The Portland daily press., 1888-01-07

| ing. but my wire requires much more sleep,
and dislikes to rise early. So l rise at and
leave the house quietly and 60 TO my Office
for work. At about 9, when Mrs. Clifford
has finished her morning nap and Is ready
for breakfast, 90 home. In about an hour
| return and work until about when / 20
home to dinner; after which / return to the
Office and work till ~. and frequently later,
according as happen to feel, and then go
home for the night"
This was no merely temporary arrange
| ment. but was the habit Of his life. That he
| had the physical endurance TO sustain II, Is
scarcely less remarkable than that he should
| have the strength OF will to adhere TO 1t.
| On another occasion, when some accidental
| circumstance called me out earlier than usu-
| al in the morning, met one of his sons near
| the Judges office. In reply TO my greeting
| of surprise, he said that the family had be-
| come alarmed about his father, who was to
start for Washington that morning, but had
| not been home since the previous evening;
that ordinarily, his remaining in his office all
| night would have oecasiOned no uneasness,
| but as the hour at which he was to leave was
| close at hand they feared he had been attack
| ed by sudden illness. But he found his ia
| ther getting ready to start for the house and
| for Washington; he had desired to finish an
| opinion before leaving, and the last page ef
his manuscript lay on the table, the Ink not
| yet dry.
While at the bar, during the trial Of an im-
| portant case, he slept but little; he would
| often devote the entire night previous TO his
| argument TO its preparation. III he ever
failed to be fully prepared (Which doubt, 1t
| was because there was not sufficient time;
/ neither his pleasure, his ease, nor his rest
| ever contributed TO such result. Other men
| have made mental and physical efforts con-
| tinuously sustained, to an almost Incredible
| extent but Judge Clifford is the only man l
| ever knew who could do this without the
| compensation Of subsequent rest. He had
| sufficient vitality to go on with his business
| without the least apparent tagging Of his
/ energies.
This habit Of investigation, preparation
| and deliberate consideration at thebar, ac-
| coDlpanied him to the bench. As judge, as
well as counsellor. he would never hurry,
| be hurried, nor allow others to be hurried.
| 1t was sometimes said that he magnifed his
| office; In the sense that he assumed that the
| duties of any Office which he held were Of
| sufficient Importance to require their faithful
| and even scrupulOuS performance, the state
ment Is undoubtedly true; and that he re-
garded any office created by law, to be enti-
| tied to respect, and the appointment or cleo
| tion thereto an honor, IS also true. At
| ter he had attained his highest hon
| ors, he still cherished with pride
| his election as Speaker and his appointment
| as Attorney General, at so early an age.
| Meeting gentleman. who had had Similar
experience, he desired to compare notes as
to which OF the two had held the two Offices
at the earlier age, and when he ascertained
that he had been Speaker at an age year
1OutBCl budu HIS Aliciu, anu AbtDIuty Ntu-
eral at an age nearly two years younger, he
declared that the fact was one that justified
feelings Of pride, especially as 1t also tran
spired that but one had held the office of
Speaker, and no one had held the Office Of
Attorney General, at an age younger than
either Of them. l believe that the same fact
still exists.
The constitution Of his mind, his habits Of
life, his high estimate Of the judicial Office
and his care for his own reputation. all con-
Qnirpd with his Love Of fugffea tO mo ka hfu,
in the words Of Chief Justice Waite, IAN
upright conscientious and painstakng
| judge" That his conclusions may have
sometimes been affected by friendship,
prejudice or early education, Is doubtless
true OF him as Of all other men; but that he
was ever consciously affected by either TO
depart from his own views Of justice and
law, do not believe. 1t has been truly said
if his duty required 1t, and his delight was
to search diligently for the right and when
found declare 1t"
He had high regard for judicial decisions;
In his Judgment a question had not been
properly investigated until all decisions
bearing upon 1t had been examined. He was
disinelined to modify what he deemed well
settled law; and when he found that ques-
tion was covered by a decision, he was in
clined to adopt 1t as the rule Of his conduct.
