Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-11-29
THE LATE JUDGE s. G. HUM-
PEREYS.
speech Of Iudge scTuggs Before
the Criminal Court.

{ ing EeE0afz5:
J May it please your Honor, / have been
dapGted by the members Of the Bar OF
/. this city to present to your Honor, and
ask 60 have spread upon the records OF
, this court, the following memorial and
/ resolutions adopted at = meeting OF the
f members OF the Bar on learning Of the
t death of our late distinguished profess
slonal brother, the Hoo. John @. Hum
phreys, late Judge Of this Judicial Cir
} cult. The memorial and resolutions sre
as follows, tO-Eit. These have already
been p~ubiished.)
Beyond q sincere Endorsement OF the
resolutions l deem it unnecessary TO add
anything to them.
After an acquaintance Of mora than 3
quarter Of q century with the deceased
[ am prepared TO say that he fully mer-
tied ali that is here said Of him. But it
is not Of the man 1 come to speak. To
heap upon his memory those words CT
praise which 4 virtu9us 4 useful life
always command is not nay mission on
this occasion. It Is of the c6lce,
in its relations to the people
whom he served, and among
whom for a series OF years, he exercised
the high and delicate functi ms Il ju-
dicisl authority, that I propose "a ssy q
few words. Toe Office which be Il ed so
long, and with such distinguished 1ility,
is one that, In poiat Of honor, re oansi
bility, and neal connection with I'll the
tender relations and dearest rights Ct
society, is perhaps the most important in
any government. Especially is thu the
case N a government like ours, having q
written constitution, by which the
official acts of all other legal f~unctiona-
ries Of the Government are to be
tested; aud the Judiciary Is made
the tribunal TO apply that test. As
the defender OF the constitution, and
guardian Of public liberty, its powers and
responsibilities are OF great magnitude.
Whilst the functionaTies in other depart
meuts are more directly under the Goa
troll, and far more ssnsiJ Die 10 the irfiu-
ence of popular passion, the judiciary is
set, ike s fixed beacon 10 the mariner,
frEly upon the constitution, and
charged with the duty Of curling aud
correcting and Christening the hssty
action OF tho more errstic, and less re-
Elective officials in the CO ordinate
branches OF the Government; and thus
preserve in tact, those great principles Of
Justice and public law which lie 81 the
base of all progressive organizations. A
judiciary therefore prepared by its learn
ing, courage and adeiity, fully to meet
and perform these great functions, be-
comes Of incRlculable value to society 81
ali times, but especially so il periods OF
public disturbances Ia revolution. To
DO this, however, great learning, pro-
found thought ami U~Ufiincbiug courage
aTe necessary, combined with stainless
purity Of purpose and life. Without
these qualities the judicial department
OF any government will fail far short OF
its great designs, In ali the vicissitudes
of governments, few il any OF their
public functiouhEiea have rendered more
valuable service to the cause ofpublio
liberty thsn the Judges CT the times. It
is true, that for many ages, on the Euro
peRn Continent, the Judges were more
or less the partiZsns OF the chiefs,
aud shared in the oorFuptiOls OF
the times, took sides between
~conte1ding factions, and gave their in
fuence in favor Of their leaders. But as
society emerged from barbarisnn, rs civ
ibZation progressed, as learning adj
vsnced, end the principles Of social and
political organization began TO be better
understood, the judiciary rose in import
auce Snd power, acquired nsE dignity,
and purifying itself from the ~cGrrubtious
OF pact ages, 10 became the eXemplar Cf
nations, the friend Of the pgor ami pro-
tector Of the ~perseCuted, until ia more
A4lLEA1 NAAA4C1 IL AAA1 1EALl-E ~ "a -AGLE I
! extent the guiding star and almost the
ruling power in the State. "CiVii lib
srty in this kingdom" says Mr.. Hallam
In his Constitutional History, "has two
direct guarantees the open sdmiuisir6-
ton Of Justice according to known iAgs !
truly interpreted, and fair construction !
Of evidence, and tbs right Of Parliament
without let or interruption TO inquire int |
aud obtain the redress Of pU51c griev-
ances. OF these the FIRST ia by far the most
Indispensable nor Can the subjects
of any State be reekonsd TO enjoy a real
freedom, where this condition Is not
found, both in its judicial institutions
and in their constant EXERCISE
1t is well known that the tyrsnts Of
the House Of Stuart never undertook any
Sc"heme Tor the aggrsndiZsment o. roy
altv. md overriding the rights Of the
people, wicEclt = resoFt 70 the influence
Of their JUDGES. CHARLES the First found
: Justification for ship money by the In
gsuuity Of Noy, only when supported by
Corrupt Judges. So James the Second
could never d~isfranchise his people u-til
through TIE Yepality Of corrupt JUICES
he had destroysg tie charters OF London
I'D other cities Of tie REALM. These In
stances ~ co~rruptiop, while they serve 70
shc~ the power Of the Judiciary and ex
cite our disggst, are, ia a moral point Of
view, vastly -ovsfbeiGncsa by the integ-
rity, courage and independence of Coke,
Hale and others, who could not De driven
by threats nor bought with bribes, to sell
the influence OF their cdice aud pervsrt
public justice.
Emerging from this long night of
semi-barbarism, in which the Jujicial
srroiDe is tOO often seen IL the filth OF
partizaE strife, or adjoining the shoulders
Of bloody aid esGei men, what relief do
we feel on seeing tie Kings Bench &C.
eupied by thatsound lawyer and upright
Judge, Sir john Eolt, wh0ee justice and
humane administration extorted even
from a criminal condemned Co death by
his Honor, an expression of thanks that
he had had 3 fair trisl. The influence OF
such men is felt after they bSvs gone to
their graves, aud blatant generations feel
the fruits Of such ofleess long IA Rfter
years.
What intelligent reader fails to look TO
Coke, Holt, and Camden, as builders Of
the English Government, rather than to
Warrick, Marlboro or Wellington ?
Brought by official duty more directly 10
contact with the private. Interests and
domestic relations of society, the in
dietary has in ali ages held q nearer
place in the hesrls Of the people,
and their iLhuence Il more sensi-
bly, felt, ia the domestic circle,
than tie functlonaFies IN other de-
psrtments; and when they com
Dine learning with Integrity and purity,
their names become familiar as house
hold gods and SYNONYMS Of purity and
goodness. What purs-miadsd, histori-
cal reader, would not prefer to occupy,
ia history, the place of Sir Thomas
Moore, or Sir John Holt, to that of Ma
poieon or wellington And vino does
not feel 3 glow Of pleasure in contempls-
ting the character Of the great Lord
Camden, which all the victories and
military reDOwn OF Condee, Marlboro
and Wellington, fail to excite? As an
instrument OF moral culture, there is, in
my Judgment, no eiaEs OF f-uEetionaries
known 70 civilization equal TO a learned
and pure judiciary. Not W ths pulpit
with al It's learning, zeal and elogusnce,
can equal it as q moral educator. | an
not unaware of the gravity of the ques-
lion here nooted. Trained and educated
in the church from my childhood, and
accustomed to intimate association With
her clergy and membership, it
will not be readily supposed, that
---A