Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-23

OF Tennessee, Gas scon as L begin the
active discharge OF my functions it
will become my duty to decide every
Etigated case and every contested
question presented against enc OF YOU
L know from practical experience how
difficult 1t oiten Is TO prevent the feel
ing Of disappointment OF the momant
from influencing oar permanent iudg-
ment. However high may be cur
opinion of the ability and integrity Of
a Judge it is apt 30 be shaken if when
We have thoroughly convinced our
selves Gas what good advocate does
not III almost every case, even when IL
seemed hopeless at first, that law and
Justice are with Us, the Judge should
unfortunately think otherwise, especi-
ally if he thinks SO, as he some times
viii, very emphatical.y, IkLov 10 way
to escape entirely this trait Of uur com
mon nature, but We may soften its effect
by being forewarned. Lot us look
ieniently at each others faults, by stri-
wing when hitch occurs to put our
selves III each others positions fer the
time being l feel it sincerely and
make this appeal honestly, coming to
the bench as l do from q scene such as
pray GOO may never again curse the
State of North Carolina. And is it not
enough to make every lawyer, nay
every we'll meaning man III the State
bend his energies to open another road
to the selection of the occupant OF the
bench rather than to drag the judici-
ciary down to the lowest depths of the
endeavouring to be discreet; after
avoiding every crowd, every hastings,
every demonstration; [ say this after
being the successful candidate, having
done no act nor uttered any word pub
licly (which Inowregret. I allude to it on
principle and upon principle I appeal
to you, and through you to the virtue
and manhood ofthe land. Remedy this
evil, let it be speedily done. Oeca-
sional collisions between the bar and
bench are inevitable. The lawyer,
fresh from the view of the wrongs and
sufferings of his client, can not but
feel some evaporation at the GOODNESS
with which the Judge listens to their
detail, and the pitiless impartiality
which 1t is his duty to n aintain. Severe
impartiality may and should always be
the rule of the Court, as you can
well conceive from a high sense
of official obligation, maintaining the
laws he is sworn to administer, with
unfinching frmness. But you cannot
conceive, whatever may be the sense
of duty, of looking upon the suffer-
ings and agOnies of a fellow creature
without one tear ofpity for his misfor-
tunes. Laws may control mere judg-
ments, but they cannot or should not
change the hearts. In the harshest
and severest DEGREES, mildness and
sympathy are becoming. Justice may
drop tear into the wound she inficts
without compromising her divine char
acter. It is impossible that q Judge
should please everybody and do jus
tee to the law and to himself. Coun-
sci and parties sometimes convert
legal into personal differences. This
IS very absurd. E Judge cannot de-
eide both ways, and ii lie listens pa
tiently 10 both sides end gives the
case the best lights of his conscience
and Judgment, he performs his duty
and no one has either right or reason
to complain. Let US mutually promise
each other to try to guard against any
unnecessary heat. II occas onaily in
the zeal for your clients you should
show more ardor than discretion,
shall try to bear in mind that I have
been along there myself, and have Of
ten, no doubt, tri ii the temper anG
pa fence of the incumbel. of the bench
L 1ecollect III one Of my straits [ was
endeavoring TO work up a new theory
before the lamented Gillian, (whC
by the way, OF all the Judge:
ever knew, had the happies
way of inducing zeal on the part O.
losing cou2soD when he had heard
me patiently, lie came back at me- 81
kindly that / had not the heart TO bt
angry with him. In his bland man
ner, he said that for long time ht
thought the law had been settled, yes,
fully settled, adversely to Inc. aud Ii
never had any reason to doubt that i
was correctly settled, until he ha6
listened TO the argument OF his young
friend. [ said Judge spare me ana
forgive my presumption. [ felt graft
fed by his reply when he said, do no
call it presumption, Tor while ;st time
leading fOrIorn hopes, the brain con
celyes an idea which when FULLY dere!
oped, brings change Of opinion an6
long settled convictions of law entit!e,
judicial Legislation" by the force 0
that idea are reversed by the Sl3renl;
Court. On the other band. If Ill tin
impulse Of the moment, [ should SHOW
any of the lmpatleLce CT }sctGianc;
which too often accompanies otficia
position, [ trust you viii reflect thu
It may be your fate some time o. ctEel
30 be placed IN the same pre,.ici.rIent
and then l know you VIII be lndul
gent. From such as Do not dread TIL:
misfortune, I have very little hope q
Indulgence. The surest safeguards e
good understanding between ID.
Bench and Bar and to thorou1h 40
prcciation CT each other, is for each K
strive to master the law and the facts
OF thu case.
Most Of The differences of opinion u
this world grow out OF a misunGer.
standing OF each others meaning.
There has been a loose aud indefinite
use Of words On vague and general
view Of facts. We do not always afiy
the same meaning to the same words,
and We 60 often use different words il
the same sense. Oh that we had more
masters OF tie English language men
who had the happy faculty and tie
high gift to be able to always use the
right word in the right place! To
bring the parties Together. 1t IS only
necessary that each should understand
the subject OF dispute more thorough
ly. Forensic discussions are no ex-
ception to the geneIai rule. Nothing
conduces to shorten them SO much az;
accurate knowledge Of the law al
facts. All cases, even the most com
piicated, can be reduced to q few
points-are nearly always thus reduced
by final decision. The process Of
elimination is as good il alignment as
in mathematics, and, like the account
ants balance-sheet, while containing
but little, shows the exact c0nGil ton OF
the largest mercantile transactions.
The more thoroughly we master the
case the fewer, as q general rule, will
be the controVerted poiuts Most law
yers are, naturally enough, afraid 10
concede anything because they have
net sufficiently digestcd their case
to see the result OF the concession,
in all its bearings. There are
few OF us SO gifted az the learned
counsel OF whom [ have heard, who
was in the habit Of shortening the trial
AID the argument OF causes in which
u