The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-11

Corist1Au for the Supreune court
Mr.. Speaker, - Representing as ] do the
county In which Judge Joseph Christian
was born, in which he still owns an aftrac-
tive home on the banks OF the Rappahan-
mock, and the people among whom his boy
hood aud early manhood life were spent,
and who still regard him as their own, ana
claiming, as do, TO have been his liie-lcng
friend. 1 would be uniaithful 10 the repre-
sentative trust rcposed In me by the people
Of Middlcscx and Mathews alike, and false
10 the friendship which profess and feel.
n were not to second the nomination OF
the gentleman from Gloucester OF my dis
finguished countyman and friend for re-
election as judge OF the Court OF Appeals
OF Virginia. MIR. Speaker, Judge Chris
dan and myself were boys together, and
have known him long and know him well.
We were schoolmates and collegemates,
and IL II with pleasure that ] recall the
scenes and incidents Of those happy years
and the display OF those noble qualities OF
head end of heart which have so adorned his
character through life.
Judge Christian entered the practice OF
his profession few years before did, and
Mt once measured lances and COPIED success
fully with such distinguished lawyers AZ
Robert l.. Montague, John I. and NJ. u.
Seawell, and Others.
In 1859 Judge Christian and myself,
representing the Old-Line Wing party,
were elected from Democratic districts To
the General Assembly Of Virginia by large
majorities, secured chiefly by the powerful
arguments and splendid oratory OF my dis
finguishcd friend.
Mr. Speaker, we'll remember the i'm
preston made upon the Virginia Senate
when he made his first speech In that body.
composed a. il was OF the most distinguish
al men OF the State.
The bill known then rs the oyster FUN
dun bill was under discussion-a measure
which received the favor OF the then Gov
ernor, Henry A.. Wise, and the prestige
81 his great fame and high official position.
Judge Christian opposed the passage Of
that bill in a speech Of such force and
power as 20 carry conviction TO the minds
Of q large majority that il was unconstitu-
uonal in its provisions and harsh and OPP
pressive in the means provided for its exc
cution. So convincing was his argument
that the distinguished Senator from Au-
gusta, the Hon. A. il. II. Stuart, arose from
tis seat as soon as Judge Christian con-
Guided. and moved the indefinite postpone
Inent OF the bin for the reason that the con-
stitutional objections presented by the
Senator from MiddleseX were unalswerg-
bic.
But. Mr.. Speaker, forbear to trace
longer the history Of Judge Christian as Il
lawyer and legislator. and ask the atten-
ton of the House to his career since, in
1866, be was clothed by the General As
sembly of Virginia with the judicial ermine
and made the circuit Judge OF that dis
frict OF country extending from the cor
porate limits OF this city TO the Chesapeake
bay. Shortly after his election to this posi-
fion he had TO preside i'm the celebrated
trial OF Jeier Phillips, the wife-murderer-
n case which excited the greatest interest
In Richmond and throughout the Common
wealth For sixty-two days that young
judge occupied the chair which YOU
now occupy, Mr.. Speaker. Colonel
John Il. Young, Of Henrico, conducted
the prosecution, and A. b. Guigon,
Marmaduke johnson, and w. w. Crump,
three Of Richmond's brightest and ablest
lawyers, defended Phillips, Fifty-seyen
bills OF exception were filed to the rulings
Of the Court, and the case was taken up to
the Court OF Appeals. and Judge Chris
tian was affirmed by that highest tribunal
Of the State.
Whilst circuit Judge, allow me TO say,
sions i'm nine cases to the District Court at
Williamsburg, in eight Of which he was
affirmed; and when the ninth case reached
the Court of Appeals the District Court
was reversed and Judge Christian affirmed.
Judge Christian continued TO hold the
position of circuit Judge for four Years, !
when the taking OF the "iron-clad oath "
was made the condition OF his continuance
in Office. This he could not and would
not do, and he returned to the practice Of
his profession and formed co-partncrship !
in the city OF Richmond with the distin- |
guished lawyer-iurist OF Petersburg, w. |
T. JOynes. This partnership, formed and |
conducted under the most suspicious cir |
eumstances, was terminated after eight or |
nine months by the election OF both men, |
bers OF the partnership to the bench Of the |
Supreme Court Of the State OF Virginia |
Then it was, Mr.. Speaker, that the judicial |,
qualities OF Judge Christians mind were |
called forth, and the reserved supply OF |
legal lore was brought into requisition.
The country having but recently |
emerged from civil war, which had sub |
verted established institutions and disturb |
ed the rights of property, and unsettled !
society in all of its departments, individual |
fduciary, and public securities or evidences |
OF debt being greatly affected by the war |
and by national and State legislation, the |
Virginia Court Of Appeals had many new |
and intricate questions to adjudicate, and
had, as 1t were, to blaze the way through |
the UNEMPLOYED forest OF litigation for the |
guidance Of succeeding courts. The prac-
titioners in that court know Of the various
acts IN Judge Christians judicial cause
which stamp him as one Of the soundest
In iDf1 x.Ef hn IL
tan's Virginia Reports from the 18th 10 the
Bath volumes are covered over with his
perspicuous, ornate, and able opinions on
every conceivable question.
l say here, Mr.. Speaker. without fear OF
contradiction, that among the justly-distn-
guished members OF that high court Judge
Christian stands the peer of him who
stands foremost.
In those cases which have gone UP from
that court TO the Supreme Court OF the
United States, Judge Christians opinions.
whether concurrinS with the majority of
the Judges or dissenting from the MAORI |
~, have In almost every instance been sus-
tanned and commended by that court of last
resort In the United States. Notably was
this true In the cases Of Antoni and Wright.
Clarke rs. Wright, sergeant. and Others. |
involving the invioiabiltv OF the
contracts between the State and her
creditors. In the first of these eases the
opinion OF Judge Bouldin, and in the Sc
cond that OF Judge Christian, were to the
same effect, and Mr.. Justice Field, in de |
llyering the opinion Of the United States
Supreme Court, quoted the verbiage OF
these two Virginia judges, and said these |
are words OF wisdom which the whole ju- |
dietary Of the country ought to heed and
to follow" Again. in the case Of Under |
wood aud NcYeigh. in which Judge Chris