Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-09-12
Ex-Chief Justice AgneW on the
Death of EX-Chief Justice
Black

the Pittsburgh Bar recently, EX-Chlef
Justice Agnew paid the following
touching and eloquent tribute to the
memory of the late Ex-Chicf Justice
Black:
Mr.. CHAIRMAN: Il am glad your
adjournment on Saturday has given me
an opportunity of meeting with you in
the expression Of sorrow all feel for
the death of an eminent citizen, great
lawyer and an upright judge. | heard
of it too late last week to express my
regret for his death and sympathy at
his loss.
Ny first personal knowledge Of Jere-
miah S. Black began in 1852, wien
holding a special court at Greensburg
1t was just at time when the con-
troversy upon the statute Of limitation
leading to the overthrow ofthe opinions
Of Chief Justice Gibson in Wagonner
VS.. Hastings and cognate cases, jostled
| under by the exalted administration OF
Judge Black, for the formerchief justice,
and caused his strong nature to rebel
in a spirit of boiling indignation, SO
marked afterward in his dissent in the
second case of Hole VS. Rittenhouse.
His effort then was to impress upon
me the great injustice done to Judge
Gibson. The profession, however,
sustained c. J. Lewis. 1t was at the
same court, he afterward told me with
JUNCTION, was about to commit him for
contempt Though myself not aware
of the fact as | was not introduced to
him until evening, it seemed that COM
ing into the little court room at Green's
burg, be was talking outside the bar
in his usual genial but rather loud
tone for court room, and | ordered
the tipstaff to silence that loud fellow
outside. Few men have filled larger
space in the minds Of Pennsylvanians
than Judge Black. AS judge he left
his impress upon the Jurisprudence OF
the State in important respects. The
great case of Sharpless vs.. Philadelphia
set the current of judicial exposition of
the constitution, which sustained the
grand railway system of Pennsylvania,
by means of municipal subscriptions to
their stock. Antagonized, as he was,
upon that important question by Lewis
and Woodward, themselves eminent
Judges, and supported by Lowrie and
Knox, his opinion was model OF clear
statement, strong argument, and lucid
expression, and kept its place until a
constitutional amendment superseded
it. Later in life his opinion ran in a
channel favorable to a wholesome re-
striction Of corporate power; doctrine
| adopted into the new constitution, and
essential to the welfare OF the State. In
the affairs of the United States he left
record equally lustrous. Called into
| the cabinet Of the President in 1857, in
the transition period Of the Union, and
running into the closing hours of an
administration fated to be torn by
elementary discord, sectional dis
sension and reasonable secession, he
bore himself so "clear in his office" "
that after q score of years had passed,
and bright robed peace had taken the
place of war, he held high and lumin-
Gus place in the esteem of his country
men. Yet this happy end was not
reached except through years of pain
| full silence, and a misconstruction which
he bore with a virtue, adding new lus-
tire to his character. Few men could
have suffered so long, under the
severity of adverse opinion, to protect
the reputation of an early and much
revered friend Happily, vindication
came before the end, TO brighten the
vows of an illustrious career, and in
this respect, one regret is, he had not
lived longer to dispense fully the merits
enveloped during the hours of the ma
tion's trial, when his patriotism reared
wall of defense against the machna-
tions and assaults which threatened its
| life
Judge Black was true type of a
class of men called from the middle
walks OF life, who, by the vigor of his
intellect, varied requirements and
native energy, force their way to the
highest positions, and command recog-
niton, Notwithstanding the absence of
early culture and of mere polish Of
urban training. Born on the 10th of
january, 1910, of Scotch Irish parent
age, be partook of the rough, strong,
| manly, earnest and religious nature Of
that hardy race which peopled the
| western counties of Pennsylvania.
He was true representative in intel
ect form and feature The cast of his
mind even surpassed the giant mould
Of his form, while his countenance por-
trayed the strong bold qualities of his
| brain. His imagination like the blows
of blacksmith's hammer, drove bril-
liant sparks from the heated mass,
crushedby the ponderous strength of his
logic
He was great lawyer, but not as
| great as some viewed him, but great
in knowledge Of elementary principles,
| great in his conception Of right, and
grand in his mastery operation Of his
| convictions 1t was the greatness Of
vigorous thought, varied requirements,
keen PERCEPTION, forcible utterance and
captivating style. But he was not
great as a mere lawyer. Men far less
able often surpassed him in research,
and brought more logical connection
and legal astutcness, to the argument
of mere legal questions. His real merit
was not as a lawyer only, was
not seen so much in his speeches as in
his writings, where his concentrated
thoughts and his combination Of quail
tiles, stores of learning and gems of
literature, shaped by his favorite read
ing, (thc Bible and Shakespeare cast
themselves into moulds which genius
alone can form.
l shall not detain you longer, except
to say that his life bore witness to the
earnest convictions and strong elements
CT his nature. A prayer to God for
dying strength and for the welfare Of
a wife he loved with the strong throb-
| hinrS of hiQ haart closed a life of vir-