The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-30

who in a speech before Parliamcn.
| in tT75, referring TO the Colonies, de-
clared:
I'm no country perhaps in the
world is law so general study.
| The greater number of the Deputies
sent to the Congress were lawyers.
$50. have been told by an eminent
bookseller that in no branch of his
] business. after tracts OF pubic de-
voton. were so many books as those
on the law exported to the Colonies
-. | hear that they have sold near
| " az many Blackstones Commentar-
les in America IA in England.
| This study renders men acute, inqusi-
| tive. deNterous. prompt in attack,
ready in defense, full of resources.
| "However there were some things in
which the judges and lawyers of that
dav in no wise differed from those
of the present time. notably in that
antayonism which always prevails
when opinions offer. For in 1893 we
| find Iredell writing to his wife in
regard to one OF his cases: Il think
| the proceedings are irregular aud
may be set aside. but there is no
risking the plainest things with our
Judges
But to Moore and Iredcll, even as
| they came to the bar, was already
| looming uD the black shadow OF the
coming Revolution. In the dark and
weary days of gloom, Or trouble, mis-
cry and woe. through which our peo-
pie passed in their first struggle for
liberty and independence, they did
| their duty well as men and patriots,
| the one in the field and the other in
! the halls of council.
at is impossible for us of this gen
| Grafton to realize to the full the con
ditions which confronted our ances-
tors. They had been taught to look
up to England as child to its moth
er, to love and reverence, to fear and
obey her. She was the most powerful
nation of the world. with II strong
army, a mighty navy. and vast re-
sources. The colonies were without
money. without arms, without sol
diers. without ships, and without
friends. There was no quarter of the
globe to when they could look with
any hope for aid or assistance. But
there was no looking backward, no
shrinking from the edge OF peril, no
fear or hesitation to awake the
sleeping sword of war with the men
of that day. but a stern. high. steady
resolve, to achieve that independence
to which they had pledged their
lives, their fortunes. and their most
sacred honor And among those,
who carried themselves as true men
in that great conflict, history tells us
that Alfred Moore and James Iredell
were prominent
Then followed comprehensive and
appreciative review of the lives and
public careers of these two brilliant
men.
Closing his sketch of Judge Moore,
he says:
"In December 1899. he was called to
the seat upon the Supreme Bench of
the United States. made vacant by
the death of James Iredeli. He first
sat at the August term, 1900. when,
in Bias VS.. Tingy 4 Dallas 81 on the adj
miralty side of the docket. he deliv-
cred the only opinion emanating from
him during the four years of his jul
dicial life on that bench. This seems
strange and forces us to inquire the
reason of this singular silence OF 50
able a lawyer. The answer is found
in the pages OF Dallas and Cranch-
and is given by Mr.. Carson in his his
tory of The Supreme Court of the
United States who tells us that It
was owing to the. practice which Oh
tanned after Aiarshall came upon tie
bench of making the Chief Justice the
organ of the court. So strictly was
this rule adhered to. that during jus
tice Moore's term of office the opinion
of the court was always delivered
through the Chief Justice. except in
one or two instances, when he cN-
pressly declined to do SO, and that
duty fell upon the Senior Justice. We
must remember that the court was
then but an infant. its docket exceed
ingly light. and it was no great labor
for one Judge to write all the opln-
ions. There can be no doubt, however,
that. in the solemn deliberations OF
| the Conference Chamber, his opinion
upon every question under discussion
was given il. clear. concise and logical
argument. was listened to with defer
ence. and carried the weight OF his
| great talents with it. He remained
upon the bench about six years. when
his failing health compelled his ,"-
| tircmnnt and he resigned ia lsoi. He
| died on the 18th of October. 1910. IN
| the 55th year of his age, "A loyal, lust
| and upright gentleman carrying
| with him to the grave the blessed
comfort of IA 'well-spent life, the af-
| lection of his friends, the sincere re-
spect and reverence Of all men, and
| the grateful appreciation of his ma
| tive State"
| Touching this first Supreme Court.
of which Iredcll and Moore were dis
tinguished members. and the ditfi-
culties with which il had to contend,
/ Mr.. Davis had this TO say:
Let us pause here for brief mo-
ment and think upon the work which
| was carved ont for the members OF
! that court. The questions that were
| to arise before them were in the
| highest degree grave and important.
| An entirely new field of Jurisprudence
was opened out i'm which they were to
find no presidents. The unique ques-
tons of the amenability of the States
| tn tho nrocaSc af tho court their re-