The Portland daily press., 1872-10-02
marks the Hon. F. o. ]. Smith spoke as fol-
REMARKS OF HON. F. o. j. SMITH,


been read.
The individual praise. the brotherly lamen-
talon, the heart felt sympathy, and the deep
coincidence which they express, are all appro-
pirate, timely and just towards the dead, as
also to the living.
Our deceased Brother, and late Judge of
this Court, was in many characteristics re-
markable man, in both private and official life
worthy of our study and imitation in both
| spheres. None need be offended to be pro-
| nounced like unto him. His life was one of
purity-full of charity towards all, with
| malice towards none-a perfection of the hu-
man souls tranquility in this life, and its high
est preparation for any life that is to come.
His gentle manners, and benevolent inclina-
tions, won the affections of all who knew him !;
while his unwavering sense of justice towards
all, commanded our absolute. confidence and
shut out every ray of distrust.
His sincerity was so conspicuous on all &C.
casions, while his learning was so unpreten-
tious, that he silently taught us humility in
our own opinions and made us wish to agree
with him even when we differed from him.
AS criminal Judge, he SO blended mercy
and pity with punishment, that the convict
saw and felt the Judges sorrows mingled with
his own, and bowed with grateful sense to
the infection pronounced upon him, already
half resolved on reform. Ii he had faults in
the administration of criminal law, they were
all on the side OF mercy, and of mans weak
nesses He seemed always impressed with
the gracious sentiment,
r. ITO err is Human,
To forgive, divine"
AS a Civil Judge, he was always patient,
always affable and always anxious 10 learn the
right, and never supercilious, but only persua-
sive, even towards the wrong.
The loss of such mainland especially the
loss of such Judge in the land, cannot but
be felt and owned to be great public calami-
ty. To us, Brothers of the Cumberland
Bar, if his loss be not regarded, take him all
in all, as irreparable it must be regarded as
grievous, and a sorrowful disappointment
In private life, he was genial and COM
panionable, and never seemed in his inter-
course with others, to have ever permitted the
canting hypocrite's sentiment, 81 am holier
than thou" to approach his heart. Whether
in his own land, or in foreign land, he was
ever bright illumination of that American
character of which we may all feel proud.
AS friend, he was Interchangeable. AS
brother, self sacrificing and Of unsparing de-
votion. Nay, he died in seeking to preserve a
bIother's life, and that brother might live.
AS husband and father, his every days life
was an example for imitation by all, even
ShC AhOot dCNotcu anu LII
his DEATH what Earth has lost, Heaven has
won. We have no occasion to mourn for him.
but we have occasion to mourn for ourselves.
In fact, such man never dies. Disease may
dissolve. accidents may crush, seas may enguE,
wickedness may slay the earthly form and
habitation of such man. and yet he never
dies on earth. He canpot die IN Heauen. The
immortality of earth is his immortality here's
the Immortality of Heaven is his immortality
there. As God lives, so lives the good man,
forever. Over such a one the grave has no
victory, and Death no sting.
Brothers of the Cumberland Bar, let us re-
joice in the dear memories we cherish of our
departed brother, and mourn only for our
selves because of his sudden departure from
our midst, and from the midday of his great
usefulness on earth.
Judge Symonds then replied to the resolu-
tions and the eloquent speeches of the gentle
men who preceded him as follows:
REMARKS OF JUDGE sYMoNDs.
After listening to thevery just and appro-
pirate tribute to the memory of the late Justice
of this Court, which has been presented by
the Bar, and to the eloquent and appreciative
remarks accompanying the resolutions, in
which gentlemen who have long been his as
sociates and friends have sought to review and
lilS liic dilu oSlhlCtS, pelCelNe
how difficult It is for me to add anything of
value to what has already been said.
While his sudden removal from among us
has furnished the occasion for a universal ex-
preston of the respect and esteem, which,
quite as surely though more silently, attended
him during his life; and while the same sense
of regret and loss pervades all our minds
alike, while moreover, it is pleasure to join
in all that has been said or that may be said
in his praise and honor, yet at the same time,
in the midst of the mourning of so many per-
sonal friends, of the Bar and the community,
to attempt to add to what has already been
spok en-, or to the general sorrow and sense of
loss, is but vain attempt to fill yet farther an
already overlooking measure.
Many gentlemen of the Bar can speak of
Judge Lane from longer acquaintance and
more intimate association than l. He was
already engaged in the practice of the profess
sion and was occupying the position of Judge
of the Municipal Court N this city, while 1
was yet student at law. We all remember
the universal confidence which was then re-
posed, and wisely reposed in him, as man,
u lawyer and judge.
Upon his return to Portland, at the close of
his term of public service in Mexico, and
during the years in which he was at Augusta,
as Senator from this county, nobody interest
ed in legislative affairs failed to observe the
dilrgent attention which he gave to the duties
of the office, the high reputation which he ac-
qured as practical legislator, and the COM
handing influence which he was able to ex-
ert upon matters of Importance in the Senate.
But the relations of the Bar with Judge
Lane have been perhaps most intimate since
his appointment as Judge of this Court, and
during the year which has nearly elapsed
since the appointment was made, the uniform
ability, integrity, impartiality and industry,
which he has brought to the discharge of the
duties of the office have been universally re-
marked. He was faithful in this as in the
other important trusts which had been COM
mitted to his care, and we may well believe
that few men, when brought face to face with
sudden death, could look back upon life with
so little desire to change the past as he.
Certainly we may expect to meet with few
men whose lives as they are passing will
yield so much pleasure and benefit to their
friends or whose memories will be so cherish
ed and held sacred by them. He was man
whose very manner disarmed opposition and
made all his acquaintance his friends.
Yet with all his native courtesy and
kindness, he was firm and strong
and manly; glad to do q
favor, but not to be influenced to change his
Judgment lightly or to do wrong; oblgng
to the last degree, in his relations with the
Bar in regard to the details of practice but
laborious and conscientious in the perform
ance of the services required of him and
patient and persistent in his effort to reach the
correct decision of causes. ... ..
Why such man, in the maturity of his
powers, full of vigor OF body and Astounding
in mental resources, capable of enjoying life
himself and of making it glad for Others,
trained to the discharge of difficult and re-
sponsible duties and de voting his life to noble
uses, should be cut dow in the hour of his
success and in the midst of his usefulness, is a
problem for which few of us, l fear, are able to
find satisfactory explanation. To so sharp
contrast of life and death, it is difficult for us
to adjust our thoughts. In the first gloom of
the event, at least, it seems a dark fatality,
impending too nearly over human life, involv-
ing within itself the wreck of reasonable
hopes and purposes, and fruitful only of
suffering.
1t is only in calmer moments, and when the
first shock has passed that the mind is able to
grasp the broader view and to believe that
even to HIM who is gone there may yet be
compensation in what, within finite limits, is
heavy and irreparable loss.
While the fact that we shall see our friend
no more in this life rests heavily upon us to-
day yet he will not be forgotten. He was
citizen whom no community could lose with
out sense and remembrance of the loss.
In many circles of friends, too, his absence