Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-02-09
THE LATE THOMAS I. BAYARD

the Bar Association resolutions to the
Court of Chancery yesterday, week said:
LII presenting this memorial to the
Court OF Chancery, ia and for New
Castle county, and moving your honor
to order il spread at large upon the
records of the court, it is not only
proper, but it is pleasant privilege 10
mo, TO add few words in eufogy OF
the great lawyer and statesman whose
memory it was and is intended topper
| petuate.
Mr.. Bayard as boy and as youth,
| insofar rs his friends were capable
of judging, and l am informed. was
not above the average OF his associates
inintellcctual power or moral worth.
| Both were fairly good. But the germ
| Implanted in him by naturel was
| there, and he soon developed into a
| that period of his life--his adult life
embracing its last 40 years, of which
wish lin a general and comprehensive
manner) to speak.
1t was illustrious, eveptful, and dis
tinguished in many ways, and COM
bined with it was pure personal
character, indelibly marked by many
noble and manly attributes. OF such
q life and such character, it would
be futile in me to attempt to speak in
detail; even il time and the present
occasion would Justify it. Indeed in
the strict performance of the duty with
which | am charged, should perhaps
only speak of him as a lawyer and
fellow member of the Bar of New Castle
county. But he grew to be more than
that; his well-merited fame extended
throughout the civilized world. So
that It is difficult to think of him solely
| us a Delaware lawyer, talthough such
title fifty applied, is sufficient of
itself, to place ono in the front ranks of
the profession, and high in the estima-
tion Of the people,. His chief indi-
yidual pride was in being a Della
wareun: Native and true. He loved
his State, and her people las he has
often said) better than all else in the
world. His brilliant and remarkable
career began herewith the exception
of brief interval OF absence in early
life, and when away upon public duty
regretted in his expiring moments
tstriclSen down while temporarily So
journing in a distant State) that
through the Providence of, God he could
not die here; yet it is gratifying to
know that his body now sleeps in the
embrace of his native soil, where first
he trod. HH.
He was Delaware lawyer. He was
a great statesman, and great man Of
Delaware, although his field Of use
fulness extended far beyond her boun-
daries.
His bosom beat in his country's cause,
He was born in this city on October
i Goth, 1928. In 1851 he was admitted tt
/ the bar of this county, u young, mex.
, perienced and clientless lawyer of abou
20 years of age. But ho was vigorous
Industrious, studious and ambitious
! and his clientage soon became large
, and of the best Of this community ant
a State. There were great lawyers at on
, bar in those days, and he was lawyer
among them, and soon well-recognizet
leader in the profession. And SO HI
) labored on, year after year, unaidet
4 and alone. ~.
Mastering the lawless science of our law
s That Goddess myriad Of presidents,
4 That wilderness of single instances.
!. until he beat his pathway out, to on
! Of Americas great civil and constitu
i tional lawyers. lt.ii eC
s His knowledge of the rationale an,
i principles of the lawis we'll known an,
!. needs no enconium MI my hands. Blu
8 there was q phase Of his lawyer lif
!. perhaps not so widely known. ii
: neither possessed or practiced any G
n the littleness or tricks which it is t
n be regretted) sometimes creep into tn
= profession. He was above it. Hi
IT professional ethics, his high sense G
: honor and moral obligation in the cor
|. duct of causes, was well known an
u esteemed by those who came in contac
l. with him. He spurned the suggestio
l. of advantage to be gained by tricsery
x or anything which might in any wa
o tend to lessen or weaken the moral ton
Of his character and conduct. Well
l. / recall one of the many incidents in hi
g practice illustrative Of. this. it occurre
! in a cause in which he appeared fC
Or the plaintiff, and / for the defendan
IN / had Just come to the bar, and it wa
TX one of the first causes l ever tried. 0
the morning fixed for the trial, as h
j. was passing along the narrow passage
oil way. which led to the old court rool
J.. in New Castle, met him, and aske
'e him if he would agree to admit ce
q, tain important, but somewhat technics
30 fact, which / would otherwise have
v prove. He said that he would an
T. passed on. Sometime afterwards Il
d. case was called, but owing to the al
no sence of one of his witnesses it W;
n continued until the next term, when
was called again, and the trial pr
an ceeded. At the proper time in openir
re- my defence, turned to the court nj
n after stating the fact necessary to
IN proved or admitted, said, 'Mr. Bayal
ey hps agreed to admit this fact, ar
of WAVES the formal proof Of il" Quit
ny as a fiash--always on the alert-+he ol
Der the agreement, but when L stat,
that it wag made at the previous teri
and recalled the circumstances su
no rounding it, he at once Withdrew h
objection, and with that pleasa
N. smile peculiar to the man land nc
he vivid to my memory said substantial
m. that all agreements of counsel are r
ed quired to be in writing under the rul
,es of the court, and the rules should
in adhered to, to save confusion and mi
hi understanding; but as he also tn
sre recalled our verbal agreement, he cou
Inv not, and would not take advantage
do the rule, and that he felt as nu
bound by that agreement as IL it hs
,en been in writing.
~ Such was the high moral tone of t
ms man.. in the trial of causes, more tn
al 81 years ago, and 50 it continued
n the last. Mr.. Bayard would not, q,
he could not, from his nature, do a
zen thing dishonorable, mean or unfair.
no. his cause could not be won in aymar
and truly professional way, he wor
rather lose it. @
What an example! What lesso