Page:The Green Bag (1889–1914), Volume 05.pdf/203

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178
The Green Bag.

to Washington before the commencement of hostilities in the vain hope of avert ing the impending war. After the sus pension of the court, he sought his home, where he spent the remainder of his life in contented retirement. He died Oct. 9, 1875. The last public service that he ren dered was as commissioner in the various suits brought by the State after the close of

the war to enforce its lien on the railways, to which State bonds had been issued under the internal improve ment acts. There were associated with him on this commis sion Francis B. Fogg, Esq., and Judge Arch ibald Wright. The opinions of Judge McKinney are clear in style and usually short. He clung tenaciously to the common law, and opposed all innova tions upon it. He thought it indeed the perfection of reason, and looked upon equi table principles as uncertain and shifting ROBERT L. rules for determining rights. He understood the common law as have but few men in America, and his opinions give some of the ablest expositions of its principles as applied in the courts of this country. It is impos sible to find any more satisfactory. He was particularly attached to the system of common-law pleading, and he could never countenance slovenly pleadings. These char acteristics, added to a stern, dignified manner, won for him the soubriquet of " Old Strictissirnus." Judge Green was succeeded by the second native Tennessean to reach the Supreme

Bench, Robert L. Caruthers, who was ap pointed by Governor Campbell on the resig nation of Judge Green, in 1853. Judge Caruthers was born in Smith County, Tennessee, in the year 1800. His mother died when he was two years old, and when he was ten his father was stricken with paralysis that rendered him a helpless invalid. The lad was left to struggle for himself. He hired to his neighbors as a field hand. When sixteen years old, he secured a position as clerk in a store in the town of Carthage. He won the confidence of his employer, and was made a partner, tak ing charge of a branch establishment in the town of Woodbury. He longed for an ed ucation, and by means of the profits of his mercantile venture, he entered Greeneville College, where were also educated Judge Reese and Judge McKinney. Having completed the course, he became a studentat-law in the office of CARUTHERS. Judge Samuel Powell. He was licensed to practice on April 8, 1823. In September of that year he was elected clerk of the House of Representatives of the General Assembly of Tennessee. After the end of his duties in that position, he began the practice of law in his native county. In 1827 he was elected by the Legislature Attorney-General for his circuit, and served until 1832, when he re signed. In 1835 he was the member from Wilson County of the House of Representa tives of the General Assembly. The work of this assembly was of great importance, as it was the first after the adoption of the new