'- 10gan lS~wtn :l31echle~ Memorial tn ~roceeotngs tbe Supreme ~ourt of ."f.",t"o',0,o."'ii.'.",...",..,,,.,.,,".1,',,",","..\,"a"'"'."","\,i",\,i,.'."""".',n,'""'"i"",."n",'i,.",a. '.,.."'.""e"" "'"",s""'"t"."".-"a"'."'"'"""."n".,,""d,,,g,"",i,,,',..h.'""""","Op'"'"ad o j;bO\llo. tl),RC c t e\1\erg \lc,e , ,'1' of Georg'l), ",b rllij;Cj; \lV o l,er -p,lecRleJ. t grel\ \1\ell {or grel\ l'iRb-~11b-~ 01' 3tl1)01'. JoJ',l> 00 ort to n,e reV ]\1)1)llJ',SS o.S iu 113.U1.t,ol1 on, n,e J\lst l\ few ",or 1.utin'l1telJ "" " .'"'' '0 ~o",tb"' o~ "'. coo"'- " ....\\1 .." . 1 .", ",,, lin" "" ..It. . "'" c""g'" . ",. sn.""" "", I'" . \1,,\,,,0<1-p,0le\eRle:y ",I),S ,n legl\l l1o."ersl\rJ, ,11 .gocSo'''' ",," '"e r (\I),teo. cl\se l1 """ ,,'b'" " J,g' ,.". -' ","o"",,,a"" . "'. 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""" J,,,",",., ,,,,,,0,.'i,0",0tl> 0' "1),'> """,b,I,"ng",0t'"h "" n,e\1\ ".,.nni"l""" ."", ,itr 001 ""~" '0""', '\",;"; ""'" .""",",." ,aa, ''n."' ,,"., 'a" ",,,,.ti'"" 0 i ,,0>''" , , to """ a .i. .il bi, not ce the "eil. o.ie 'oJ ' 0 0. 10"'" to \l\er.,.."""i",a, ,g" """" bJ "" nl),t.\eUo,"Ut'o ,,"0"" C10("\"ih."llg,"sl,1"'" ,\ilM'" i'" " t:hro\lgl, 1\ 0lli1\(1 to ",1),1.t , ,\1\\ 01 " still ill tbil> V 0 l1e Vll\S \l11"" "'.o.'\J bOllo.S, wb' e , It'\" li\1\iteo. bJ el),' Q 0 this pathetic drift between the eternities, like a dreamer enthralled by sleep who struggles with all his might to move an arm or raise an eyelid, his great soul labored to know the unknown. He could only sn.y, "I know I do not know." May we not hope that in the full liberty of a disembodied soul he now sees face to face and knows even as he is also known? ADDRESS BY MR. FRANK H. MILLER. There is so much to be said of this wonderful man that, as a member of the Committee, I shall confine myself mainly to my personal recollec- tions. Mustered out of active service, I was employed as Assistant to the Con- federate States District Attorney, and as my duty frequently called me to the Supreme Court, there, in 1864, I met the new Reporter, Mr. Bleck- ley, who aided me greatly with advice and assistance. It was a case of "love at first sight," which grew through years into profound admira- tion, regard, and respect. After he resigned his position as Reporter, in 1867, I failed to see much of him until he was appointed Associate Jus- tice of the Supreme Court in 1875. It was then that his profound learn- ing, patient industry, and untiring perseverance became well known to me, and was noised abroad. . In those days I generally spent the summer months with my family on the coast of Maine. There I met many of the most distinguished Canadian judges and barristers, from Montreal and elsewhere, and in conversation with them learned how greatly he was admired. Each and all expressed to me their admiration of his learning, his originality, his genius, his conciseness, and with all his tenderness. Later, when in response to the universal demand he returned to the bench, he added to all his other qualities a paternal manner and solici- tude as to the personnel of the bar, and was lovingly called by the younger attorneys "the old Chief." He would sit and discuss with us things that were the subject-matter of interest at the time. As an instance I recall his views as to aerial navigation, then under consideration by the Army and Navy authorities, as to what form protection ~hould assume against such attacks, then prominent from the publication of a book known as "Cresar's Column," undertaking to predict as to warfare in the future from and in the clouds. I was much impressed by what he said, and never have forgotten it. It was substantially to the effect that so long as man was unable to navigate the air at will he could and would be controlled, and there would be law and order on the face of the earth; but if ever he was successful in navigating the air, go whither he would, with vessels of sufficient tonnage to carry war supplies, he could not and would not be controlled, and the world would become pandemonium. Nothing is more often referred to in the books than JUdge Bleckley's famous apothegm, "There are many cardinal virtues, but justice is the pontifical virtue." This he lived up to in all his relations in life, as a man, and in his judicial administration, day by day. As evidence of his conscientious discharge of his duty, I recall one. occasion when attending the Supreme Court that I found him stretched upon a cot, beside the bench, in the court-room. On this cot he had laid for days, a sufferer 9 from acute sciatica, but still hearing the causes as they were argued. r happened to have with me the remedy