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resolutions; which, at their request, I have now opinion of the court has been without any conthe honor to present to the court. Our deceased siderable weight or influence. Civil war has brother was born at Watertown, Mass., in the since followed upon this and cognate questions; year 1809, and came down to his grave with all but it yet remains for this court to define the his faculties unimpaired by decay or the infirm. rights, immunities and privileges of citizens of ities of age.
the United States, and to determine to what deI can only speak of Judge CURTIS as a law- gree of protection, as such citizens, they are yer, and those who knew him in that capacity entitled from the Government of the United will not, I am sure, charge me with exaggera. States. tion in saying that all that has been said of the Our deceased friend was not distinguished in ablest and best of our profession may with fit- the political world. He was never drawn into ness be applied to him. I was a member of the the vortex of partisan strife by the prospect of High Court of Impeachment when the Presi- official honors. His ambition was to be a great dent of the United States was put upon his trial and successful lawyer. Seventeen years ago he before that body; and had, therefore, an excel- gave up his exalted position upon the Bench of lent opportunity to see and hear the deceased, this court to resume the practice of his profes who was the leading counsel for the defense in sion, and since then he has hardly been equalled that case. The late Chief Justice presided. Sen in the number and variety of the great causes in ators and Representatives occupied the floor of which he has appeared. the Senate, and distinguished people from all His solid and massive intellect was enriched parts of the world filled its galleries. The po- by acquisitions from every branch of jurisprulitical pulses of the nation throbbed with intense dence. He argued questions as to the functions Anxiety. The scene was thrilling and historic. of government, the construction of statutes,
And when the prosecutors had submitted and the doctrines of the unwritten law, with an their evidence in support of the articles of im- equal fullvess of learning and profoundness of peachment, Judge Curtis followed with a state thought. There were no fanciful quotations or ment of the respondent's defense. I was greatly pomp of words about his speeches. They were impressed with his presence. When he arose as plain and simple as they could be. This is to speak, he seemed to be the personification of the highest style of speaking at the bar. Weaksolidity and strength. Added to his striking ness of argumentative power, as often as otherfeatures and form he had a peculiarly firm and wise, displays itself in turgid and showy declabroad way of standing while he spoke which mation; but to make each word a necessary seemed to express an inflexible determination | link in a chain of logic, that draws and binds not to be moved from his positions. He was the judgment of the hearer to the conclusion of not excited or embarrassed. He commenced him who speaks, is the work of a master mind, with the composure of conscious power. He and in this Judge Curtis excelled. Few cases presented the facts and points of the case in such come before this court in which there is not a å comprehensive, compact and logical manner, great variety of debatable points, some vital and as to make the speech a model of forensic dis others incidental to the controversy, and very cussion. Brougham or Burke would have dis often all of these are discussed as though there played upon that occasion a wealth of imagery was no difference in their value; but, in addiand illustration; but the language of Judge tion to his other fine faculties, Judge Curtis CURTis was as pure and chaste as the lectures had the power to detect and eliminate from a of Blackstone.
case its decisive issues, and with these alone he I will not venture to say that our departed occupied the time of the court. brother was the equal of Webster; but it is safe, I would not seek vainly to pour flattery into I think, to assert that he was more like Web- the “dull, cold ear of death,” or seem to praise ster than any man who has of late years, if ever, one who is dead, as though he had none of the appeared in this court. Some one has said of | infirmities of human nature; but, leaving out Lord Mansfield, that his statement of the facts ; of view his personal, domestic and social qualof a case was worth the argument of any other ities and habits (of which I know little or nothman; and few gentlemen will feel disparaged, I ing) and judging only from his professional presume, if this remark is made applicable to character, I feel at liberty to say that, as nearly Judge Curtis.
