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 ANL

AUTHORITIES OF COUNSEL, Foot NOTES AND PARALLEL REFERENCES.

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 the administration of justice and attracted the States met in the court room in the Capitol, on attention of the profession and of the public. Monday, October 12th, at 12 o'clock M., to pay Resolved, That we commemorate with no less respect to the memory of the late Benjamin R. satisfaction and applause the moral qualities Curtis.

which illustrate the whole professional service On motion the Hon. John A. Campbell of our deceased brother-his justice to all, his was appointed Chairman, and D. W. MIDDLE- kindness to associates, his fidelity to the courts TON, Clerk of the Court, Secretary.

and to the law, his scrupulous contribution of On motion of Hon. P. Phillips, the chair his best powers and his complete attention to appointed the following Committee on Resolu- every cause whose advocacy he assumed-his tions, viz.: Reverdy Johnson, Philip Phillips, resolute maintenance of the just limits which William M. Evarts, Benjamin H. Bristow, separate the duties of an advocate and the duGeorge H. Williams, John A. J. Cresswell, ties of an adviser and of a declarer of the law Richard T. Merrick, T. D. Lincoln and R. M. upon professional opinions-his fidelity to soCorwine.

ciety, to government, to religion, to truth-all The committee, through its chairman, report these traits of duty, as the rule of his life, we ed the following resolutions :

present to the living lawyers and to their sucTHE BAR OF THE SUPREME COURT OF THE cessors for their sincerest homage. UNITED STATES, assembled upon occasion of the Resolved, That the Attorney-General be redeath of their brother Curtis, in testimony of quested to present these resolutions to the Su. their great affection and esteem for him in life, preme Court, and to move, in our behalf, that and of their sense of the great loss which the they be entered upon its minutes; and that the courts and the bar of the whole country and the chairman of this meeting be requested to forcommunity at large suffer in his death, adopt | ward a copy of them to the family of our de. the following resolutions :

ceased brother: Resolved, That we find in the professional Which resolutions were unanimously adopted. life, labors and honors of Benjamin Robbins After the reading of the resolutions, Mr. Curtis, as displayed in an elevated and ex- Reverdy Johnson said: tended career of judicial and forensic duty and MR. CHAIRMAN: Before moving, as I prodistinction, the imposing traits and qualities of pose to do, the adoption of the report of the intellect and character which, in concurrence, committee, I beg leave to trespass for a few momake up the true and permanent fame among ments upon the time of the meeting. The event men of a great lawyer and a great judge. which has brought us together was a severe blow

Resolved, That the example presented by his upon the heart of the entire profession. Of the life, of great natural powers faithfully disci- many bereavements which we have had heretoplined and completely developed, expanded by fore to deplore, no one has given us more sin. large acquirements, and kept vigorous and alert cere sorrow than the death of BENJAMIN R. by strenuous exercise, applied to noble uses, CURTIS. In all respects he was a man to be and effecting illustrious results upon a conspic loved and admired. As a friend he was warm uous theater of action and in manifold and di- and sincere; as a lawyer, learned and accomversified opportunities of public service and of plished; as a judge, of transcendent ability. To public notice, is rare among lawyers as among those who knew him intimately (and I am of men, and furnishes a just and assured title to that number) his death is a great personal afpermanent renown in the memory of his coun- fliction. trymen.

My acquaintance with him commenced when, Resolved, That in the special qualities which in 1851, upon the recommendation of Mr. Webmark him as a consummate forensic advocate ster, he became one of the Associate Justices of and as an authoritative judge, the structure of the Supreme Court, and this acquaintance soon Mr. Curtis' mind and its disclipine combined ripened into a close friendship which continued the widest and most circumspect comprehen- unbroken to the last. And having been a very sion of all facts of legal import, however multi-constant attendant on the court for the last six tudinous; a luminous and penetrating insight years of his conn' ction with it, and during the into the intricacies and obscurities of the most seventeen years that have elapsed since his res. complex relations; and an efficacious power of ignation, when, at every session, he appeared reason, which produced the many admirable ex- as counsel, I was afforded the best opportunity hibitions of his faculties at the Bar and on the of forming an opinion of him as judge and lawBench, which for forty-two years have served | yer. I think, therefore, that I have a just esti.