The Wilmingtonian., 1882-10-07

health, which feelings found far more free
expression still in the speeches made on the
occasion of the presentation Of the resolu-
lions; while running through both resolu-
tin of that conscentiousness which was the
characteristic of the man quite as much as
of the Judge
Nov !, 1878 Mr.. Bates accompanied by
his family sailed for Europe and spent near
ly two years abroad returning in Sept. 1875
greatly improved and with better prospects
of health than ever before.
Before his resignation he had been engag-
ed under the authority of the General AS
semby in collecting and publishing the de
cisions of his predecessors, which We're pre-
yiously unreported. This work he now re-
sumed aid published two volumes list and
2nd Delaware Chancery Reports) bringing
the cases up to his own time. The continu-
ance of this work was interrupted by his
death.
This was his last service to the State Its
Statue law was shaped in practical, conve-
nient and permanent form, largely by his
hand. The Reports of the Courts of law wit
ness his unremitting contributions for over
twenty years as an advocate to the adminis-
tration of justice; and the practice of its
Court of Chancery only existing before in
the records of distinct cases and in the ira
ditions of the Court and Bar, were by him
wrought into consistent and Ineligible
system of which the youngest practitioner
might avail himself. The decision of the
Court he rescued from mouldering manu-
scripts and handed them down to future
lawyers in enduring form and in his own
judicial opinions he added to them a large
body of equity law, thorough in the treat
ment and extended in the scope of the ques-
tions involved. His opinions wherever re-
| ferTed to by text book writer's and Courts
have been recognized as thorough and dis
eliminating discussions of the subject mat
tArS Va, a. .,ss, y, pot yet pubAsbSS are not
unknown to the profession Though out the
country. They cover a wide range of topics
and together present collection of treat
ises upon the principal topics of equity ju-
rsprudence which leave little of research to
be added to them to enable the student to
ascertain the exact condition of the law
upon the subjects treated. His idea of the
function of the Judge, was to ascertain the
law and declare it and not to usurp the part
of a legislator in order to make the law.
At the beginning of the year 1877, improv-
ed in health and scarcely beyond what
should have been the years of his prime,
with intellectual powers unimpared and i'm
patient of illness and almost of leisure, Mr..
Bates returned in some degree to the prac-
tice of his profession, though not engaging
largely in business in the Courts.
He also increased, if that were possible,
his interest in all useful activities in which
he had always borne such part, as his deli
cate health and busy life permitted. He
was from childhood a member of the Metho.
dist Episcopal Church, enjoying the conf
dence and respect of its whole membership
In 1872 when lay representation was estab
j lished he represented Wilmington Confer
ence in the General Conference held al
f Brooklyn For many years he was al
active member of the Delaware State Bible
Society, and also an interested participation
| in the work of the Delaware Historical So
{ ciety, and on the resignation Of the venera
4 BILE Judge Hall Of the positions, Chancellor
Bates was chosen to the Presidency o
1 these societies. He also after the death 0
i Judge hall, delivered at the request of tn,
! Historical Society memorial address upoI
n his life and character.
n While in active practice his office wa
# much sought by poung men preparing 70
S the bar, and many who became leadn
e members of the Delaware bar pursued thei
lie legal studies under his direction. In pol
N tics he was Democrat thoroughly belle,
1f ing in the cardinal doctrines of the Jeffersl
ie nian idea Of government, though indispose
le by mental and physical conditions to ent'
ly active political life.
ct In March 1879, Mr.. Bates was called
OF Richmond, Virginia as counsel in an impo
rt tant railroad litigation, and having bee