of a famous physician, which I promptly tendered, and which aided materially in relieving him, and enabling him to resume his seat on the bench. Judge Bleckley never knew how to spare himself. The constant application, careful preparation, close attention which he gave, simply exhausted his nervous energy; and after twelve years' service he was forced unwillingly to leave the bench and retire for rest to the mountainous climate of Rabun and Habersham counties. I had the honor once to have the Judge as a client. I had been of counsel in the administration of the estate of his wife's father. Financial misfortune had come to one of Mrs. Bleckley's investments of mill stock, which she had inherited, and, with the Judge, I sought to save it. It was about the success which finally attended, and was about to be realized, that I received his last message. I never knew what a tender spot was in his heart for me and others, until I was shown a letter he had written to Major Cumming, after he had retired from the bench, in which he said: "Allow me to mention what I often deplore, the restriction of my intercourse with many whom I most esteem and admire. Three such men besides yourself belong to Augustaindeed four such: Miller, Fleming, Black, and Lamar. One of my standing regrets is that I must leave the world without seeing of these a tithe as much as would be pleasant and profitable to me. I pity myself for being excluded most of the time from such company, but solitude has a beneficence of its own, and I am highly blest in many respects; so, on the whole, I am reasonably content." As a philosopher and seeker after truth he was unequaled. In his death we must bow to the inevitable, thankful to Providence for having been permitted to live in his generation. Of him we can say, just as he did of Judge Benning: "In peace it was his lot to die; In peace, 0 may his ashes lie! And sweetest peace, while ages roll, Attend his noble, manly soull" ADDRESS BY MR. Z. D. HARRISON. May it please your Honors,-Such an opportunity to pay tribute to the memory of Judge Bleckley should not be lost by one who truly loved him, and for whom he so often mallifested kindliest regard. All that has been said in the report of your committee has been so well said that I dare not venture to speak of the characteristics there described. But no mention of the religious side of the life of Judge Bleckley is made in that report, nor in either of the addresses to which we have listened, except in the brief reference made by Judge Branham. To my mind it is impossible for such a lover of truth and justice as is pOl" trayed in the report and in those addresses to be irreligious. Judge Bleckley loved nature, and he believed in nature's God. He praised the works of the Lord and worshipped him. How truly he praised and worshipped could be known only by those who had opportunity, such as I once had, 10 to witness his rapture and delight as he stood on the cliff of a high mountain, viewing the works of the Lord, while his great spirit seemed to commune with his God, and to strive, in the language of your committee's report, to "apprehend and taste him." Judge Bleckley's religion was not superstition, it was faith. Hear it declared in his own words: FAITH. Cast out into space For life and for death; No ultimate base, No bottom beneath, No limit or bound Above or around, No wall at the side Or roof overhead, No cover to hide Me, living or dead, No refuge for thought or for sense: Yet I will not despair As I drift through the air, Afloat in the boundless immense; In the depth of the night Cometh faith without light, Cometh faith without sight, And I trust the great Sovereign unknown; No finite or definite throne, But the infinite, nameless, unthinkable One. ADDRESS BY COL. 1. E. SHUMATE. May it please the Court,-For more than a quarter of a century, my relations with the distinguished Judge whose character we commemorate were delightfully cordial-may I not say, mutually affectionate? I esteem it a privilege to add a few paragraphs commemorative of my distinguished friend. A number of years ago I read a description of the "Legal Mind," which impressed itself so indelibly upon my memory that I can recall it substantially, in part at least: It is more than a reservoir in which to store fragments of so-called legal lore; it is something more than an index of cases; something more than a filing case in which to pigeon-hole court records; something more than a digest of the decisions of the Supreme Court of a particular jurisdiction. A man may be familiar with the statutes; familiar with the best forms of pleading; familiar with precedents, and