if. wn^^r\: ;^©A''^^?\ ,Ar\A^ 'M^mfl^^AApi^Af ■'^PiJ^..^^ A-'^^'^^^a kri r\ ^ ,\ /s'^ ~>i ^^/^O0^ /^AftAv '-^^(li^n^^AAA,^AO.AA' A.aA,^a^/^" ^,^ .A^:?^AA'N'^'A^r\' .lA^dAAA. LIBRARY OF CONGRESS. presYnted b!V ■ V UNITED STATES OF AMEBIC i^. AAAAA(^OAAAAAi lA/^^^f /^AaaaPa ''^'.T'IAa;':'". ^:rM:^';^^A2i^rf^f^ ^AAAr'^' :«,; >'F\' '■! 'f\N 'h.r^^^^ ^^&M^^ ^;^,rs,!^mf^ftM^ ^anM^PT^mUl MSif^n'^f'fA^Mi^nr.&M K^« A'-"-- aA rtjKSXSRj^-55«B5S,..8|«««^AS9;^^^^ ^^s^^^^^'^^^^^if i&iKys^ftsA, »A«g*Sf5<-? ?!#»»■ :nf\h ^^^^rj ^mAt/tm^f^ \m^'^a^.p^. irirm. imU^S&fg J,«;s^^^©'^^^ ■■^^f\f^A^'^n^^^ ['»'■ 'H/y^j m&^> 'm^. <.' ^^'&!'^' 'Mff\ m&^oM^ym -^?..^i':. ^AA,^AJ^A^/^^r^^ Jf8ir?T*o ,opf,,v^^/^^fc'^i A/^^'A^r^A^ AA^C'S'S'g '^'Sj?-'' '#^^^^^^^^A/^^^^^,^^A^^^^ «j(#>#^'^ 'e^J!^**^ .^: •;ikA«; IN MliMORIAM THOMAS ALLEN JENCKES ^^ =-^^'^---'- ^ V- IN MBMOKIAM THOMAS ALLHN JHNCKI-S. HORN NOVKMBKR 2, 18 iS. I 111: I) i\(JVF,Ml!l':i< 4, 1875. THOMAS ALLr<:iN JENCKES. [I'l-iiriilrnn Jiinniiil. Nun iiihi r 't^ ISTo.J Till'; 1 lnii(iral)lc Tiklmas AllI'-.n .Iionckks ilicd :it liis rcsiilciii-i' ill ( ■luiiliciliiiKl. \ fsti-i-(la\ iiioniiii^. alidul ."ki"c1(m|<. This I'Vi'iit lias IdiiL;' liccii cxiicrtcMl. A cunslil iilidii of nrrat Mat lira! \ i^or. and I lial liad lciii))t(_'il Ijim to an aim unit dl' uiiiiitfriii|itcd ]ili\ sical laljur w lii(di iki cniistiluticni ran saiV'l\- iiii(lfrtal.'. Arnold. . I iidi;e ( 'harles S. I'.radley, -lames .M. Clarke, Kev. A. D. Cole, (ieor-e \'an Ness Ldthrop. .Indue .Marcus Morton. I'Mw ai'd 1). I'earce, President K. (i. Hdliinson, itev. J. C. Stock hridL;c. IJcx. J. 1'. 'i'listin and Henry (.'. W'hitaker. .Mr. .leiickes i^avc early promise of the distinction at which he arrived, and, in liis youth, manifested the qualities I X M E .M ( I i: I A M wliiel), ill tliciv later rlev('l(i)im('iit ailnrncd tlic liav of Ills native Slate ami the eouiu-ils of tlie natidii. lie was ilistiiinuislied. at seliixil and at ciillee-e, tor love nf study, threat eaiiai'itx' lnr lalidi'. ami a w (Hideii'nl nieimiry. for his aei|nireiiwiits in literature, his wit, his taste t'nr )iiietry, and althiiu'_;li the\-diMi(it (iften i;(i with jnietry. fur niatheuiaties and pliNsieal science. ^\11 these (|ualitics he retained, and li\ jiractice added to their streni;tli, and all these stu lietorc him. Admitted to the har, he formed a copartnership with Kdward 11. Hazard, in this city, and I'ose rapidly to endnen(-e in his profession, lie was lirst hroiiLjlit prominently into iLotiee li\ an ainunient liid'ore .Indite Story, in a case under the liaidss, e;irrie(l the (ieneral Asscndily against its nwn [ire- viims opiniiin, against what was nmhiuliteilly the pupular sentiment and the jircjudice of traditiiin, and against sinne iif the must piiwerfnl apjieals e\cr made tn the pcuple of the Stall'. This was mie uC the greatest turensic triumphs in the annals uf IJhnde Island, and in Sdiue respects resem- liled the great paper mniiey case in which A'arnnm wim such hiinnr in ITMi, when tlie turee uf his persuasion and tlie irresistilile piiwcr uf his rcasdiiiiig cianinced the cnurt against the very judgment which they had hecn aiijininted to cimtirm. and led them tu jirdiKiunce inicnnstit utinnal the law that was tlie issue un which their party came inln power. In Is.).), ;\Ii-. Jcuckes was appointed one of the commission- ers to revise the laws of the Slate. His colleagnes were Samuel Ames, lienjamin 'J\ I']ames, Wingate Hayes and H I N M E ii u n 1 A .M ITciirv Hdwaiil. 'I'lu' Kt-vist'd Staturs of ISAT -wi'iv the result of tluit coinuiissioii. Ill 1H(')2, Mr. Jeiu/kes was elected a nieiiiherof the national House of l!e]ireseiitatives, and took his seat at the opening;- of the 'riiirt\-ei!_;]itli Conoress. lie \\as rei'leeted to the 'riiirtv-nintli. the Fortieth, and the Forty-lirst (."oni;resses. 'riiere he fully justitied the reputation that hail jire- ci'. I'.dth these eminent men were thdiinht liy tdd many td have d\ cr-estiniated the ma'.;iiitilde dt the crisis, Init lietli were Sddi d alnindanth jiistilicd l.y the alliliide df the Sdiitliern Stales. It is iidt ca>y td make smdi an estimate of Mr. Jeiickcs's I haraeter as wonld lie nnderstddd liy t Imse w lin did nut kiidW him. His i^i-eat aliility and his ac(|iiiremi.nts, in his jirdfes- siciii and ill w idiT lields, were evident td all w Iki came in cun- tacl with him. either |iersdiially nr liy his wcirks. liut the secret df his ]idwcr was iidt ]ilaiii td many w Iki fell it. and his intellectual methnds, sdiiu'times, were Udt easih fdlhiwed. He was urave, taeitiirn. almnst saturnine. \et he cdiild lii^hl lip "I'll ii 1'1'iv df wit and fam-y whidi made him the lilV df the sdcial circle. .\t such time his ediiversatidii wasdidi^hl- fnl and iiislriicti ve. He diew IVdiii his iiieiiiiirv, nr rather there came w elliiiL;' np frem his memory, aiiecddte, ill list ratidn. liistdiy. jidetrv. rdiiiaiice anil iiliildsd|iliy. Whatever siiliject was started, he had lead somethiiiL;- it[idii it that Was worth readiui;', and w hat he had reail he did not fdri^ct. 'I'd verify a ilii'iliili ■ td lix a date, he was as L^iidd as a, dictidiiar\ . He kept lip td the last his familiarity with tlie(iretd< and Latin 10 I N M E JI <) R I A II classics, ami lie (Icvdurcd coiitriiUKiraiicdiis litcvaturc witli an a]i|ictilr that was i-a\('ii(ius. I |)uii a lainiliar snl)jrrt, nr one that dill mil ri'i|uii'c chisr stmh, lie went thi'miL^h a lionk with a rajiiilitv wliich si^cnicil to catrh tlic narrative as he turned the h'a\'es. lie was a L;'i'i'at reader nf' newsjiajiers, ^Vnieriean ami iorei^ai, and kejit eunstantly jmsted in current cN'cnts. liis lihrary was a h'odiI advertistnnent nf the new wiirks lit' ret'erence, thiise nsel'nl and sunietinies deliu;litlid \iilnnies til which sn ninch lalmr anil research and sclailar- ship have recently lieen directed. When he did mit W'isli to speak, the implirer niii;ht as \vell have ([Uestiiineil the Sphynx. and w hen he I'lmnd it necessary til make an answer, whi/re he did nut cIkisc to L;i\'e inl'nrnia- tiiin nr tn declare am dpininn, the iiraele nl' Didjihi was nmre direct and satishLctury . Tiie im;'ennity w ith w hicli lie parried ini[)ertinent cnrinsity, and the ]triiV(ikinn' inijiertnrlialiility witji which he siinudimes met impnries that were entitled tu lie pnt, it' mit tu lie answ ered, I'nrnisheil niany amnsinn' reciillec- tiims, whicii 'will nccnr tu tlmse wlm Mere familiar \\ ith him. lie was almiist the nnl\" man nl' imr acipiaintance, who, we t iiink, ciiuld ha\e withstdud a prni'essiiinal interviewer. The adventnriins man wlm atlemjited him wnnld have Ljdne hack with an emptv mite-linnk, iir with inhirmatiini nf \ery mude- I'ate ^■alne. in cimijiarisdn with its linlk. .Mr. .lenid'Ces's lack nf socialiility at ordinary tinu-s, his want of enthusiasm, were the suhject of many jukes and witticisms among those who knew how well he could assume these deli- ciencies. when they suited his mood or were desirahle ior his puriHises. To these hits he stilimitted with good sense, and often jiiined in them, and with retaliatiini. When he was a candidate fur Congress, the late William I', lllndget wrote a T H () JI A S A L L !