The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-06-28
DAVID DAVIS.
The Judge and Ex-senator Sinks to
Rest.

BLOOMINGTON, Ill, June 26-David Davis
died at o'clock Saturday morning. He sank
into a comatose state twelve hours before
the end, and passed painlessly away sur
rounded by his family During the early
part of the night he appeared to be failing
and it was felt certain that he could not live
through the night. At IL o'clock he was
better somewhat, and was given milk and
stimulants in small quantities. The effect
was bad, however, for at once he Telapsed
into a comatose condition his pulse becoming
very feeble. During the succeeding three
hours he failed gradually, growing notlceably
weaker until the end came. 1he cause OF
Judge Davis death was Bright's disease OF
the kidneys, aggravated by the weakened
condition Of the system dating from the time
when he became afflicted by carbuncle. Ills
last hours were calm and peaceful.
land. March 8, 1915, and was educated at
Kenyon College, Ohio. He studied law with
Judge Bishop, at LenOX, Mass, and IN the
law school at New Haven. In 1886 he was
admitted to the bar, and with many enter
prising young lawyers went to Bloomington,
Ill, where his decision and positiveness OF
character soon won for him leading posi-
tion in the community. In 1o45 Mr. Davis
was elected to the lower house of the Illinois
legislature, and IN 1o47 TO the constltutlonlal
y
ton for the State. In 1S4S he was elected
Judge of the eighth judicial circuit of Illinois,
and was reelected in 1866 and again IN 1851
In 1862 he was appointed an associate JUS
tice of the Supreme Court by President Lin
coin, which position he resigned in 1877 and
was elected to the United States Senate for a
full term as a Republican. When President
johnson antagonized the Republican party,
Mr.. Davis became Democrat and remained
so up to the time of his death, although on
many important questions he took an indie.
pendent stand. He was strong advocate OF
personal liberty against all considerations of
political expediency. For several years prior
to 1872 Mr. Davis was formidable candl-
date for the presidency and except for Ly-
man Trumbull anticipating Davis in the
Cincinnati movement he would nave been
nominated by the Democrats in that year.
He was, however, the candidate of the labor
reform party. As jurist Mr.. Davis ranked
high, and during his IA years on the bench
of the Supreme Court he took part in the
decision of judicial questions, involving some
Of the most important Political and legal Is
sues ever presented in this country He pro-
nounced the decision of the court in the IA
nous Milligan case, in which he admirably
maintained the doctrine, since sanctioned by
the sentiment of nearly the whole country,
that while the government must be MAIN
tanned in the exercise of all its powers ana
functions against rebellion, yet there can be
no justification for the exercise OF military
law within States not actually In rebelnon,
and where the functions Of the ordinary Ju-
dicial tribunals are uninterrupted. In the
test oath cases, appealed to the Supreme
Court from Missouri, Judge DAVIS was
found sharing with the minority OF the court
the opinion that the right of a State 10 en-
force certain rigorous test oaths upon its cit
izens could not be interfered with by the SUI