as anyone I ever knew, he filled the measure His eminence as a Justice of this court has of a perfect lawyer. When an intellect so highly been universally acknowledged. His opinions gifted by nature, and so developed and invig. indicate an enlightened and conscientious judg. orated by discipline and culture, is extinguished, ment. Masterly expositions of constitutional society, as well as friends, suffer a great loss. law have been given from time to time by the The Bench and the Bar are stricken with a real great Judges of this court; but none ever deliv- sorrow. ered here was more exhaustive in its learning, Our sad duties to-day forcibly remind us of or far-reaching in its results, than his dissenting the brevity of human life. All those who with opinion in the Dred Scott case. Chief Justice Judge Curtis occupied the seats now filled by Taney and his Associates, excepting CORTIS Your Honors are, with one exception, dead; but and McLean, labored with great ability to make they are not forgotten and will not be so long color a constitutional criterion of American cit. as in this supreme tribunal of justice questions izenship; but Justice Curtis, with a broader relating to the powers of government, the relaappreciation of the true principles of our gov- tions of States, and the rights of citizens are arernment, affirmed that the free native-born cit-gued and decided. No more, forever, will they izens of each State are citizens of the United be seen here; but their words of wisdom and States; and on account of the overwhelming authority remain. Grateful memories solemnly force with which he made the reason and juslinger around their recorded opinions. Our suc: tice of this declaration to appear, the contrary Icessors, and those who come after them, will, as we do now, ponder over their imperishable true to his clients and just to the courts, and thoughts with pleasure and profit. Humbly fol. that, as a judge, he was upright, learned and lowing their example and emulating their virt. practical. An able and useful lawyer, and an ues, we may hope that when our time comes to honest and honored Judge is dead. The court go from this earthly court to a higher judgment mourns his loss, and trusts that the time is far seat, we can look cheerfully into the Great Here distant when his professional and judicial life after, and like them, too, leave behind us "foot. I will not be looked upon as worthy of imitation prints in the sands of time.”
by lawyers and judges.' To which Mr. Chief Justice Waite made the The clerk will enter the resolutions of the following reply:
Bar, and the remarks of the Attorney General The Court unites most cordially with the Bar in presenting them, upon the records, and as a in honoring the memory of the late Judge CUR- tribute of respect to one who, while a member
I had not, myself, the pleasure of his per of this court, performed all his duties faithfully sonal acquaintance, but it needs no such ac. and well, we will now quaintance to know that, as a lawyer, he was Adjourn for the day. 10
GENERAL TABLE OF CASES REPORTED
IN THIS BOOK.
VOLUMES 86, 87, 88, 89.
.B. Adams o. Adams, 504 Barnard, Dillon v.
673 Adams Express Co., Vermilye v. 609 | Basey v. Gallagher,
452 Aicardi 0. Alabama, 215 Basse v. City of Brownsville,
420 Alabama, Aicardi v. 215 Beall, Stephen v.
786 Alexander, Little o. 625 Bean, Amsinck o.
801 Allison, Terrell o. 634 Bell, United States v.
339 Ambler o. Whipple, 403 Bell, Wilson v.
259 Am. Life Ins. Co. o. Mahone,
593 · Belle of the Sea,” The, v. Johnson, 362 Am. Tel. Co., Humaston o. • 279 Bernbisel o. Firman,
