The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-08

| AppeaIs-An Eloquent EEort-Renerks by
Judge Joseph Christian aud Judge Ander-
son-The Resolutions Ordered TO bc Spread
| on the Record OF the Court, aud the Court
Adjourned for the Day.
/ In the Supreme Court OF Appeals yester-
day, after the opinions had been read,
Judge Robert Ould, rs the chosen repre-
sentative of the meeting Of the members of
the bench and bar held on the first day Of
the term with reference 10 the death OF
Judge Moncure, rose to present the resolu-
| tions by that meeting adopted. In dong
so he sketched with tender grace but dis
eliminating judgment the life and labors OF
the Christian Judge. After speaking OF
judge Moncure's early life and training, OF
bis struggle with the priyations OF poverty,
II his experience at the bar and his en-
trance upon judicial life, Of his sef-reliance
and predominating sense Of Justice, Judge
| Ould said
or course we OF the bar know nothing
OF Judge Moncure's conduct in confer
encc, but all OF us can speak OF the kind
ness Of his manner in leading the public
business Of the court, OF his gentleness in
d
ccssary, Of his noble courtesy, Of his patience
in hearing counsel, even when they
were eXtrayagaut. How often have we
seen him, as much ont Of kindness TO the
advocate a. from n desire that the case
might be thoroughly siited, almost feign
doubts, or put questions which would
lead counsel 10 the pilh Of the case. In
the same spirit he adopted the opinion OF
Lord Kenyon that IT was "the duty OF
every court TO administer Justice rs wei
as could be between htigatng parties, and
that another and not less material duty
was to satisfy these parties that the whole
/ ease had been examined and considered" !"
Acting upon this view, it may be, and
doubtless is, true that some Of his opinions,
especially in ID later years. are too much in
detail and too proliX in the discussion OF
facts when tested by the best models but
this very natural fault grew ont Of
40 DESIRE FOR DISPLAY,
but resulted from purpose 10 show to all
interested in the controversy that he had
not overlooked any material fact.
Judge MOnclIre never turned out OF his
way for figures Of speech or rhetorical
adornment. He clearly stated in a trans
parent sty,e and in vigorous words what
| he clearly saw, and With that vas content.
He made no claim 10 classical tastc or ac-
quiremcnt, or 70 any superior literary eX-
ccllencc. indeed, it must be admitted that
ia his forensic efforts he displayed but lit
! lie f 8 hat is called in these days olM0ry.
aud in his judicial opinions the student
who seeks the classic eioquencc Of Lord
| Stowcll o. the polished rhetoric oi Cher
Justice Gibson will be disappointed. He
was too direct and too impetuous for any
such iinery.
THE FULL STREAM
Of his thoughts never loitcrcd on its way TO
make cddics, but rushed directly to its end.
So intent was he about this that il any one
had brought against him with any degree
Of truth the accusation that he had prefer
red ornament 10 substance, he would have
felt that he had been untrue TO his great
office. He never thought Of display. and
seemed unconscious that he had the power
TO make any.
one If his judicial characteristics wa,
his devotion to his native Commonwealth.
1t was almost a passion with him. In
every controversy in which her honor. her
/ interest. or her prosperity WAS concerned,
he came 20 the front as her guardian and
protector with I'm alacrity and icrvor that
sprung from instinct, and was made more
/ intense 10y habit. II made no difference
whether il was IN assault by bad men from
within uIon her penal statutes or an en-
croachmcnt irom without on her dignity OF
honor. he stood at the gatc "With flaming
sword, which turned every way
lie was
MAGISTRATE or DArAJLEss COURAGE.
a courage which. Us CARLYLE says Of Henry
I Irving. WaSnot "puguacious nor icrocious,
/ lut as of the gencrou, war-horSc-gentc
I in il strength. yet that laughs at the Shak-
4 inc OF the spear" No terror or force
could oyerawe him. He would have gone
q the stake rather than rccant Judgment
/ in which he had TO his own satisfaction
established RIGHT or defended principle.
4 In thus depicting Judge Moncurc', judicial
life | have not INDUCED in what l. 80 natu-
ral lut yet too cOmmon-indiScrimi
/ praise. No human figure is all OF gold,
and have not pretended TO present him D
such. But ! do mean to say, and perhap,
no higher culOgium could be pronounced,
/ that ii hc could have had an enemy who
would undertake 10 write his biography
with any regard TO truth, he would be COM
PEELED, in spite Of any private mslice, 10
present a figure Of unblemiShed integrity,
purity. and infleXible purpose 10 do right,
as Of a man living consciously under his
Makers eye. Turning from his Judicial
life, desire TO speak few words Of him
As MAN.
What is ordinarily called pleasure had
but very little charm for him. lie took
greater delight in di>cntangliug q record OF
in following the run Of principle through
the book, than he could have felt n an
honored guest in kings palace. He was
wonderfully simple and domestic in his
tastes. prcicrring the routine OF his own
home and the attractions OF his household
to the hospitality and icasts OF his most
valued friends.
so direct was hi, mind, and so intent was
he about the duties and issues Of life, that
he never perceived u jest unless he was
led up 10 it and elaborate explanation
made; but yet, without any contradiction,
no soul was more genial than his, no ones
laughter more hearty, and no mans SYM
pathies more quickly kindled. lie had a
eenuine urbanity and delightful unrescrye
which cave a charm and beauty TO his daily
life.
But The most distinguishing character
istic OF Judge Moncure was
HIS SIMPLICITY.
II might be called massive, not only in the
materials Of the structure, but also in its
sryle and order. And that simplicity WAS
made more noble and beautiful by reason
of his unconsclousness OF the fact. II
he h. had speculated or built upon it,
or. indeed. il he had been aware OF
il. it would have lost much OF it,
charm. II attended him as closely
=, his shadow-nay, more so; for that fol-
lows. while the grace TO which | have re-
felred sat upon him like glory, 1t was a