yet know but little law. Law is not always the latest dictum of a court of last resort; an able lawyer may sometimes prevail upon the highest tribunal to change its decision, or upon mature deliberation the court itself may reverse or modify its decision. Law is the principle which must prevail, if justice is to prevail. He is a great lawyer who, in the light of great learning bearing directly or incidentally upon a matter at issue, clearly perceives the principle which controls it, and luminously presents and logically applies that principle. Tested by this definition, or 11 description of the "Legal Mind," it can not be doubted that Judge BIeckley's was a legal mind of high order. A study of his discussion upon the law in his Revised Thoughts, read before the Georgia Bar Association at its meeting in 1905, will disclose a close resemblance between his conception of the law and the lawyer, and that embodied in the description I have attempted to give. When a young man I was concerned in a complicated case involving various difficulties, then pending in this court. In the division of labor among the members of the court, then but three, that case fell to Judge BIeckley. He did not hand down his decision during the term at which the case was argued, but held it over until the following term. During the vacation I chanced to meet him and ventured to ask, "Have you reached a decision of that case?" calling it by its title. He went into a statement of the difficulties involved, and said that he had devoted considerable time to thinking upon the case, but had failed to reach a satisfactory conclusion; that he had laid it aside and dismissed it from his mind for the present; but after a while he would take it up from a new point of departure and see if he could not discover the justice of the case. This is illustrative of his judicial method with difficult cases. Not every legal mind is a judicial mind. \Ve have all seen successful and even brilliant lawyers who were comparative failures when promoted to the bench; and we have seen lawyers of moderate ability and limited learning make creditable records as judges. Judge BIeckley was an eminent judge as well as a great lawyer. I do not err when I say that his was a legal mind of high order cast in a judicial mold. It would be incorrect to say that important principles of law are always discovered and molded i~ the heat of discussion at the bar; and that the bench merely selects between conflicting theories and frames the theory selected in judicial form and phrase. Many recondite and controlling principles have been discovered and wrought out by the judges, often by a single judge, with but little reference to the contentions of opposing counsel. Judge BIeckley delighted to build upon bedrock. His equipment for an ideal judge and lawyer was admirable. Richly endowed by nature, his powers were thoroughly disciplined. It would be exaggeration to say that his knowledge was encyclopredic; yet his learning, legal and general, took a wide range and was remarkably accurate. There was scarcely a suggestion of eloquence in his spoken style; yet his clear, terse English, his analytical and incisive methods, and his faculty for apt and forceful illustration gave to his written page a striking individuality of style, which is distinctly impressed upon every page of his writings, whether in law-books or in literary productions. Added to this was a commanding character, integrity absolutely inflexible, a well-tempered judicial temperament, and a most agreeable and winsome personality-personal magnetism, if you please, which attracted to him scores of choice friends from every walk of life. These he "grappled unto his soul with hooks of steel." Judge BIeckley said of his own mind, "that it produced its products in fragments, and that in order to connect them and give them unity of substance, he had to consider and reConsider, revise and re-revise them." May not this mental habit (if not necessity) explain in large degree his 12 great fondness for retiring from the thronged thoroughfares and bustling life of the city to the quiet and romantic scenes of his mountain home? Was not this a favorite resort for the evolution of some principle, or the development of some theory, by which to solve more satisfactorily grave questions of law, or of religion, or of statesmanship, or of science, held in his mind for solution? Not long since, in conversation with a clergyman, I read to him this from the JUdge: "Religion, as I understand it, and that religion you can rest on and be safe in standing by to the last, may be defined as the essential relation between man