•: X .1 E X ( ' K' E S . 11 sdiin' N\liirli lie saii'4 with i;i-i';it rftVcl at iinlitical iii(.M.'tini;s, the ii'lVaiii of w liirli was — " We'll ^11 for (lur mvu candiilate, The. clilliusiiistir .h iickrs."" His (i|)|iularity : and the next day they told him to sto]i. that his demeanor was had enough lii'foi-e, hut that the improvemeiif in it was (juite intoleralile. A remarkahle instance of Mr. .Iencd\es"s adhereni/e to his own judn'meid. in detiam-e of puhlic opinion, was in the ease of the liankiaipt law, of which he was the author. The opin- ion of this State was deeide(lly opposed to the enactment, not for the reason on wliiidi tln' op|iosition to it was n'enerally hased, liut liecause it interfereil \vi\\\ the system of prefer- ences that had always pre\ailed here, and to whiidi s\stem, however \icious, our whole husiness had lieeouu' adapteil anil under whicli we had :4reatly prospereil. Delitors and creditors were alike ojiposed to the (dianne whicli the hill c(Uitemplate(l, and e\ en those who hivored its reforminy principles, feared the inimeiliate sliiKdc to ciuamercial credit, licnionstrances poured in, hut Mr. .leiickes. satisfied that the hill was hased on sound principles, that it was a necessary part of a commercial system, and that it would vindicate itself in practice, was not iiioxcd in his judgment or in his purpose. Long afterwards he hail the satisfaction of receiv- ing as etiruest i-emonstraiiees from the same ij^uarter against the jiropositions to repeal the law. THOMAS ALLEN .lEXCKES. 1:} Mr. .IriK'kcs |i(isscssi'il tlic uiidcilyiiii; (|Uality (if a manly (■liarai-tri-, I'lnirani', iimral. iiitcllt'ctual and |llly^ic•al. IF lio sdHH'tiim's luidri-rstiiiiatril tlir slii'n^tli ol an antai.;(inist, or tlir ditii-idt\' 111' an nndrrtakin;4. In- was not afraid n{' tlic unc, niir dill lir shrink' fruni lln' iitlici' : lint iii\ ilrd liis (i]i|iiinciits ii|i(iii liis lirld iir met tlimi n[inn llicir nwn. .Macaulay Imlds that iici idiarartcr is pciTiMlly nmnili-d and |i|ci]mii t inncd. indi'ss il lir (inc (if niddcratc cajiacity: llial tlic cxtradi'di- nai\' (lc\ cldpnicnt dl (Uic jidwcr. dV nl nidii' than diic, if nut made at the expense dt the olhefs, causes them t(i seem inle- ridv, at least, liy the euutrast. In his essay (in Madame D'Arlilay, he says : — " The very cxci'llence of a wiirk shews tluit some of the I'ac uHics of the author liavc lieen (levelopcil at the expense of thi? rest; for il is not Ljiven to the huiiiau intellect to expend itself wisely in all diree- tions at onee, and to lie at the same r;igantic and 'well proportioned." Jf we were to hidk i'dr that l|nalit^' in Mr. .leiKdces, whieli, in the tlie(ir\' (if .Ma(;auhn', he did Udt lirint; u|) tn the I'ldl le\-el of his larii'e intelleef, Ave shduld name that df jndL;ment ; nut thai he ^\as li\' am means detieieiit in judtinient, luit that lie Mas iidt e(|nal in it td Ins dther |idA\crs. whi(di Sdinetimes (i\crinastere(l it, and le(l hini, the \ietim df his dwn in^c- nuily, intd Sdphistries \\lii( h he wamhl liaNC deteeteil at (inee in another, and wliieh (udy his d\\ n imaninatidii. iidt an- other's, cduld ha\c iiiqidseil n|idn him. IJul the in^ciinity \\hi(li sdineliiiies led him into nnteiialile jiositions ne\fr faile(l to extricate liim from them. ,\nd liy howe\er devious ways, throtlnh a\ hatever ditliciiUies and daiii;crs, he readied tin.' point where he had (dioseii to esialilisli himself, he sto(_id there impregnalile. I'hose -who [lursued hiiu minht criticise the 2)roeess liy which he arrived there, liut they could imt dis- lodoe him. / 14 IX jr E Jt O K I A JI He met till' ii])]ii"nai'li of tlic sii|irrinr Inniv witli calnincss anil williciiit c-iiHi|ilai-iit. His iTidiivancr of ]iaiii was licniic. \lv watclii'd tin- slow adxaiirr of dcatli as I1ioiil;Ii aiiotlicr was the siifftTrr ami lir tlir spiTtator. He iiritliiT frarcd its coniiiig, tiov did |iaiii |iro\-okc liim to rliidc its tai'ily steps. He speeulate(l enviously on the natnre of liis disease, and talkecl willi ]ihiloso|)liv of its inevitahle terndnation. Death, lie said, was a part of life, as iieeessavv as any other priK'css of existeiiee ; as natural in its t'onse<]^uenees, as wise in its ordination, as heneiieeiit in its purjiose. So lived, anil so passed away, oni.' of the stronn' men of Itliode Island. He served, with i;rt'at alnlity, the generation in whieh \w livi.'d, he impressed his ideas upon the national leL;islation, and left his mark n[ion the statute hook. lie lin- ishi'd niueh that he iiuilertook, he inaugurated miieli to he eonipleted hv others, lie died in the full streni;th and ma- turitv of his jiowers, and when, under ordinary eonditii.ms, the years of his n'reatest usefulness would seem to he hefore him, when his ripened experienee was riidiest, and his trained and in\ in'iU'ated intelleid was ea[ialile of its i;reatest exei'timi. lint he effeeted in tift\'-seven years, more than most men aeeomplish, who push their duration to the ver^e of a eeutury. Act.a senem faciunt ; liaec inuiieranila lilii : His ii/vuni full imiik'iiilum. noii seguibus unnis. II. n. A. IPfOi'idi iici Erenlnij I'nss, Norcinhri- Ti, IS".").] J>V tlic (Icatli (if .Mr. -Inirki's. IJlindi' Islam! Inscs iiiir nf Iicr |ii'(irciiiii(lrst iiirii. He w :is a ^rciil lawyci'. Vvw in llic Stale ciiiialliMl him. W'itli tlic pussiMi' cxci'iilidii of tlir late < 'liirl'-.l iistici' Ames, pi'iliaps il isiidl Ido miicli Id sa\' that mine (M|iialh'il him. It is vny c-mlaiii that im mic siirjiasscd liim. Sdiiu' imlcril wen' ln'ttci' \ iTscd in tlic graces nf rlicto- I'ic. ami sdinc pusscssi'il iiinrc nl' thr arts cil' draldi\' than lie, hilt wiiiMi il rami' td plaiitiiii;' a case si[iiaii'l\ mi thr hiw. wlicii alislnisc pdiiits wcii' Id hr ilisciissi'iK ami h'aiiifil Jiii1l;i's wvvv td lir cdiiN im-i-d. .Mr. .Icml^cs wa^ tne afterniinn. ciin\ersatiiin tell npnn 'renn\siin"s Maud, then just jiulilished. and Mr. .leiii kes and line lit his students, fur he had several, I'cpcated fnim mem- iir\- a nundier nf successis'e pages of that jioeni, the nue tak- ing it up where the other left off. His self-contriil was wonderful, for he never lost his tem- ]ier, and irritalile words never esca[icd his lips, lie was a strauii-er to detraction, and though often traduced himself, T H O MAS A L L E N' J K N (J K K S , 17 1k' nevrr indiilLit'd in tlic tnidui-tidii df dtliiTs. Ir "Wduld he pleasant til (hvcll still i'ui-(liri- njHintlic iiiciiKnirs lliat tliimiL;- the mind, hut nnw (hey iiiiist he hidii^ht In a chisc 'I'hr name oi' TlKHiias A. Jcnrkes must he adihd in the lnii^- list of the suns of llhuih' Island w Ikisc lixcs ha^e emitiilmted tn her fame. II. R. RESOLUTIONS OF THE PROVIDENCE COUNTY BAR. A viicctiii;^' of till- Prciviilcnee County Bar was licld at (Ir' ('oiirl lloiisr at 1'2 o'clock noon on Salinilay, Novenilu'i" l:')tli, to hear anil consider the resolutions wliicli liail lieeu ])i-op()SC'(l by the connnittee a]i]ioiute(l at tlie t'onuer nieetinn' of the Uar c(.inceiiiing the ileath of the late Hon. Thomas A. .Teuekes. There \yas a large attendance. lion. Samuel Cnrrey presidi'd. lion. K. II. Ilaziird, (•hairnian of the commiilce to whom was assigned the duty of prejiaring the rcscilutions. said : — Your committee have dra'wii twn hricf resolutions. ( )n ri'icrring to our jirocecdiiigs on similar oci/asions, and the ])rocccdings in oilier States, ami I'Sjiccially considei'ing the (•hara<'tcr of Mr. -leuckes, and that he Avas a man who not onl\' ilid not court, hut almost shunned praise, it st'cmetl to us more decorous and more in (•onsonanee with the cliaraeter of the deceased, that we slioidd present in a liiief stateuu'ut what seenn^d to us the leading (jualities, attrihutes and attainnuMits of Mr. Jenckes as a lawyer, and the estimation in which he was uni\frsally held liy us and otliers, members of the bar, and while we did not fetd called u])ou to say anything especially about him, in the otiier relations of life, we conlil not, in \ iew" of his wcll-earneil, justly nu'rited and widcl\-extended reputation as a. legisla.t(_)r and a statesman, T H O ^r A 8 A L I. E N J E N ( ' K E 8 . 1 9 iynori' tlic fad. Wr lia\(' ilrawji i]\v vcsolntiinis vclatiiiL; to tliat sulijcct. I supjKisc I cxiMTss till.' scutiiiU'iit i)f tlir Icadiiii^- minds in this (.■(iininiiiiit y and in this (■(Hiiiti-v, when I say lliat at thn time iif liis (h'atli tlirrc was no man of hu'n'c rxpcriiMicc as a. legishitor wlio was mnre cntirel)- conversant with tlic I'urms of our h'l^islalion in State or National government, and moi'e skillful in apiilying (iiem with exactness, than Mi'. .lenckes. I don't know lint I overestimate him, liut if tliere is any man ahove liim in that eapaeity, I have not hail the good fortune to hear of liim or his good \vorks. ^Vnd we did not think, as a eommitti'e of the Bar, that it was i)ro[ier for us to ex^iress all that individual meniljers might feel upon (liat subject. I ask tlie Secretary to read the resolutions -wliicli have been drawn, that they may l)e sidimittcd to the nieeiing. The resolutions were then read by tlie Secretary of the, meeting, William W. Doughiss, Esq., as follows: — lUCSOLUTIONS. TnoMAS All?;n .Tknx'kks, havhig- dcparteil this h'fe, Ihc metn- bers o£ the Bar of his native State, mindful of the loss wfiirh (hey and the public have sustained, and desirous of testifying their lespeet for his menior}', adopt the following resolutions : — 1. That it was due to no adventitious circunistanee that Mr. Jeuckes, ou entering his profession, so early took a position in the front rank. While possessing uncommon natural gifts, .among tlicm great pow- ers of perception and a most retentive memory, he nevertheless hail laid Ijroad and deep the foundations of his knowledge by the severest study of metaiihysieal and the exact .sciences, of history and the litera- ture of ancient and modern times. With a mind thus disciplined and enriched, with habits of Ihoui^ht thus formed, he was enabled to enter immediately upon those Intel- 20 I N Ji E :si o i; I a ji Ifftual contests with the leading members of the Iwr in tliis and otlicr povlions of tlie rountiT, in wliirh he displayud a degree of self posses- sion, a wealth of learning, adroitness and logical power, that com- manded nniversal admiration. Dnring tlie whole of his professional life, covering a third of a centnry, even through the moutlis of his last painful illness, he continued that deep and thorough study of the law, whicli marked the preiiaraMon for his profession, thus illustrating liy his own cxamiile, his faith in the adage often quoted by him that '• there is no royal road to learning." ■J. [n other relations of life, as a legislator, whether in the Asscni- l)ly of his native State, or in the halls of Congress, where, to use his own expression, he sought to be known by his works rather llian by his words, as a, statesman and a citizen, it is unnecessary for us to do more than to express our concurrence in the high estimate placed ujK n him 1iy his fellow citizens throughout llie whole country. 3. Tlial a copy of these resolutions be transmitted to the family of our dejiarted l.irother, to whom we tender our heartfelt sympathy in their bereavement. 4, That these resolutions be presented to the Supreme Court, with the reeeted to say anything npon this oceasi]ilc tlir ([iirstions of "Don-ism"" on the oiii- side, and of " l,a\v and Onlcr" on llic other, with smli an urigiiial eoinpreliension, and, as it \vere, with sndi an iii- stineti\-e jMJWer of nniid. as Thomas A. Jein-kes. 1 saw him eonstantly. I was witli him constantly. We diseussed tliese (jnesti(]ns eonstantly in 1S41, '4'2 and "4:'.. He Iieeame Seeretaiy of the ( iovernur's Coiineil in lS42, and I say what my livolhev Hazaid, with whom he was asso- ciated then in the profession as copaitnei-, will verifv, that he ori^inuled at the Conneil ISoafd, and caiiied unt the policy of that hoard in tlie le;4islalion of tliis State, more than any other mind in i;ho(h' Islaiah or aiiv other man. I do not think that I o\ crestimafe the inlhieiice or the power of hrother .lenckes, at that tinu' a. veiy- yonni;' man, to fill sn{4i a jHisition. He tlien eanie, not very Iohl;- afterwards, (o he a mendier of the l.enislatitre. anil was a im'mher for many years; and \t'iy many of ns know- that he was the leaihiii; mind — the