Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-03-29
HON SAMUEL SHELL4B4RGER ON THE
LATE CHIEF JUSTICE

No man In America was more capable Of
paying a proper and adequate tribute to
the late chief justice, Morrison X. Waite,
than Hon. Samuel Shellabarger, native of
this county, who is one of the most eminent
men, and one of the ablest lawyers. who
have ever practiced before the supreme
court of the United States, and who was
one OF the warmest personal friends of the
chief justice. The following article, from
Mr.. Shellabarger's pen, written for and
printed in the National Republican, is not
simply gem of literary work, but it is
mastery expression of Mr.. Shellabarger's
and the country's feeling and opinion as
has just been called TO an infinitely higher
sphere of life and activity. All of Mr..
Shellabarger's, and all of the chief Justices
friends-and all lawyers especially-will
read the article appended with great inter-
est and pleasure:
The prOverb which admonishes the living
to SAY naught of the dead unless good" Is
found as gem imbedded in the language
of every people, ancient or modern, who
had or have a civilization or literature. The
proverb was originated and is perpetuated
as the fruit of one of the highest and best
impulses Of our common humanity. And
yet the very fact that this is both a precept
of universal obligation and an impulse of
our human nature has made it so that about
all mortuary tributes to the recent dead are
accepted as the promptings of bereaved
hearts OF the courtesies due from man to
n IL, kvNt thnrt o,,I . g.. i
as without significance as indications of the
real character of the dead, or of the estima-
tion in which he was held by mankind, or
of the place he is entitled to take at last in
history. And this is pre-eminently and
sadly true of those who have occupied pO-
sitions of great power or great eminence or
great honor. Around these fiattery ard
fawning, during their lives, hold their
senseless and incessant court, and at their
deaths the meaningless bestOwals are al
ways repeated.
The writer of this would be glad if this
slight tribute to one whom he so well knew,
so sincerely loved, and so profoundly hon.
ored, could be accepted by those whom il
may reach, not as the idle compliment of
mere words, with which all graves are apt
to be strewp, but as the cautiously chosen
and the carefully measured tribute of one
who designs in this last gift to the memory
Of an illustrious friend to do him that
supremest honor which is now possible to
be bestowed upon the head--namely, lay
upon his coffin no other gift than that which
truth ever brings to decorate the memories
of the really good.
Meaning so to approach this grave we
now state what is the common voice of his
entire and great country, and what will be
the last Judgment regarding him of cold
and unerring history.
In the massiveneSs of his intellectual
forces and the breadth of their grasp his
illustrious predecessor, Marshall, outrauks
Chief Justice Waite, and indeed all who
have come or are likely to come after him.
In certain qualities OF analysis, expert
ness, and versatility. Chief Justice fancy
probably exceeded him.
In the Wilderness of his learning, in mat
tiers of craftsmanship, and, possibly, of in
law, Chase was no doubt his
In brilliancy of style. in vast
ness of learning, in fertility of resource
and invention, in designing new systems of
law and remedy, Mansfield, of England,
was doubtless his superior, as well as the
superior of every other Engish-speaking
Judge. But, after all such contrasts are
made and exhausted, the thing which we
desire here to record and leave as our last |
poor tribute, remains true and to be yet |
stated. 1t is this, that, in all those quail |
ties which make up the character and the |
usefulness of great judge and great |
man, Chief Justice Waite was, indeed, pre- |
and will pass into history as the |
Inferior of no justice who ever sat in courts /
swayed by the common law. AS patient, |
courteous, attentive, and kindly listener. |
sven to the youngest and humblest of the |
bar, he was pre-eminent. For thorough |
and solid scholarship, in general learning, |
he was eminent His learning in the law |
was broad, accurate and thorough. His IN
1ustry and devotion to the labor of his great |
)ffice was most incessant and severe, and |
4 In this there was fault II was that these |
were excessive. His administrative and |
executive ability, going to the dispatch of |
business, was pre-eminent and probably |
lsver equaled by any judge preceding him
His style and character of statement. as
disclosed in his opinions, are characterized
,y terseness, clearness, vigor and accuracy,
md in this he had few, if any, superiors.
And beyond and far above all else he was
steadily and forever judicialIy fair, pure
md impartial. No shadow of error. no
ouch or taint of wrong in these regards
'ver even approached his judicial garments.
Then. as man, he was always and without
or turning, upright, pure, GEL
rous and exalted.