The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-15
AN ELOQUENT EULOGY.
HOy. III. X. POLLARD ON THE LATE
JUDGE b. W.LICY.
A Fitting Tribute to the Dead Jurist Be-
fore the Supreme Court on the Fre'en-
tation Of Resolutions ofRe'pect'

A striking episode of the proceedings Of
the Supreme Court Of Appeals yesterday
was the presentation OF the resolutions
of the State Bar Association In refer
ence 10 the death Of Judge y. W. Lacy,
late a member OF this court, by Hon IL.
r. Pollard. OF this city. in very eio-
quent and appropriate address.
The resolutions were ordered 10 be
spread at large upon the minutes Oh 'he
court
Mr. Pollard spoke as foiio"s'
MR.. HOLLANDS ELOQUENT EuLoGY.
May II please the Court: A..
Since Your honorable body sat here the
relentless hand OF death has idiu to'
two distinguished cltlzens OF tlit9 ,,,,,,,-
monW ealth and but lately noholeu ,.. me-,
bers of tnis tribunal, and in recos 'iiei ',
of the worth of one OF these, the honor
able BENJAMIN Watkins Lacy, naNe Dee'
commissioned by the Virginia Bar Asso
citation to present. as l no" 10, A' "o
respectfully request tlde - ~ thaS III. and
your minutes a memorial OF 'he ~ ~, "''e-
public services of this honoted Juuee'
In discharging this sad duty, pes
the privilege of paying an nuHpis ~ ~
OF respect and esteem 10 tie Men aud
this valorous soldier, upright cllzen' an"
He was the Oldest son of worthy
citizen. able lawyer. ana expeflehcea les 81,
lator OF ante-bellum days, heics ~ - ia Ia
strange that his laudabie ambluon leu
him tn asnire To pre-eminence III has CHOSEN
profession. - VERY,
In the spring of 1851. when the very
foundations of the republic trenlDleu ui l,
the tramp of assembling armies, sludeue
O. law i'm his fathers office. ne lFohptS
responded 10 the call OF his country, anu
enlisted for the war. To his deVouoh anu
courage as a soldier, three Wounus
ceiyed I'm battle ana -FOUR years Vi ""'"
ship eloquentiy testify.
When ''.rinI-vieagel war had smDotn-
ed his wrinkled front young Lacy ch1ei-
ed upon the practice OF his profession
with all the vim and energy OF MS ~
dent nature. 80 .or
Emerson saws personal force never
goes out Of fashion. That Is still par
mount to-day, and, in the moving ctoM IVA
OF good society, the men ol 80 ratn-
raj place. The competition Is transferred
from war 10 politics and trade but 'ie
personal force appears reauily enO"sn IA
these new arenas. .,.,a,,
Thus with unfailing visor and STEADY
troad he uurstlcd the onward ana UP,
ward course towards the highest anu
most honorable stations attainabie IN two
departments or the government oI ~
distinction. that the same person, III q
short lifetime, attains the highest rank
as legislator and Judge.
As Speaker Of the House or Delegates,
he was "suaviter in modo, foruter III r.,
and received alike the deserved en-
comiums of political friends and foes.
HIS CAREER AS JUDGE.
But as Judge. he most displayed ms
ready adaptation TO his environments anu
his capacity TO meet. ana creullduiy ~
cbarge the high and responsible duties Ok
1nol.r0 he ascended the Circuit Court
bench. and the bench Of this nonoraDle
court as well, in times OF great poltlcal
excitement and though his elevation Was
at the hands of his political friends, yet
his career was no exception 10 the n!EH
standard that has characterized the IT
ginia Judge And In this connection, IN
asmuch as there were sharp criticisms
In certain quarters upon the late court
because OF their political aihNallohs, ~ -
no less appropriate, than just, 10 say that
IL is the veriest hgment OF visionary ana
uniformed mind 10 suppose thdt Judges
are. or have ever been. appointed solely
apart from political considerations.
In a conversation had in III with Df,
Samuel Johnson, sir Alexander Macdoilal"
observed that THE ChancellOrs IN ing
land are chosen from views much inferior
TO the office being chosen FOR temporary
political views" To this conclusion Or.
Johnson gave his emphatic assent. ana
remarked that the same was true al
Certainly our own country has been no
exception TO the rule, FOR Jay ana kut-
lege Ellsworth and Marshall, the nfst
four chief justices of the supreme court
were the cXDonents, If not the partisans'
Of the Federal construction or the con-
stitution. But they were none the less
pure and impartial judges.
Nor have the men who nave most
adorned the bench in this country end
England been free from sharp criticism
and unjust insinuations, that their deci-
siOns were tinctured by partsanshlp. MI.
jefferson did not hesitate TO charge hat
the trial Of Aaron Burr could not be
safely intrusted TO Chef-Justice Marshall
because of his extreme prejudice against
his administration. In letter to VIII
liam g. Giles ia 1s1l. he said:
THE court being so decidedly Federal
and irremovable. il is believed that Re
publican attorneys and marshals. being
the doors and entrance into the courts,
and indispensably necessary as a snieid
TO the Republican part OF our Fellow
citizens. which | believe Is the main
body of the people
And again in a letter to Tom Richie, in
lSzV he said;
"The judiciary Of the United States is
the subtle corps Of sappers and miners,
constantly working under ground, TO un-
dermine the foundations OF our conIeder-
ated fabric. They are constituting our Con,
stitutiOn from coordination or a general
and special government TO general ana
supreme one
FIRM But COURTEOUS.
Such were the harsh criticisms on the
judiciary In the early days OF the repub-
lie. but IL IS to be hoped that the time
is rapidly going by when motives are 10
be suspected, ana when confidence ana
respect are 10 be withheld because OF
political Affiliations. We must reacn TINS
point, Ruskin says. Whatever the learn
Ing or aCuteness of a great lawyer, our
chief respect for him depends on our
belief that. set in a judges seat, he VIII
strive 10 judge justly, come OF II what
may" With the bar largely rests the re-
sponsbility to stand between the bench
and the public and shield II from the
popular agitdtions which disturb at times
the political arena, and at least molliiy,
though II be impossible 10 prevent, cen
sure, which Swift says Is the tax d man
pays 10 the public for being eminent.
Judge Lacy had a profound conviction
OF the dignity Of the judicial Office, and
whether presiding in d county court or
on the bench IN this august tribunal, lie
exactcd of ali-Oiicers. attorneys, sultors,
and witnesses alihe-the most punctilious
observance OF demeanOr becoming the
sacred precincts OF the Temple Of Jus
t!ce. where judges are said TO SIT III
Gods seat. who resisteth the proud, but
giveth grace 10 the humble Tempered
with this hrmness, he bore an uniformly
courteous and considerable demeanor 70
the members OF the bar, which Was ~
striking contrast with the department OF
once justice OF the Supreme Court, be-
fore whom il was the poor fortune o. the
great lawyer. Fisher Ames, 20 appear, OF
whom he said, ITO get hearing IN mis-
court. one must come with a speaking
trumpet in one hand and club IN the
other.
Judge Lacy did not Give and move and
have his being under the guise OF the
tabled ring OF Gyges but his faults ne
wore upon his arms, known and read or
all men Ouick fu his perceptions. acute