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CASES ARGUED AND DECIDED

IN THE

SUPREME COURT

OF THE

UNITED STATES

19, 20, 21, 22 WALLACE.

BOOK 22,

LAWYERS' EDITION

COMPLETE WITH HEAD LINES, HEAD NOTES, STATEMENTS OF CASES, POINTS AND
AUTHORITIES OF COUNSEL, FOOT NOTES AND PARALLEL REFERENCES.

BY

STEPHEN K. WILLIAMS, LLD.

THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY
ROCHESTER, NEW YORK

1960 Reprint

COPYRIGHT © 1885 BY

THE LAWYERS CO-OPERATIVE FUBLISHING CO.

COPYRIGHT RENEWED 1913 BY

THE LAWYERS CO-OPERATIVE PUBLISHING CO.

1963 Reprint

22 US Led

IN MEMORIAM.

BENJAMIN ROBBINS CURTIS.

The Bar of the Supreme Court of the United | States met in the court room in the Capitol, on Monday, October 12th, at 12 o'clock M., to pay respect to the memory of the late Benjamin R. Curtis.

On motion the Hon. John A. Campbell was appointed Chairman, and D. W. MIDDLETON, Clerk of the Court, Secretary.

On motion of Hon. P. Phillips, the chair appointed the following Committee on Resolutions, viz.: Reverdy Johnson, Philip Phillips, William M. Evarts, Benjamin H. Bristow, George H. Williams, John A. J. Cresswell, Richard T. Merrick, T. D. Lincoln and R. M. Corwine.

The committee, through its chairman, reported the following resolutions:

THE BAR OF THE SUPREME COURT OF THE UNITED STATES, assembled upon occasion of the death of their brother CURTIS, in testimony of their great affection and esteem for him in life, and of their sense of the great loss which the courts and the bar of the whole country and the community at large suffer in his death, adopt the following resolutions:

Resolved, That we find in the professional life, labors and honors of Benjamin Robbins Curtis, as displayed in an elevated and extended career of judicial and forensic duty and distinction, the imposing traits and qualities of intellect and character which, in concurrence, make up the true and permanent fame among men of a great lawyer and a great judge.

Resolved, That the example presented by his life, of great natural powers faithfully disciplined and completely developed, expanded by large acquirements, and kept vigorous and alert by strenuous exercise, applied to noble uses, and effecting illustrious results upon a conspicuous theater of action and in manifold and diversified opportunities of public service and of public notice, is rare among lawyers as among men, and furnishes a just and assured title to permanent renown in the memory of his countrymen.

Resolved, That in the special qualities which mark him as a consummate forensic advocate and as an authoritative judge, the structure of Mr. CURTIS' mind and its disclipine combined the widest and most circumspect comprehension of all facts of legal import, however multitudinous; a luminous and penetrating insight into the intricacies and obscurities of the most complex relations; and an efficacious power of reason, which produced the many admirable exhibitions of his faculties at the Bar and on the Bench, which for forty-two years have served

the administration of justice and attracted the attention of the profession and of the public. Resolved, That we commemorate with no less satisfaction and applause the moral qualities which illustrate the whole professional service of our deceased brother-his justice to all, his kindness to associates, his fidelity to the courts and to the law, his scrupulous contribution of his best powers and his complete attention to every cause whose advocacy he assumed-his resolute maintenance of the just limits which separate the duties of an advocate and the duties of an adviser and of a declarer of the law upon professional opinions-his fidelity to society, to government, to religion, to truth-all these traits of duty, as the rule of his life, we present to the living lawyers and to their successors for their sincerest homage.

Resolved, That the Attorney-General be requested to present these resolutions to the Supreme Court, and to move, in our behalf, that they be entered upon its minutes; and that the chairman of this meeting be requested to for ward a copy of them to the family of our deceased brother:

Which resolutions were unanimously adopted. After the reading of the resolutions, Mr. Reverdy Johnson said:

MR. CHAIRMAN: Before moving, as I propose to do, the adoption of the report of the committee, I beg leave to trespass for a few moments upon the time of the meeting. The event which has brought us together was a severe blow upon the heart of the entire profession. Of the many bereavements which we have had heretofore to deplore, no one has given us more sincere sorrow than the death of BENJAMIN R. CURTIS. In all respects he was a man to be loved and admired. As a friend he was warm and sincere; as a lawyer, learned and accomplished; as a judge, of transcendent ability. To those who knew him intimately (and I am of that number) his death is a great personal affliction.

My acquaintance with him commenced when, in 1851, upon the recommendation of Mr. Webster, he became one of the Associate Justices of the Supreme Court, and this acquaintance soon ripened into a close friendship which continued unbroken to the last. And having been a very constant attendant on the court for the last six years of his connection with it, and during the seventeen years that have elapsed since his resignation, when, at every session, he appeared as counsel, I was afforded the best opportunity of forming an opinion of him as judge and lawyer. I think, therefore, that I have a just esti

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