The Savannah morning news., 1903-03-18
THE BENCH AND BAR.
Judge Adams Opinion of Judges
and Lawyers.

JuuEe ADAMS OptniOn VI JuuEcs
and Lawyers.
Judge Samuel B. Adams responded
to The Bench and Bar
II profoundly wish that the Bench
and the Bar could make clear their
title to the toast and all the compli-
ments which it implies" said Judge
Adams in beginning his response. I'm
all time they have had a prodigsous
influence, for good or for evil, upon the
welfare and destinies of the people.
This is particularly true OF America.
A largo majority of the rulers of the
country have been lawyers. They
have been potent factors not only in
making laws but in constituting them.
Not infrequently courts have set aside
the solemnly expressed will of the
Legislature because not consistent
with the constitution, and their de-
cisions have controlled rather than
those of the law-making power. The
Supreme Court of the United States
has had much to do with the policy of
cur government, whether its members
so designed or not. John Marshall
was not only the expounder of the
laws but he was also a constructor of
the constitution. Few statesmen or
politicians have had his influence upon
the policy of his country. Whether
we agree with his federahstic views or
not, the fact must be admitted.
Il ann glad to say" said Judge
Adams, that as rule the Judges of
our land have been faithful to their
high functions. In this country the
cases have been very rare when any
one of them could be justly suspected
of venality, or unjwdicial conduct. In
trying ordeals they have often been
conspicuous for their firm and uncom-
promising maintenance of the law and
the dignity of their courts. We are
large debtors to good judges who hold
the scales of justice evenly and, with
out fear or favor, render righteous
Judgment. Many of them have adorn-
ed our common humanity and have
richly deserved the gratitude of the
world.
Some Famous Judges.
do not care now to indulge in gen.
eral statements said Judge Adams.
81 prefer concrete examples. We have
had the centennial celebration of tho
elevation to the Supreme Court bench,
as chief Justice, of John Marshall. At
some fitting time l would like to join
in doing honor to his great successor,
Roger B. fancy, whose career. char
acter and abilities will not, in my hum
bic opinion, suffer in the least by
critical comparison with those of his
predecessor, or of any other great
Judge. Scant justice has been done
him even by the people of the South
whose views of the constitution he
steadfastly maintained with such sing
ular ability and, as 1 believe, unan-
swerable logic. He died neglected, mis-
understood, and maligned. A state
ment made by him in the bred Scot
case of an historical fact was distort-
ed so as to make 1t appear that he
thought that the negro had no rights
which a white man was bound to re-
spect. Such a heartless sentiment was
utterly foreign to his thought or APP
probation. Although a Southern man,
he voluntarily manumitted the slaves
which came to him by inheritance. Up
on all proper occasions he defended
negroes against wrong and oppression,
sometimes to the straining of his per-
sonal popularity. More than once he
braved public opinion In their behalf.
He was too great and good a man to
cOuntenance oppression or wrong be-
cause OF racial prejudice. He haa
been seen upon the streets Of Wash
lie affairs, to take a heavy burden
from a little negro child and carry it
for her to her destination. Such con-
duct on his part could not be misun-
derstood. Would that we had more OF
his just, fair, Christian spirit. Then
every Insignificant quarrel between
members of the two races would not
be magnified into the proportions of a
race war; and we would be spared the
daily headlines of a certain class of
newspapers which tend to make acute
the prejudice which unfortunately ex-
lists and to infiame the public mind.
Unkindness of conduct or OF speech
toward the coIored race cannot find
the slightest countenance in his life,
conduct or sentiments. / am glad that
this is true, admit with shame.
Southern man though / am In every
heartbeat, that much occurs now-a-
days in our treatment of the weaker
race which would meet his sternest
condemnation did he live and move
among us.
An Incident of Fort McHenry.
zone of the most thrilling scenes
ever enacted upon the stage of this
eountry's affairs was that witnessed
In the habeas corpus case of John
Merryman OF Baltimore. AT the early
part OF the war between the states
he had been sent to Fort McEenry by
the military general because suspect
ed Of disloyalty, and was there con-
fined without warrant or bail. Judge
fancy, then cordially hated by the
North, issued the writ of habeas cor
pus, commanding the general, backed
though he was by his army, to produce
the prisoner before him. When the
time for the hearing came, fancy,
then an old and feeble man, came into
the court room leaning upon the arm
of his grandson. The Court House was
filled with soldiers with muskets in
their hands. Quietly and serenely, I'M
awed by the military, fancy pro-
nounced his judgment, declaring the
arrest Illegal and ordering the dis
charges of the prisoner. His sheriff
was unable to execute the mandate
of the court, because inter arma leges
silent But the bearing Of the chief
justice was grand, characterized by