The Portland daily press., 1871-10-24
HON. WOODBURY. DAVIS.

Nun WoOD6Ohl DAVIS.
May it please your Honor Two distinguish
ID members of this Bag have passed Through
the valley of the shadow of death. - since the
last term of this Court-the Hon. WOODBURY.
DAVIS and the Hon. PHNEHAs BARNES.
The former has held high position on tins
Bench; but somewhat recently came graceful
ly down aud affiliated with our association, IN
the appointment of an eminent counsellor
and advocate. And here the latter mas given
us the marked results of his rare and classical
scholarship and intellectual strength, ana s.er1
ling eloquence, and power, in his proiessionai
life and labors.
We recall with much satisfaction the impress
sions of the elevated lives of these departed
brothers,-their great personal exceiiehctes'
their honorable deeds, and their strlct profess
sonal virtues.
rled with them, and have ielt Sto" Vi piiue
in their eminence among us.
Vet over all this comes shade OF melan-
cboly. now, for it is touched with the sadness
of the past. ,,.
self in his course as If ready to say, in the Ian
guaoe of Paul: IL am not ashamed of the Cos
mel of Christ: for it is the power of God unto
salvation to every one that beeveth." And,
practically, each has declared this among men,
by the daily beauty in his life.
The Bar, mindful OF these things, and cor
daily sympathizing with the bereaved TAM
lilies and friends of the deceased, and with pull
sations in unison with the sorrowing public,
are DESTROYS of spreading upon the records OF
this Court mementoes of their cherished es-
TEEN and admiration for these noble brothers,
which may remain in living characters as law,
and the inspirations of justice, and learning,
and virtue shall here linger and have their
home.
I respectfully move your Honor that the res
olutoDs and proceedings of the Bar now offer
ed be accepted, aud recorded by order OF the
Court.
MIR. Webb then presented the following res
olutions at the request of the members of the
Bar:
We the Cum berland Bar Al sociation frequently
reminded OF the uncertain tenure OF human lie. by
honoted and best beloved brothers, desire to
mark the deceaSeot each one that The memory OF
his virtues may be preserve and the benefit Of ms
life and conduct of those who survive him.
III the death of the Honorable Woodbury. Davis
we recognize the departure OF an upright man,
distinguished lawyer and a worthy citizen, whose
lie OF great value TO the whole community
But we feel that to us as his professional associates
ami friends his loss comes with peculiar impressive
ness.
Tor his active and conscien: ious interest in all
ma tiers affect ng the general welfare ot his public
spirit tor MS benevoeut and devout nature, and Tor
his hi moral courage and his untaliering and un-
calculating adherence to what he had deliberately
conceived lie the requirements Of duty, We
hahktul That these exaltei qualities ana SER
vices manifested il aud illustrated his career
as al2wyer we are proud
With all honor tor his professional power and at
tanments, we Still accord the chief honor to his
character. Without such character genius and
learning may TALL short of usetulness-or even prove
Instruments of evil.
When, then one dies, in whom, as in our Brother
Woodbury. DAVIS, have been united pure character
and high Attachments. let pause give a tear to
his memory, and rejecting on his course renew our
devotion t. The rincpes of Justice and TRUTH with
out which our profession is shorn of its glory.
Animated with these sentiments, and seeking to
give them suitable expression we have
h tI,a ~, 81 lafa Drotl
Woodbury. Davis, the Cumberland Bar Association
has lost one of its wOrthiest members sound law
yer and an esteemed friend, whose memory will be
cherished with reverence and affection.
ReS0lUed. That his surviving professional br etreu
revert with pride and pleasure to the record OF bis
life among them, and gam strength and courage for
the abors and responsibilities OF ther calling by
contemplating what he was, what he suffered and
what he accom- plished.
our sympathy in their aftiction and our congratula
tion that living he true and dying he has lett
10 them so sweet memories OF his life.
ReS0tUed, That these resolutions be presented TO
tne supreme judicial Court at its next session in
Cumberland County, with the request that they be
entered on the records OF the Court.
Res0tUed, That copy of the record of these pro-
ceedngs OF the Bar Association be to the ami-
ly OF our deceased brother.
Hon. J. III. Drummond followed Judge How
ard, saying: eE.rn Es1tes.tfss
May 1t please your Honor:-My Brethren of
the Association have assigned to me toe duty
OF seconding the resolutions just presented.
