The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-03


treasury. After brief service In the Treas
ury Department, and before the close OF
President Arthur's administration. Judge
Drummond voluntarily retired from the
United States Circuit bench. and Judge
Gresham was appointed his successor.
AS a member of the Cabinet OF President
ability Of high order. He was fair and
fearless officer. and. such. won the con-
hdence OF the entire country.
His return to the bench was agreeable
to himself and gratifying to the bar. He
continued upon IL until March 4, 1893 when
ne left IL TO become secretary of state In
espoused Mr.. Cleveland's election, although
ne had Heretofore supported the Republic
an party. The change Of his allegiance IN
the campaign OF 1892 was due to a difference
or view between himself and his party upon
some fundamental questions OF party policy.
Although a strong partisan. he possessed
an independence Of judgment which he new
er yielded. No one questioned the honesty
of his motive in espousing the election or
Mr.. Cleveland, nor did any one doubt the
entire integrity of purpose OF Mr.. Cleveland
in Offering. and Of Judge Gresham in ac-
cepting, a seat at the Cabinet table. Judge
Gresham at first declined the Presidents
chief executive invited him 10 a personal
conference, and again rendered him the high
office. He accompanied the offer with such
urgent and cogent considerations that Judge
Gresham felt that IL wa his patriotic duty
to accept. He, therefore. accepted and re-
tired from the bench he had so greatly hon
ored, after a total period of service OF near
~ twenty-three years.
"As secretary of state he was engaged in
the consideration of many delicate and diff
cult international problems. He was wholly
without diplomatic training. but he brought
to the solution OF international questions
ripe experience and the judicial tempera-
ment. He dealt with the hawaiian cues.
subject of sharp dispute-but that he dealt
with Ii as a Judge. upon the facts and the
law, according TO his best Judgement, there
can be no manner Of doubt. His course with
respect TO other matters was marked by
wisdom and courage. He was In entire har-
mony with the President. TO whose acmln-
istration he gave complete allegiance. He
was intensely American, but meyer forget
full of the rights of other powers, and OF our
duty TO respect them. He sought TO hold the
International scales with absolute judicial
fairness.
HIS PRESIDENTIAL AMBITION.
s'In 1855 Judge Gresham was one OF the
leading candidates for the presidential NOM
nation before the Republican national con-
vention, and his candidacy was everywhere
regarded with the utmost respect. he en-
tered the convention with a strong hope.
but not with confidence. He too well knew
the combinations to be met and the nature
of the political lottery. He felt the warm
support of the wage-earners of the country,
who Justly held him in high esteem. A very
large portion of the Republican press had
given his candidacy strong support. He was
second in the list of candidates when the
balloting began.
''The contest was long and earnest one.
Of anxiety, but with apparent judicial COM
posure When the tide seemed 10 have
turned toward the successful candidate.
was obvious he could not be nominated. he
replied without the least evidence of cha
grin or disappointment. Very well, you
may take my name out or the convention
whenever you are ready.
Judge Gresham's judicial career was
long one, covering almost one-qaarter OF
century. II embraced a period when there
and when work upon the bench. I'm his dis
trict and circuit, was difficult Many cases
of large amount, involving important ques-
tions and vast interests. engaged the at
tention of the court. He gave them studious
and faithful consideration. inspired by but
one supreme purpose, and that was to reach
as profoundly learned in the law as some
judges One Of his professional brethren.
able 5udge net mus sasa c ne n fSlp e
velop him as lawyer OF deep and accurate
learning, he still possessed sufficient to en-
able him to perform the arduous and often
difficult duties of the bench with satisfac-
ton to the bar and the people. He was pos
sessed of a keen and comprehensive intel
lect of great courage, and of a high order
of executive ability; and man ever sat
upon the bench whose judgments were more
uniformly grounded upon the principles or
Every instinct of his pure and noble nature
gave him an adherence of fraud and in
Justice, and wrong and oppression found no
avenue of escape from his keen vision; he
became a great judge, and. better still. a
friend of humanity in its struggles for ele-
yation.
Another colleague. associated with him
many years in judicial service, speaking at
| the time OF his death, said: AS judge upon
the bench he was industrious. patient to
hear. impartial and fearless to decide; al
| rights and feelings OF counsel who appeared
| before him; striving earnestly and con-
scientiously to hold the scales OF justice
| even, and anxious only that they should all
| ways turn to the side Of law and right
DIRECT AND LUCID.
His exposition of the law, as applied to
| cases under consideration by him. was
| characterized by .directness OF argument
and lucidity OF statement. His opinions
were delivered in plain. strong English. He
| was not given 20 overamplification nor TO
| the citation of needlessly numerous au-
| thorities, and he was not what might be
termed a mere case Judge. He seized upon
| the great central truths Of the case before
| him, and applied TO them the established
principles of the law. with the sole end Of
| promoting justice in the particular cause,
| rather than for the purpose or preserving
the mere leCDnlcdlltlet WHICH ait Soht-
| times invoked to defeat justice, or OF es-
| tablishiDg precedents for the future lie
possessed an almost unerring instinct Tor
| the right. He saw, with keen insight,
| through the subtle sophistries OF wrong,
and If at times he seemed harsh In Jucg-
| ment II was when he believed that base
men attempting to use the court Tor
| unrighteous purposes. In such cases ms
| condemnation was quick and severe.
| He was a man OF positive character. He
| was not negative and colorless. He pos
| sessed convictions and adhered TO them
| with resolution. He was not, however. a
dogmatist, but was always ready TO hear
| whatever might be urged against the integ-
rity of his own views. He did not hesitate
4 to revise his own opinions IL they were
shown 10 be wrong In an important patent
| case he wrote an opinion which subsequent
| reflection led him 20 believe was founded
| upon an erroneous view of the law he.
lsthereupon, upon his own motion, wrote an
| opinion, reversing himself.
| 1.-THE records OF the court attest the mag
| nitude and excellence of his work upon the
| bench. He dealt with many questions OF
4 large and far-reaching significance. He
| possessed the patience 10 hear. the con-
science to investigate and the courage 10 DE-
| eide His mind was essentially equitable IN
it's processes. He preferred TO exercise the
| functions OF the chancellor TO any other. as
| IL seemed to give him greater latitude 10
| mete out Justice than he was able under
the application of the rigid rules and prac-
| tice OF the law.
PERSONAL CHARACTERISTICS.
"He was man OF striking physique; tall.
well proportioned, finely-formed head. de-
noting poise and strength; a heavy suit OF
| hair and full beard prematurely turned