and his Creator." Said I, "The Judge had faith in the source of his being; and sought to be in right relation with that source." This, too, I read: "If you have faith that whatever is is right, and can be depended on to take you out of the world, as wcll as to bring you into it, your hope may be equally broad with your faith." And this also: "And I trust the great Sovereign unknown; No finite, or definite throne, But the Infinite, nameless, unthinkable One." I asked: "What do you think of that?" My friend answered: "Too indefinite-too intangible-lacks some essential elements of faith." I replied: "In what does his conception of Deity differ from this, which I have heard learned theologians use in their invocations? "0 Thou eternal One, whose presence bright, All space doth occupy, all motion guide. *** "Whom none can comprehend, none explore, Who fill'st existence with thyself alone, Embracing all, supporting, ruling o'er, Being whom we call God and know no more." His simple (shall I say sublime?) faith challenges the respect of thoughtful minds of whatever creed or church. I venture to ask, was any faith, different from this in kind, possible to a mind so keenly analytical, so severely logical, and as sincere as sunlight? A remarkable incident occurred during the argument of the Dartmouth College case in the United States Supreme Court. Mr. Webster, in speaking of his Alma Mater, threw such emotional energy into a few sentences as to visibly affect the learned Chief Justice Marshall. In the July number of MUll.sey's Magazine, a writer says of this incident: "Never before and never since has the spectacle been seen of a great and stern Chief Justice of the United States bending forward with tears welling to his eyes, while he listened to a legal discussion." Often have we seen the tears welling to Judge Bleckley's eyes-another illustrious example of a great intellect and a great, tender heart harmoniously blended. in the same great personality. These two strong men were patrons of the drama, especially when one of Shakespeare's masterpieces was on the boards and a star actor held the stage. I have heard Judge Bleckley criticise an actor thus: "He broke the force of the thought by a misplaced emphasis-he marred the 13 beauty and changed the sense of this line by a false punctuation,"-himself repeating the line correctly. Senator George Graham Vest, who had often thrilled the United States Senate by his eloquence, a short time before his death, when exceedingly feeble, and when the silver trumpet was muffled under the shore, produced a most respectful silence in that august body by repeating Tennyson's "Crossing the Bar." Before reading an account of that impressive incident, I had not read, or so much as heard of that beautiful poem. Since then I have run it through my mind a hundred times. It does not grow old. Frequently when I have thought of Judge Bleckley's poetic temperament and of his poetic genius; when I have thought of his unique religious creed, and of his implicit, yet anxious and questioning faith, this beautiful poem has recurred to my mind as being appropriate to our friend when about to put out to sea: "Twilight and evening bell, and after that the dark! And may there be no sadness of farewell when I embark; For though from out our bourne of time and place the flood may bear me far, I hope to see my Pilot face to face, when I have crossed the bar." Mr. Justice LUMPKIN responded for the Oourt, as follows: Some of the friends present may have known Judge Bleckley longer than I. None, I think, admired and loved him more than I. For over thirty years I knew him. It was my good fortune to serve this court first as assistant reporter, and then as reporter, while he was on the bench. And I deem it a privilege on behalf of the court to add a few words to what has already been said. To think of the great man, whom but yesterday we all saw antI loved, as dead, seems strange indeed. That the form we knew so well will move among us no more; that the wondrous brain which grappled with the profoundest problems of law, of thought, of life, has fallen asleep; that the great heart has ceased to beat; that the tireless hands, always ready to take up life's burdens and duties, are folded forever on the breast of peace, seems passing strange. And yet, he himself did not look upon death as a disaster or an unmixed evil. It was Nature's call to her children to come home to rest, in Nature's own good time. He believed that "The something that ought to befall Will happen at last unto all." Indeed, when he looked at life, with its cares, its mixture of joy and sorrow, its hopes and disappointments, its