The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-13


homage which man ought 10 render 10 man. and may
claim but not till then, to stand by the side Of our
yenerated rilghman.
Mr. Binney was present in April 1900 as initiate
lawyer at the which led 10 the impeachment OF
Judge Chase and thus he has described IT, He speaks
OF the second trial Of John Fries for high treason ana
says: Before a jury empaneled for new trial,
Nj Justice Chase, OF Maryland, who in the seat
before occupied by Judge Irede informed the Bar that
the Court had made up their opinion upon the law OF
involved in the case and 10 prevent being mis-
understood they had reduced II 10 writing ana had III
reced copies Ia made tor the District Attorney the
counsel of Fries the prisoner and the jury which were
then handed for distribution to the Clerk OF the court
who placed them the ttbh ut the bar
Mr. Lewis with some debcration and solemnity,
rose from his seat slowly approached the papers and
lifting of them 10 his eyes gave snort slnre ~ u
and threw II down upon the table lie theh Withdrew
aud retired from the place he had occupied without
uttering word Mr. Edward Tighnan approached
him SAID "a few words 20 HIM about the INNOVATION, ahh
after the transaction of other business the Court
adjourned for the day On the next morning, when the
cause was called Mr. Lewis informed the Court that
upon tuu and solemn consideration he declined proceed
ing counsel for the prisoner as the Court hid plr-
Judged the law and Mr. Dallas his colleague declared
himself To the same effect though with hesitation, ne
said which he would not have fell II the Court had not
appointed him assistant counsel for the prisoner
There was profound silence and deep sensation at the
bar and the Court had no doubt been previously cd 10
expect IT, for Judge Chase informed the counsel that
they not bound by the opinion, but might contest
both sides, and Judge Peters expressed WISH tht
the counsel would proceed and take the course thcy
should think proper The papers, lac said, were with
drawn The Judge had probably deferred To Judge
Chase and let papers 90 the opinion OF the Court
without any very cordial sanction Mr. Lewis with few
but distinct and solemn words replied The Court has
prejugcd the law Of the The opinion OF the Court
has been declared Amer such declaration the counsel
have hope of changing it, The impression of must
remain with the jury The counsel therefore viii not
act in behalf of the prisoner The effect electric,
for Mr.. Lewis had the full sympathy OF the Bar.
Judge Chase however, did not forget his personal
dignity the dignity of the Bench lie immediately
rcoined the effect that then, with Gods help, the
Court would be the counsel Of the prisoner and would
see that he had fair trial And no doubt he had fair
and "A second time and sentenced
death But the pardon thai cnsued was not mprobaby
induced in part by what had happened The life of tho
prisoner was saved and the conduct OF Judge Chase was
made article OF the Impeachment subsequently pre-
frred against him by the House OF Representatives, and
out Of thirty four Senators recorded against him
upon that charge the vote OF guilty The larger number
voted Tor his acquitta upon the ground probably of the
absence of all corrupt or oppressive intention IL was
acknowledged that the previously declared OPINION Oh
the Court had been sound in point OF law was pres
this in April 1900, and have given 1t as my
memory retained IL.
In February 1902 Mr.. Binncy admitted to the
Supreme Court of the United States, ard there argued
the case Of the Bank OF the United States DevluX
reported in 5th Crunch the counsel according 10 the
report being beside Mr. Binney, Robert Goodloe llar
per Philip Barton Key Waller Jones Mr. Binney's pre-
ceptor Jared Ingersoll, and John Quincy Adams. 1t
was probably this OCCASION that the visit " Wash
ington occurred OF which IN his Memorials OF
the Ancient Bar speaking OF William Lewis, he gave
description Of tho journey Of primitive days and thai in
veterate smokcr'lIe smoked cigars necessarily. Ho
smoked al the fireplace in court He smoked ia tho
court library He smoked III his office. He smoked IN
the street He smoked in bed And he would have
smoked in church like Knockdundcr in the Heart Of
Midlothian if he had ever gone there The scryitudo
was unremitting a most imperious master. 1t did
not look like accommodation To health or 10 taste
but like submission to conquest by external power
''lhe smoking IN bed was IN one instance, literally
verified bv my self and my venerable master upon
winter Journey the Supreme Court nj Washington in
the year 1909 when in the days OF coaching We passed
first night al the Head of Elk and called Mr. In
gersOus attention to it, after had got into our re-
spectiye beds in tRe same large room and the last can
die had been exiting flushed The cigar firing up
from Mr. Lewis pillow, and disappearing in darkness,
like revolving light the coast He was once ordered
into the custody of the Marshal by Judge Chase who
affected believe thai the audacity in some inter
lOper the chimney corner of the court room; but
Judge Peters explained, soto and il passed The
cigar did not reppear ia that presence In the Supreme
Court Of the State winkcd al before the time Of
Chief Justice Tlghman but after he TO the
Bench was relegated to the library 1t had been
tolerated the longer initiated the
pie and it had the asserted apology of weak health
Then IL that Mr. Binney made the acquaintance
Of Chief Justice Marshall OF whom he thus, IN later
life spoke Ellis carriage IN the discharge OF his Ju
dcial business faultless. Whether the argument
was an mated dull instructive superficial the
gard expressive eye that nothing
that ought to affect the lost by inatcnton or
indifference, and the courtesy OF his general manner was
only restrained the bench necessary for
the dignity Of Office and for the suppression Of hmil
iarity."
