The morning star and Catholic messenger., 1876-03-12

| A FRIEND OF ABRAHAM LINCOLN, AND
| ASSOCIATE JUSTICE OF THE SUPREME
| COURT.
| New York World
Sitting two places to the left of the Chief
| Justice Waite is the man who ran upon the
labor reform ticket for the Presidency in
1872, much as Charles 0'Conor ran upon
that of the Straight Out Democracy, and
who, had his friends succeeded In winning
for him the nomination of the Cincinnati
Convention, would possibly have been in
Grants place to. day. 1 near David Davis.
He is worth looking at for many reasons,
personal as we'll as political, among which
this is not the least The Illinois politicians
j have made up their minds that after the
various prominent candidates to be pre-
sented to the next National Democratic
Convention have failed under the two
thirds rule, to secure a nomination, and
their respective champions are worn out
with rivalry and contention, they will
bring forward the Judge as a man upon
whom all can unite. His prospects for be-
coming q compromise candidate may be
fair, but there is nothing of the compro-
mise nature in the man himself. Every
thing about him betoEens originality, rude
strength, and positive convictions. His
face is almost typical AngIo-Saxon one.
His features are not finely cut, nor ia their
expression intellectual but, though coarse,
they are harmonious, and there is a look of
good humor, common sense and careless,
self confident manhood in the whole coun-
teuance. There is a narrow frill of gray
whiskers running round the Judges face
and under his chin, and the frosty colors
sets of his hale ruddy complexion to ad-
vantage. His judicial robe conceals his
figure to some extent, bnt it is plain that
he is tall and powerfully built. He has an
air of perfect feerlessness beftting one
a l.. l. i
feat. AT times it almost amounts-fdrete
linguistic a swagger. In fine 1 snould
sum up the matter by saying that Judge
Davis seems to be moulded of piece of the
same clay and kindled with spark of the
same spirit ae the Chief Justice of the New
York Court of Appeals. Every glance and
movement suggests Sanford E. Church-as
he was in 1879 before sickness touched him
bold, sef-reliaut, and hopeful. AS q
jurist, Judge Davis is careless of subtle
distinctions or legal precedents and looks
to broad, general principles and the eQui-
ties, involved in a ease. He aims to do
substantial justice always-sometimes do
ing it even at the expense of the law. He
has all the legal knowledge that becomes a
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 recon
struction, when our judicial system was
shaken to its foundations and the supre-
macy of the military power seemed immi-
nent, he was ever the champion OF the civil
authority and the advocate of the mild and
liberal Interpretation of coerciye statutes,
Heidi not hesitate in the heat of the rebel
lion to interfere to prevent the suppression
of the Chicago Times, and it was through his
prompt action that the case of McMil-
Ian, Bowles, and Horsey, sentenced by a
military commission at Indianapolis, was
| nCyh hafN thn
view. 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 con-
servative attitude of the Supreme Court
since then has been in q great measure due
But few particular incidents will illus.
trate pecuilarities of his character better
than volume of analysis. At AtIndianapo.
lls, which is within his circuit, a lawyer
! uamed ketchum was ready when his case
! was called, but his opponent was absent and
] had sent word that he could not arrive TO,
an hour or two. Ketchum insisted upon pro
, oeeding at once. The Judge demonstrated
, in favor of the absent lawyer, but to M
> purpose. "Well," said he, finally, /" if voT
insist upon going on, Mr.. Ketchum, yoJ
{ have, of course, the technical right to dI
so; but If were you l wouldn't urge the
matter. Over at Springfield, the other day
: there was just such a case, and the law
yer HouIo lnsisG npon going on with the
trial and so had to look after the inter
ests OF the other party myself-and, do yoU
know, curiously enough, Mr.. Ketchum, ",
} beat him !" It is needless to add that Mr.
ketchum concluded to wait. A well.to d.
farmer, who had fallen into bad compan,
and bad courses, was convicted before bin
of having counterfeit United States note
in his possession with the intention O
passing them. The Judge called him mp
and before sentencinC him askad ~ ~
, arranged his affairs In anticipation of hi
enforced absence. The culprit replied tina
conviction was q surprise to him, and
nothing was in order but that he could
settle his business affairs in about ten days
AS the criminal could find no one to 20 on