strong- and eoidi-olline- ndnd in the House of Kepresenfatives of Hliode Island. I need not say \\hat \tf performed in ('onu'ress, hecaiisf; every one of ymi know as well as J do what that was. JUit I wish now to say sonu'thiiiL;- in regai-d to his allain- nients as a lawyer. I know it is assuminL;-, in one sense of 22 I N M E M O R I A JI tlie word, a capal)ility on my pavt to judge of tliose attain- iiu'iits. But I caiiiint lu'lp that. I very well kunw the two Messrs. (Jreeiie, (with All)ert C. (ireeiie I studied my ]iro- fessiou. ) and .Tdhii \\'lii|i]ili-, and Samuel Y. Atwell, some of whom were men of great iiitellci-tual power, excellent and profound lawyers, acute and elixpicnt advocates. But I never ]ia\c known in my ae(piaintariee with Rhode Island lawyers, so original, clear, deep, comprehensive and strong a nnnd, among those that liave })assed away, ( J make no comparison with the living.) aslliat of our deceast'd hrother. He seemed to grasp the deepest questions as though it were g'iven to liim by genius. He seemed to divide up, separate and split apart the nicest ([uestions, as though he were born a metaphysician and a lawyer. I do not know A\iien he got this knowledge, fie never seemed to ]>v a. mnw de- voted student than otlirr men, — somewhat less so in many respects, — but lu' had a power, an intellectual power, to grasp the law : and whatevi.-r he grasped and mastered, he retained and carried in his memory year after year as long as he lived. ()idv mention the ]irinci})le, give him the case that j'ou wislied him to resolvt', and in an incredibly short time he -would carry you over the whole field and tell you wlicre that (question had been discussed in (^)ueen"s Bench in England, in New York, in Massachusetts, or before the Supreme Court of the United States, with a facility, with a clearness, Avith a power so great tluit I was always aston- ished at his attainments. ()ur deceased brother has been criticised as Ijeing a cold and unsocial man. A man cannot accomplish \\'hat he aceomplislied in the few years that he lived, in })rofound learning, in the most difticidt of all the professions — the legal profession, and have time to talk with every man he 'I' II O jr A 8 A L L E N .1 K X (' K K S . '2'., meets mi tlic sti'cet, or witli iiicii wlio iiniy Ii;i])|icii to u;i) inld liis (liilicc ('xrcj)t w itli liiisiiiess (if liis iirolVssidii. ()ii my iiwii part I liavc always had. with \ry\ hillinn' exrrjitidiis ( and tliesi' air mil imw rciiiciiilii'iTil ), llic iinisi jierfeet iiiiilcrstaiKliiiL;' witli my lirctlircii tif tlic liar, ami 1 have iu'vcr lianlilic, for ureat affairs, for ureat ipiestions, and had lu' lived to the age that some men live to, and had had health, he must have left lieliind him a rcjiutatidii hir tliese virtues of charat-ter, for pnlilie virtues, that any man ma}" lie ha]i]iy to attain 'when he reaches his thrcc-scdre years and ten. The eri'atest of men and the ^ri-itcst (if minds S(dddm (ir never rea(di the jiinnaele A\hiidi he attained to, and there his name will stand in tlie ineiiidrv of the le^al 24 I y ME M O R I A SI profession foi" all time. Seldom does any man reaeli that jinsitidn at the an'e at which Mr. Jenckes the deceased reaclic(l it. Brethren, we have jnet here to hear testimony to the vir- tnes of onr deceased l)r(itlier. I UdW call npon yon for remarks l)elittinn' this occasion. i;E^rAlil\8 l.>F HON. IJKN.I. T. EAMES. Mr. President : — .Vssenting as I do, to tlie jnst and ajipni- jiriatc trihnle (.)f res]iect paid to the memory of Mr. .lenckes in the rcsulutions rc[inrte(l liy the ensly nnqnircd. Fi'W mcmlx'rs of Cono-ress have ac- (•(iiiiplislifd nunc lliiiii Air. .Iciirki'S. anil I venture to assert that mi representative (if this State sinee tlu' days of 'J'ristam I!uvt;es, has left a more emliuim;' reeord of his services. His name will al\va\s be assdeiated with the first efforts that -Were niaih' in ('(Uinri'ss. tn seenre reform in the civil serxice of the country : and tlinunh under the law passed, the t'X[ierinient has not jiroved entirely suceessfnl. still his efforts were not witlmut lienetieial results, and the time may yet come when the system he devised will become a ]iart of the pciliey nf the General i;(i\ ernment. His name stands idi-ntilicd with the law jiro\ idiiii;- for an itnifonn s\'stem (if baid-;rujitcy thrdUghoul the United States, and that law as recently amended will no doubt stand jiermaneiilly as a part of the statute law of the land.^ These were the ureat measures with which his name was connected in Congress, and which ha\e si.'cured for hiiu a natiomd i-eputatioii, whi(di \\ill not soi.ni jiass away. ^Ir. i'resideiil: I have known Mr. Jeiicko more or less iulimaleh durini;' my whole jiri.ifessioual life. I have often lieen associateil with him, and as ol'ten opposcil to him as counsel in the e(iurls. and have been luany tliucs with and for him. and om-e or twice opposed to him in political lite ; and never diirine' this whole period, with a single exia'jition, and then when lu' seemeil to be under a kind of iiolitieal frenzv, have 1 received from his lips an unkind word. And what is true of myself in this res[icct, 1 also belie\c to be true with reference to the members of tlu' bar generally. His self-control was in(lec(l remarkable. It was one ot the strong points of his character, for •• he that ndetli his spirit is better than he that taketh a city." T 11 <) M A S A T. L K N .J K X (' K IC S . 2 I jVIr. .Iciickcs iiii(|ni'sl iiiii;ilily liml liis I'anlls. Wlio dl' us lias iiiit '.' Let lis liur\ lliciii liciii'alli llic sdil in \(iiiilcr criiii'- tci'\' wlici'i' iiiiw ri'sis llic (.'aiilily tciicinciit I'ldiii \\lii(li his Spuit lias llcil tVdiii this tn tlic iillirr \\(ill(l. We sliall all rc- ([iiire a. like charily when dratli i-cuncs. — and "wi' arc l>iil niiiiutc-mcii here. " as was reinark'eil li\ Mr. .leiickes a slmrl time liefiire his (h'atli In one (if his lirethri'ii nf the liar, \\ith a full eiinseinusuess at (he liuie that his dWii life w as sus|)eii(le(| U[idU a slender thread, and that its silver cord wnidd sikhi lie hidseiiecl. And. hd\\c\er strnuL;' diir Imld cif life may iidw seem tn lie, \ve are in truth all of us lint minute-men here. " And our licarls dioiinU stout and liiave," as thev mi^'ht tn lie while the Iiattle nf lih' lasts. ■' .Still liki' mutlled drums are beating, Funeral niarehes to the a:rave" I!,EM.VUKS (If imx. .