Mr. Binney practised in the federal Supreme Court
occasionally and at long intervals His last appearance
there indeed, anywhere professionally being in the
Grard will case in ls44 IL attempt absurd and
childish seems but for the great professional
thority which invoked to sustain it, TO deprive the
city OF Philadephia Of the benefit Of Mr. Grard's de-
wise on the ground of the supposed rrelous effect Of
the testators plan Of charity The counsel of the
claimant were the present Judge Cadwalader, Mr. Bin
ney's son naw, Walter Jones and Daniel Webster and
of the city of Philadelphia John Sergeant and Horace
Binney The working was Mr. Binney's. Mr.
Webster made great Grafton almost sermon, ON the
Christian res1h rc bnhsy EXHAUSTED ~ shor,,oh Inc
requests The Court unanimously, and they
said with emphasis sustained not tho orator
but the lawyers, and Mr. Bnney retired from the Bar
with a proud consciousness OF having done his duty
OF fidelity and gratitude to his birthplace Whether
Philadelphia ever sufficiently thanked him and his coll
league We do not know but there Is u twang tho con
sciousness Of injustice in the words we lind in one of
Mr. Binneys later writings. There Is no excuse he
says for great city indifference the really great
talents that sometimes found in connection with
chem and this is the fault referred TO- that Philadelphia
has been hitherto, and perhaps mmcmorialy indiller
ent insensbe TO the abilities OF her sons who have
gained their first public consideration elsewhere She
is wanting IN civic personality, or what Is perhaps
better phrase for the Thought family unity or iGen-
ty. She does not take and she has tken sat
isiacon in habtuaLy honoring her distinguished men
us her men az men " her family. II Is the city
that is referred TO- MS distinguished perhaps from the
Of the State She has done 1t in the face Of
the world as Charleston has done IT, rs Richmond has
done IT, New York has done IT, least did 1t for
times and Boston did IT, has done IT, and will do
it forever She is more Indifferent 10 her sons than
she is to strangers; and this perhaps may be the
why other parts OF the state 50 much more readily
advance their own mon To public Office and distinction
Let be remembered that thus Is reference TO poit'
cal Encouragement. for, shall see, Mr. Binncys
aspirations Ia that direction very feeble In 1872
Chief Justice Tghman died. and by common consent
Mr. Binney was chosen his euOgst That eulogy
lies before write and its earnest pous words
OF elOquence still sound in the ears Of HIM who heard
the cuogy and now pens these lines OF grateful mem
Dry Lawyers Of to-day may read with reverence these
words
''Tho first great property which his decisions disclose
his vcneraton Of the law and above all the funda
mental common law There Is not line from his pen
that ries with the sacred deposition IN h hands by
claiming TO fashion 1t according To private opinion n
what It ought to be. Judicial legislation hc abhoued,
should rather say dreaded implication Of his
conscience His first inquiry IN every case was OF
the oracles Of the law for their response, and
when he obtained it, notwiths landing his clear perccp
of the justice OF the and his intent desire to
reach IT, il II not the Justice Of the law he dared not
10 administer a. He acted on the sentiment Of Lord
Bacon that 10 the oulcst injustice TO land
marks and to corrupt the law Is 10 poison the fountain
otjuatce With consciousncss that 10 the most Of
sci.ncc there some limits hut TO the evils Of
lccntous invasion OF IT, he left II to annual cgs-
atures 70 cOrectsuch defects In the system az tmo
either created exposed and better foundation in tho
law no man can lay
In 1888 John Marshall died, in Philadelphia and his
remains were carried Icycrentally Tor there was
alienation them by Philadelphia lawyers to their modest
resting place IA Richmond Mr. Binncy again became