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COMPLETE EDITION,
WITH HEAD LINES, HEAD NOTES, STATEMENTS OF CASES,
POINTS AND AUTHORITIES OF COUNSEL, FOOT

NOTES AND PARALLEL REFERENCES,

BY

STEPHEN K. WILLIAMS,

Counselor at Law.

BOOK XXVI.

THE LAWYERS' CO-OPERATIVE PUBLISHING COMPANY,
NEWARK, WAYNE COUNTY, NEW YORK.

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Entered according to Act of Congress, in the year eighteen hundred and eighty-five, by

THE LAWYERS' CO-OPERATIVE PUBLISHING CO.,
In the Office of the Librarian of Congress, Washington, D. C.

E. R. ANDREWS, Printer, Rochester, N. Y.

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ALLOTMENTS, ETC., OF THE

JUSTICES OF THE SUPREME COURT OF THE UNITED STATES,

AS THEY STOOD DURING THE TERMS OF 1879, 1880-1, TOGETHER WITH THE DATES OF THEIR

COMMISSIONS AND TERMS OF SERVICE, RESPECTIVELY,

NAMES OF JUSTICES, AND BY WHOM AP-
WHENCE APPOINTED.

POINTED.

CIRCUITS, 1880-1881.

COMMIS- | SWORN TERMINA-
SIONED.

IN.

TION.

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Died
1858. 1858. 1881.
FIRST. * (Jan. 12.) (Jan. 21.)!(July 25.)
ME., N. H. Mass.,
RHODE ISLAND. 1881. 1882.
(Dec. 20.) (Jan. 9.)

Resigned.
1872. 1873. 1882.
SECOND. (Dec. 11.) (Jan. 9.) (Feb. 1.)
VERMONT, CONN.,
NEW YORK. 1882. 1882.

Mar. 22 (April 3.)
THIRD.

Resigned.
NEW JERSEY, 1870. 1870. 1880.
PENN., DEL.

(Feb. 18.) (Mar. 14.)(Dec. 14.)

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STEPHEN J. FIELD,

President
LINCOLN.

NINTH.
CALIFORNIA, ORE- 1863. 1863.

GON, NEVADA. (Mar. 10.) (Dec. 7.)

California.

*From May 2, 1881 to Jan. 30, 1382 Mr. Justice HARLAN stood also allotted to the First Circuit. +From Jan. 30, 1882 to Apr. 3, 1882 Mr. Justice FIELD stood also allotted to the Second Circuit.

MEMORANDA FROM THE RECORDS.

MONDAY, December 20th, 1880.—Retirement grave inquiries MR. JUSTICE STRONG ably bore of Mr. Justice Strong.

his full share; and it will be recalled that,

among many other important cases, he was inMr. Attorney-General Devens addressed the trusted by this Court with stating the reasons court as follows:

for its judgments in the “Legal-Tender Cases” May it please your Honors: It was with in 1872, the " Confiscation Cases” in 1875, those much emotion that the members of the Bar involving the removal of criminal causes from learned, at the close of the session of this Court the State to the United States courts, and those a week since, that they had seen for the last involving the rigbts of colored men to be jurors. time the gracious presence of Mr. Justice Whatever they may lose by the retirement of Strong among his associates.

Mr. Justice Strong, the members of the Bar That he should have determined to retire are sensible that those upon the Bench, with while yet in the fullness of his great powers, whom he was associated, must lose much more. and with "bis natural force unabated,” was a He will carry into his dignified retirement the resolution formed, as they well knew, in the affectionate respect of all who have known him. same careful and conscientious spirit which has All that “should accompany old age, as honor, distinguished his whole career.

love, obedience, troops of friends,” will be his, The propriety of such a decision they are not and the evening of an upright life which has entitled to question, although they would have been full of kindness and courtesy to all men, willingly had it postponed, that there might be and of great and honorable labor in the service postponed also the separation which it compels. of the country, cannot, they trust, fail to be se

They desire, in parting from him, to express rene and happy. simply and unaffectedly

their deep sense of the The Bar of this court have requested me to large and varied learning, the wide experience, present the resolutions I am about to read and the strong intellectual force, the rigid impar- to make on their behalf, the motion with which tiality, of which those whose interests have been they conclude. discussed here have had the full benefit, and of the unfailing courtesy and patience with which

RESOLUTIONS. they have been listened to in representing those Resolved, That the members of the Bar of the interests. No judicial tribunal historically Supreme Court have learned with deep regret known to us has ever had imposed upon it la- of the voluntary retirement of Mr. Justice bors as grave as those imposed upon the Su- Strong, while in the full maturity of his great preme Court by the Constitution of the United powers, from the labors and duties of the Bench. States While, in order that it may decide, a Resolved, That in this termination of the question must be submitted in the form of a agreeable and important relation he has suscase at law or in equity, its highest duty is not tained towards them they desire to express their alone that of deciding cases between party and cordial recognition of the profound learning, party.

ripe wisdom, sincere anxiety to do justice, and Its heaviest responsibility results from the absolute independence which have characterfact that it is one of the three distinct branches ized this distinguished magistrate during his juto which the Constitution has distributed all the dicial career, as well as their grateful recollecpowers of a complete government, and that it tion of the kindly courtesy which he has conis charged with the duty of defining not only stantly exhibited, and their sincere wishes for its own powers, but of restraining the other his continued health and happiness. branches within their appropriate limits. Of Resolved, That the Attorney-General be rethe wide beneficial and permanent influence quested to present these resolutions to the Court, which it has exerted I shall not attempt to speak. and ask that they may be entered on the minThe subject is too large, were I competent to utes, and that they may be communicated by it to deal with it. It is proper to observe, however, Mr. Justice Strong.

Adopted. that Mr. Justice Strong came upon the Bench at a most interesting period in its history. Our Mr. Chief Justice Waite replied as follows: great civil strife was over. It had left behind, We are glad to receive from the Bar this examong its legacies, legislation which, even if pression of their regard for Judge Strong. It prompted by patriotic motives, was still de- is but simple justice to say that, during the ten bated, and perhaps debatable, and the consti- years and more he held a seat on this Bench, tutional amendments intended to embody and to he never for a moment forgot what was due to preserve the principles settled by it. It was a the place he so ably filled. His judgments were time to examine carefully compass and chart, always the result of his honest convictions of to determine whether we had been anywhere what was right, and we who have known him driven from our true course, and to ascertain in the intimacy of long personal and official inalso the direction and boundaries of the new tercourse shall ever bear witness to his purity course upon which we had entered. In these of character as a man and eminent abilities as a

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