Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-18

tlement
therefore are we, in this hour Of sor-
row, most devoutly and periodically
thankful for the opportunity for service
to the Supreme Court and to all the peo-
pie of these United States
Root Heads Committee.
Mr. James H. McKenney was named as
secretary Of the meeting and Senator
Root as chairman Of committee on reso-
| lutions, composed Of the following: Sec
rotary Knox, Secretary Dickinson. Lloyd
w. Bowen, William A. Maury. William
B. Hornblower. Bernard Carter. John G..
Johnson of Philadelphia, Samuel Dick
son. Charles Patterson of Albany, Will
| liam F. Mattingly, S. W. Rosendale of
Albany, Delaney Nicoll Of New York,
Senator Flint and Nathaniel Wilson.
Esteem and Regret.
The resolutions reported and adopted
set forth:
THAT the bar of the Supreme Court OF
the United States deeply deplore the
| death of the late Rufus W. Peckham.
associate justice of the Supreme Court.
and desire to place upon record an ex-
preston of the respect and esteem IN
| which Justice Peckham was held, and
| of regret for the loss which the court,
the bar and the country have suffered in
his untimely death.
| For twenty-four years he was an able
and successful advocate at the bar OF
his native state Of New York. For twelve
| years. by the election of his people. he
was a member of the highest court of
| original jurisdiction and of the court of
last resort Of that state. For fourteen
years he sat upon the bench of the STU
preme Court of the United States. For a
| full half century he served the cause of
justice without fear and without re-
proach His learning and strong powers
| the law.
His knowledge of affairs and the
breadth and vigor of his sympathies with
| the life and men OF his time saved his
| judgments from pedantry and made them
effective instruments for the application
| of the old principles to new conditions
| His published opinions constitute SUBJ
stantial and valuable contribution to the
development of American law. The vir-
| lie and courageous independence of his
strong character it's integrity and its
purity. created and justified universal
| confidence I'm his judicial acts. The in
| fiuence of his life and the effect Of his
| work have contributed powerfully to pro-
mote that respect for law. and for the
| courts of our country which underlies all
| of our institutions.
That the Attorney General be asked to
present these resolutions to the court
| with the request that they be entered
upon the records, and that the chairman
of this meeting be directed to send to
| the family Of the late Mr.. Justice Peck
ham copy of the resolutions and an
expression of our sympathy for them
in the loss which they have sustained"
Senator Roots Comment.
Senator Root presenting the resolu-
tions. said:
| Il shall not repeat in language the SELL
| timents of these resolutions, for they rep
resent all ! could say. Those of who
knew Mr.. Justice Peckham in his earlier
days and held to him the relations which
came from association at the bar saw
| the great merit of the man. We saw his
| flaming hatred Of sham and pretense his
/ intense patriotism. recognized the strong
| human qualities he possessed and the
worth of the man. which made him one
| of the greatest judges of his time
| Judge William F. Maury spoke briefly
and said in part:
| 1T was my privilege to have an ac-
quaintance of some intimacy with Mr.:
Justice Peckham. AS George IL said of
| the great Marlborough he had the
strongest head and tenderest heart of
any man l ever knew. He was born a
judge and men recognized that fact: He
| belonged to the school of which jefferson
| was the head, but he was no blind fol-
| lower of it.
| There cannot be a doubt that this
! Judge kept the Ddldnce tfue' between the
powers of the United States and the pow
ers of the states. He bore the honors be-
| slowed upon him without vestige of
pretense. This country will respect itself
by cherishing the memory of this judge.
who laid down the ermne as pure as he
| took it up
Mood of the Fireside.
Mr.. Thomas II. Clark of this city said
| in part:
| I'm the few words [ am impelled to Of
| fer in memory of Mr.. Justice Peokham
prompted by fireside friendship, mean
to use suggestions naturally arising in a
mood of the fireside. / have found my
self rejecting upon the character and
career of the dead jurist together with
| those of certain of the eminent dead of
an older time and an old civilization. i
| have had occasion since Mr.. Justice Peck
| hams death to turn the leaves of num-
1 Der of books that deal intimately with the
| social history of the greatest OF the
| cient republics and the empire founded on
| that republic. You will believe me when /
| say that in volumes like those of Green
| idge, and Fowler. and Dill and Boissier.
| was often put in mind of the quite Ro-
man simplicity. directness and integrity,
| the untranslatable but deeply significant
| virtues of our dead friend.
Every manly quality that approved
| itself to that iron race was embodied
in him. His very voice was Roman; his
| lineaments, his figure. his bearing, all
| were Roman. He had the Romans clear
| headedness. his moral courage. his frank
| ness, his reserve, his instinct for prac-
| tical affairs, his sense for order, his love
of law.
True of Justice Peckham.
The last commanding literary genius
of Rome has left his judgment upon a
certain great compatriot of his. He de-
| scribed AgricOla as never STOPPING to
| win the applause of men by contriving
excellence and exhibiting it, and declared
| it would have been to insult Agricola's
manhood to aver his incorruptible integ-
rity. These words of Tactus are true of
Mr.. Justice Peckham. They aptly de-
scribe the impression left by his whole
| life with it's curiously mingled austerity
and purity. Let me at once add that Rufus
| w. Peckham was eminentiy an Amer.c can.
The honored clerk of the Supreme Court
| in private conversation has termed him
as one of the most picturesque figures
that ever sat upon that bench. He was
picturesque quality was its association
| In him for the love OF truth. as truth,
| with fidelity to high aims Towering out
| off, dare to say it-a singularly beauti-
| full nature"
Personal Qualities.
Charles E. Patterson Of Albany, for
mar PARTNER of Mr. Peckham. smoke of his