The times. [volume] (Richmond, Va.) 1890-1903, 1896-01-24

track by personal fear or shifted by the
winds OF popular disfavor. or wheedled.
caJolcd, fattered. into a position which
his Judgment and conscience tell him y
! wrong. then Is he unworthy of his high
! position and the State that has selected
him AZ her Chief Magistrate is unfortu-
J nate indeed
! j thank you.
Al the conclusion OF the Governors elo-
| quent address the cheering was deafen-
| INK
In Introducing the next speaker Mr..
| Tucker eaid
In response to the toast Of 'Jvtice"-
| u IS the end Of government. the end
| or civ'l society. II has been and ever
| VIII be pursued until IL he obtained, or
until liberty be lost I'm the pursuit" j
| call on a gentleman who occupies the
! highest position in the highest court OF
| the oldest state I'm the Union. He IS
! blk bodied. a big hearted. and a big
| minded man. 7 take pleasure I'm introduce
ing hon, James Keith, president OF the
! Court Of Appeals.
Judge Keith spoke as follows:
JUDGE KEITHS SPEECH.
| Mr. Chairman and Gentlemen: You
| have done me the honor 10 ask me TO re-
| spcnd 10 the toast just announced The
subject Itself would be sufficient TO cause
| me 10 approach II with unaffected dis
| trust and apprehension, but when / con-
| template the audience before whom |
! Sandwich ] soc before me the hon
| Ored Executive OF the State. the members
I OF Inc 'ffUflai ASSEMBLY, IN whose lgnDr
this sumptuous banquet has been spread
by the munihccnt hospitality OF orr
hosts. and when I'm addition to an these
! observe so many citizens worthily rep
rtscnting the character and intelligence
OF this beautiful and beloved city. / con-
fees that I should be wholly unable 10
proceed We're II not for the confidence
feel that stand before those good and
great enough 70 season justice with
mercy.
Justice" considered as the end or pur
pose Of government. and as the prncipa
object Of society. must have q far wider
significance than that definition which
confines 10 20 the administration OF JUS
tice by courts ana iuries. by justice. as
ono OF the attributes Of government and
Of society. l understand a principle Of
action all-pervasivc In its obligation.
which requires Of the Legislature the en-
actment Of wise and just laws that shall
insure TO every individual upon whom
they operate The equal protection Of the
law. and equal opportunity TO enjoy life.
liberty. and property. which imposes upon
them the duty diligently 20 inform them
selves of any inequality in the operation
and enforcement Of the laws, and intelh-
gently 10 apply the remedy, whether the
defect exist in the law itself or in the
instrumentalitics by which II is to Dee en-
forced. and the further duty TO provide
laws which shall foster virtue and pun
ish vice. Then
Sovereign law. The states collected viii
O'er thrones and globes clatc
sits empress browning good, rcpressins
iii."
Justice requires Of the law-maldng
power TO remove. as far as possible the
example and tempta.ion to. evil ana TO
mont and exercise OF virtue.
On the Fxecutive-and ! crave pardon
both of his EXccllency and of the Cen
crai Assembly for thus presuming TO
touch upon their duties-of the Executive
Justice IN the broad sense in which am
cndeaVOring to present II. requires that
he inform himself and acquaini the Cen
eral Assembly with the wants OF the
people Of the Commonwealth, and sug-
cest 10 them appropriate remedies for
any deficiency in the law as II stands
which may come TO his notice ~ re-
Quires Of him that existing laws snall he
faithfully executed. and lastly. justice
rcuoscs In him the pleasing attribute OF
mercy. which
is mighteiest in the mightest. and
The throned monarch better than his
crown
JUSTICE IN THE COURTS.
feel a particular dehcacy in speaking
OF justice as administered 10y the courts
for obvious reasons. All that has been
said as 10 the obligation which IL i'm
poses applies. If possible. with stu great
er force TO the judiciary, It's chosen and
consecrated ministers. In all civilized
societies courts are organized for en-
forcing the laws designed TO punish Of
tenders. and before which the members
of society must submit all differences in
respect Of their rights OF person and Of
property 10 be determined according 10
the law OF the land. Judges, therefore,
should i'm the first place know the meas
ure OF right and wrong which the laws
they are called upon 20 administer pre-
scuhe-that is TO say, they should De
learned i'm the law. not merely with that |
learning which enables them TO cite au-
thorities and TO quote, however aptly' the
ideas of others TO be found in the books /
but there should he that habit Of mind
which enables men 10 look through and !
beyond the mere wOrds-the husk in |
which the thought IS clothed-so the
thought itself. and so grasp the vital and
animsting principle OF the law and APP
PLY il TO the facts. As was said by an !
author replying 10 "a criticism made py
some one upon Judge Marshall 'hat he
had not seen case upon when the cIiuc
relied. There are judges who read more
cases than they cite, and others who cite
more than they understand MOI only
ought "a judge 10 know the law which he
administers. but he should understand |
the spirit of the institutions OF which |
the laws are but part He should he In !
touch with the people and know their /
history. their present needs. and their !
asuirations for the future Justice re- /
qures that her ministers should so live |
as 10 bring no rcproach upon their high
calling. Thrice happy ana blessed he 81 ,
whom 10 may DE Sdll MNilit dAA'i NE = /
Gtful fever" he appears before the final |
searcher Of all hearts as was written OF /
one who nlled and adorned the position |
which l now occupy; lie was learned |
without pedantTy. grave without aus |
teritv. cheerful without irivOlity. gentle |
without weakness meek but unhendlug. ]
rigid in morals yet indulgent to al faults |
but his own.
He lived without heprOach.
And died without an enemy.
ABSOLUTELY lMPERSONAL
Last. and above AN. Judges should be |
absolutely impersOnal in the discharge OF /
their duties They should faithfully in /
VcstiCatc whatever question is submitted /
to them whether Of law or fact, and fol- /
low with cold neutrality the dictates of 4
their judgments thus enlightened. Much /
is sometimes said I'm praise OF the merci- |
ful Judge. ! much doubt whether 10 is /
a quality greatly 10 be commended You /