Year: 1859



 maned raised in the rigidity of death Thns suddenly was he called to meet his God. Truly did he " die with the harness on." And beau tifll is it to die thus, five are prepared to hear the dread summons to another world. It seems more Ike translation than death.

 Although, my friends. l feel as tie senior surviving attorney in this town and vicinity, though young in years, there is a peculiar fit- ness Tn my responding to these reso utons, and the more especially as my relations of friend sh'p and professional courtesy with the deceas- ed' were of the most intimate and pleasant character, yet since the mournful news met me at the cars on yesterday noon, having been en- saged m such offices ot kindness to the bereav- ea family, as my deep sympathy with their great aftl'ctlon dictated, 1 have not had a mo- ment to make fit preparation to direct your tAoug1ts, or collect nsy oacn.

 It gives me much satisfaction to speak of our pleasant professional relations. Our de- parted friend, was, in every sense of the word, an honorable practitioner. He was partcu- larly urbane in his practice. During the last thirteen years, being for the greater part of the tune, the only lawyers in this town he and I nave been almost constantly on opposite sides Tn the trial of cases, and yet speak it to his unusual praise, that he has not called me three times before the Court, to decide any of the preliminary questions which arise previous to the trlal of cases /; nor have l had occasion to call him three times before the Court, for a like purpose. We always agreed on such points, ana It was very pleasant to do so. He was kind-hearted and genial in his dispositiou-em- phatlcay so. He possessed keen knowledge or the character and motives of men, and often have seen him, when asperities arose during the trial of case, as they will, and must sometimes arise, by the dexterous use of his neVer-failing fund of wit and humor turn that into hearty laugh Gall round," which might otherwise turned into an exchange of blows. The same trait of character enabled Linn to learn the secrets of the camp of his antagonist, and to lnterpose at the opportune moment to ar rest the progress of litigation, and settle con- tested cases. He always avoided trial, if possible. He often said to me that he intend- ed to live, that one thing of truth could be said ot him, when he was dead aud that was, that he " had settled more lawsuits than any other lawyer in his part of the State." And this can be truly said of him. He would allow causes to go on while in Court, but he gene- rally found the favorable moment to settle them without trial.

 A man of superior intellect, such as the de. ceased certainly was, cannot reside as ne did, TOT hfty years, in community, without be- coming ldent fled with every fibre of it's insttu- tons. It is no matter that you may be op- posed to him and his views Tn politics, in re-

 gon, in everything He will have hold up- on you-an abiding influence in the community. The death of such man is e public loss. It is removing of the "ancient landmarks" We do well, then, to meet in this public man. ner to commune of our pubic loss.

 This is an occasion, the full import of which should sink deep into our hearts. As we gather thus mournfully together, and gaze in to the open grave of our departed friend, it becomes us to consider "what shadows we are, and what shadows we pursue." Hero we may take an affecting view of the follies and vanties of life. Here we may consider how much sorrow and misery we cause each other, and how heartlessly we often destroy each others happiness and our own. It is well to pause at the brink of the grave, and learn useful lessons for our future lives. May we here pledge to each other to initiate the virtues of the deceased, avoid his errors, and labor earnestly for the happiness of our race, while life remains. All animosities, if any existed ir noble minds, end here. There are no contests ill the grave. But I will not de- tain you longer. know full we'll your own thoughts outrun my words, and more elo- quently express your feelings. v

 Nathaniel Smith, Esq. next addressed the audience as follows

 Mr. Chairman, Lndies and Gentlsmen :-- To the resolutions before this meeting, have nothing to add, and there is in them no word that l would take away. Nor do presume to occupy for moment the attention of those present on this solemn occasion, from any hope of adding honor to the dead, or consola- ton to those who mourn him. But as mem- ber--the youngest one hereof that profes- sion which he practised and so long adorned as an acquaintance, as friend, it is a gratif- cation to me to offer my humble tribute of respect with those of others, who having known him longer, are better able to speak his praise.

 For many years, while you were daily be. coming more familiar with Judge Phelps, I have been absent. It is within the last few months only, that, with me, the slight knowl- edge of boyhood has ripened into closer ac- quaintance. I have known him not in tle hlgh noon of life, but when his day grew ge- tie and mellow as the evening came. He has seemed to me like an eagle, whose once. tire less pinion and fierce eye, has grown sonic- what Weary--somewhat dim, still clinging to his ancient eyrie, still majestic in his veteran age. Others will remember him for his knov- edge his power, his abilities, honors I slia 1 love his memory for the gentleness, tho geni- ality, the kindly courtesy that marked hls closing days.

 It is well to notice in this public manner, the loss of so eminent citizen--so large hearted man. But in thus doing, we mere ly express how truly we appreciate those guai ities which he possessed. As no public hon ors could perpetuate an insignificant cha.ac-