Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-04-23
THE LATE JUDGE NICHOL-
SON.
Resolutions of the Bar, Presented I'm
the Probate Court Yesterday, by
Captain L. d. M'FarIand-
His RemarkSe

Yesterday rnornipg the resoIhtions o
! respect to Hon. A. o. p Nicholson
passed at recent meeting Of the Mem
phis bar, were presented in the probate
court by l.. B. M'Farland, Esq., with
the following remarks:
MAY IT PLEASE THE Co5RT: At 8
recently adjourned meeting of the ban
OF Memphis, was delegated to prese nj
to this honorable oou4t the resolutions
now submitted, passed at that meeting,
regarding Hon. A. o. P. Nicholson,
late chief Justice Of Tennessee, and to
ask that these resolutions be spread upon
The rainutes OF this houorabls court.
Ordinarily, sir, we should have regarded
this mere nresent-:, = pcrT3rmanee
Of the duty imposed, but in this case we
feel that no tribute cati be too extended,
or too Mandatory OF the virtues Of the de-
ceased, When such 8 man dies, while e
whole peor,e mourn bis loss, 1t is espe-
sislly appropriate that the sr4rviTinS
members of that profession TO which
his life gave 81 much Of dignity and
Iornment, should psuse from study
and debate and give earnest hesd TO the
pTomptiDgs OF the moment. 1t is then,
In tho contempt alton of such life, that
youth may be INSPIRED with renewed
hope OF future Ssefulluess and honor.
middle age re-resol9s upon continued
effort, and old are contemplate with
salts action thst il, teo. wss Of the dsys
OF Nicholson. Ibe voice of the law,
whose oracle he was, should be silent.
Justice herself, with bowed head and
folded hands, should stand with all
the glory df bis life UPON her.
It Is useless 10 review in detail tie
many incidents Of his life. They be-
long to the history of Tennessee, and are
familiar to all. Suffice il to say he was,
during the various periods of his life,
q member of the State Legislature, con-
stitutional convention, and other bodies,
as Presidential eleeJoT, United States
senator, judge Of the superior coufC, and
f1elly judge snd chief-justiee Of the sus
preme court of Tennessee. Editor, law
yer, statesman, 5ufist. There was nc
position in the gift Of his people he could
sIJt nave heId, and but few OF honor nu
did not hold. He adorned then, all. 1t
rAight well bs said of him that "he trod
the ways of glory, and sounded all the
depths and shoals of honor" Tho Incl.
dents of each Of these periods of his fa
would suffice for remarks more extended
than now appropriate. Ills c0nduct
and ability IN each would be sufficient
theme for all eulogium and psuegyrie.
We can but notice briefly some Incl
dents of his professional life; some
features of his judicial character. En-
gagged ss he was in the editing of IOliti-
cal and partisan newspapers, and filing
as he did so many offices of state, it was
feared and obi scted Of him that he wac
too much of a politician for safe judge.
When it was proposed to call him to the
bench, il was feared that his
opinions might be biased, and
his decisions might be controlled
by considerations OF popular prejudice,
fear or favor. The more thoughtful
were of the members of the bar, recog-
nising the importance OF en- independent
and fearless Judiciary; Independent, not
only Of the influence of the executive
and legislative power Of the State, but
also that more subtle, more powerful
and far more dangerous inf1uence-pOp-
1lar Opi'lion-hesitated to call him to
hat exalted position. And of what
mighty Importance ia such independ-
snce! In times of peace and prosper
ty, when all the machinery Of human
rand government run smoothly
md the incentives of human action are |
o the enforcement of law and order, we
're not apt to fully appreciate this. But
when war-civil or foreign-and adver- |
ity comes upon q people; when society |
disOrganiz d, an1 the prompt |
ngs of necessity or sYsfics, ere u dis /
,rder and anarchy is then g-s look 60 /
he judiciary as the last bulwsrk and |
iefense of our property and our liberty. |
t should be Independent, and Justice |
vas properly typifed by the aucients as
ested upon lofty eminence, above the |
waves Of passion, and breath, Snd cur
ent OF pOpular clamor. Happily, tn ese |
ears as TO him were groundless. He
vas too much of lawyer when q judge |
o be a politician. His intellectually |
laced him too high. When he ascend |
d to the bencn ne seated him
elf above Ali considerations
ut those of right and justice.
lie was .eminent!y fitted for the high
ldicisl position to which he was called.
rom his youth up, and through his
7hOls life, he was "a ardent student of
be law. He illustrated the saying,
that learning is marble image which
YARNS to life not under the chisel OF
he workman, tut st the wSrship of the
culptOr. The law was 10 him the Psyche
PymaliOp, and his devotion was the
T0rship Of the artist. Again, it has
cen said by an eminent judge, that no
aWyer could Ee of much assistance to q
ougt unless he had grown up in the at
lOsphere of the statutes ard practice OF
nat court. He not only grew up in the
tmOspAere of our courts, and always
amiliar with our legislation, but many
7ere tie saluGsry reforms suggested to
le legislature by him, and in many in
tsnces the laws were drafted by him to
leet some defect in, or necessity Of, the
undiscovered by his own experience.
urely in his case, "Ihe legislator was
ut the servant Of the tinker Sir
fattheW Hal said of the common laE,
that it was not the product of the wis
ON Of some one man or society OF men
1 any one age; but OF the wisdom,
Ounsel, experience and observance of
lany ages of wise and observing men,"
o him, in perhaps as eminent degree
3 to any one of Tennessee's
lany and gifted sons, does the
Ommon and statutary law Of Ten
essee owe its system and perfection.
Lis was an eventful life. Born in the
lorning of our national existence, and
youth when Tennessee was but a
Outh with him, he passed through all
le events of their history to the pres
ut, and shared in the yicissitudes OF
leir fortune. Now seated in the senate
the United States, the friend and
Of Presidents, and a states
ian among statesmen; afterwsrd inn
risoned in a felOn's cell IS the enemy
that government he had served so
ell; then restored and, at last, exalted
the highest position in the gift of his
aople. We confess, toe, when such a
ian dies, carrying with him to the vast
nknown his gathered wisdom, his gar
cred learning, his sound judgment from
ng experience, to feelings of more
ian ordinary regret and sadness. 1t is
much actual loss to humanity-sOl
uch positive hindrsnce to human pro-
.ess. "a great learned man is q long
me in making up." This is especially
OF a good lawyer, and when he dies
ature has no compensation to humanity
r the lcss.
There is another view for the profess
on: While there is great advance in
I material knowledge, the habits of