National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-24
THE COURTS.
SUPREME COURT OF THE UNITED
i.n STATES.

-.-.I TIE VOURI6. .e,,,,-e~
SUPREME COURT OF THE UNITED
i-n "a STATES.
FR1pAY, October a, 1aL.
On motion Of Mr.. P. Philips, Samuel T. NeIll,
ESQ.,, Of Titusville Pa, was admitted to practice
as an attorney and counselor Of this court ID.
On melton Of Mr.. q. W. Horner, William n.
Hunt, ESQ.,, Of New Orleans, La, was admitted to
practice as an attorney and counselor Of this
court. % b..i5Gal r
On motion Of Mr.J. B. Campbell, Augustus T.
Smythe, esq.,, ofCharleston, S, O.. was admitted
to practice as an attorney and counselor Of this
No. $50. oh. Lomer ct al, plaintiffs in error,
VS.. Edward Wflletts eL al. In error TO the Cir
cult Court Of the United States for the Northern
district Of Illinois. On motion OF Mr.. J. d. Nc
Pherson, ordered BY the court that the writ Of
ror il this cause be docketed and dismissed with
costs. 1000. - slT II,
No. 600. The commissioners Of Hamilton coun-
ty, Ohio, plaintiffs In error, VS.. John Gray. IN
error to the Circuit Court Of the United States sr
T. d. Lincoln, ordered by the court that the writ
Of error in this cause be docketed and dismissed
No. sso H. A. Smythe, collector, sc. plaiutif
in error, vs.. H. o. Fiske ct al. This cause was
submitted on printed arguments by Mr.. Attorney
Philips, OF counsel for the plaintiff in error, and
BY Mr.. Edward Hartley for the defendants, under
10Th rule.
In presenting the proceedings Of the bar in re-
lation TO the death Of the late Judge Curtis, Mr..
Attorney General Williams addressed the court
as follows:
formerly an Associate Justice OF this court, and
one of the most distinguished members Of its bar,
departed this life on the 18th day Of last month,
and his professional associates here, feeling like
q family bereft Of its head, have expressed the
sense OF their bereavement in fitting resolutions,
which, at their request, have now the honor to
present to the court. Our deceased brother was
born at Waterfowl, Mass, In the year 1909, and
came down to his grave with all his faculties un-
impaired BY decay OF the infrmlties Of age.
and those who knew him in that capacity will
not, am sure, charge me with exaRgeration In
saying that all that has been said Of the ablest
and best Of our profession may with fitness be ap-
piled to him. i was member Of the High Court
Of Impeachment when the President OF the uni
ted States was put upon his trial before that
body, and had, therefore, an excellent opportu-
nifty to see and hear the deceased, who was the
leading counsel for the defence In that case. The
late Chief Justice presided. Senators and Rep
resentatives occupied the floor Of the Senate, and
distinguished people from all parts Of the world
nned its galleries. The political pulses Of the
was thrilling and historic.
When the prosecutors had submitted their evil
Judge Curtis followed with statement Of the
respondents defence. was greatly impressed
with his presence. When be arose to speak he
seemed TO be the personiAcation Of solidity and
strength. Added % his striking features and
form be had peculiarly hrm and broad way Of
standing while he spoke, which seemed TO ex-
from his positions. He was not excited or en-
barrassed. He commenced with the composure
Of conscious power. He presented the facts and
points Of the case in such comprehensive, CON-
pact and logical manner as to make the speech
model Of forensic discussion. Brougham or
Burke would have displayed upon that occasion
wealth Of Imagery and Illustration; but the
language of Judge Curtis was as pure and ehaste
as the lectures Of Blackstone.
/ will not venture TO say that our departed
brother was the equal Of Webster but 1t Is safe I
think, to assert that he was more like Webster
than any man who has Of late years, If ever, ap-
peared in this court. Some one has said Of Lord
Mansfield, that his statement Of the facts Of .
