The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-16
MAN WORTH KNOWING.
A Friend Of Abraham Lincoln, and Associate
Justice Of tho supreme Court



Sitting two places TO the left OF Chief
Justice waite Is the man who ran upon the labor
reform ticket for the Presidency In 1872 much
as Charles O'Conot ran upon that OF the Straight
Out Democracy and VINO. had his friends sue
ceeded In winning for him the nomirntiOn OF
the Cincinnati Convention, would possibly have
been In Grants place to-day. I mean David
Davis. He Is worth looking at for many rea-
eons. personal as well az political, among mich
this Is not the least The Illinois politicians
have made up their minds that after the various
prominent candidates to be presented TO the
next National Democratic Convention have
failed. under the twO-thirds rule, to secure a
nomination, aud their respective champions are
worn ont with rivalry and contention, they will
bring forward the Judge IA a man upon whom
all can unite. His prospects, for becoming
compromise candidate may be fair, but there Is
nothing Of the compromise nature in the man
himself, Everything about him betokens
originality, rude strength, and positive con.
Anglo Saxon one. His features are not
finely cut, nor Is their expression intel.
lectual; but though coarse, they are har-
monious, and there Is look OF good humor,
hood I'm the whole countenaDce. There Is
narrow frill OF gray wbiskers running round the
Judges face and under bis chin, and the frosty
| color sets of his hale, rudy complexion to adj
vantage. His judicial robe conceals his figure
to some extent, but 1t u plain that he is tall and
| powerfully built He has an air OF perfect fear
| lcssness betting one never cowed or broken by
sickness or defeat. At times 1t almost amounts
sum up the matter by saying that Judge Davis
seems to be moulded Of piece OF the same clay
the the Chef justice Of the New York Court Of Ap.
reals. Every glance and movement suggest
| Sanford 4. Church-as he was In 1872 before
sickness touched him-bold, self-relant, and
hopeful. As Jnrist, Judge Davis Is careless
looks lSo TO broad. general Principles and the
| equities involved In case. He aims to do
substantial justice always-sometimes doing II
even at the expense Of the law. lie has all the
legal knowledge tnat becomes member OF the
highest court in the country, but he Is more
| noted for his Independence than for his legal
| scholarship; and during the war and the trying
period OF reconsttuction, when our judicial sys-
| TEN was shaken to its foundations and the SUI
| premacy OF the military power seemed inml-
| nent, he was ever the champion OF the civil nu-
| thority aud tho advocate OF the mild and liberal
hesitate IT. the heat OF the rebellion To Interfere
and IL was through his prompt action that the
case Of Mcmillan. Bowles, and Horsey, sentenced
by military commission at Indianapolis, was
| brought before the supreme Court Tor review.
In his opinion. he maintained the majesty OF the
courts against drum-head tribunals. and saved
the lives Of the doomed men. To his influence,
doubtless, the conservative attitude OF the SUI
preme Court since tnen has been IN great
hut few particular incidents will illustrate
peeuharit!es Of his Oh ,racter better than a
within his circuit, n lawyer named ketchum
WAS ready when his case was called, but his OPP
poncnt was absent and had sent word that he
couldn', arrive for an hour or two. ketchum
insisted upon proceeding at once The judge
demonstrated in iyor Of the 9e'en, lnwyer but
insist upon going on, Mr.. Ketchum, YOU have,
of course tho technical rignt TO DO so but n |
were YOU wouldn't urge the matter. over at
Springfield, the otner day, there was just such a
case, md the lawyer would insist "a ol going on
interests Of the other party myselt-and, do you
know, curiously enough. Mr. ketchum, we beat
him 70 II Is needless to add that MIR. Ketchum
concluded TO watt \ welto-do farmer who
had fallen into bad company and bad courses,
United states notes in his possession with
the intention OF passing them. The
asked II he had arranged his affairs In anticipa-
| ton OF his enforced absence. The culprt re-
| piled that conviction was a surprise to him, and
| nothing was In order; tut that he could settle
his business Affairs In about ten days. As the
criminal could ind no one to go on MS BAT bond,
the Judge allowed him TO depart on his own
recognilance, much TO the amusement of the
lawyers in the court, who laughed at the idea Of
the man being fool enough TO come back ag ain
out MIR. DAVIS insisted that the fellow had not
taken to the tall timber" His knowledge Of
| ed time the farmer returned, Ike Regulus. and
the judge sentenced MIN to the pen,entlary.
of the revenue laws are too severe, considering
the fact that they may be ignorantly and inno-
Gently broken. In such case when the least
term Of imprisonment allowable by statute was
one year IN the penitentiary, Judge Davis
i e WIT With pf the remark tbSt nobody %on
mind whether he neglected the law ex-
cept the prisoner, and he would hardly venture
to complain about II. In case where a loyal
Nrginian after the war began suit for a review
Of the procedure conhscating 100000 worth Of
State bonds, Senator Mcdonald argued that, "a
the Connscation act made the procedure in the
nature Of an admiralty seizure, there could be
no review. "We," said the Judge, there may
be no precedent, as you say, Mcdonald, for a re-
view in an admiralty case but when such a
thing as this can happen. IL Is time that there
was precedent, and am going 10 make one -
Instead OF multiplying these stories further, |
may say that one anecdote published In the
Cincinnati Commercial some time ago describ-
Ing a court scene IN Indianapolis, Judge ID wis
presidinc with his coat on a cigar in his mouth,
nd Il l4f4ft In on "A H.
aid arguing the cause with cigar In his mouth
and nis feet up on the other side OF the table, Is
somewhat oNcrdrawn. Both parties assert that
court was adiourhad at the time, and that they
were merely continuing the discussion OF the
questi IN up for decision for their own private
satisfaction.
As a politician, the career Of Judge Davis has
been peculiar one. Although spoken Of AS a
possible candidate for the Democracy, he has
never been wholly In accord with that party
manhood In Illinois. In the days before the
deluGe he an Old Line WING, and would
probably even yet retain some prejudice In favor
Of a protective system and liberal conception
of the scope OF Federal power. After the break
Ing up OF the wing party be became moderate
isana OF Abraham Lincoln In the Convention
which nominated him for the Presidency IL
| lsGO. lie was L,ncOln's warm personal friend
and presided over the State Circuit Court loi
! the Springfield district, in which the late
/, | President was often called upon TO Head. Is,
Lincoln he was appointed TO the suprem.
bench, and since the death OF his friend, OF
whose estate he was administrator, he has
gradually drfted into sympathy with Demo
cratic principles and policy. and into associi
| ton with Democrats WITH old-fashioned Re
Tublcans In Illinois, Judge Davis Is still great
fayorte on account Of his close association witt
Lincoln, ana among the farmers and the labor
: | ing classes he Ii pppulor, although a man Of
wealth, for his well-known bias IN favor Of III,
, | mechanic az against the capitalist, and the ind
! | vidual us against the corporation. His decisions
have been almost uniformly In support OF thu
grange legislation 80 general In the West durinG
| the last two years. He Is, therefore, one OF tn,
/, few men who could carry the State OF Illinois
' | for the Democracy IN 1876 and that fact add
| greatly 10 bis Availability. 1t Is also worthy u
: | remark that he Is one OF the two men whom thu
: | Chicago Times, the most wldey-circulated Jour
nal Of the West, pledges itself TO support /
, nominated Tor the Presidency. The other Il
| Samuel j. TIlden.
1t may he said In conclusion that Judge Davis
' although SO long upon the bench, 10 distinguish
ed for his executive not less than his judicial
pacity.
} THO YOUNG WOMEN SUSPECTED