[AMi;s IT. I'AI:si>XS. Mr. Frcaidcnt and tTi'iitlcvicii cf the Bar: — -I think thai if it he the duly (if any line III speak" at a nieidiiiL;' nf the ISar eniieerinn;4 the death nf the Ilnn. 'rimnias A. .lenekes. it is mine. It is jn^rfeetly -well knnwn tn all the memliers nf the prufessiiin nf his a^'e and nj' mini', that, fur a periml nnw eiiverine' almost nimdeeu years, I have ht'en as elosel\" asso- eiated \\itli him socially, personally, and professionally, as aiiv one eonld he. 1 entered his olliee a i;reat main Acais aL;'o, lint not as a student: I had keen adnnlled to the har of Philailelphia. and under the recpureriieiits oi' ourstaluli', not havini;' keen a meinher ol' that har for a jieriod of three years, it was necessary that 1 should remain for the period of six months in the ofliee of a jiraelitioner here. I entered his oftiee through the adviee and suggestion and. in fact, witli tlie assistance of a gentleman who juis liceii m\ frii'ud 28 I N M E M O It I A M for years. (I refer to the Hon. Edward D. Pearee). It so liajipciii'il lliat I had heeli lirounht uji in the oliiee iif iii\ honored t'atlier, where the khid ol' praitire ^\as mainly tiiat in e(|uity. and the jirejiaration of eanses for trial tliroiiL;h liriel's, and at my entrance into Mr. .lenidves's offiee, there seemed to he a special use for a knowledge of those hraiiches of t lie proh'ssion. With pleadings in ecpiity I had liec the har ordinarily is: and also with the method of preparing <'auscs for trial. I \(_'ry soon heeame intimately acipiainted with Mr. Jeiiekes. I stndied his idiaraeteristics ; 1 studied his intellectual peculiarities. And it so happened that at that time his husiness took him a^ay from home mori' than it ordinarily had, and he ga\e to me the man- agenu.uit and the condui't of a great many cases, particidarly those relating to mortgages, given hy and the insolveney of the late A\'elconie Famitm, uji thiiuigli the Jjlackstoiie Valk'\-, which involveil a great deal (jf litigation, and which continued I'or a great length of time, during whi(di, while I acted I'or him. his electric letters, containing few words, were tlie aids t(.i my action and the hasis of liual sttceess. I tliink that for nineteen years I have thoronghly known ^Ir. .lenckes. His poMcr of analysis was amazing, his memory was wonderfitl. ] sujuxise that he lirst aci|uired a know- ledge of the heneiits, the exercise and use of analytic power through the teacliings of Dr. A\'ayland, and those who liave graduated from the University under Dr. Wayland will know precisely what I mean wdien 1 say this. He possessed an amazing knowledge of the law ; his hicility for acquiring a knowledge of cases was at times astounding to me. He could go through a ease and give a knowdedge of the prinei- jiles upon which it had hceu decist>scs I wd ([Ualiticatidiis, wliicli, if lie pussrssnl (luly (jnliiiaiy al)iiii\, wiiuld iiiaki- him a i-iillivatc(l anil aciM]nipli>liril la\\\ci': lint will] his ni't'at aliility, Ihcy niakc him a ni'cal unc." Said I: "What arr thcsr (| iialilii-s ?"' Said he: "Intense ])(i\\ er 111' ciineentiatiiin, enmliiiied witli an aniazinL;' inemiii\ ."" 1 sU|i|inse that these Iwn ipialilies dii make a Slleeessfld hiwN'cr. e\en it' he pDSsesses iid'erinf aliility. ( 'ertaiidy, in ]Mi-. .leiiekt's's case, they made him an emini/nt une. I knew .Mr. Jeiiekes. as ] say, thuniunhly \vell, persmially and prut't'ssiiinally. It has liccii suggested liy the President, that he Mas eiild at times — an unapjiroaehalile man. That is true, liiit nut, in any sense, so far as my kmiwledne uf him goes. 1 knuw this faet, — and I (hi not inteml in staling it to intrude in the slightest degrei- upim the privacy ni' any (himestie life, — liut I knii\\ that his I'annly. his children, had an affei'tiim fiir him that was almiist iilnlatruus. It was astiinishing tn nu' at times, tii liehnld their I'undness and admiratinii fur him. U that cnldiiess existed tn other peuple outside 111' his family, it ci-rtainly did imt exist there. I rememlier, — and 1 ihrn't kimw hut that it is lietter hy means nf an illustratiiui to set fi.irth what I desire tn have understood. ^I_y purpose in giving this iUustratinn is to show his profound knowledge and his hive of literature, and his acquaintance with Enghsh literature, and with the litera- ture of France; he read French with facility, alllningh lu^ did not speak it. Thorough and jirofound as was his kiiow- led/(. He said : "Is it imt a splendid thing to tliiid'; that the man whu wrote that was a member cif nur nwn priifi'ssicin, an aei;iim}ilislied lawyer and eultivated judge?" 1 repeated Id him. then, fnr the imrpuse of ascertaining if he knew who was its author, a poem whieli appeared in I'lmch — where 1 mav say some of the most graceful poems in the language have ajipeart'cl eoneerning those who have dejiarted. Tliat poem begins thus : " In the very Imur when chity To its dearest dust was wed, Pleading for the i)oor and needy, Talfourd's ncntK' spirit tied.'' And it ecnieludes, after a reference to the fame to be aecjuired in the Crimean war, then raging, thus : " Happy fate ! bnt higher, nobler Count the doom 'twas Ins to meet, Who declaring Heaven's own message, Died upon the Judgnieut seat." He sjioke in earnest admiration of the })oem and insisted upon my giving a copy. T H ( ) M A S A L L K N .1 E N C K K S . 31 'Pill' last tiuif llial T saw liiiii. years al'trr (lir iiiciilriil I lia\(' rclali'il, anil jiisl hd'urc my rcrciit \isil lo Eni-(i|ic, lie sail], "Now \iiii iiiiisl liiid (iiil lirloii' yoii ^I't Imhhc wlm wi-dlr lliat 'J'alt'iiiird ikhih. 'I'liat is my ((imniissiciii for Villi." ] iliil tiiiil mil. lint Mlirii I n-turmil In' was lianlly ill a riiiiilitiiin t" rriri\r tlir iiil'iirmatiiiH IViiin iiif. Itiiliaiil ]\riiiirktiiii Miles. Liinl 1 liinL;liliiii. was its anllim-. Aiiiitliei- tliini;' aliniit nnr .Mr. .leiiekes was thai this knllwlell^e he llseil in e\'ery [iiissilile i-nnneitiiili with jiis linifessiiill. I lia\e seen llini in tlie luiul-l niUll. nut iiIiIn' here, lint elsewhere, use illiistrat ii ins wliieli he ihew rrnm his niemorv, one nl w hieli I am satistieil in mie instaiiee eanieil his ease. It was liei'iue .liidei,' (irier. in I'ennssl- \aiiia. with wliiim I hail an inl iiiiate aei|Uaiiitaiiee. anil the .liuln'e \\ as so thiiriillL^hh' [ileaseil with the nielhinl nf the intrniliietiiin ni' the i|iiiitatiiiii that 1 am sine it inlliieneeil his niinil ill laxiirnt' .Mr. Jeiii-kes. anil n)ii'rateil sliniigly in the hi\ nralile (leeisiuii he seeiireil. .