The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-04-15

/
that the assailant might consider the arti
Gle which entaged and provoked him e
make the attack, repubIished In the col
HmHs oil the GaIeist. Dawson was nc
match for Hammond in caustic retort.
On one occasion the AdUertsVr denounC'
ed Hammond as traitor 10 his country,
aud thereupon the latter instituted n suit
for libel against the former When the
case was about to be tried, the counsel for
the defendant called on Hammond and re-
guested the loan OF q file OF the Ohio Fed
erdli3l. Hammond furnished It to him on
- declaring on bis solemn oath that he
Would not show 1t to Dawson. When the
case was called In court the counsel for the
defendant appeared with Hammonds file
oil the FedTdliG under his arm. "What
are you going to make Of that2' said Ham.
mond. "Read from II in mitigation Of
OF damages" was the reply. "What will
YOU read" asked Hammond. "Well,
really, Mr.. Hammond" answered the at
tOrney, ~ don't know what We shall not
read. II the court has patience We proa
pose to present II nearly all. mo you
won't" cried Hammond, u withdraw the
suit" Accordingly the suit was withdrawn
at his expense. A few hours afterwards he
was seen talking jovially with Dawson, as
though the current Of their lives had never
been RULED by difference or misunder.
standing As a great constitutional lawyer
te ranks with Marshall, Storey aud Web.
stcr. Lis review Of the opinion OF Chief
Justice Marshall in the case Of
the Bank Of tho United States v.
Osborne ct al, is one Of the most mas.
tcrly Of arguments on record, and had he
left no other monument Of his genius,
would authorize the application TO him OF
the celebrated exclamation OF Horace:
"Eregi monuHIen!um ere perennial" This
argument, before its delivery, he submit
ted for inspection aud perttsat to Thomas
Jefferson, who read it carefully and re-
turned it with. his approval to this effect:
"Your position is impregnable. Yourar.
guments cannot be answered. But the
case willgo against you, Notwithstanding. "
And il did. In speaking OF this argument
TO William Writ, Chief Justice Marshall
said to him, shat Charles Hammond had
produced in that case the most remarkable
paper that had been placed on ale in any
court since the days Of Lord Mansfield.
That 1t had nearly persuaded him that
wrong was right in the case" This, from
such source, was certainly high praise,
But in alter Life, with his accustomed cum
dor, he acknowledged that he was wrong,
aud that Chief Justice Marshall was right,
when he decided the case against the State
OF Ohio, which was the real party in the
cause.
On money Hammond seemed to place
no estimate beyond the current wants OF
the day. His greatest satisfaction he found
in winning his cause. Had he been hon
estly compensated for the laborious pro.
tessional services he rendered, he would
have become wealthy in spite Of his own
negligence. Never to him did "the juggling
Of the guinea help the hurt that honor
feels" Larger fees were no induCementt to
him to undertake u suit. On one occasion,
late in life, under peculiar circumstances,
he did manifest desire 10 grasp q fee. Il |
occurred in this wise: The directors OF an
insurance company desired his legal opin.
ion, and for this purpose two OF them
waited upon him and were introduced by
his s0n.in.law. They told him that 4 poor |
man, with wife andseveral children, had |
sold his homestead, and with the proceeds |
bought goods, with which he loaded flat
boat destined for New Orleans. The cargo
was insured, and The owner took as good !
care Of it as he was able; but by an acci-
dent the boat was sunk, and though he
risked his life to save it, his property was
lost.
He returned home with his insurance
policy and asked payment Of the company.
1t appeared that certain formality re.
luired by the rules OF the company, had
not been observed. Payment was there.
fore refused and suit had been brought. !
Now the directors wanted to know whether
they ought to pay the boatman and stop
the prosecution.
"Iou want my opinion us lawyer, gen.
tlemep," said Mr. Hammond.
ave dc" they answered.
"You represent that this man behaved
honestly"
$50 far as we know he did"
"Did it occur to you gentlemen, when
you came to ask my legal opinion, that you
ought to bring money in your pockets?"
This question rather perplexed the dircc.
tons, but one OF them answered, eve have
some money, how much do YOU require,
Mr.. Hammond" Twenty dollars" was
his reply. Whereupon the money was
handed to him, and he passed tower to his
standing by, saying as ne did
so: "Send that to the orphan asylum,
Stephen" Then turning TO his clients,
while the light in his gray eye grew deep,
he said with adjpctives, which added en-
phasis to hisindignation: "He was honest,
that man who insured with you? You say
he behaved like an honest man? Ny
opinion is as man and lawyer. that
you Ind better go home and follow his ex-
ample"
Notwithstanding he was man Of strong
political convictions, he never allowed
them to influence his personal relations.
lie appeared for the last time in the United
States Circuit Court, which met in Column
bus, Ohio, in case in which he was vol
unteer. An old man, bitter partisan Of
the Jackson school in politics, had lived on
piece OF land near Cincinnati since the
commencement Of the century. His title
was disputed and his case was considered
Il hopeless one. This was all the property
he possessed. His helplessness enlisted
the sympathies OF Mr.. Hammond. When
the term arrived ut which the case was to
be tried Mr., Hammond was so feeble that
his family feared to have him go to Column
bus, but he was determined to 90, and he
did. He had to be supported 10 the Court
House and the Court Npprehended that he
would succumb to his apparent weakness.
Rising, he supported himself with one
hand resting on the back Of u chair, and
proceeded 10 argue the case. Warming
with his subject he forgot his debility, and
Judge Mclean, who occupied the BENCH at
the-time, Riterward remarked, THAT he
had heard many able arguments from Mr..
Hammond, but that was the most power
full one he had ever heard from him" His
clients home was saved.
II had in his composition . fine vein OF
wit and humOr, and 1t was not unfre-
quently the occasion Of it in others. On
one occasion he had an important case in
which he appeared for the defence in
"Quo WarrantO" against Robert Buchanan,
Esd, President Of the Commercial Bank OF
Cincinnati, and which ut the time was the