Page:The Green Bag (1889–1914), Volume 04.pdf/466

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The Supreme Court of Arkansas. He strongly opposed secession, but when it was decreed, accepted it as an accom plished fact. The war destroyed the remain der of his once handsome estate, and after its termination he returned to the practice, editing also the " Washington Telegraph," — a paper which he had conducted through out the war. In 1874 he was elected State

Chancellor, — a place which he retained un til his election to the supreme bench in 1878. He died on Sept. 3, 1885, while still in office. In person he was of middle height, and of handsome and agreeable features. In youth he was something of a dandy, but in later years became very careless of his dress. During the war and the dark years which suc ceeded, he fell into the habit of drinking to excess; but upon his election to the bench he entirely re formed. He was of a most kind and genial disposition, fond of the MONTI H. society of his friends and of cultivated la dies, and with an unbounded charity for the weaknesses of others. His kindness of heart was one of his greatest faults as a judge. He could not conceive that any one, espe cially any one that he had ever known, could be so wicked as to commit an inten tional fraud; and under his administration that important branch of equity jurispru dence fell into abeyance. As a Christian philosopher he has never had a superior. Much came to sadden his old age. From wealth he was reduced to poverty. Many domestic misfortunes came

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upon him; and at length the wife of his youth, the mother of his children, — a no ble woman, who had sustained him in adver sity and rejoiced with him in the hours of happiness, — was taken away. He survived her only a few months; but he never mur mured, he was never soured. He wrapped his old weather-stained cloak about him with a quiet, gentle resignation that seemed to say, "The Lord gave, and the Lord hath taken away; blessed be the name of the Lord," and went about the dis charge of his du ties, never saying a harsh word to any man, never entertain ing an uncharitable thought. As a judge he was reactionary. His fa vorite author was Scott, his favorite pe riod of study the Mid dle Ages. He thought that in the old com mon law there were great virtues, and a casein the Year-Books was for him a higher authority than one SANDELS. in Wallace or Otto. His peculiar affection was for equity. A fluent and agreeable writer, he delighted to get hold of huge chancery transcripts, and to discourse at length of the general principles of equity jurisprudence. He rarely cited an author ity, saying that they looked like cockleburs in an opinion. The value of his services in chancery cases was much impaired by his amiable incapacity to believe in fraud, which resulted sometimes in the escape of guilty administrators, guardians, and other trustees. The year 1882 was rendered notable in