\nil in all tlicsi/ years nl' inlereiiiirse, (if |iersniial I'l iemlship. and ul' kind reyard, I i;anniit reeall am oeeasinn mi whieh .Mr. .leiiekes ami I ever had a ninmenl nf iiersmial diilereiiee. We mi^hl ha\i' siune differeiiee iijimi i| nest imis arising in the einuse ul the eases with whieh we were emineeteil. and 1 am very free In say that there were smile eases in \\liieh I was a little aniinyed at his I'ailiire til alleiiil tu niatteTs whieh 1 tlimiuht he iinyiit tn attend tu. lieeause I tliiiU'.;lit it was thrnwinn nmre respmisi- liilit\ ii|imi me than was prujii-r. 'I'heie were twiinr three ilistanees whieh I leenlleet in his Cmieressimial eareer. There Were easi'S emiiiiiL;' nn here in whieh I did imt think it was prnjier tu put e\ er\tliiiiL;' ii|iiiii me. and 1 desired assistanee trmii him. I did nut L;et it, and had tndnthe wmk aliine : anil w hen he eanie liaidc and I met him a''ain he 32 I N 51 B M O E I A M never faileil to express his approval. In tine or two in- stances lie rather ohjeeted to tliini;'s that I did. " Well," said I. "as vou were not here, I had to take the responsiliility and do as Well as I could." Said he, " I don't sjii'alv that in any sense that you will take to he unkindly, only 1 should have acted differently." " W(dh" said I, '• if you had i;iven me your advice and assistance, and had heen hvvv, things nnyht hnw lieen different." I sav what I have said of Mr. Jenekes because (if tlie asso- ciations which have existed hetween us. lie was to nie. I think, almost — I (.-annot say wholly — hut aluKJst the aliU'st lawyer that 1 ever had any jicrsonal connection with. There were one or t\\'0 others A\'i(li whom 1 had heen asso- ciatetl that possessed t'crtain (jualities whicii he did not possess. Hut in industry, in strength of mind, in the jiro- foundest memory, in a most tliorough knowledge of the law, and in, as I said before, a most amazing power of analysis, he was e(|ual to any one with whom I ever came in contact, and in these resjiects he was thoi-oughly great. I am speak- ing of a, gentleman who was my frieud. He was kind t(i me. It was through him that I have aci|uired wliatever jiositicm I mav have gained at the liar. Certainly, it was through him that I began business here ; and it has liet'U through him tliat I have been connected with cases elsewhere in Federal and State Courts, and wlucli have eualiled me to gain some rejiutation, professionally, outside of this State, and which, I hojie, I shall be able to maintain. Thus, tlien, and in this presence, " I fling my peMilc on the cairn Of him, tliough dead, undying. " For to me, Mr. President and gerdlemen of tlie liar, he is undying. r II II .M A S A L I, K N ,1 KN C |< Ks i;ivMAi;k's (ik iiun. n. k. THrK'sioN. Mr. Prv^'uhiit : — I iiiiirli rct^ri't lliat iMniiiiislaiiccs uw- vt'iitcd iiic frniii kiinwinn', iiiilil wiihin thr hist lioiir. tlial it \vas till' iiitfiitimi of tlic Uai- tctlv understood hy those who had not the hest ojiportmiities for knowinj;- him, and this often led to criticism that was as unjust as it was su|)erficial. iS'o man amoni;- ns more tIioroiii;hly loved llie profession of the law hir its own sake than he. His mind was capahle of grasping its hroadest prineiiiles and of appreciating its nicest 84 I N M E M O K I A M distinctions. His prrnlii^ions nicnidi-y Avas a treasui-c-lioiise of prrccdcnts from wliidi lie conld sunnaon at will an army of autlioiitics to sup})ort the loi;ic of liis reasonini;'. lUit liis mind \\as not tlirown into donlit l)y the contlictini;' decisions wliieli the lawyer linds on every important (jnes- tion, for he was eajialile of ,i;oinL;' liaek of iireeedetit to prin- ciple, and cvolvinn' clear, consisti'nt lines of reasoning;' Irom thr clouds of confused judicial tlinui;ht. Neither did he jiroslitutc his ]irotVssion for its haser rewards. lie cari'd more for the triumpli than for the spoils of the victory. He was sin';u]arly indifferent to the cultivation of extrinsic aids to success, liut relied upon his own t'onscious strength and the strenL;tli of his cause. He ^^as never found conciliating- juries oi- ilattcrin^' courts. He sought the hivor of no }iatron, never turned aside for the grt'at, or trampled u})on the rights of the low. ]\Iost nu'n called him of a cold and frigid nature. There is a symi)athy of tlie heart Avhich expresses itself in acts, and a sympathy of the lips which is no more substantial than words. Of the latter JNIr. Jenckes had little, hut of tlie fornmr he had much. More liy hir than he had credit for among men at large. I lirst saw his gentler nature manifested when I apiilied hefore him with others as a candidate to he examined hy him for admission to the liar. Tlie occasicin has been an ordeal to many of lis. I felt instant Iv that I was in the iiresence of a great man. After the rigid examination was concluded, he, in a kindly and paternal way, gave to us advice as to the methods of study to be constantly pursued if we would win success, and pointed out in a few terse sentences, whose impression was the deeper from this (juality, that perndssion to practice involved oulv the greater dutv of conscientious study. It T H O IM A S A L L E N .1 E N f ' ]v K S . was oiih' tlu'ce Ax-ars lafrr. and wliilr I \\as still aliiaist a stranger In liiiii, that (nic of tlmsi.' sudden \ isitalidns ut' I'rdvi- driici' i-aiiir t(i iiic as 1 "Was asccudiiii;' I lir stijis IcadiiiL; t n tliis liiiildini;, and w liicli arc scut tn tcacli ns tliat tin ic is only one slioit str|i lictwci'li this lii'r and the oni' lu'Vond. I was taken up for dead. With retuvninL;' eonseiousness, the first faee that 1 reeog'iiized was tliat of 3.!r. .lenekes. ,' ho, wiiilc others -were disriniyed, with all the ealinness of the [)hysieiau, and w itli all the tenderness cif a 'woman, minis- tered to my needs. ,More than twenty years have passed sinee tiien, Imt I ha\t' held in constant ri'mcmhranec the exhibition of sym]iathy and kindness of heart -whieli Mr. Jenekes manifested while he carried me to ni\' home. No lawyi'r ever met Mr. Jenekes as an anta^dnist without lieine' impressed with his ]ii:)wer. It was no seenrit\- against appi'ehcnsion that one had the stroui^er side of the cause. His fertile nund was constantly on the alert to discover the nnist vnlneialilc poiid of attack. Vou were oid\- safe a; hi/n you had the linal judi^ment of the court of last resort. All his \ictories were fairly won hy the lei;itimate a\( apous of the law . lli' was the most tenacious and persistent of nu'ii in holdini.;' to and pursuing' fxt-vy Ic^al ad\'antaL;c, liut he never stooped to deception or artiticc to carrv his j)oint. Pcrlia]:sthe liesl evidence of Mr. Jenekes's recocnized su- licriorily is his jiolitical i-ccord in this State. His name was repeatedly before the peo])le. but no man ever charc-ed liim with eonrtinc- jiopnlar fa\(ir by trimmini;- to suit a poindar humor, or by resorting' to any of tlie un-wortln- arts of tlie demag'o.uiU'. He owed notliint;- to jjcrsonal ]iopidaiity, bnt all that he received was the free tribute of a pco])lc con- scions of his iitncss to honor the ofliee wliicli he was willinc- to accept. :'>() I N M E M o R I A :si KEMAIIKS OF HON. CHAKLES S. I'.RADLEV. 