The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1883-09-05

IOcpcCl I'LL StlutttIy, III tile COlu
embrace of Death. His beloved
wife, one of the noblest of her sex,
has lost devoted and faithful hus-
band his children fond and affec-
tionate father; his State and Nation
an ardent patriot; the legal profess
sion one of its brightest ornaments !;
mankind an earnest and able de-
fender ofits rights, and Somerset coun-
ty itsmost alustrious SON.
If there be no other remarks, | Sec
ond the motion to adopt the resolu-
ton.
REMARKS OF JUDGE BAER.
Gentiensez, Of The Bar
As presiding officer of this Court.
and a successor of him whose men,
ory by your resolutions we wish to
honor, it becomes me to add my
mite to the tribute bestowed before
putting the motion for their
adoption. 1t is not my
purpose, as it was not yours, to as
sumo the role of the fuDeral orator.
The day for such services is gone.
In these days the press takes the
place OF the orator, and does the
service better
Mark Antony to-day could not
stir the hearts of his countrymen
over the dead body of Caesar as he
! did in Rome. His flashes of genius
and fiery eloquence could at best
repeat in glowing speech and fervid
oratory that of which the press
has already in the choicest
language and most round
ed periods told the people. But
it is our purpose to pay a becom-
ing tribute to one of the ablest and
purest of judges a peerless lawyer,
a wise statesman of the olden school.
1t is not often, indeed, that | find
myself able, or even disposed TO en-
dorse the fullsome praise bestowed
in commendation of a deceased
friend and associate, or a public
man. In some instances l have
felt as though the resolutions and
| flattering speeches had better been
withheld, and that our duty would
have beeen best performed by a
breach Of the custom that leads us
to pay such tribute, rather than by
its observance. The community
knowing us and the subject of our
praise, doubtless often looks upon
such commendation when bestowed
upon an ill-deserving member of
our fraternity, as sheer mockery.
whereas when we come to commend
the life and work of one who in
every sphere of action did his part
well, and attained that measure of
human greatness allotted to but a
few. our speeches and resolutions
find an echo in the hearts of all who
hear US. Such a noble character
these resolutions are intended to
honor.
Here and now then. though a
sense ofinability, and choking SEN
sation ,prevents me from ut
tering such words as the occasion
warrants. nevertheless most cheer.
fully and heartily endorse and ap-
prove all that has been go well said,
and all that these resolutions mean,
commendatory of our deceased
friend, who, taken all in
all, was the most illustrious Penn
sylvanian that has yet appeared.
To have been great in all things was
to have been more than human.
But he was human, and while known
by all to be wise and just Judge
and to be great in great things, he
was probably sometimes small in
little things, but this only was
stronger proof of his greatness. He
had helpmate that was one of a
thousand-the little things he could
not see because of being absorbed
in the greater F; she as naturally
cared for and attended to as he did
the greater; and thus the twain, a
happy, God-fearing pair, in their
union as one, performed all things
well, both great and small.
His fame as a jurist, statesman,
defender and expounder of con-
stitutional liberty, and as jealous
and irrepressible advocate of the
rights of the people is not hemmed
in by State lines, but is co-exten-
sive not only with the boundaries
ofthis Republic, but with the bounds
reached by the Anglo-Saxon tongue
OF which he was an acknowledged
master. He was indeed true
friend of popular governmt. No oman
believed more in the rights of the
people, and none more cheerfully
conceded their rights on all occa-
siOns. Constitutional government
never had a more honest or abler
defender his motto was Liberty
regulated by law" and he could not,
though a perfect master of his Ian
guage, find words severe enough to
fittingly denounce any infraction
of the bill of rights-the poor mans
shield-the fundamental law of the
land.
When he died, the strongest cham
pion the people had against the
encroachment of power fell, leaving
no one, now known, who is both
worthy and able in every respect to
wear his mantle. Men may cry in
vain Let thy mantle fall on me-"
until one appears who is both able
and fit, it will not be worn. Doubt
less God will in due time raise from
the plane of the common people,
whence all such heroes come, anoth-
er sage and patriot to fill his place,
if, and when, it is again attempted to
violate the principles of constitution
al liberty, or corporate power seeks
to enslave free men. We are happy
in the reflection that it will be a
long time before it is again attempt
ed to subordinate the civil to the
military power-and for this we owe
our friend much not because he
was the author of the doctrine that,
in all free governments the military
must be held in subjection to the
civil power, but because when by
passion, bigotry, blind partizanism,
and the pomp and show of arms,
the people were in danger of losing
the yery foundation principle of