The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-05-20
THE LATE col. MERRILL.
Exercises In His Memory Before the
Supreme Court.


parted this life and entered upon an existence
unattended by disease, and unclouded by
shadows.
Of his public career, already widely and
prominently noticed by the press, and to
which appropriate tributes have been paid by
other organizations, l forbear to speak. Mine
is the preference to think of him as l have
known him in the walks of private life, and as
observed in close companionship with him
during thefclosing years of his activity.
thus had far better opportunities of learning
his true character and solid merit than ordi-
nary professional intercourse affords.
He was among those, the nearer they are
approached, the more highly they are esteemed
1t is when men are off their guard, and in the
intimacy of private intercourse, that their true
character is best observable and tested. Official
distinctions, however honorable, are largely
adventurous, and soon fade from remembrance
Character, which in the main is the result of
choice and culture, abides in memory long
after earthly honors are forgotten.
In the daily companionship with Colonel
Merrill to which reference has been
made, came to respect his abilities
as never had before, and to observe, from my
stand point, how sound were his views on
matters of public and highest interest, how
loyal he was in sentiment and to duty, how
firmly fixed was his faith in the immutable
principles of right and of truth, how ready he
was to defend both when and by whomsoever
they were assailed, and how sensitive he was
to the practice of wrong and the prevalence of
error of any kind. But withal his was q
kindly nature and catholic spirit. When in
the enjoyment of health, and the free exercise
of his powers, he was good thinker an in
telligent reasoner, well wisher for the best
interests of society in ell its relations, in short
a manly man, an excellent citizen, tried
friend of his country, and a Christian gentle
man. Worthy of honor while he lived, his
memory for what he was and what he did, de-
serves to be long and tenderly cherished now
that we shall see his face no more.
1t only remains for me in behalf of the COM
mlttee appointed by this bar now to present the
resolutions which are the result of their con-
ference as follows:
Resolred, That in the death of Charles Ben
jamin Merrill, the Cumberland bar parts with
a sound lawyer, and its members with a genial
and esteemed companion; Portland loses a
citizen to whose best interests he was always
devoted, and in behalf of which he performed
long and excellent public service; the State
and country are deprived of one whose patrio-
tism has been illustrated on many battle
fields, and whose honorable deeds have been
intellectually stamped upon the official history
of the rebellion; and the community is called
to mourn Christian gentleman.
Resolred, That the associates of our la
mented brother proffer to his family their
tender sympathy in the day of their bereave-
ment and sorrow, the assurance of which they
request may be conveyed to them by copy of
these resolutions.
Hon. William l.. Putnam said:
May it please Your Honor:
1t happens that my friendship for COL Mer-
rill and COL Merrilrs friendship for me have
extended over the entire course of my profess
sional life, nearly the span of generation. He
has seen me grow from a member of the bar
just admitted to lawyer in full practice.
During nearly the whole of that period he
and his family have entered and gone out of my
door, and and my family have entered and
gone out of his door, more like kindred than
mere friends.
Of course your honor sees that under those
circumstances, might speak of his public
career; but that has been already made known
to your honor and to the community. through
the press, and will be further made known by
his friends who served with him in the army
of his country.
might also indulge in personal reminis-
cences; but for me to do that would be to run
into those fond lines of grateful recollection,
which, however, agreeable and pleasant to me-
are not suitable for public place like this.
1t only remains for me, therefore, to testify,
IT your honor pleases, as one who has known
Col. Merrill most intimately, that the resolu-
tons offered by my brother Emery are not
overdrawn, and are no more than the fair
measure of truth with reference to our depart
ed friend.
His patriotism was beyond question. l have
seen it tested on many occasions, though not,
of course, on that field where both physical
and moral courage are tried together; and I
know well that he was of the class who
though strong in their party faith and attach
ments, yet, as between party and country never
hesitate to make the better choice; as
thoroughly educated gentleman, possessed also
of that sense of honor and courtesy without
which none can justly claim to be such, he
represented the best New England type; he
was true friend and a kind and devoted
husband and father and as Christian his
conscience did not permit him to depart from
the correct path as he could discover it.
l cannot add more in detail and do Justice
to my own personal sentiments, without going
beyond the proprietes of this public occasion |;
and, if your honor pleases, will therefore
simply second the adoption of the resolutions.
Hon. Nathan Cleaves said:
May it please the court:
Lord Bacon said that sit is as natural to die
as to be born, but the frequency and natural
ness of death do not dispel its sad impression,
or mitigate our grief at the loss of associates
and dear friends.
l first became acquainted with Mr.. Merrill
when was law studentin.this city. He was
then in active practice of his profession, sur
rounded by an array of legal talentunequalled,
l believe, in the history of the Cumberland bar.
The docket of this court was crowded with
contested cases. and the Fessendens, Howard,
Evans Deblois, Fox, Shepley, Barnes and
others still living and hardly less distinguished,
were in full and vigorous practice. With such
brilliant and experienced competitors it re-
quired great perseverance, industry and marked
ability for young lawyer to obtain a respect
able clientage and an honorable position at the
bar.
had especial occasion to know that Mr..
Merrill had overcome, in his brief period at the
bar, the most trying difficulties of lawyers
early life. and he had entered upon successful
professional career; when, like many of his
associates, he voluntarily from patriotic sense
of duty abandoned it, to endure the dangers
and hardships of the battlefield.
The events of the military life of Col. Mer-
rill have been often narrated in the public
press, and are familiar to his associates and
fellow citizens. Upon his return from the war
he engaged in business pursuits, and did not
resume the practice of his profession; but he
continued to live, and finally died, among the
friends of his youth and manhood, in the city
of his birth.
There is much in the life of Col. Merrill to
be remembered and recalled with praise and
admiration. If he had continued in the prac-
tice of law, without interruption, he would
doubtless have obtained high honors in his pro-
fession; but lawyers reputation and fame are
of short duration, his most brilliant efforts
hardly outlive the recollection of his contem-
poraries and clients; while the memory of a
brave soldier, who has borne a conspicuous
part in the battles of his country, will live in
amaranthine bloom in the hearts Of grateful
people, long after his companions in arms have
responded to their final roll call.
Col. Merrill knew the advantages of cul-
tured and liberal education, and during his
long and faithful service as a member Of the
school committee of this city, sought diligently
to inspire others with love and thirst for
knowledge.
Modest and unassuming in his intercourse
with his fellow men, he was fearless and in
dependent in the discharge of all public and
private duties. In his friendships he was 'as
constant as the northern star" and his house