On the trial OF an important case, he object
ed to a question put to a witness by the other
side; his associates said to him that the
answer would be favorable to them and sug-
gested that he Withdraw the objection.
Judge Clifford's reply was, Il never dare at
tempt to be wiser than the law"
To enable himself to crafty his taste for
legal investigation, he equipped himself with
a'law library containing all the English and
American reports; he seemed to keep in his
memory full list of them. In arguing be-
fore him, / once cited a case from volume
of English reports which l had picked up in
some antiquarian book store. He at once in
-. .f.1 ..~tk 49,
name of the authority. and as gave 1t, he in
quired il was quite sure was correct; on
my replying in the affirmative, he called the
messenger who from frequent hand
ling Of the books as the judge used them.
was almost as familiar with the library as
the judge himself, and gave him some direc-
tion; the latter went out, returned, reported
and was sent out again: but again returned
and again reported; the judge then inquired
had supposed that he knew that he had
every English report in his library, but he
certainly had no such book as | had cited.
Upon its production, be frankly said that he
had never even heard Of 1t. / learned after
wards, that he gave an order to his book
seller. unlimited as to price, to procure a
copy for him; but none could be found; this
fact coming to my knowledge through the
district judge, sent him my copy uor which
had paid the merest trihe) and Judge Fox
afterwards assured me that Judge Clifford
received IL with the lyeiest demonstrations
of pleasure remarking that he would never
have felt sure that he had fully Investigated
a case. with the knowledge that there was
volume Of reports to which he did not have
access.
During the time when he was doing so
much circuit work, as have stated, 1t was
frequently urged upon him that he was over
working and in danger OF breaking down,
and therefore ought to relax il not to stop and
take some rest But he said, II have under
taken to perform the duties Of this otfice,and
shall attempt TO do so, as long as hold it,
whateyer may be the consequences to
myself"
/ would be glad to speak Of him in his 9TH
er relations in life, and especially of his uni
form, dignifed courtesy upon the bench, but
have determined that my time upon this Oc-
casion, should be devoted to his judicial
character and especially to showing the cause
of his great success, as seen from my own
standpoint of observation.
His life Is an example, greater than any
other which have ever observed or of which
have ever read, OF what unfiagging indus
try and perseverance may do for man; it is
true that he possessed physical capacity to
aid him In his efforts, almost, II not quite,
without parallel; but this fact does not di-
minish the force Of the lesson which his ex-
ample teaches. His persistence In the dis
charge of his duties OF any trust committed
to him Ito the best Of his Abilities" In the
highest and br0adest sense of the term, In
part an outgrowth Of his habits Of industry,
is also worthy of the most exact imitation.
He illustrated these traits down TO the
very last of his life. lie spent the summer
of 1850 in Portland. almost all the time en-
gagged Ia official duties. He had slight at
tack Of illness 4, but promptly recovered. A
few days before the term Of the Supreme
Court was to commence, ne started for
Washington. But he stopped in Boston
few days, which were occupied In arduous
labors. These completed, he left for Wash
ington. but on his way was seized with
shock Of apoplexy, While not Of a serious
character, 1t prevented his taking his seat
upon the bench. He spent the winter In
Washington, however, with the determin-
alton Of resuming his judicial labors the
moment the condition Of his health should
allow it. But this was not to be. The time
had come which his friends had feared for
years. The crowding into seventy-seven
years Of the studies aud labOTs OF a century
had produced its natural result the only
wonder is that it did not come sooner. He
returned to Maine, as the warmer weather
came on, but the purer air of his New Eng
land home did not avail to check the disease
with which he was afflicted. In the summer
he went to Cornish, and there, amid the hills
of his early manhoOd's home, he quietly
passed away. But he had fully realized the
hopes his ambition had created. He had
lived long life of active, useful and most
honorable labor, and of the highest success,
and had died with the harness on"
have already referred to the evanescent