The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-12-05

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But popular and distinguished as he
was as Circuit Judge. his eminence
as a juriBb is best illustrated by his la
bors as am Associate Justice of the
Court Of Appeals. In, shat Tribunal,
he found the tproper theatre for the
displaysof his immonse learning and
the resources Of his towering Intellect.
In that great forum. his admirably
proportioned faculties, his gracious at
tentiou, lis apprcciative intelligence.
his exquisite apprehension, enabled
him TO comprehend, with the quick
ness and clcnrness of intuition, the
questions and the principles involved
III tho case. In the consultations OF
the Court, the pleuitude and cxac.ness
OF his knowledge, the wise suggestions
OF his prolific mind. tue sagcness Of
his opinion, rarely failed to sway the
deliberations of his brethren, and to
settle their conclusions. With ancl re-.
sources aud activities, such fullncss aid
facility. it should excite no surprise
that it fu!i to him, rs the organ OF
he Court. TO pronounce so many Of
its gravest aud most wcighty judg-
ncnts. Dissent from his nrsumen. nr
his conclusions cn the most uLs,.nse
legal questions was AZ rare as il WIS
unconyincing. HIS owu lisseutien.
opinions nre numerous, aud, if not
always conclusive, they are always
ma>terly.
Judge War.lluw's ) iudomiinbIu spi,it Of
inquiry, his passionate lows of truth.
iured him 10 explore the sonrccs If all
law, as vel! the uncertain nn.l obscnre
sources Of the common law, as the
scarce less uncertain sources OF statn'e
law. The lee Scripu and the lee nm
scripu yielded their hidden treasure to
the patient toll OF his industry aud the
conqnering energy OF his will. The
diligence, the fond devotion with which
he delved into tue ,Iemeuts of tic COM
mon law, into it's prescription. into the
ancient statutes which constituted parts
OF the nnwritten law; the clrarness md
the method with which these CON
s,itnents Of the com mon law arc trmccu
and presented, arc unsurpassed by The
most successful researches into n sui.
ject so obscurcl by the dust and the
mist OF time. If mind tteming with
all the learning Of the law could possess
IL pecnliar aptitude for any branch of
that science, it should bc said that
statute law was bis specially. The c1-
animation of tho reports will show that
c.nses which required for their ,letcrmi-
nation the highest powers Of Gisquisi-
ton, or the most elaborate invca;i "a
tlon, were usually com r,ittcd to him. to
prepare and pronounce the Judgment Of
The conrt. But great cases iavo!ving
the statute law seemed. by the conccs-
sion OF his brethren, to lie within Ike
limits OF his especial domain. To their
solution. he applied ali his characteristic
endowments and requirements II is u
source Of just pride to ALTO The bench,
to the bar, and to NIL classes of citizens
-ihnt the judgment of ,nr courts, upon
the principles of the common law, upon
tho refined ethics of equity jnrspru-
dence, upon the great principles of
commercial law, are sittd with corr :
mendaiion in al American courts and
i'll the high cou.ts OF Westminster Hall
Many of them are snperb models Of pre-
cision aud elegance of them are
learned aud wise-ali Of thora III. re
spectacle md Instructive.
Abbeville gave him his birth and his
iotAo Abd MS grave. W iii IL IOuunehS
pardonahle though selfish, AbbeyiIe
honors the memory Of her son rs nobic
type Of her culture, her refinement md
her social life. Ii the brilliant udvo.
cate, the eminent counsellor. the lenrucd
magistrate. the just and upright Judge,
can claim the sympathy and tic homage
Of Tho profession he adoruc1, the fame
ui David Lewis War,lluw should he
cherished RS precious legacy to tho
noble brotherhood Of the bench aud the
bar. If nnsclfsh devotion of great
abilities TO noble aims; if unscliish devo-
tioa OF great attainn:nts to great end.
II lifelong consccretion Of high gifts
and lofty virtues to the good o. his
country, constitute durable fame, the
name Of David Lewis Warllaw will he
lmperialiable.
The deeds Of life SO iiluslrions are
its most fitting and most enduring
monuments.
FurIunn University.
The Baptist State Convention, re-