Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-06-03

= portaDt lessons OF Judge Whlteley's life a
o TO be drawn from his character MS publ
man. And so strong and so proper Is Il
tendency In our profession to take dee
y interest In public affairs and In tho admin
+, tration of government, TINT feel COZ
strained even In the serene atmosphere
: this tmpln Of Justice, before your honor
: the associates Of Judge Whitelsy and anon
his brethren 80 largely of a younger generi
: ton, to allude to Colonel Whileiey us pol
tician.
Regarding politics, ms It properly Is, a
the science of government, nothing wa
more natural than that u member OF tn
bar, equipped as he was, should be thereb
attracted; and who better illustrated th
proper relation Of the lawyer to politics
Whether as a legislator In Congress, or a
the ready adviser of members OF the legis
lature respecting the effect and coustruc
tion of proposed changes In the statutes
or as the officer of this court, upon who's
Intelligent knowledge of forms and prece
dents the accuracy of its proceedings de
pends,or as the chiefexecutive OF a muniei
pality, or as judge OF the several courts o
the State, his ability as lawyer was alwayi
an additional adornment of his station ant
added largely to his ability TO conserve tn,
public interests committed to him
He was not an office seeker, and usual,
was sought blythe office. Except the last one
none OF the offices held by him required
that no should be lawyer, but the fac
that In them all he used the knowledge
which otherwise he must have borrowed
| from those who knew the law, nptly illus.
trntes how largely the vitallzlng forces oil
| government are drawn fromour profession,
| and how proportionate Is the responsibility
which rests upon 1t with relation TO govern
ment and politics.
Mr.. Whiteley was always an active party
man and prominent In the councils OF his
fr hA tntI tl..,.. a
as already stated was many years IN public
| Office, having been called upon to exercise,
at onetlme or another, the legislative execu-
| tivo aud judicial functions,
ln these official relations, and In that
larger public relation of party leader, MIR.
Whiteley was distinguished by that same in
tnlleutnul integrity TO which have alluded
ns SO prominent factor IN his success at
the bar. This Il was that moved him so far
from the demagogue and was the spring of
that honesty of opinion aud political
bravery which were conspicuously mani
Tested on some notable occasions which
have been frequently recalled since his
death.
He was, perhaps, unequaled In popu-
larity, but his course was continuing re-
buke TO the prevalent notion that popularity
is TO be won by having no fixed opinions or
expressing all opinions by turn, according
to the fancted desires OF the locality or the
audience.
He was absolutely free from cant or by-
pocrisy of every kind; and whether in pri-
vate consultation or public address, he left
no one In doubt us TO what he thought or
what he would do.
The union Of this frnnkness with an entire
absence OF any tendency to dictate the
opinions or manipulate the actions OF his
associates, was q combination as admirable
as 1t was unusual.
II there was any advantage In trimming
sails to catch conflicting breezes of opinion
In his own party which he lost, he gained
far more In the confidence which he In
spired In the minds OF his opponents, and
which always manifested itself In the
returns OF an election when he was caudi-
date. Surely we may learn from him that
to be a leader OF men or OF II party, involves
the responsibility OF forming opinions for
oneself on public questions, and then OF
standing by ones convictions of right, even
II 1t be ut the cost Of the adherence of some
who, for the moment, join In the cry of
Great IS sDiana Of the EphesiansP p or "Cru-
city him, cruelty himp
Such were the characteristics of Judge
Whiteley as lawyer and a public man,
which seem to me pertinent to IN occasion
like this.
Into tie precincts OF his domestic life It
is not for us here to intrude, but it is the
privilege OF your honors and OF his asso-
ciates here OF different generations, Mt all
times to remember him as we always knew
him-as a friend. His eye Is closed, but
there remains the memory of glance
which always responded to our own and
reflected the genial soul within. His hand
lies palsied In death, but we cannot forget
the cordial grasp which quickened the
heart-beat rs you passed him on your
way. His ear no longer hears, and the rich,
warm friendly tones OF his voice are stilled,
but We remember that the one was never
closed, and the other was always quick to
respond to our friendly greeting, or our re-
quest for share Of the stores OF his larger
experience. All that was mortal sleeps
under the soil of our sister state;
and as we look out from those
windows across the blue waters of
that noble river which he loved so we'll
while we regret that his dust is not to
minngle with the soil OF Delaware, we may
feel we'll assured that, from the people
whom he served, the bench and bar, both
OF which claim him Us their own, and the
friends who loved him, his memory never
can be borne away.
move that the resolutions of the bar be
entered upon the records OF this court.
In seconding the motion that the resOlu-
tions lie spread upon the records of the |
court, Edward G. Bradford, Esq, said:
May u phrase he Court: There are some |
men whose death comes as q personal be- |
reavement to the communities that have
known them; whose loss Is deplored not |
only by those who have enjoyed the privi- |
lege OF their social Intimacy and companion |
ship, but by the multitude who have OBJ |
served their demeanor In the public and |
private walks of life. To this rare class of /
mon no, for whom this temple OF Justice Is |
now clad I'm mourning belonged. OF all the |
sons whom the State of Della /
ware has loved and lost, 1t may well be
doubted whether the death OF any has caused |
more genuine and widespread regret than
that manifested In the case of Judge White |
ley. His fatal Illness evoked universal sym- /
pathy; his death saddened this community
and State.
His nature and manners were such rs to
readily account for his strong hold on the
popular heart. He was peculiarly mag
netic man. Those OF high and of low es-
tate, the old and the young, were equally
drawn to him. He was whole. souled and
genial In disposition and corr
dial In address. He was absolutely sincere.
To him hypocrisy or discrimination was1
simply detestable. As he felt, so he spoke.
He was transparent in his approval or dis
OF men or measures. No one
could justly accuse him OF eoncealment or
double. dealing. His open-heartedness was
and appreciated by ALL AS the
sands OF life ebb and knowledge OF man
kind widens and deepens, We instlnctively
yearn for the true, and not the false in
human nature-for the gold and not the
dross.
In the expression of his views he was firm
and at the same time eonclliatory. While
his presence and bearing repelled undue
familiarity, his klndliness of nature and
manner invited and secured confidence and
His counsel and advice were
often sought In mattors not within the
scope of the legal profession, and when
desired were freely given to all. But,
beyond all this, Judge Whiteley mover
sought popularity. Popularity sought him.
lie uneonsciously commanded 1t. He did
not scheme or abuse himself to gain the
plaudits of the multitude. He had strong
convictions and did not hesitate to express
them, whether they were or were not In
conflict with the prevailing opinions.
whether he was right or wrong In |
his Judgment, he was at least sincere, bold |
and outspoken In his views. And his boldly
declared convictions on ono or moro occa-
slons within my personal knowledge called
for the display of rare moral and political
courage, when he stoadfastly SO: himself as
q wall OF granite against threatened wrong
doing and violence on the part of those who
had always heretofore been his warm polit-
cal friends and supporters and thwarted
Lhem IN what he felt were unlawful and un-
ustifable measures. Such conduct end
principle could not fail in the end to COM
nand for him popular admiration, respect
and affection.
Judge Whlteley was for many years one
Of the recognized leaders OF the Delaware
bar. His Intellectual faculties were sound
and vigorous. An Inherent love of Justice
and robust, practical. common sense,
rather than subtlety or nice discrimination
and lent force to his mind,
He was well versed in the sciences the law