The Washington herald., 1907-12-20
Justice Barnard Addresses
Bar Association.
RECALLS CAREER OF wYL1E
Vigorous Style of speech of Chief
Justice Cartier Described, and
Many Amusing Anecdotes of Him
Related to Washington Lawyers
in University Hall Last Night.

sity Hall, George Washington University.
The lecture was given by Justice Barnard
at the request of the Bar Association OF
the District, and is the first Of a series
of addresses 10 be delivered this winter
The large hall was taxed to its capacity
with members of the local bar and their
friends, who continuously applaUded the
speaker
On the platform were Mr. Justice Stat
ford, Mr. Justice Gould, and Mr.. Justice
Anderson. associate justices of the Su-
preme Court of the District of Columbia
Mr.. Justice Van Orsdel. of the Court of
Appeals of the District of Columbia
William F. Matungly. president OF the
District Bar Association. and Walter c.
Clephane.
The speaker was introduced by Mr..
Clephane.
Justice BRrnard's Address.
Justice Barnard said in part:
Gentlemen of the Bar: II is my pur-
pose tonight to speak Of the early DAYS
Of the Supreme Court Of the District Of
Columbia. and of the men who first can
stituted the same.
The year 1863 found this District in Il
greatly disturbed condition. in conse-
quence of the civil war that was then
shaking the foundations Of all our in
stitutions. The rebellion had not yet
reached its high-water mark.
This condition of the court. as well
as the system then in vogue, became the
subject OF inquiry in Congress. and an
act was prepared to reorganize the courts
of this District. and after earnest de-
bate the same became q law, on March s..
1853
Under this statute Mr.. Lincoln. on
March II, 1863. sent to the Senate. then
/ holding an extra session. the names Of
four men selected by him 10 constitute
( the new bench. all of whom We're well
known TO the country 10 be strong. con-
! seryatiVe, and loyal TO the admInistra-
/ ton.
Three Of these men had been members
| Of Congress, and one was local man
/ David X. Cartier. of Ohio. was named
/ to be chief justice, and Abraham B.
/ Oln. of New York. George p. Fisher Of
/ Delaware, and Andrew Wylie OF the Dis
/ trict Of Columbia, associate justices the
statute using these titles 10 designate the
/ judges. instead Of the titles Of chief judge
and assistant judges. which We're used in
the act creating the old Circuit Court
Justice Wylie resided in Alexandria,
1 Va. at the time OF the election OF Presi-
/ dent Lincoln, and had been known 10
be an avoWed Republican. and be was
\ the only man in the city Of Alexandria
\ who voted for Mr.. Lincoln. His open
avowal OF his political principles had sub
I 1ected him TO threats that he would be
shot if he voted for Mr. Lincoln, and
after the election he was fired upon
/ by some one while sitting on his porch
/ the bullet striking and breaking glass
/ which he held in his hand and shortly
after that he removed from Alexandria
/ to Washington.
Justice Wylie issued a writ OF habeas
/ corpus for Mrs. Surratt. but the return
/ was made that the writ was suspended
/ by order Of the President Andrew John
/ son. and Mrs Surratt was executed with
out having an inquiry under the writ
/ she having been convicted by a military
court.
Chief Justice Cartier.
In 1886, at the opening Of the January
I term Of the Supreme Court Of the District
| of Columbia, holding a general term.
there were present Justices Macarthur.
Hagner Cox, James and Merrick. on the
bench. when the picture OF Chief Justice
Cartier, painted by Mr.. Charles Armor.
/ new hanging in Equity Courtroom No. 1.
was presented to the court by Mr. Reg
! inald FenGall, on behalf of the bar In
accepting this picture for the court Mr.
Justice Macarthur said that IL was d very
satisfactory likeness. the features in fine
relief, the expression excellent. perhaps
! little severe, as il the Chief Justice was
/ in the act Of smashing a frivolous mo-
tion. He also said: The Chief Justice
! had sat there nearly quarter Of a cen
tury. and they all know the extraordE-
nary ability he has shown-perhaps un-
paralleled; and. that, when in the future
they should look upon this picture, they
would be reminded Of his strong utter
ances.'
His vigorous style OF speech was evil
IDENTIFY acquired before ne came upon the
bench, for, in Ben. Perley POOre's Remin-
liscences, Vol. /, page $50, the author speaks
OF Chief Justice Cartier. then a member OF
/ Congress, and says that in criticising
/ Daniel Webster's action as Secretary of
State in negotiating with the Barings.
Corcoran & Riggs, and Howland & Aspin-
wall. drafts in payment of Mexican in
demnity money for 3iz per cent premium,
| instead Of accepting August Belmonts s
! offer TO negotiate them for 4 per cent
premium, Justice Cartier used this Ian
guage:
/ e" I want the House to understand that
I take no part with the house Of Roths-
/ child, or OF Barring. or of Corcoran d
! Riggs. ] look upon their scramble for
money precisely as / would upon the
contest of a set OF black legs around a
/ gaming table over the last stake They
/ have al OF them grown so large in gor-
mandizing upon money that they have
/ left the work Of fieecing individuals and
/ taken TO the enterprise Of fleeing ma
/ tons
His original manner of speech is illus
trated by many anecdotes that are still
told of him among the older members
of the bar
Here is one which appeared in the
Editors Drawer, in Harpers Magazine.
for September, 1873:
=. At late term OF the Circuit Court
of the District of Columbia. Chief Jus
tice Cartier presiding. the dignity of the
proceedings was quite upset by the fol-
lowing incident:
A suit was pending in which the
plaintiff claimed full contract price for
work partially performed. but not finished
on account of fraud on the part of the
defendant. The defense was that the
plaintiff was not entitled to more than
quantum meruit because the defendant
enjoyed no benefit from the work. The
chief justice, who is troubled with a
slight impediment Of speech, speedily set
tied the point by stating. If 4 ma-a-an
hired an-nother ma-a-an 10 r-r-rub him
Vrrf~ II ~ r,nn