New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-29

yOlylng question OF wide influence in mercan-
tile law-thc right Of one who has acquired
commercial paper by Endorsement, before its
maturity, and in good faith, to enforce it under
all circumstances against the maker. The
opinion, which fills fifteen printed pages,
reached results decidedly more favorable to the
integrity and value Of negotiable paper than
some previous decisions in England and even in
this State. They have been adhered to- and
even strengthened and developed, in later cases
in the Supreme Court. In 1864, Justice
Swaync, with whom the other Justices all con-
Cured, declared that in Justice Clihord's ear
lest opinion 4" the subject was deliberately and
exhaustivcly examined, both upon principle
and authority'; and that it's propositions had
become the settled law of the Court In the
! latest case but one in which Judge Clifford ap-
pears to have acted, the same subject was pre-
sented, and the doctrine and opinion in Good
man VS.. SimOnds are cited as controlling.
| Throughout the long series of the Supreme
| Court reports his opinions recur frequently, and
| are generally characterized by extensive and
accurate learning, wide reading and abundant
citation Of authorities, thoro ugh scrutiny of the
| facts, however complex the case and impair
TALLY as between individual suitors. When
| theories of government were indirectly involved
| in cause, Judge Clifford showed his prepos-
| sessions. His independence of Judgment is in
Dictated by the number of dissenting opinions;
and when he dissentcd no labor was spared to
establish for any possible future occasion the
| position he deemed it right to take. Through
| out number of the volumes his opinions are
marked-or married, as many would consider
| by persistent omission of the article. This
seems mannorism or atfectation somewhat
weakening the style; and there was court
| Al
conference room, moved the humorous resolu-
| ton That Brother Clifford be encouraged u
use the definite article in moderation" Perhaps
in Difference to some hint like this perhaps by
means of friendly care of reporters, the pccui-
arity is less noticeable in the later opinions it
| never obscured their substantial value.
| In his Circuit Court as well rs Supreme Court
decisions, admiralty, maritime and commercial
subjects are prominent; and such copies are
| discussed with learning and Il fair liberalty Of
| spirit toward progress, though without much
effort to advance tho law. Collision causes in
numbers came before him in these there is not
| often opportunity for the development Of prin-
! ciple, but his patient study and thorough mas
| terry of complex facts are noteworthy. In admin
| lStratlon OF the criminal law he displayed
knowledge of technicalitcs without being
| swaycd by them; he was generally ready to en-
force the penal law, yet in conservative epirit.
His decision in 1883 against the defence of in
sanity urged in behalf of Captain Holmes in
| which ne discarded novel views which have
since been widely discussed, and held the ac-
cueed to the full measure of responsibility in
Dictated by standard English cases, is q good
| illustration. Our patent and copyright law owes
| much of its development during. the quarter
century to his labors he sympathizcd with the
growing demand for moro liberal recognition
of intellectual property, and his decisions in
this field, instead of being marked by conscrva-
tive care to keep within the letter of tho law
and the track Of prccedcnts, show % disposition
to advance the law commcnsuratcly with the
growing demands of human progress. OF this
his decision in the famous Lawrence and Dana
suit, and several decisions which contributed
largely to establish the Goodyear india-rubbcr
rights, are examples.
1t was in the causes OCCASIONALLY occurring in
which political issues are indirectly involved
that his conservative spirit shonc most clearly
llo was appointed from the Democratic side,
toward the elimination Of Democratic
policy before the war, and naturally felt little
sympathy with the rise and growth Of the en-
larged views of National authority and Federal
power which soon afterward obtained. Not
only IN the judgment against General Neal
Dow, in the dissenting opinion against the legal
tender acts, and in the deliberations of tho
Electoral Commission, mentioned lately in
The TRIBUNE, but in many other instances. Ire
made whatevcr stand he could against the
movement of his times yet always with learn
ing and integrity. Thus in the Circuit Court he
readily held that Confederate priyatoors were
not pirates, and that the income tax could not
be collected from Il State Jud &c. Early in
the war when a Massachusetts man under mill
taIy arrest by order of Secretary Cameron
asked him for writ of habels corpus, which he
granted, but which tho military authorities re-
fused to obey, he calmly regretted " that officers
Of the United States should obstruct the writ.
and that the Court had not the command of
tho physical force ncedfui to effect service ".
and ordered the writ placed on file, to be served
whenever practicable
We do not hesitate to pronounce Judge
Clifford n jurist of eminent ability and useful
ness. His ability was that in which learning
industry, integrity and professional enthusi-
asm are the chief components. In usefulness
he belongs in the class of which Chief-Justice
fancy was q type. That insight that uncon-
scious sympathy with human progress, which
IN rare instances enables Judge, while scr,ipu-
lousy administering existing law. to expand
advance and develop it cOn,mensurately with
human needs, he did not much display We do
not place him in the class of which Marshall
and perhaps Story, on tho Federal Bench, Mans
field in England, Kent, and perhaps Oakley, in
this State, are distinguished representatives.
But bis name will long hold respected place
~ ;,,,1;a .oI