766 Amsinck o. Bean, 801 | Blair, Tilden v.
632 Androscoggin Mills, Evansville & C. R. Blossburgh & C. R. R. Co., Tioga R. R. R. Co. o.
331 Arwo, United States o. 67 Boecker, United States v.
472 Atchison o. Peterson,
414 Boise County, Comrs. of, o. Gorman, 148, 226 Atlantic Ins. Co.of N.O., Stockdale, Coll.v. 348 Boley o. Griswold,
375 Atlantic T. &0. R. R. Co. 0. Carolina Bondurant, Watson v.
509 Nat. Bk., 196 Brackett, Brown v.
622 Allee o. North Western Union Packet Co., 619 Brewer, Crews 0.
63 Avery o. Hackley, Exrx., 385 • Broderick's Will, Case of,”
599 Brown o. Brackett,
622 B. Brown, Admr., Gardner v.
527 Bailey, Coll. o. Clark, 651 Brown, City of Memphis v.
264 Bailey, Coll. 0. N.Y.C. & H. R. R. R. Co., 840 Brownsville, City of, Basse o.
420 Bailey, Coll. v. Work, 653 Bryant, Vangevar v.
476 Bailey v. Glover, 636 Bulkley v. United States,
62 Bailey o. Magwire, 850 Bullard, Gillette v.
387 Bailey, Pollard 0. 376 Burke o. Miltenberger,
158 Bailey, Wood o. 689 Burke, Exr., o. Child,
623 Baker, Cadle v. 418 Burton o. Driggs,
299 Balt. &0. R. R. Co. o. Maryland, 446, 678 Butler v. United States,
614 Balt. & O. R. R. Co., Maryland v. - 713 Butt o Ellett,
183 Balt. & P. R. R. Co. 0. Sixth Presb. Ch., 97 Bank, Carolina Nat., Atlantic T. & O. R.
448 Bank, Citizens of La. 0. United States, 327 “ Caldwell's Case,”
114 Bank, Com. Nat. of Cleveland, v. Iola City, 463 Caldwell, Southern Express Co. o.
656 Bank, Dollar Savgs., v. United States, 80 Caldwell v. United States,
114 Bank, First Nat. of Clarion, v. Jones. - 542 California Ins. Co., Oulton, Coll. o. 780 Bank, First Nat. of Decatur,o. Home Sav. Campbell, Morgan v.
796 ings Bk. of St. Louis, 560 Cannon v. New Orleans,
417 Bank, First Nat. of Selma, v. Colby, 687 Carolina Nat. Bk. v. Atlantic T. &0. R. Bank, First Nat. of Troy, 0. Cooper, 273
196 Bank, First Nat. of Wash., 0. Texas, 295 Carpenter v. Rannels,
77 Bank, Home Savings., First Nat. Bk. of Carson, Robertson v.
178 Decatur o.
560 Cary, Coll.v., German Savgs. & Loan Soc., 780 Bank, Mechanics' & Traders', v. Union Cary, Coll. o. San Francisco Sav. Union, 779 Bk. of La.,
871 Cary, Coll. v. Savgs. & Loan Society, - 780 Bank, Merch. of N. O., o. United States, 327 “ Case of Broderick's Will,”
599 Bank, Merch. Nat. of Chicago, Tappan, Cass County, Hunnewell v.
752 Coll. o.
189 Cedar Rapids & Mo. R. R. R. Co. o. Bank, Nat. Shoe & L., Hotchkiss v. 645 Courtright,
582 Bank, Union of La., Mechanics' & Trad- Chambers County v. Clews,
517 ers' Bk. o. 871 Child, Burke. Exr., v.
623 Bankhead. Williams o. 184 · Child, Trist v."
623 Baring o. Dabney,
90 Childress, Doe, Valliant's Lessee, v. 549 Baring, Merch. Mut. Ins. Co. o. 250 · Chiles, In re,"
E. Chiles, Texas o. 650 Elliott, Robinson v.
7758 Church Trustees, Balt. & P. R. R. Co. o. 97 Equitable Safety Ins. Co. v. Hearne,
398 Citizens' Bk. of La. o. U. S., 327 Erie Railway Co. o. Pennsylvania,
595 Citizens' Sav. & Loan Asso. of Cleveland Erie Railway Co., St. John, v.
743 0. Topeka.
