The Portland daily press., 1871-10-24


has said of an earlier poet:
.sDante who loved well, because he hated
Hated wickedness which binders loving"
He had little skill or desire to conceal his
dislikes, and made no loud professions of his
friendships. Largely and nicely cultivated "a
his intellect was, his strength lay rather in
his force of character, the steadipess of his
aims, and his loyalty TO duty, than his y;qor.
GUS intellect or wide and generous culin,e !
Never an ambitious man, he lal OF ed for snch
ends as for the time being he had ia view
rather to accomplish some Immediately usetni
purpose than to wear any laurels he might win
by success though his calling led him treouent-
ly into contests for victory, and he had not a
little OF the fire of combativeness when IL was
aroused, yet his prefere nee was for a peaceful
life, with his family and intimate AMI much
loved books subtegnline fdge, SO lie ALWAYS
preferred quiet argument with the court 10
the more stirring and uncertain contention be-
fore Jury. The philosophy of the law was a
pleasant study enough for his well trained
mind, but the melee OF trials by jury was dis.
ia steiul to him, and be preferred rather tc adj
just than to try canses, The results OF which he
considered SO uncertain, and depending upon
elements less under control, than the pure rea.
son of the Bench. The kind of magnetism that
draws everything or many things to it, he did
not possess, but the true steel felt bis attrac-
ton quickly. His power of persuasion was
rather in clear statement, methodical manage
ment. and good logic, than in any special fsc
ulty he had TO throw light by illustration. to
amuse by wit, to please by flattery, or to inf]n.
ence by exciting passion, or prejudice or SYM
pathy. He was good and clear example of
an honest, fan hful AMI laeor Gus lawyer, in a
profession that has more such men in it. than
MANY who are not familiar with the everyday
life of its members are ready to believe.
JUDGE TAPLEY' s REMARKS.
Words upon an occasion of this kind fail to
convey a correct id ca of the feelings of the
speaker. 1t is but an attempt, and at the very
best but an approximation toward it. While
words may be ample IN tine declaration of q
principle, in the relation of fact, in the record
of historic acts and deeds they are never ade
| ouate in the expression OF sentiment of the
heart
Here, all will feel how weak they are in the
office of even shadowing the feelings of those
who have spoken or those who have listened.
Yet they are the only things we can now re-
cord Indicative of the respect we entertain for
| the virtues of the departed, and the pain we
| experience in being separated from them. II
others shall hereafter perform these offices fo,
| us, the record of our acts done, will indicate
| the sincerity of our utterances now, and show
| the depth of feeling engendered by these de.
misses of our brethren. More potent than GU,
| words Will be our acts. The one is breath
| the other q deed, One is something promised
| the other something done. One may perist
with the breath that gave it birth, while the
| other may live beyond our earthly existence
| thing of influence.
The subjects of the memorials and resolu
tions you have presented to-day were men o
| no ordinary mark from whatever stand poin
| you view them.
| In their profession both were distinguished
patterns of those excellencies requisite for tn,
| perfect lawyer and counsellor of the Court;
| position second in honor and influence to non,
| filled by men.
| While in much unlike each other, they wer,
| in much remarkably alike. Alike, ever care
| fUl that no act of theirs should ever bring dis
credit upon their profession. Alike, ever tru
| to the Court as well as to their clients. Alike
| faithful in the performance of any duty cas-
| upon them, and alike successful in all sucl
efforts.
Unlike, however, in mode Of thought, an,
in applying means to reach an end. One wa
anxious, solicitous, hoping and fearing; TIL
| other was imperturbabe, deliberate in action
and calmly awaited results. One moved on
| into new paths in search of light; the othe
extracted his light for the future from thing
that were. AS not unfrequehtly, (but inaptl.
| expressed,) one was radical and the other con
| sentative; but both were searching tor tn
same truths in the moral and material world
| and were equally earnest in their efforts, tn
| difference only being in the lights they use
and the aids they sought
AS judge, it may be enough to say Q
| Judge Davis that in the performance of tn
duties devolvlng upon him he exceeded tn
| highest anticpations of the most .sanguine o
his friends and left no cause of complaint 10
| those who at first doubted his fitness. Thos
| volumes of the Maine Reports issued while b
| was upon the Bench show how well he per
formed the duties Of Judge, sitting in bonc
| and reflect honor and credit upon him as
| lawyer. Those clear, precise and yet compre
hensive rulings, and those lucid charges to tn
/ jury, for which he was SO distinguished, car
| be rem embered only by those who heard them
| there being no other record of them left. His
opinions, as published in the Reports, will al
ford others ground of belief that they were 0
| no ordinary character. If at any time any fei
they savored of argument they felt also that th'
| argument was on the side of justice. As Cit
| zen his conduct was above reproacb.
In the inner and more sacred walks of lite
| the family circle, he was all the head OF fam
lily could or need be; in fine, L think we all re
/ fleet with satisfaction that he loved his God
| his country and humanity.
Less cannot in justice he said of MIR. Barnes
| While the reports of the decisions OF this Cour
/ do not show him as Judge, they are replett
| with his learning as lawyer, and logiciao
| and his accompl ishments q scholar. No
| unfrequently will the student turn from TIL
opinion to the brief in his cases to drina deep
| er of the law of the case.
| As lawyer nothing left bis hands uutin
| ished, and what be said was always well said
| His briefs aud written arguments are model
| OF logic, rhetoric and law. They we've AWAY
/ prepared with care, executed with neatnes
| and were remarkable for their comprehensive
ness, conciseness aud condensation character
| .istics seldom found in one argument. To the
| Court his briefs were of great value His ad
| dresses to the Court and jury we're singularl.
| perfect in expression and arrangement, ant
| never needed a touch to fit them for publici
| tion in any review, however high its character
| as a literary Journal. There are very few a
| the Bar who have not admired the elegance q
| his diction, and fewer still who were his So
| periors in thai particular. As citizen be wa
| upright, conscientious and exact in all BIZ
dealings. AS man, in all his relations to SO
| ciety, whether in his own domestic or NOR
enlarged circles, no cloud ever dims page
| its history.
| In the death of such men not our profession
l alone feel their loss, but the whole communit!
i in which they lived mourn their departure
/ To us it would seem these brethren OF ON
| were in the height of their usefulness her
| and Of their own personal enjoyment and hap
| piness. That they were better than ever pre-
| pared to serve the great purposes of life, ant
| these thoughts not only increase with us tt'
| mysteries of the Divine hand, but add new re
| grets at their sudden departure. While thi
view saddens us, there is a satisfaction in re
| viewing their history and in reading upon 1T
| final page the record of man in his fuluess 0
| being in the highest deveopement of mipC
l and intellect II is the full perfect fruit gath
| cred in without b'emish arising either iron
| the weight of years or physical iDtirmitles
| stead of the ciouded sunset. They die meI
and not children. They leave no delusiye in
| dications of mau's decay, but speak only of hi
| immortality. In few words, such men have
| not lived too long.
| We cannot all be as great as they we're, bu
may we not be as good
| 1t was ordered that the proceedings be spread
| upon the records, and the Court adjourned t.
| Tuesday morning