The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-02-17
Eulogies ON the Memory of Judge Thomas
n. DuYal.
In United States Circuit Court at Austin
Texas, February 8, 1881.

pressed in writing their judgment
of u brother who Is dead, and have
requested Inc to move your honor,
who now fills the place made vacant
by his death, that their estimate of
his life and services be spread upon
the minutes of the United States
district court, for the western
district of Texas. OF his birth and
lineage L will not speak. but of the
man. "PhiLOsOphid SteBaBld non IN
spicii, PidtOnem non accept nObile1R
phiLOSOphid, sed .fecit."
Tho history of Judge Duyafs
life was but yesterday conveyed by
the press to every homestead in
Texas, and without repeating the
story of his cventful career. / per-
form the mission entrusted to me
by my brethren, by speaking of the
man Us he was, of the judge as we
knew him. This lull in the antago-
nisms which bring men to this
place, this pause in our busy lives
when we mention death, should
serve to remind us Of our own NOR
tally, and point our aspirations to
the virtues of him whose memory
we revere. After an acquaintance
of twenty-five years, l may safely
aver that / knew him, not only as
a man, but as judge as well.
The obituary notices of the press
often portray for the dead, vir-
tues not mentioned until after
death, but in the presence of these
lawyers, who were the friends and
associates of Judge Dqyal, ! will
speak of him the simple truth,
though it must sound to those, who
knew him not, like adulation.
lie was among the purest, if not
the purest man L ever knew. l never
heard him utter harsh expression
in regard to any human being, and
cannot believe that any other man
ever heard him speak unkindly of
his fellow man. We might here
pause, and bowling before a charac-
ter, illustrating by this one trait, so
broad charity, feel that he pos
sessed all other virtues. One of his
married daughters, crushed and still
trembling between life and death,
from grief for his loss, told me that
she never heard him harshly re-
prove one of his own children. |
mention this as illustrating the gen.
tleness of his nature, for he exhib-
tied, even in old age, the modesty OF
early boyhood How often have we
seen him blush like girl over our
harsh expressions, when we would
forget ourselves in an exciting con-
troyersy, and if fine were then I'M
posed, it was to vindicate the males
ty of justice, and not to appease
the anger of a judge.
No stilted dignity was assumed by
him to inspire us with awe for his
judicial power. Nature gave him
the simple dignity of a pure man.
hood, which commanded respect for
him IN all his ways, This covered
him like a garment, and while it re-
PEELED the rude approach of the
boldest, his fare was that which tim
i'll child would approach and trust.
Such was the goodness of his
heart, that none of us can believe
there was man in all this world
SUCH hated him, while he lived; if
pity the nIhere WAS, we can but
was cberisired. Anu --h.thAt hate
toll he who had a9Judeated the
riGfI to vast millions, and who had
lived without ost<ntation, died poor.
Though no speculative enterprise, by
which money could be made, tor
tured his rest while living, no credi-
tor could complain of unpaid debts
when he died. r,
Your Honor, and these brethren
of the bsr, know that what l have
said of his character is but simple
trutL, and is but the echo of mems
judgments regarding him while he
get lived; for such was the symmetry
of his character, that we scarcely
knew which most to admire, the gen
tleness of his nature, or that broad
charity, which could embrace the
whole human race in the arms of a
universal beneYolence.
Judge Duval as a judge, was al
ways conscientious, patient and Ia
borlous, and no disappointed liti-
giant in his court ever questioned
the integrity of his motives. He was
chiefly remarkable for that amiable
patience which never tired in the in
vestigation of truth. No cause sub
mitted to his Judgment was decided
until he had explored, if necessary,
the whole body of the law bearing
on the subject, and satisfied
his conscience. Nor was he en-
barrassed by pride of opinion, after
his judgment was announced, for
if on re-argument he found that
he had overlooked the weight of au-
thority, he cheerfully corrected the
error.
Remembering the admonition of
Lord Bacon that "a undertaking
judge is no well tuned cymbal," he
heard with silence the arguments of
others and never embarrassed JUS
tice by arguing himself into prema-
ture conclusions. In all his long
judicial career he personified the
chaste goddess of justice with her
bandaged eyes. As-the tones of i'm
patience or of anger. never passed
his lips, so neither did the insidious
poison of prejudice warp his judg-
ment or stain the purity of his err
mine.
Such was the judge, who for more
thaa twenty years personified here
the dignity of Federal power and
the majesty of Federal law, But 1
would fail to do justice to the occa-
sion if forgot to say, that in the
darkest hour that ever passed over
those of us who differed with him
while war was doing its work, when
the storm was over, he never falter-
ed in upholding the writ of habeas
corpus but with meRSe qua an arduus,
awarded it for the projection of the
citizen. For this also we loved
him, and revere the memory of the
Judge who possessed a courage
equal to his convictions.
To Judge Duval we may apply,
more justly than to any judge 1 ever
knew, the words of Xenophon con-
corning his friend Socrates: HE
was so just toward men, as never to
do an injury, even the very slightest,
to any one; whilst many and great