1t was my good fortune to BE- associated with
Judge Davis during the last Eve years of his
life, in the most intimate relations that mem.
bers OF our profession can no ID with each 9TH
relations in which one discloses to the other
his real character, personal and professional
bis qualities of head and heart, his knowledge
OF legal principles, as well as his power of dis
eliminating between right an" wrong. From
prior acquaintance l had formed a high opn-
ion Of his legal attachments and his personal
worth. But the more intimately knew him,
the greater was my respect admiration
aud affection for him; and l scarcely dare
trust myself to speak OF him lere to-day lest
seem to do so in terms Of indiscriminate and
fulsome eulogy.
As lawyer, he was more thoroughly ac-
QuaIHted With fundamental principles than
with technical rules Possessing an almost in
tuitive perception OF the right and broad
common sense, he was wont to work cut
result in accordance with Justice, without that
blnd obedience 70 the technical rules OF law
which IS apt to characterize the meIe LAWYER
Indeed, his Indignation at attempted wrong
would sometimes lead him to espouse q cause
Which, under those rules could not be MAIN
tanned. While possessing a hight respect for
presidents, be subordinated them to priuci-
pies. clear IN ms conception Of questions at
issue, he enforced the principles applicable to
them with logic that was generally irresisti-
BILE. The character of his mind, fashioned per-
haps in some measure by his judicial expert:
ence, was more that of judge than that of an
advocate.
But the sentiment of the resolutions that,
highly as was his eminence in his profession,
the purity OF his character gave him the great
est hold on his associates and the public, is en-
Inently just. Strong in his convictions he was
SO earnest in their support that he exposed
himself TO the charge of intolerance But
those who knew him best can positively de-
clare that he was exceedingly tolerant in re-
spect to the opinions OF others, when really
and honestly entertained. But Tor hypocrisy
and insincerity, there were no bounds to his
scoru and contempt.
When convinced of the justice of any course
he adopted it without regard to the cOunte-
nance he had from others. In his youth, satis-
fed of the wickedness of the Institution of slay-
cry, he demanded that all efforts of the
goyernment,not in violation of the constitution
should be given to prevent its spread and for
its abolition, when such course exposed him
to almost universal oi,loquy and reproach and
persisted in this demand until that institution
persisted. Aroused by peculiar circumstances
to 40 appreciation of the evils of intemperance,
he gave many of the best years and most ardu-
Gus labors of his life to its suppression, though
be was on that account subjected to abuse and
persecution.
Naturally of an impetuous temper, he learn
ed to command it under al circumstances;
from his manner, he was often taken to be cold
and unapproachable, but in TACT was warm
hearted, sy napatneJlc, ana genial
1t may not become me to speak OF hi. char
acter as a Christian; but mover can FORGET
that when he stood lace to face with death his
faith was so perfect that an allusion to it only
drew from him an expression of surprise that
such an alusion should be made.
Though taken away in the prime of his man
hood, Judge Davis's life was well rounded and
is another illustration that the length of life is
measured by deeds and not by years While
we csnnot help mourning the loss that we, in
coDmon with the whole people, have sus-
tanned in his death, we are consoed by the re-
aection that he was able to do SO much good
while he was with us-an amount of good that
we can scarcely hope equal to even if allowed
to reach the extreme limit of human life,
There is nothing more trite than
the saying, and nothing more solemn
than the conviction that death must in
evitably come to us all. Still, it is the fond
hope OF every one to leave his memory to be
tie ,sured by some, when he has passed away.
10 breathe that last apprehension onanis
naoridro-clipgs to our hearts affections even
when that heart IS about TO be sII1l rurevcr.-
Our brother, whose loss we mourn to-day, has
left us an example, whose imitation by us will
ensure that We shall be remembered
when those who come after us shall meet to
pay here tribute to our memory, it will not
be mere formal ceremony but, as with us
now, heartfelt expression of grief, respect and
love.
When good man dies, those of us who have
been engaged with him in the same labors
Who have listened to the wisdom of his words.
and have felttt5e healthful influences of his ex-
ample, would be as unimpressible as auimals
who lay no death to heart, if we were not
aroused to ask ourselves whether zoe have so
lived as to deserve tire same honors or anv
commemoration of our deeds, and whether
those who shall survive us will have reason to
speak of us, as we must speak of him. The
death OF such man-of man loyal and faith.
ful, earnest and iaborious-is worth more to
us than volume of precepts; it teaches us
most impressively that the ends worth liy-
log for are not the honors of place or rank, nor
wealth, nor show, nor luxury, nor influence,
but those things which continue after death,
and are not buried with our bodies.