The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-08


preeideut OF the court Is SAID py MI
Wallace In his notes 10 the leading cas.s
I'm equity. to have contr0verten WIZ
distinguished aud convincing aohi'y
and with success the doctrine VI no,u
Eden in the case OF Copis Ns. Midnieto".
the president remarked. that the iepo'
OF the case was not in the library, anu
lie could only know its character IIoIn
the citations OF IT in Judge story WI"
on Equity Jurisprudence.
This defect left court and bar very
much 10 their own native resource "i'u
made them argue ard decide more upO"
principle and less upon cases.
THE AUTHoRITiEs.
The anoodote told so often. and voueh-
ed TO me as true. by Gcnl y. Il. Law
ton. OF Georgia, who was A student uhuer
Judge Story at Harvard, and heard nm
tell il. shows the self reliance OF lhe
great Chief Justice upon fundaihehldi
principles. TO which ho was lmpeHed py
the paucity of Oer Libraries, rather tna"
on cases. As reported by Judge otoi -
he would in conference on case sta,. .
the Law which ruled IT. and then "ouIu
say: Brother Story. please huhl UP '''
authorities 90
II is certainly true, that the reahy a.
cess TO cases by means OF uiseS's 49,
indeYes il a labor saving device "Illcn
makes legal research more ~
than mental 1t dispenses WIN
ance on ones own personal resources, pE
furnishing the thoughts and conclus'oio
Of others. made to his hand. DlseS,S az
Thought dispensing machines. IL - ~
man without books or WIN puI
book. who ie TO be feared as the oiVa'oI
of new Thoughts, which so olteh '"'1F
the deck. covered with musty toiit,s ". VI
obsolete lore or with crude ana III me
decisions from the many factorie9
readv.made law at home and ABROAD
which load the shelves OF our "iou'''' -
brarieS. $780, ..,so
,,,iII not he understood TO decry case
learning But f. should aid. not sup
Dlant; stimulate, not suppress. the III.
tense work OF The native lntellecl'
broader view Of fundamental prlhclpleS
is unauestionably gained by observing inc
many cases IN which their application Is
needed and by thus widening the genera
truth through an analytic dissection oil
as many particular cases as possiDit.
But while thus giving my judgment ioi
AN intelligent combination OF botn syS
TENS am free to say. II either alone j.
20 no preferred. IT is that which strains
mental effort 10 its highest eKceHeHct'
whore libraries are not to be reachel
rather than that under which the slug
pisb and unthoughtful explorer OF dlgestS
FIR what other men have thought lhuuC'S
yelf-exemption from any thought oil "'9
own.
ORIGINAL THINKING.
Rant tbi., is not rcminisC though not
a., ir,nroper criticism upon the merits y.
n ,ondition Of things. in which Original
tbourht was compelled by necessltE'
which may he cncrVated without IT, Inc
iuJccs OF every period. whose N'so'ou'
S,asn of principles has placed them III
10 front rank Of their order, nave pten
men who like Marshall. biazed the pa"
of legal progress by original ana Seil-l
liant thinking; and not those "ho9c W.
cisione are a collection Of other men
thoughts. in the midst OF WHICH you "a"
hardly find their own.
NV first appearance at the bar OF tlc
court Of Appeals was in the Nli1lI'ld
leading case Of Hunter W. altc pelol
President Cabcll and Judges Stanar1' Al
len eud Raldwn--absent Brooke. We
had only three manuscript records IN that
case. Ny leaders We're John NJ fdtton
and Henry +. Brooke; my opponents
BENJAMIN Watkins Leigh and CONWAY
Robinson. II was new cNpell'h't io'
me. only two Judges delivered oplhIoIS'
tho tWO HiUEtH NiOs lll NV 's'f't.
Rank Us Patton. and Hutchison vs.. kel-
Iy had IN preliminary skirmishes pro
pared for the contest Of these Judlcdl
giants in tho case 81 Hunter vs. waite
on tho validity OF Voluntary Settlements.
II Is a matter Of history. that the re-
visors Hatton and ROBINSON, who ar
gued this case on opposite SIDES loi i,u-
lated i'm the code of 1870, substantially
the views OF Judge Stanard. and settled
the law for Virginia; though IN othcr
States TO this day, the contrary views III
the main Of Judge Baldwin nave oeon
generally concurred in The opinions oi
both judges were worthy OF t"T'i "IS''
ted fame. ! may add. that bill was
filed after this decision on behalf OF
subsequent creditor. TO be let In on the
fund ON the ground Of Judge BaldwinS
opiniou. relied on Judge Stanards
view. which was sustained by Judge
Parker and the bill was' dismissed.
UNTIL IHE WAR.
The Judges who filed the bench after
1850 and until the close Of the war were
men OF the highest character and or
marked ability President Allen was
man of varied learning IN his proles-
sion and with a judicial experience o.
over thirty years-twenty-siN OF 1t on
| AT
and well read in history ana genera!
ltterature. His mind was at once logic
al and comprehensive. Though learned
in technical law he was never narrow,
and while eminently capable OF Judicial
refinement. he never allowed II 20 ara"
him away from the broad and enlisht-
ened doctrines Of right, which ne made
the cornerstone OF his judgments.
He rarely was diverted from his judi
any al
he attended a meeting Of the people OF
hi county of Botetour in the winter %:
1851 and formulated q statement OF the
relations Of Virginia u the impending
crisis: Hhlch for its force and logical
precision, and for conciseness and clear
mes, of style deserves TO be preserved
Is perhaps the abicst Vndication OF the
right and duty Of Virginia TO secede from
the Union which appeared IN that mo-
mCntous period.
By the convention e Virginia he was
appointed, on the passage OF the ordl-
nance of Secession. 10 be a member OF
the Board OF Council to advise AMI act
with the commandments OF the VIZ
ginia forces, the illustrious Robert T..
Lee. In which capacity he served with
zeal aud hdclity until Virginia Joined
the Confedcracy. He remained 10 the
close of the war firm and consistent
adhcrent TO the ideas ne had expressed
I'm his Botetourt declaration Of princl-
PIES.
Judge VIM. Daniel was by hCrcdity a
lawyer. His father, Judge VIM. Daniel,
was eminent as Judge. and the son
was nephew OF Judge Briscoe G. Bald
win. lie added 10 his inheritance, large
~ by his own talents and study. His
mind was acute. discriminating and Wig
oTous: and his extensive practice, a
well as service in the State Legisla ture,
and his fine powers as an advocate ana
public speaker gave TO his decisions as