Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-08


but ever cautious lest undue promptness
might lead TO error In his Judgments.
His search for the truth was jealous
and conscientious. and in his judicial
action he had no fear nor favor. lie
was senstively apprehenslye lest he
should do injustice. and keenly alive
TO reaching the right in every case. Ills
clear and discriminating mind, his dfi-
gent study OF the law OF his case. his
sound judgment. when fully possessed
Of facts and law. with a suayity OF tenn
per, dignity OF manners. and innate
sense OF the proprieties In every condi-
tion. made him most admirable judge
MR. WILLIAM GREEN.
When he came to speak OF Mr.. William
Green. Mr.. Tucker said:
His library reminded you OF a forest
each book a tree, marked by his pen In
his peculiar way. as corner tree tnat
e. an original decision), or as a fore and
aft tree. on whose margin were ammo
tated all cases in pari materia, which
preceded. and all which followed II down
to the latest report.
mo law question ever found him un-
prepared In an instant. to any inquiry
on the street, he would start the game
and pursue IT until captured. He knew
some case bearing on H. and finding II,
II referred to all that was needed.
"It was treat to be with him IN 4
case: not always against him. II with
him. he literally endowed you with all
he knew: and. not Jealous OF any point
YOU might suggest. would lavlshly ana
with generous zeal. pour out upon yo"
the cases which would uphold your new
suggestion. He was a magnanimous ally.
Il think | do no lawyer at our bar any
jniustice-I go farther. none at the
American bar-when | assert. as ] firm
w believe. that for fulness and accuracy
Of learning, for judicial eruditlon. for an
intelligent comprehension OF all funda-
mental principles. as well as for know
ledge Of cases, no lawyer OF his time was
his equal"
COUNTY AND CIRCUIT BARS.
or the bar at the circuit and county
courts. Mr.. Tucker said: TT Is strictly
true that a large proportion Of those
already spoken Of who gained eminence
in the Appellate Court were trained AT
the bar of county and circuit courts'and
that training showed its excellence In
their prowess displayed in the Court OF
Appeals.
THE cause and influence Of this train
ing IL Is pleasant task. | assume con-
cisely to explain.
The county bar of Virginia Is a class
sui generis. Their peculiarities were due
to the character OF the chief tribunal
before which they appeared; the old
county courts Of Nirglnia--it was institu-
tional. not constitutional. 1t came to
jamestown In 1901 and never persisted
until the Constitution Of 1850 II was the
old Saxon Shire-moot: with the powers
Of little Commonwealth IN itself; the
nucleus OF local power over local right
Ia
copy Of the Teutonic institutions. brought
from the forests Of Germany; with legis-
lative functions over local interests, linn
tied by law. and with judicial functions
which disposed of more cases Judge T..
r. Barber said four to one; Morris, Of
Hanover added ten 10 one) than the
circuit courts"
READ AND STUDIED.
Mr. Tucker quoted Chief-Justica Mar
shall in the county-court system. named
some OF the men who had presided In
these courts. and continued as follows:
"He uhe county lawyer read history
much. and studied tfs human heart pro-
foundly. Amid the mountains, hills, val
leys. forests. and fields about his coun-
try home. he meditatsd much upon
natural law. The principles Of right ana
Justice implanted In the instincts OF our
and experience. he evolved from his own
native !ntuitions and reason. He wrought
out by original thought what law ought
To- be- without learning much from the de-
cisions of the judges. and thus in ninety
nine cases out Of a hundred he found
what was the law in any special con-
troversy. He was lesS technical than the
city lawyer. skilled by ample practice
and full libraries in the inhnitely-varied
phases Of social contacts and contracts.
lie was less scientific. but more philo-
sophie; his views were less astute, prOba-
by. but moro broad and fundamental.
and his congratulations l-ss accurate, be-
cause deduced from less number OF
particulars.
The law he learn d was that whose
seat is the bosom Of God. and whose
voice Is the harmony of the world.
SELF-DISCIPLINE
1T was by this self-discplin- by this
evolution of law "a a system of real right
OF absolute justice. in the political, social
and domestic relations OF men, from the
profound study Of human nature, and Of
the records OF human history, that
Patrick Henry was enabled-the country
lawyer Of HanOver-to write upon the fly
leaf IF his Coke Upon Littleton those
resolutions Of 1874. proposed in tn Viz
glnia House OF Burgesses. which chaI-
lenged George III. TO remember Caesar 5
fate and the bloody scafold OF Charles
Stuart: to strike the keynote Of religious
emancipation. when he pleaded for the
people against the parsons. and 10 forge
the thunderbolt Of revolution IN the
proclamation OF his sublime dilemma or
liberty or death" to tn Colonies strus-
Cling In the military grasp Of British
desUotism.
POLITICAL DEBATES.
The hastings Of Virginia. from an
early period, has been the scene as well
as the school for the highest powers OF
debate.
"The county courts Of Virginia. meet
ing every month, have been the occasions
for the assembling Of the people. on
court-day the representatives. Of opposing
political parties met upon the hustinSs
20 discuss public affairs. The people
heard both sides, quietly and fairly.
The debaters divided time-Operei,
answered. replied. and rejOined. In the
olden time the country people listened IN
dignihed silence. The clap-trap Of the
demagogue was but little Needed. with
sound sense and true eloquence princi-
pies were expounded and facts were ar
rayed which carried the day. All the re-
sources Of reason, OratOTy, VII, nuinur'
invective and satire we're called into
play: misrepresentation was corrected by
the adversary. detraction was subjected
10 censure, and fallacy in reasoning TO
exposure.
This institution OF our society was
discipline to the gladiators and a school
OF instruction to the people. II begat
fairness. candor and sound reasoning
in the debaters, and furnished the people
with the materials Of a just decision
upon the great questions Of the day.
may be excused FOR saying that one or
the most memorable debates which au-
thentic tradition has given us occurred
upon the hastings at March court. lts,'
OF Charlotte county The greatest orator
of America made his last. and his sue
cessor to the confidence OF his people
made his first speech; and thus AS the
sun Of Henry sank below the horizon IN
its evening splendor that OF his youthful
friend rose into the armament In it,
morning glory"
IN RE SHYLOCK.
The speaker called the roll of the great
lawyers at the Winchester and the Staun-
ton and other bars, making special mem
ton OF many OF them. such as Faulkner
Holmes Conrad. Robert III. Turner, Judge
j. w. +. Allen. Walton. Phmp Williams,
David W. Barton, r. +. Byrd. Samuel
L. Chiffon, John Janney. A. II. II. stuart
Thomas j. Niche. Judge Baldwin, Hugh
w. Shelley, John b. Baldwin. and others.
- 80. n