case was worth the argument Of any other man,
and few gentlemen viii feel dlsparaged, 1 pre-
sumo, If this remark Is made applicable TO Judge
Curtis
His emInence as a Justice of this court has been
universally acknowledged. His Opinions Indicate
an enlighted and conscientious Judgment. Mas
terly expositions Of constitutional law have been
given from time to time by the great judges Of
this court, but none ever delivered here was more
exhaustive in its learning, far-reaching in It's
results, than his dissenting opinion In the bred
Scott case. Chief Justice fancy and his asso-
ciates, excepting Curtis and Mclean, labored
with great ability TO make color constitutional
criterion Of American citizenship; but Justice
Curtis, with broader application Of the true
principles Of our Government, affirmed that the
free natVe-b0rn citizens Of each State citizens
Of the United States; and on account Of the over
SBS a9es 81 s 70 e s
contrary opinion Of the court has been without
any considerable weight or influence. Civil war
has since followed upon this ana cOgQaIo Ques-
tons, but It yet remains for this court to define
the rights, immunities and privileges Of citizens
Of the United States, and TO determine to what
degree Of protection, such citizens, they are
entitled to from the Government Of the United
our deceased friend was not distinguished in
the political world. He was never drawn into the
vortex Of partisan strife by the prospect Of ON
cial honors. His ambition was TO be q great and
successful lawyer. Seventeen years ago hs gave
court to resume the practice Of his profession,
and since then he has hardly been equaled in the
number and variety Of the great causes in which
His solid and massive intellect was enriched by
acquisitions from every branch Of Jurisprudence.
He argued questions as TO the functions of gov
erment, the construction Of statutes, and the doc
trines Of the unWritten law, with an equal full
ness Of learning and prOfOundness Of thought:
There were no fancitul quotations or pomp OF
words about his speeches. They were as plain
and simple as they could be. This is the highest
style Of speaking at the bar. Weakness Of ar
gumentatiye power, as often as otherwise, dis
plays itself in turgid ard SNOWY declarations;
but to make each void necessary link in q chain
of logic that draws and binds the Judgment Of
the nearer to the conclusion Of him who speaks,
is the work Of = master mind, and In this Judge
Curtis exeelled. Few cases come before this
court in which there is not great variety Of de-
batable points, some vital and others incidental
70 the controversy and very often all Of these are
discussed as though there was no difference in
their value; but In addition 70 his other ne facul
ties, Judge Curtis had the power to detect and
eliminate from case its decisive Issues and with
these alone ne occupied the time OF the court
would not seek Yainly to pour aattery intOthe
"dull cold ear OF DEATH or seem 70 praise one
who Is dead as though he had none Of the infrmi-
his U Ut domestic and Vocal Qualities and
habits, (of which know little or nothing,) and
Judging only from his professional character,
feel at liberty to say that, as nearly as any one
ever knew, he filled the measure Of q perfect
lawyer. When an intellect 80 highly gifted by
nature and 60 developed and inyigorated By dis
oipline and culture is extinguished, society as
we'll as friends suffer q great loss. The bench
and the bar are stricken with real sorrow.
Our sad duties to-day iorclbly remind Us Of the
breVity Of human life. All those who with Judge
Curtis occupied the seats now hlled by your
Honors are, with one exception, dead, but they
are not forgotten, and will not be 50 long as IN
this Supreme tribunal OF justice questions relat-
ing to the powers Of government, the relation Of
States and the rights Of citizens are argued and
decided. No more forever viii they be seen here,
but their words Of wisdom and authority remain.
Grateful memories silently lnger around their
recorded opinions. Our successors and those who
their imperishable thoughts with pleasure and
profit. Hup1bly following their example and
emulating their virtues We may hope that when
our time comes to 90 from this earthly court 70 q
higher Judgment seat we can dock eheerfully into
the great hereafter, and Ike them TOO leave
behind rs footprints IN the sands Of time.
The following resolutions were then read By
the Attorney Generai
The bar Of the supreme Court Of the United
States, assembled IS on occasion Of the death Of
their brother, Curtis IN testimony Of their great
affection and esteem for him in life, and q the
great loss which the courts and the bar Of the
whole country and the community at large suffer
in HIS death, adoptthe following resolutions:
Resolved, That We ind In the professional life,
labors and hon0rs Of BENJAMIN r. Curtis, as dis
played IN an elevated and extended career Of
Judicial and forensic duty and distinction, the
Imposing traits aud qualities Of intellect and
character which, IL concurrence, make up the
true and permanent fame among men Of great
lawyer and great judge.
Resofrsf, That the example presented BY his
life Of great natural powers faithfully dlscp lined
and completely developed, expanded ey large &C.