National Republican., 1888-03-24
Ihirr .In.tirc Mnitc.

The pruycrb which admonishcs the living
tu ",ay uaught Of the dead unless good is
sound US gem imhcddCd in the language of
every people. ancient or modern, who had
ur have "a civilization or literature. The
pruvcrh wa, originated and is pcrpctuated
,,s the nuit Of one uf the highest AMI best
impulses of our common humanity. And
vet the very fact that this is both prcccpt
at universal obligation and an impulse OF
',Gr human nature has made II SO that about
.,ll mortuary tributes to the recent dead are
accepted Us the prOmptings of hercaved
Lrarts or the courtcsics due from man To
III. brother man, and are therefore regarded
ns without significance as indications of the
real character of the dead, or of the cstima-
ti'n in which he was held by mankind. or of
III, place lie is entitled to take at last in
history. And this Is pre-eminently aud sadly
true of those who have occupied positions of
great power or great emincncc or great
honor Around these ilattery and fawning,
during their lives, hold their senseless and
mcrs,ant court, and at their deaths the
meaningless hcstowals are always repeated.
Tie writer of this would be glad If this
slight tribute To one whom he 50 well knew,
- sincerely loved, and 50 profoundly hon-
urrd. could he accepted by those whom II
may reach not MS the idle compliment of
mere words, with which all graves are apt
10 he ,trcwn, but Us the cautiously chosen
aud the carefully measured tribute of one
vile designs in this last gift To the memory
of au illu>triuus friend to do him that
>uIlcmc,t honor which Is now possible to
tr bestowed upon the dead-namely, lay
upor, his coffin no other gift than that which
truth ever brings to decorate the memories
ur Tie really good,
Meaning 50 to approach this grave we
TOW state what is the common voice of his
,htire aud great country, and what will he
the last judgment regarding him of cold and
u'rring history.
In the inassiycncss Of Ills intellectual forces
aud the breadth Of their grasp his illustri.
uua predecessor. Marshall, outranks Chiel
Justice Waite, and indeed all who have
r,mr or are likely To come aftcrhim.
IN certain qualities of analysis. expert
ur>s. and versatility, Chief Justice fancy
probably exceeded him.
IN the widcuess of his learning, in mat
t'Is of craftsmanship, and, possibly, of in.
irrnatipnal law, Chase was no doubt his
superior. In brilliancy of style. in vastness
ui learning. in fertility of resource and in
v,ntion, in devsing new systems of law and
h remedy, Mansfield, of England, Wa,
doubtless his superior, as well as the SUI
I,riur of every other English-spcaking
Judge. But, after all such contrasts arc
made and exhausted, the thing which VT
d ire here to record and leave rs our last
l.or tribute. remains true and To be yet
,tal'd II is this, that, in all those Qualtie,
which make up the character aud the use
iuh,ss Of Il glcat Judge and great man,
I liul Justice Waite was, indeed, pre-emi'
r,rt. and will pass into history rs the i'll
iriiur Of no Justice who ever sat in court;
swuy,d 10y the common law. As Il patient
courteous attentive, and kindly listener
even To the youngest and humblcst of tn,
lar he was prc.cm!nent. For thorough ant
solid scholarship, in general learning, h
Wis eminent Ills learning in the law wa
broad, accurate" and thorough. His In
AurtrV and devotion to the labor OF his grca
office was most inccSSant and severe, and
in this there was fault II was that these weI
excessive. His administrative and cNccl
ike ability, going to the dispatch of business
was prc-rninrnt and probably never cqualc
ny any Judge preceding him, His style AM
character of statement, as disclosed in hi
opinions. are characterized by terscness
rhaIncs.. yigor, aud accuracy, aud in tlli
he had few il amy >upeliors. And hcyOnt
and far above all else hc was steadily an,
forever iudiciaIly fair, pure, and impartial
NJ shadow Of rrIor no touch or taiut a
wrong IN these regards ever even approaches
lis judicial garments. Then. Us man, h
wasalwuys and without yari0bIcne,S or turn
hg, upright, pure generous, and exalted,