3Ir. Presiilcnt : — The cliainiiaii of the eominittt'e ap- liointt'd at tlic last iiiertiiin' ol' (lie liar to provide for this mci'tini;'. ami other jiroeeedinns in regard to the decease ot' our llrotlu'i- .Tenekes, rather eoiinuaiided me. in 'whieli I recugiii7-e their rin'ht to eoiiiiiiaiid me, as lieiiii;' })erha]is Ihe mend)er of the liar whose ae(piaiiitaiiee was earlier and most intimate with Mi', .lenekes. as well as hnv^ eoutiiiued, to represent my brothers in jiresentinn' to the court snch reso- lutions as they nnnht adojit : and for that reason I had not expected to (hi anvthinL;' at this tinu', Init sit here and listen to wdiat my lirc/threii had to say. .\nd entirely satisfactory to me. as I trust it has been to all of \iiu. has been the communion nf the jiast hour in reti'ard to him. I>ut I mnst say that 1 should prefei' to be relieved IVdm the more formal duty which tlie e-^ntle- man assigned nu'. and to say the little I have to say in the simjilest manner to the brethren of the bar: and my reason for it is. that it is realh" too personal for jiidilic ntterance, and it seems to me to lie more suitable foi' this friendly meetiue w Inch we are liaviuL;' to-day. Mv recdileetion tif Mr. .b-iickes. like yciur (n\n. Mr. Pre- sident, edcs back nnire than forty years. 1 can see him to-\' lite and death is always filing (in, with the ec'riaiuly that dealh will at last have the mastery, lldw" far the constitutional inheritances of his nature; how tar this neglect of the simjilc rules of health, ]int that man, so strong, so yming to the eve, ujion his hier at tifty-seven. it is not easy to sav ; luil 1 fear that one idiaracterislic of the hoy continued in the man tended to his untimely death. It is only a day or two since I hap- pened to meet a gentleman, one of the most eminent of the graduates of (Uir college, one of the most successful in the career of life, owing merely to liis good judgment. He was in college at the saiiu' time with Air. .lenckcs. Said he: " The iiuprcssicni he left upon mc was that of his hmdncss for poetry ; I recollect thai as a nuire marked cliaractcrislie of Mr. Jeiickes than anything (dse."" 1 know it will strike siinu' of you with surpiisc, and I therefore (juote his imjires- sion (it Mr. -lenckes formeil in those days, hefore givine- \(iu my own, wdiich is precisely the same. Horace, I'opeand llyron were his sjiccial fax'orites. j<'or tin' new and serene light of W'oidsw luth he had lint small appreciation. 'I'liough his lirm hrain made him a teacher in niatheiuatics, iind he was eijiial to any study, his chief lo\c was for poetry. And I ha\'e to thank him, that after liein<>- 40 IN M E M O R I A M two yt'ars tuyt-tlRT in cnllt'^c. lie led ww to my lirst readini;' ill tliat divine art. Tlic Icsscin was nut of tlic iiinlu'st. It was Byron's Corsair, '■ O'er the glad waters of llie dai'k blue sea.'" Ilisjididic tendency was slirnvn in liis life, imi li'ss tlian in his ri-adini;'. Tliougli not easily niuNcd liy the tiih'S of emotion which, witli, or witliont rcasim, elilied and Ihiweil in our cdllcnc life, not easily sym]>athiziny witli others, not (iiie of the tirst to he taken into our secret and social ehdis, he was credulous to the hist (h'Ljree vi' anythini;' new and strange and su;_;n'estive of the poetic and unaccustomed iiowers (if nature. 1 see a gentleman now liehire me. wlio witli .lcnelEX .lENCKES. 41 a Sficucr. and as a wluilf. lictuir lie -Wdiilil midcrtalvc m a]i]ily it to [ivactirc. I rc|ilicil to liim in liis despair. "Win not ronu' down lific and take a liiloi'sIii]i in mat licmat ics. It «dnlil l)c hut ]ilav to yon. and ]KTlia)is ratlicf a lu'allliicr atmosjiluTc tlian tin' iiaidni'ss of \(inr )iics<'nt stndics." lie aceejifed the position tof a linn'. Now. latef in life, \\itlioni indidi^inL; in loniparisoiis. becanse a conipafison. to lie of any nse. re<|inies a distiiiri estimate of two rlifferent ln-inL^s. and Mv. .Ieind• M K ,\I (I l; 1 A M there is in it'.' In tlio tVcrdrjni of onr iTinffrciice Iktc. avIhtc I wisli we liad no i'(/})(_)rti'r. 1 \\ ill sj)r;ilv nf it l)rift]y. Tn nic Mr. Jciici'icsV L;'i'i.'at nit'iital clKiriii'tcristic was tlii' crcatiNc pdWiT. (lie iHuiL;iiiati(i)i. llir ]iii\\ri- tlial liodics f(irtli tn llie niiml's fVc slia]ics and funiis ot its own rrt'atinn. as it' tlicy WfVf leal : nut nu-i't-ly in poctrv ; iir i-duid write in rliynie or in nieasnre : I do not sjieak of tliat merely. Imt rather of the imagination as yon find it, not only in the \erse vi Shaks- peare l)nt in the prose of my l>ord ISaeon. 'llie .same ere- ative |)o\\cr you will see witliont reL;ard to its mere external form. Now it has been said of l.ord ISaeon, " that he had the nnghtiest imagination that e\i'r howed its neidc to the yoke of the human reason." There the resemblanee failed. M\- firolhei- .)enekes"s inue^ination \\as not always bowed to the \okf of Ins reason. Durinn' niy exjierienee of life with liim. though mainly of professional antaj^'onisni, and mv ini]iressions then •wonld not In- relialile, but as a eolleayue eoi'iju'ratinn with him. 1 found that where lir wished to aetMjmplish any object, certain ideas and points would siirinc' out of his ^reat resources of learning and of mind, and he believed in them and sent tlu'm forth as cliampions of his cause, 'i'o my mind they often seemed to be creatures of his imagination, it was tliis\erv week that. in a mere l)nsiness intervic\\. one of the most eminent men of the country, who has held its liigiiest jirofessional ofliee, ex]>ressed the same ojiinion of this cliaraeteristie of .Mr. .K'Uckes. A\'e may here misjudge. Mr. .lenckes may have been right and his critics wrong, it is not the highest and best view of a cause that always ]irevails even with a court. It was because of the greatness of his imagination, over which he did not always hold the reins, that he, as an advo- cate, would take points whicli others, colleagues and courts, thought were not sound. T NOMAS A I, 1, K N .1 K X (_' K K S . \.