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Tribute Respect to Memory W. T. Colquitt.

died, "being full of the Holy Ghost," and left the world in triumph!

"There is a life above,

And all that life is love."

This mournful Providence speaks to us, his surviving brethren, in a language not to be misunderstood, "Be ye also ready." Let not the lesson be lost-but, giving heed, let us love and adore—knowing that our Heavenly Father does all things for the best.

1. Resolved, That while we sincerely sympathize with the bereaved, we will cherish in our hearts the memory and the virtues of our deceased Brother.

2. Resolved, That as a perpetual record of our love and admiration of him, we respectfully ask of this Honorable Court the privilege of having this preamble and these resolutions spread on the Minutes of this Court.

3. Resolved, That, a copy of the same be made out and signed by the Clerk or this Court, and be by him forwarded to the family of the deceased. Also, a copy for publication to the papers in Columbus and Macon.

REMARKS OF THE HON. JUDGE LUMPKIN. Mr. Chairman and gentlemen of the Committee and Bar: The Court cordially responds to the very feeling and eloquent tribute which you have paid to the memory of our deceased brother and friend.

No man that has lived within this State for the last thirty years, has left or will leave a stronger impress upon the public mind than WALTER T. COLQUITT. Who has touched the community at so many points? Who has exhibited the same versatility of talent? Who is a more striking type and exponent of the practical working of republican institutions? Emerging from comparative poverty and obscurity, he stepped at once from the Bar to the Bench, and by the energy of his mind and character, filled, in rapid succession, a seat both in the House of Representatives and Senate of the United States.

Tribute Respect to Memory W. T. Colquitt.

As a popular orator and advocate, especially in criminal causes, the deceased was unsurpassed by any of his cotemporaries. And whatever may have been the extravagances (if you please) of his style and manner, it rarely failed of success and to elicit the enthusiastic applause of his auditory; and this is the highest compliment that can be paid to a public speaker albeit, he may violate every rule of rhetoric taught in the schools. His, imitations on the Hustings, at the Bar, and even in the Pulpit, are legion.

But I will not dwell at this time on the peculiarities of the deceased. No man had more friends, or friends more devotedly attached to him. And this was natural as well as right, for a more unselfish man, in all the private relations of life and intercourse with society, never lived. We love them who love us, is the law that binds man to man, as well as man to his Maker. It was but a short time before his death that I was conversing with a female member of his family—a lovely woman who preceded him to the grave-and she related how, in a recent travel with her father-in-law, when he could scarcely sit up, he seemed to forget himself entirely and think only of her comfort. Is it strange that such a man should be endeared to his friends?

You have spoken, Mr. Chairman, of the moral courage of the deceased. But an equal tower of strength was his physical firmness. He never feared the face of man. We have many amongst us who are brave from pride, or principle, or education. Ilis was innate. It was the courage of Nelson, and Ney, and Zachary Taylor-that was wholly unconscious of the presence of danger. I speak what I know. Such a man could not fail to be a magnanimous foe.

But our friend and brother, so instinct with life, has passed · away in the meridian of his manhood. That pulse that beat so active has ceased to throb; that brain that teemed with ten thousand plans and purposes, will think no more.

If ever man was endowed with antediluvian constitutionborn to live a thousand years-Judge COLQUITT was. But he was as prodigal of his health as he was of his purse. He

Tribute Respect to Memory W. T. Colquitt.

knew no rest. No sooner did the bugle sound for political or professional warfare, than every nerve was strained to the utmost tension for the fight. He rushed into battle with every power of soul, mind and body, and would take no repose till the conflict was ended.

We saw him at this place after one of the most exhausting efforts ever made, and when his mortal malady, which had fixed its iron grasp upon him several years previously, was preying upon him-borne to the stage coach by his friendshurry away to a neighboring State to renew his struggles upon another theatre. We cannot but reproach one so munificently endowed by nature, and whose life was so important to his family and country, for thus throwing it away as a useless thing.

Let us take warning by his example, and be not overworked. We press toward the mark for the prize, and perish on Pisgah in view of Canaan and its clusters. He seemed to live but to die. We trust he died but to live forevermore! But I am done. Should my life be spared, and I can steal the time from the severe exactions of my official duties, I will endeavor to erect a more abiding monument and one more worthy of the deceased. With me, it will be a labor of love. We were College mates in a distant State, at a period of life when friendships the most pure and lasting are formed. When I reached Princeton, I found my young countryman in difficulty, and was able, fortunately, to assist him. I found myself in greater trouble afterwards, when he repaid the obligation, with usury.

I can readily forgive and forget an injury—a favor, never. The memory of WALTER T. COLQUITT will be pleasant to me until my own heart, like his, shall cease to beat.

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF THE STATE OF GEORGIA. AT AMERICUS,

JULY TERM, 1855.

Present-JOSEPH H. LUMPKIN,

EBENEZER STARNES, Judges.
HENRY L. BENNING.

No. 26. THOMAS D. FRITH, plaintiff in error, vs. FRANCIS FRITH, defendant in error.

[1.] A husband sues his wife for a divorce, alleging that, at the marriage, she was pregnant, and that he was ignorant of the pregnancy. The wife applies for temporary alimony. The husband resists the application, and offers to prove the truth of his allegation. The Court refuses to receive the proof, and grants the alimony: Held, that the Court did right.

Libel for divorce, in Randolph Superior Court. Decision by Judge PERKINS, October Term, 1855.

Thomas D. Frith commenced a libel for divorce, on the ground that his wife was pregnant at the time of marriage, and concealed the fact from him. A motion was made for temporary alimony and Attorney's fees, when Counsel for libellant proposed to prove, by various witnesses, and the con

VOL. XVIII.-35

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