The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-27

guaranteed by the Constitution when his consti-
tutonal rights were imper!led. There was no
truer patriot than he who stood for the most
cherished institutions of our countryside writ
of habeas corpus and trial by jury-when they
were in jeopardy.
Although he held some of the highest posi-
tons within the gifts of his countrymen. he
was greater than any position he ever held.
He gave to every place that he occupied an in
| creased dignity and obtained for it profounder
respect He was wise and courageous, man
of strong intellect and high character, loyal to
every generous impulse and controlled by the
noblest sentiments
"TweDty-one years ago he placed upon the
records of the federal court at indianapolis, his
estimate of Abraham Lincoln-wbom he had
done more than anyone else to introduce to the
| country-in which, with singular accuracy. he
| anticipated the verdict of posterity upon the
| martyred President. The encomiums that were
| bestowed upon Lincoln for his vigorous integri-
| ty. his patriotic sense of duty and his robust
! convictions of right, were equally deserved by
their author, whose death has now brought US
| together"
The memorial was adopted, and was ordered
spread on the records of the court, besides which
copy should be sent to the family of the de-
ceased.
During the absence of the memorial commit
some Of his personal recolections of incidents in
the life of Judge Davis, illustrating the remark
able character of the man, to whom he paid a
high tribute.
Ex-senator Mcdonald said that his ac-
quaintance with Judge Davis began in
lo5o and since that time they
had been warm personal friends. In all his re-
lations with the bar the bearing of Judge Davis
| was such as to draw to him the warm affection
ofall. Few mon of the present time filed a
| larger space in the public mind, and the speaker
knew of none who flied it better. Judge Davis
had occupied the bench of the federal court in
this district in the trying period Of the States
history, and while no man was truer patriot.
he had the singular faculty which enabled him
| that spirit he stood in Chicago to protect the
property and vindicate the liberty of the press.
He upheld the law of civil liberty. involving the
lives of Miligan and Bowles The Supreme
Court opinion declaring that in war as well
as in peace the Constitution of the United
States was the shield and protection
of its citizens the speaker regard
| ed as notable illustration of the
| influence of Judge Davis's great character His
political career was not equal to bis condition.
| Although he occupied peculiar position in poll
| tics he commanded the respect of ALL He had
passed away full of honor, and also full of years.
| and it was not so melancholy to meet to pay re-
| spect to his memory as it might otherwise seem.
right man. just judge and true patriot His
| life would have good influence in the future
| upon the public mind of the country.
Following ex-senator Mcdonald, Mr. W. P.
| FishOack said: Judge Davis was large man
| every way and everywhere. He is known to as
| best as a great judge Coming to the duties of
presiding judge of this circuit as the successor of
| Mclean and Swayne, there was no lowering OF
| the high standard during his term of office At
nisi prius or as a chancellor dealing with the
large interests that come for adjudication to this
| tribunal, he was always the same great judge.
| There are two kinds OF judges. A Judge may be
| so constituted, by temper or training as to be
| incapable of meeting the exigences of case.
| and doing justice between the litigants
| by reason of too strict adherence to the hard
and fast lines of the law; and though it is not
a characteristic OF good judge to show scant
appreciation of the Importance of maintaining in
| all their integrity the ancient and settled land
| marks of Jurisprudence, there is wide margin
of distinction in WHICH chancellor may show
his love of justice and hatred of rascality. Judge
Davis found no difficulty in giving iitigants their
Just dues. and few rascals came into his court
without receiving merited castigation. His
movements in his place judge those
of one who was in his element He was strong,
| and free, and courageous. When he became o
justice of the Supreme Court his friends had no
fears for his success. I believe he was faciIe
princeps of that great tribunal In fact, it may
be said of Judge Davis that wherever he was he
| was the commanding figure of the group. He
thrown He was always respected by his assoc-
ates as man of deep wisdom and wise
counsel [ saw him in Washington whom
| he went from the Supreme Court to
| the Senate, and it was indeed from the
time he became member of that body that he
was the peer of any man there, and no Senator
had more influence in legislation than he. In
times of great national peril, he was stanch
and patriotic partisan; but he was too courage
Gus. too conscientious. too sef-respecting to
allow his free action to be tramlneled by caucus
dlct2tion. He was thoroughly independent
HG1 had made him so, and he could not be. he
did not wish to be otherwise It is a bad sign
for country when such men are not held in the
highest esteem AS judge, Senator and citizen
Judge Davis was one of the foremost men of his
time
r. B. Martindale spoke in praise of the com.
mendable qualities of Judge Davis as Judge
| who would allow no technicality Of law to stand
in the way OF justice and the facts He was
| SUBJECT OF newspaper criticism only when the
newspapers were partisan. Although a man of
much independence. he was always square in the
line of his party, as long as it kept within his
view of right. When Lincoln was
calling him the ''old man brains of
the West" this spirit of independence
made him feel free to dissent from anything the
| President did. His influence the bar was the
speaker had ever known. Oscar B. Hord, Hor
ace Speed, and J. r. Wilson were appointed
committee TO transmit to the family of Judge
| Davis copy of the memorial adopted by the
meeting 1t was decided that committee. com
posed OF all who were willing to go, should repre-
| sent the Indianapolis bar at the funeral.
i