455 Evansville & C. R. R. Co. o. Androscoggin "Claims of Marcuard et al.,
724 Clark, Bailey, Coll. v. 651 | Ex parte Robinson,
205 Clark o. Iowa City, 427 Er parte Sawyer,
617 Clark v. Iselin, 568 Ex parte United States,
690 Clarke, Exr., United States v. 320 Express Co., Adams, Vermilye v.
609 Clews, Chambers County v.
517 Express Co., Southern, v. Caldwell, 556 Clews, Lee Couniy v.
517 Eyser, Western Union Telegraph Co. v. 43 Clinkenbeard v. United States,
481 Falcon, The, The Mary H. Banks v. 98 Coit o. Robinson, 152 Fant, Pleasants v.
780 Colby, First Nat. Bk. of Selma v. 687 Farragut, United States, o.
879 Collector, The, Pahlman v." 342 Ferguson. Tucker v.
805 Colt, Franklin Fire Ins. Co. v. 423 Firman, Bernhisel o.
766 Com. Nat. Bk. of Cleveland v. Iola City, 463 First Nat. Bk. of Clarion v. Jones,
542 Comrs. of Boise County v. Gorman, 148, 226 First Nat. Bk. of Decatur v. Home Sav. “Confederate Note Case, The,”
560 “ Confiscation Cases, The,” 320 First Nat. Bk, of Selma v. Colby,
687 Connoyer v. Schaeffer, 837 First Nat. Bk. of Troy v. Cooper,
273 “ Conrad's Lots," 328 First Nat. Bk. of Wash. o. Texas,
295 Conrad v. United States, 328 Florida R. R. Co. v. Smith,
513 Conrad, United States v. 326 Fogarty, Great Western Ins. Co. v.
216 Cook, United States o, 210 Folger, Habich v.
307 Cooper o. Coates, 481 Fowle, City of Sacramento v.
592 Cooper, Cropley v.
685 Cooper, First Nat. Bk. of Troy o. 273 Fox, Exr., v. Seal et al., Trustees,
774 Cooper, Exr., 0. Omohundro, 47 Franklin County, Ritchie o.
825 Courtright, C. R. & Mo. Riv. R. R. Co. v. 582 Franklin Fire Ins. Co. v. Colt,
423 Craven, United States v.
339 Fraser v. The Wenona, Creighton v. Kerr, 309 French v. Edwards,
534 Crews v. Brewer, 63 French v. Hay,
799 Cropley v. Cooper, 109 "French, Trustee, v. Hay et al.,
854 Crump, Gavinzel v.
857 Cullen, United States v.
854 Culver, Town of Queensbury v.
769 Curators of University of Mo., Head v. 160 Fritton, Mays v.
389 Fugitt, United States v.
G. Dabney, Baring v.
90 Daily, Holladay o. 187 Gallagher, Basey o.
452 Dautel, Nunez v. 161 Gardner v. Brown, Admr.,
527 Day, Putnam o. 764 Gardner, Fox o.
685 Decatur Bank o. St. Louis Bank," 560 Garrison o. City of New York,
612 Dillin, Hamilton v.
528 Gaslight, etc., Co., Logansport, Knowles v. 70 Dillon v. Barnard, 673 Gaussen, Exrx., United States v.
41 Doane v. Glenn, 476 Gaussen Exrx. 0. United States,
863 Doe v. Childress, 549 Gavinzel 0. Crump,
783 Dollar Savgs. Bk. o. U. S., 80 Gay, Morgan v.
100 Donnelly, United States v.
339 Germania Ins. Co. v. The Lady Pike, 499 Douglass v. Douglass, Admr.,
479 German Savgs. & Loan Soc., Cary, Coll, v. 780 Driggs, Burton v. 299 Gill, United States v.
421 Dubuque & S. C. R. R. Co. v. Richmond, 173 Gill v. Wells, Admrx.,
699 Dunn, Admrx., Home L. Ins. Co. of Gillette o. Bullard,
387 Brooklyn v. 68 Glenn, Doane d.
476 Dupasseur v. Rochereau, 588 Glover, Bailey o.
636 Durkin, United States v.
339 Gorman, Comrs. of Boise County o. 148, 226 E.
Grandin, Admrx., v. United States, 858
Great Westera Ins. Co. 0. Fogarty, 216 Easton, Mackay v.
211 Greeley, Simpson v. Economical Mut. L. Ins. Co., Jeffries, Griswold, Boley o.
375 Admr., o. 833 Grosholz v. Newman,
471 Edwards v. Elliott, 487 Gunton, Zantzinger v.
96 Edwards, French v.
H. Eldred o. Sexton,
146 Elgee Cotton Cases, The,”. 863 Habich v. Folger,
307 Ellett, Butt v. 183 Hackley, Exrx., A very v.
385 Elliott, Edwards v. 487 | Hailes, Admr., v. Van Wormer,
H. Hall o. Jordan, Hamilton o. Dillin, Hampton o. Rouse, Hanes, Langdeau ». Hannan, United States o. Happersett, Minor o. Harbin, Hardy o. Hardy v. Harbin, Harriman, Schow v. Harriman, Schulenberg v. Hatch, United States v. Hay, French o. "Hay et al., French, Trustee, v." Hay, Admr., French v. Haycraft o. United States, Ilead o. University of Missouri, Hearne, Equitable Safety Ins. Co. o. Hearne 0. New England Mut. Mar. lns.
