The Republican journal., 1881-08-18
Justica Clifford.


vices. He was appointed 10 the Supreme
bench early in 1875 hence he was scrv-
ing his twenty fourth year at the time OF
his death. This is an unusually long
term Of judicial service; and Judge Cliff
tord's opinions as Il member OF the Su-
preme Court, which are numerous as well
as long and learned, are distributed
through forty one of the one hundred and
two volumes i'll which the reports of the
Court are comprised. He was assigned
also to the First Circuit, which was, at
the date of his appointment, even more
than at the present day, one of promi-
nent Importance. 1t comprises the States
of Maine, New Hampshire, Massachusetts
and Rhode Island. Various causes have
developed in that circuit Il volume Of law
business Of very varied as well as impor-
tant character; the Circuit Court there
has also been assisted by bar of eN-
Ceptional ability in Boston, and has been
more continuously reported than any
other. The profession throughout the
country were long accustomed to look To
the First Circuit aS 4 chicf source, after
the Supreme Court at Washington, of in
struction in Federal jurisprudence. Judge
ClitOrd's opinions and decisions upon the
circuit till four volumes and these are
perhaps even more suggestive OF the
mental character and calbrc of the man
than are his Supreme Court opinions, the
mould of which may have been more
largely influenced by conferences with his
brethren
The first opinion under his name found
in the supreme court reports was deliver
ed in Goodman vs.. Simonds (2O How.
356) Il case involving a question o. wide
influence in mercantile laW-the right Of
one who has acquired commercial paper
by Endorsement, before its maturity, and
in good faith, to enforce it under all cir
cumStances, against the maker, The
opinion, Whicll fills fifteen printed pages
reached results decidedly more favorable
to the integrity AMI value OF negotiable
paper than some previous decisions in
England and even in this State. They
have been adhered to, and even strength
ened and developed, in later cases in the
supreme court. III 1864, Justice NWaync.
with whom the other Justices all concur
red, declare that in Justice Clt1ord'S
earliest opinion 1.-THE subject was Gidbo-
rately and eXhauotlyuiy examined, both
upon principle and authority and that
its propositions had become the settled
law of the court. In the latest cases but
one in which Judge Clifford appears 70
have acted, the same subject was pre-
sented, and the doctrine and opinion in
Goodman VS.. SimOndS are cited as con
trolling. Throughout the long series of
the supreme court reports his opinions
recur frequently, and are generally char
actcrlIcd by extensive and accurate
learning, wide reading and abundant
citation of authorities, thorough scrutiny
of the facts, however complex the case,
and impartiaity as between individual
suitOrs. When theories OF government
were indirectly involved in a cause, Judge
Clifford showed his prepOSsesSions His
independence Of Judgment is Indicated
by the number of dissenting opinions
and when he disscnted no labor was
spared SO establish for any possible future
occasion the position he deemed it right
to take. Throughout a number OF the
volumes his opinions are marked-or
marrcd, as many would consider by Il
persistent omission of the article. This
seems Il manner or attectation somewhat
weakening the style; and there was Il
court room tradition that a brother JUS
tice once, in conference room, moved the
humorous resolution THAT Brother
Clifford be encouraged to use the definite
article IN mod2ution." Perhaps in defer
cncc to some hint like this, perhaps bv
means of the friendly care of reporters,
the pcculiarity is less noticeable in the
latter opinions: it never ubScureS their
substantial value
In his Circuit Court as well as Supreme
Court decision, admiralty, maritime and
commercial subjects are prominent and
such TOPICS are discussed with learning
and fair liberalty of spirit toward prog
ress, though without much effort to adj
vance the law. Collision causes in num-
bcrS came before him: in these there is
not often opportunity for the Development
of principie. but his patient study and
thorough mastery of complex facts are
noteworthy. In administration Ot the