The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-06-21
THE PRESENTATION
OF THE PORTRAIT OF CHIEF
JUSTICE HEMPHILL TO THE
SUPREME COURT OF TEXAS, AT
AUSTIN, JUNE is, 1883.
Addresses Of Ex-GOAernOr and For
merly Chief Justice Roberts and
Chief Justice A HI Willie.

merly Cnle1 justice R0DerJS anC
Chief Justice A HI Willie.
Elk Gov. Roberts spoke as follows
May it please the court: l appear by
the request of the bar of Austin tC
present to you the portrait of the
Hon. John Hemphill, formerly the
chief justice of the supreme court OF
Texas, which they had painted, and
which is now rendered on their be.
half. 1t affords me pleasure to per.
form this service. His likeness eX.
hibited in this room, should inspire
both the bench and the bar to initiate
the wisdom displayed by him as chief
justice ofIthis court during the period
of eighteen years.
He, by his education, his patient in
dustry and his conservatism was
peculiarly fitted to fill his position as
the head of this court in the great
work of laying the foundations of,
and of giving shape to the jurispru-
dence of Texas during the early period
of it's existence. The scope of rights
and wrongs to be investigated
and decided was very broad
and various, embracing those
arising under the Spanish civil
law, and the laws of the Indies, while
Texas was Spanish province, those
under the laws of Mexico, and the
state of Coahuila and Texas, and
those under the laws of the republic
of Texas, in which the common law
OF England was adopted in 1910, and
those under the law of the state Of
Texas as part of the United States
after 1845.
Parts of all the system of laws in
modified form We're retained, and
blended in one ever changing body
of laws to be passed upon. To con-
sistently harmonic them required
the calm deliberate judgment, the eX-
tensive research, and the studious
habits, which characterized his whole
life while on the bench.
In this he was greatly aided by his
early associates, Justices Lipscomb
and Wheeler. They were both able
jurists, though very different in their
habits Of thought on legal questions.
and in their mental organizations that
led to differences in their conclusions,
which often called into requiStiion the
conciliatory influence of the chief JUS
tice.
AS in other new countries, the stat
uteS enacted in Texas were often crude
in structure, and the acquisition of
rights under the laws was attended
withmany Irregularities. These things
required extensive and accurate
knowledge of the habits and pursuits
of the people of Texas through long
series of years, combined with q pO-
ifs ri of hn
court of last resort to prevent the
continual unsettling Of rights long
deemed secure. This marks the
course of the chief justice, generally
sustained by majority of the court.
The favorite subjects, selected for
his own Investigations, were those
arising under the institutions and
laws of Spain and Mexico, for which
he was well qualified by his knowl-
edge of the Spanish language, under
the laws relating to marital rights, to
marriage and divorce; to homestead
rights, and to other exemptions from
executions. With most Of these sub
jects, the lawyers of the state were
least familiar, and authorities upon
them were not generally acceptable.
He was one OF the few judges that
have been on the supreme bench,
who gave very especial attention to
the literary excellenceof his written
opinions. In consequence of this,
and on account of the great care and
deliberation given to his subjects, he
did not deliver as many opinions as
either of his associates, he not having
delivered more than about five hun
dred in the eighteen years, during
which he was chief justice from 1S41
to 1858.
He presided in court with Il
rather austere dignity, and
gave to those addressing the
court respectful and silent
attention, rarely ever asking a ques-
ton of the counsel in the case being
presented. When he spoke at all on
the bench his words were few and
his manner positive.
In his intercourse with the mem
berS of the bar he preserved a reServ-
ed dignity that, though hardly repul-
Sive, did not invite familiarity; yet
he was a man of kindly and friendly
disposition generally, with remark
able uniformity in his manners and
general bearing. 1t may be said of
him that, during long period of pub
lie service, he was known to his fel-
low citizens generally only by his
public acts in the service of the state,
to which he earnestly devoted his life.
When. after his health had been i'm
paired by his seclusive habits of
study and arduous labors, he was
elected to the senate of the United
States, he left his long occupied
seat on the bench, with evident re-
greet, to enter the political arena at a
stormy period, not in accord with his
serene habits of thought and action;
but his state called him to that
station and he answered the call.
He spent solitary life, without a
wife and without relatives in the
state Of his adoption, whose prospect
ty and greatness he lived and worked
to achieve. 1t is due to him, in COM
memoration of his usefulness and
devotion to Texas, that his remains
should, as they do, rest in the state
cemetery, with modest and becom-
ing monument marking the spot
where he lies, and that this likeness
of him should be suspended in the
room of the supreme court, where his
presence always commanded the res
pect due to his exalted position as the
chief justice.
RESPONSE OF CHIEF JUSTICE WILLIE
Speaking in behalf of the court,
return thanks for the portrait of thu
departed chief justice, which has beer
presented in so appropriate a manner
by the only living person who sal
with him as d colleague upon the
bench of this court.
Every one who had the honor of 4;
personal acquaintance with the dis
tinguished dead will recognize in thi:
portrait how faithfully the artist ha
performed his task.
The painted canvas recalls Vividly
the features and expression which
may have in some degree faded from
our memories, so long has it beer
since he passed from amongst us, ant
took up his abode in the silent tomb
! But the mastery intellect and supe
rior attachments of the man are re
Elected in the records of this court
and the reports in which its decisions
are perpetuated.
These are the enduring monument:
of his fame, which more than paint
ing, or maj BILE, or sculpture transmit
him to posterity as one of the great
est lawyers of his time, an enlight
ened scholar and an honest and up
right judge.
Judge Hemphill became chief jus
tice OF the supreme court of Texas