unsatisfied longings, its endless strivings, and the cost of it all, and compared it with the peacefulness of death, he said: "How costly is life, what countless expense To temper the blood and comfort the sense, And nourish the mind and chasten the breast, And keep the heart ruled in its stormy unrest; But death unto all is offered so cheap; There's nothing to pay for falling asleep, Save closing the eyes and ceasing to weep." 14 Death was to him not only inevitable, not only natural, but it was also a part of the plan of infinite wisdom, and that plan must be good. He -said: "Nor at this should we murmur, or sigh, or repine; Man's weakness, as well as his strength, is divine; The day is no better bestowed than the night, And darkness is precious as well as the light." And thus when his work was done, esteemed, loved and honored, he lay down beside the rugged pathway of life; and it being evening, he fell asleep. On his eightieth birthday, we come to pay some tribute to his memory, to place in the official reports, which he dignified with his learning, and illumined with his utterance, a permanent memorial of his greatness and his worth; and then to separate, bearing in each breast a sense of loss which words can not adequately express. But no monument of bronze -or marble, no written words of ours, though earnestly and lovingly penned, will be his most permanent memorial. His real monument he builded himself. It is in the Reports of the Supreme Court of this State. His real memorial will not be inscribed on written page or chiseled on dull, cold marble, but it is written deep in loving memory in the hearts of the bar and people of Georgia. Born amid the mountain scenes of Rabun County, he was imbued with something of the lofty views and far visions of the peaks that raised themselves toward heaven. And yet he loved the valleys too, the fields, the woods, the winding streams. I have sometimes thought that his love -of nature was not merely of its inanimate beauty, but that he saw in it a deeper, subtler meaning, a pervading power of the Infinite, and that he felt a kind of friendship and fellowship for mountain and valley, for wood and stream. As he has often been seen standing on some hilltop, gazing out into the infinite blue, and turning his face toward the rising or setting sun, it has tempted one to say of him: "The bush hath friends to meet him, And their kindly voices greet him In the murmur of the breezes and the rivers on their bars, He sees the vision splendid of the sunlit rays extended, And at night the wondrous glory of the everlasting stars." It has been said that" art is the joy which a man has in his work." Measured by this standard, how great an artist was Judge Bleckley. Material gain and pecuniary rewards were of small importance to him. It was work well done in which he found delight. And thus it was that from the serene nobility of his soul in perfect candor he could say, "Service is better than salary, and duty more inspiring than reward." It seems to me that one of the best tests of a man's greatness is the effect he produces on those of a younger generation. The love of friends of our own age may overlook our faults; but he is great indeed who leaves his impress for good on the lives of those who come after him. The young men loved Judge Bleckley, even those who knew him only when his face was turned to the west, his shadow fast lengthening toward the east. As it is written that Elijah, mounting upward on his blazing chariot wheels, did drop his mantle, which young Elisha caught up as it fell, oh may it be that the mantle of this great man may fall upon the shoulders of some young prophet who shall arise to point the way not merely to material wealth, but better far, to truth, to honor, to eternal right, for this our beloved Georgia! Poet, philosopher, jurist, friend, farewell. While others may tell of his fame and his work, this be my humble tribute to my much loved friend: 'When each year the sunshine warms to life the flowers of spring-coming in the morning to gladden the earth, or resting at eve on the mountains he loved-no sun ray will fall with purer light nor brighter flowers bloom above a truer breast than tnu~e that rest and blossom on the grave of Logan E. Bleckley. The court concurs in the high estimate and the sincere regard which has been expressed for our departed brother, both as a man and as a judge. His memory shall be cherished while the court exists. A page of the minutes will be set apart and dedicated to his memory, and the proceedings will be published in the Georgia Reports. Let a certified copy be furnished to his family. 16