
tues, | but speak what l have often ex-
pressed, and what l sincerely believe,
when 1 say that Of all the men l have
ever known, Judge Marchbanks placed
the highest tstimate upon truth, and as
a conscientious public officer the State
of Tennessee never had his superior.
An enlightened conscience determin
ed his course upon all moral questions,
and for twenty-five years on the Bench,
thorough conviction that a trust so
responsible as the Judgeship could only
be faithfully discharged by constant
labor made him the most indefatigable
laborer that public trust has developed
in the judicial history of the State.
Whatever may have been Judge
Marchbanks' ambition, however much
lie may have loved his profession, all
who knew him we'll appreciated the fact
that duty-a stern conscientious dis
charge Of duty with him was above ev-
cry other consideration, and to allure
him from a faithful discharge of his
duty by the hope of reward, or to drive
him from his sense ofright by fear Of
public opinion was as impossible
as to lengthen the day or shorten the
night by flattcring or threatening the
great fountain of light. The eminent
virtues Of Judge Marchbanks in this
respect have made a deep impression
upon all who knew him as the lawyers
of the old 18th Judicial Circuit did.
On the Bench he was as immovable
by outside influence as the earth itself.
Neither honors, nor riches, nor interest,
nor the name of q powerful sutton,
could reach him while sitting in judg-
ment upon the rights of litigants. Be-
fore him the rich man got full justice,
but at the same time the measure was
no better than if he was the humblest
beggar that tottercd from doorto door.
So pure, and so good a man must not
be forgotten. As a sound lawyer, he
had no superior in Tennessee, his mind
was eminently a legal mind. For many
years with the old Supreme Court, com
posed of men who would have done
honor to the Kings Bench, he was re.
garded as the most l%aborious, pains
taking judge in the whole State. and
with them his charges came to be a text
rather than errors for correction.
Judge Aiarchbanks was on the Bench
twenty-five years, and for the greater
part Of that time, he sat, at least, forty
weeks in the year, and he was never
known to try a cause of any magnitude
without writing out, before delivery,
his entire charge. Such extraordinary
coro ,p1 ohoro ro u~p,rocodpntpd. and i'll