During the rebellion probably no one mind could have suc cessfully met all the requirements of public duty which the exigency presented, as the country had a war to wage, a Union to preserve, and a Constitution and government of laws to uphold and maintain, for which purpose a conservative judgment in the judiciary was wellnigh as essential as the courage of the soldier, or the wisdom of the executive, or the patriotism and forecast of Congress. Heavy responsibilities rested upon all, and it was fortunate that the Supreme Court, throughout a large portion of that period, enjoyed the benefit of the wisdom and forecast of the late Chief Justice.

Defects he doubtless had, but he had a calm, composed mind, in whose placid depths the bewildering events of the national conflict were wisely and clearly reflected, and in most cases correctly exhibited to the otherwise perplexed comprehension of many other persons. Clearness, repose, and depth characterized his intellect. Few men were better able to analyze the events of that period as they occurred, and to foresee with more unerring accuracy their effect upon the future welfare of the country when the conflict should end; and it is to these rare, great attributes of mind that the inquirer must turn if he would understand how it was that he was able to discharge with such success the duties of Chief Justice after years of such diverse employment and without much opportunity of preparation, except what he acquired in those employments and in his early practice. Revered and conspicuous names had previously filled that station, but it may be said, without fear of contradiction, that our departed associate was a fit successor of Marshall and Taney.

Summoned, as he was, to the station of Chief Justice of this court from a life largely spent in the executive, legislative, and administrative departments of the public service, surprise may well be felt at his great success as a judge, especially in view of the events which transpired within the period he held the office, and of the great importance and exceptional character of the judicial duty he had to perform. Numerous cases presented for decision within that period involved questions of prize and the exposition of the law of nations or the application of the laws of war, and many others have respect to the rights, obligations, unties, and privileges of citizens, and it is for that reason as well as others that they will ever be regarded as of great value to the public as well as to the legal profession.

But it would be a great error to suppose that the Chief Justice entered upon his high office with partial qualifications for its important duties. On the contrary he brought to the office a profound and comprehensive mind, familiarized with almost every variety of public duty, and matured, strengthened, and developed by a long and most instructive experience. He was deeply versed in the great principles of jurisprudence, and upon his accession to the bench bent all the energies of his powerful mind to a mastery of the peculiarities and history of Federal judicial decision. His faculties were eminently adapted to the comprehension of legal science, and so readily did he solve controverted questions of private right that the principles of law and equity seemed almost inherent in his nature.

Appointed, as it were, by common consent, he seated himself easily and naturally in the chair of justice and gracefully answered every demand upon the station, whether it bad respect to the dignity of the office or to the elevation of the individual character of the incumbent, or to his firmness, purity, or vigor of mind. From the first moment he drew the judicial robes around him he viewed all questions submitted to him as a judge in the calm atmosphere of the bench, and with the deliberate consideration of one who feels that he is determining issues for the remote and unknown future of a great people.

Throughout his judicial career he always maintained that dignity of carriage and that calm, noble, and unostentatious presence that uniformly characterized his manners and deportment in the social circle, and in his intercourse with his brethren his suggestions were always couched in friendly terms, and were never marred by severity or harshness. Even when discase had shattered his physical strength and written its effect in deep and haggard lines upon his countenance, it was unable to rob him of his accustomed air of grandeur, which was merely the outward expression of an elevated and noble nature. Discase, however, overpowered his strength and he has closed his life, rich in honor and highly rewarded by the affection and respect of his countrymen. He died with the armor of duty on, wearing the honors of a great and conscientious magistrate.

Since death was inevitable, the highest affection could scarcely desire a more fitting departure from the scenes of earth, as he had rounded an arduous and useful life with a period of eight years of most delicate and important service as Chief Justico of the Supreme Court of the nation, having accomplished a long,

consistent, and successful public career, and closed it with the honorable exercise of the highest attributes of the human judg

ment.

Difficulties at all times attend the responsibilities of the Chief Justice of this court, but it should be remembered that the subject of these remarks was called to that clevated station during the most stormy and angry period of our national history, and it is praise enough to be able to say that he met all those exigencies with a calm and conscientious sense of duty, and such, in my judgment, will be the verdict which the present generation will transmit to posterity; to which, permit me to add, that the justices of this court have lost a revered companion and the public a great magistrate and an upright public servant. Our loss is great, but the loss of his children and grandchildren is much greater, and to them we tender our sincere sympathies. The court cordially concurs in the resolutions of the bar as presented by the Attorney-General, and direct that the resolutions, together with the proceedings of the bar and the remarks of the Attorney-General and of the court, be entered in the minutes; and the court, from respect to the memory of the deceased, stands

ADJOURNED UNTIL TO-MORROW AT TWELVE O'CLOCK.

DEATH OF MR. JUSTICE NELSON.

THE Honorable SAMUEL NELSON, late an Associato Justice of this court, who, on account of advanced age, retired from this bench on the 1st of December, 1872, departed this life at his residence in Cooperstown, New York, December the 14th, 1873, in the 82d year of his age. Upon receiving intelligence of his death, on the following day, this court, in consideration of his long association with it, and of his eminent public services, adjourned without transacting the ordinary public business.

GENERAL RULE.

AMENDMENT TO ORDER IN REFERENCE TO APPEALS FROM THE COURT OF CLAIMS.-RULE No. 1.

Strike out the whole of clause 2 of the rule, and insert in lieu thereof the following:

2. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said acts, on which the court founds its judgment or decree. The finding of acts and conclusions of law to be certified to this court as a part of the record.

[Promulgated October 27th, 1873.]

VOL. XVII.

B

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