Co., Heartt, Rodd, Admrx., o. Heine v. Levee Comrs., Helm, Rogers Locomotive & Machine
Works 0. Herron, United States v. Higley, Perris 0. Hi, Admr., v. Mendenhall, Hodges 0. Vaughan, Hoffman, United States o. Holladay o. Daily, Home Ins. Co. of N. Y. v. Morse, Home Ins. Co. o. United States, Home L. Ins. Co. of Brooklyn v. Dunn,
J. .47 Jackson v. Ludeling,
492 528 Jeffries, Admr., ö Economical Mut. L. 755 Ins. Co.,
833 606 Jemison, Treat o.
449 339 Jennison v. Leonard, Exr.,
539 627 Jerome o. McCarter,
515 378 Johnson, The Belle of the Sea v.
362 378 Johnson, Parcels v.
410 556 Jonas, United States v.
177 551 Jones, First Nat. Bk. of Clarion v.
542 326 Jones, Ross, Admr.,
730 799 Jordan, Hall v. 854 857
K. 738 | Kebr v. Smith,
313 160 Kelly. Scott o:
729 398 Kenner v. United States,
325 Kerr, Creighton v.
309 395 Kieley v. Mc Glynn,
599 654 Kitchen v. Rayburn,
64 223 Klein v. Russell,
116 Knapp o. Troy & B. R. R. Co.,
328 562 Knowles v. Lögansport Gaslight & Coke 275 Co.,
70 383 616
L. 46 339
"Lady Pike," Germania Ins. Co., v. 499 187 Langdeau v. Hanes,
606 365 Lapsley, McPhaul v.
344 816 Lavender, Yonley v.
536 Lee County v. Clews,
517 68 Leonard, Exr., Jennison o.
539 Levee Com’rs, Heine v.
223 560 Lewis, Sloan v.
832 645 Lindsey, Nashville v.
180 838 Little 0. Alexander,
625 410 Littlefield o. Perry, Exr.,
577 279 "Loan Association v. Topeka,"
455 752 Locomotive & Machine Works, Rogers, o. Helm,
562 Logansport Gaslight, etc. Co., Knowles o.
70 Lomme, Sweeney v.
727 202 Longstreth o. Pennock, Exr.,
451 819 “Lottawanna, The,”
259, 654 593 "Lucille, The,” v. Respass,
64 Ludeling, Jackson o.
492 348 Lyon v. Pollard,
M. 833 McCarter, Jerome o.
515 398 McCarthy v. Mann,
49 423 McClellan v. United States,
534 499 McGlynn, Kieley v.
599 216 Mackay v. Easton,
211 816 McPhaul v. Lapsley,
344 McQuiddy v. Ware,
811 68 McShane, Treas. v. Union Pacific R. R. 365 Co.,
747 McStea, Matthews v.
448 485 Maguire. North Missouri R. R. Co. o. 287 250 Maguire, Pacific R. R. Co. o.
282 793 Magwire Bailey v.
850 395 Mahone, American Life Ins. Co. 0.
593 Mann, McCarthy 0.
49 611 * Marcuard et al., Claims of,”
327 155 Marcuard v. United States,
327 816 Marsh v. Whitmore,
482 463 Mary H. Banks, The, o. “The Falcon,”. 98 427 Maryland, Balt. &0. R. R. Co. v. 446, 678 516 Maryland v. Balt. & O. R. R. Co.,
713 568 Matthews v. McStea,
Innerarity's Heirs, United States v.
Admr. o. Ins. Co., Equitable Safety, o, Hearne, Ins. Co. Franklin Fire v. Colt. Ins. Co., Germania, 0. The Lady Pike, Ins. Co., Great Western, v. Fogarty, Ins. Co., Home, United States v. Ins. Co., Home L. of Brooklyn, v. Dunn,
Admrx., Ins. Co., Home of N. Y. 0. Morse, Ins. Co., Home of N. Y., The Mollie
Mohler 0. Ins. Co., Merch, Mut., 0. Baring, Ins. Co., Mut. Ben. L. 0. Newton, Ins. Co., New Eng. Mut. Mar., Hearne o. Ins. Co., Springfield F. & M. of Mass., 0.
Sea, Ins. Co., Travelers', o. Seaver, Ins. & T. Co., Southern, United States v. Iola City, Com. Nat. Bk. of Cleveland v. Iowa City, Clark o. lowa R. R. Contracting Co., Ochiltree v. Iselin 0. Clark,