\ NnW". nil tile iitlirr liillld. accunliii^' t(i lll\ cXlKl iclicc III' Mr. .Irlicla\'. " .Xnw mil- ii|iilliiili is ilrsirril ii|iiiii lliis iiiallrl'. W'lial is llir tiiir law ill vclatidii til il ■'" lliriT his JikI^iiu'IiI was as rrlialih' as that lit am' man. 1 hnr is im failinc nl iiiih_;iiii'iil w hni lie is I'XcrcisiiiL; his jiiilniiii'iit. Thi-ir iiia\ he a I'ailnir wlirii, in il pcisitioil liir whirli lialillr iliil liiil ilitrliil him. hr hrciiiiirs an ailviiratr: Iml that is iii\- im]iir>siiiii nf his nirnlal charactrrist ics. Ami in this his L;iTat pnwrr was alsu his H'rcat jK'iil. As In liis jicisniial ami tVirmlK i| iialitii's. \\^• all rnnriif ill what mhi. Mr. 'riiiiistnn. Mr. lOanics, .Mi-. I'arsniis, liavr saiil. I am lia[i]i\ In say miw. that i|iiick ami n\-rr-sriisiti\ r as my hrnthrrs nl' llm liar kiinw that I am. wlicir I think aii\' injustice is rinih'iril tn mysrlf nr my rliriils. ilurim;' tlirsc lirarly I'nrty years nl' antannnism. aliiinsi iie\'er — iici'it exee[)t t'nr a few liniirs ami at tlie rarest iiiteiA als. (I eaii nnw remeliilier lull nlie neeasinn. ) did Mr. .)eliel<'et of the man showed that he A\as oi-<-n|iird with the lhoiiL;hts within rather than the events around him. As a |inlilic man — modest and lu'ief. in this res|ieel as in all. as our ri'soliitions are. — we ha\c a rii;ht to lie |iidiid of him. l''irst. as 1o thr s])iiit in whieh hi' administi-ri'd his |iulilii- diiiirs. lie used his otHee as a trust and not as |iro)iert\. Pat ronaL;r. rlosc of kin to eorrii|ilion. ioiiiid lit lie fa \or at his hands. His sueeessor. oiir Urothrr l-Jaincs. will eorirri mr if I am wroii'4 in the im|iression that lir was amoiiL; the tirst. if not rhf \ crx' lirst. to makr the a] i| loiiit iiu'iit s for cadets at W'csl Point deiieiid u|ion i'om]ietiti\ c examinations, and not ii|ion his will or i,i\or. (Mr. Ivinies — "'riiat is true") /Ktiir I)ted ii as fatal to the sii|n'emaey nt' an\ |iafl\ ■\\liieh aild]ited il. The ini|)ei ieel idiis I'diind in the law itself, afc largely nwiiiL; Id the necessity (<\' cdii- ciliatinn' sii]i|Hnt liy imidilicat imi of its ]iiii\ isions. littl the idea df the law is ii'_;lil . and tn .M f. .leinki's's slfoti'.; afin and tii his pefsist en I lalidis fur \ears. it isd\\in'_;" thai the s\stem was add|ited. addiiit;' In the ImihHsIi liankiii|it law. which is a cieiliriii- s law. the ,\meiiean li'iidene\ to make il a law i'nv the lienelit df delitol'S alsd. 'Ihe dtlief cause Id which he de\'dled hilliseli was the civil sef\iee refdiin. The danger iniiiif hnndfeclt li \'e;if (d' c.xpeiiinciil. w hit II the sa^acidiis .hdfeisun said winild hi' dtir jieiidd dftiial df sel f-i;d\ernmcnl li\ the pedple. is finm the cdrritjitidii nf thdsc a]i|idiiiti'd Id pnhlie ser\ ice. ffum the selllsh uses dt pdWclliN |iitl)lie men. I'd meet this datiL;ci'. .Mr. .leiickes and dihers ](rd|idsed measures to lest liy exiim- inatidii the iiitellcct na I ami ( (litcatidiial i|iialilieatidns tor oflicc. That is |)dssilili'. The iiidral fitness is mit Sd easily tested. Ilnl the man who is mentally (|iialitied has taken a hjiiL; ste|) tdwaids the cdinjiletc i|ittililiealidn Idr ollici' wlii(di tlie |Ullilic welfare ie(iitires. 4(1 I N y] F. M II 1! 1 A M Adil til Ml-. Jciickcs's iiitclli'ctual qrratiicss. tlie fart tliat 11(1 iilir r\ rr i [llrst ii ilin I liis lii\'all\' In liis <-|ii'lit ill Ills protrs- siiiii. liis Invaitv tn liis lnnnc in his ilcmustir ami smial lilc. his Invalty tn his |)alilir ilutics in tlir ilisdiainf nt his piildir trusts, anil that ^-inild lir an rnhiny I'nr any iiian. 'I'hi' Scriptures say thrrc is nunc ]ii-rl'rrt. nn. not unc. ( )nr iVifiiil was not ]>rrt'i'i-r. l>iil iVinii thr hanlest nf human lips, the liiiniaiis. caiiii' thi- maxim. "Nil iiuirtnis nisi liininni."" Ilr seemril tii nir as he lay iipmi his liicr tn aihl " nisi vt'iiiin."' I havi' iilii'veil him. Tn i-lnsc in thr wnnlsnt' 'rciiiiysnnV ( )(lc tn thi' (irrat Dnkc : " Speak iici iiKiri- iif his reiiiiwn. Lay your cartlilv fancies down, Ami ill llic vast ealheilral k-ave liini Gi»l arceiit anil CJirist receive liilli." KEMAl.'KS (II' lliiN. WILLIAM W. IIiU'l'IN. Mr. Prcxiilyiif : — It ma\ serin presiimptniuis in me tn staml up hert' after llie eln(|iieiit \\iirils that ha\e keen llllereil liy ni\' lirelhreii nf the kar: ami. sir.il is niilyan imperati\e sense nt ilnt\' and jnstiee tn the nieiiinr\' nt llie ileeeased whieh temjits me tn sa\' a wnrik I shall neeiipy kiit a lini- ment nf time. Sniae trikilte may [inssikly lie expected frniii line wlin has kiinw 11 Air. .leiiekes Innu'er. jierhaps. than an\ gentleman nf the liar |iresent. nr in the State, withmit elaim- iiiL;' tn ha\ !■ keen an iiitimati- friend nf his. nr a eniiliilential friend in kiisiness nr pnklie matters, kiit. yet. whn has keen in such relatiniis Inward the deceased as tn ke alile at tliis time, iinw tkat Ids earthly career has elnsed, tn fnrni a enr- rect jiidi;nieiit and estimate nf his (diaracter. If, sir, the imiiressiiin w liicli his character has left npnn my mind were lint line {A' admiratinii and respect. I shniild liaxc reiiiained T 1 1 (I ^r A S A I. I, K N .1 K X < ■ K K S . sili'ul. r>iil. sir, iis lliat cliiiniclcr lias iiii|iicssc(l iiM-lf iin iii\" iiiiiul. as ail Hillside iilisciAcr iikut and iiiori'. \\il|i a ]Hi\\ (M- and iiilliiciirr tin- ill'ii-l ol' w liiili I ((iiild mil icsisl. I am 1)1)1111(1 111 say in wlial thai [idwit and iiilhiciicc ciiii- sistid. Niiw , sir. 1 lif ciildiicss of Mr. .Ii'ii(dr O R 1 A >t (iiic would dart' tn'jiresent any dislioiKirnlilp proposition. Tlial. sir. is what niv expi-ricnic ot' liini lias t;;ught me, and I liavt' conif in contact with him in trviu;;' and delicate posi- tions where he was personally interested. Where (|uestions of ])iilicv and expediency were aLjitatcd. he always planted himself st^uarely ujion the [irinciplc of trntii and right, whether it made for him oi' made against him. And, sir. that was the secret of his jxiwcr and the secret (if his inHuence. 'I'hat is the reason that he had such control over the minds of the ]ieople of this Slate. Why. sir. it may he said o)' him that lie \\'as considered a safe man — a safe man as a counsellor, a safe man as a legislator. — and that when he had made up his opinion upon au'i' sulijeci. it was alii'iit as mar correctness as human jiowcr could allain. and it \\ as in this spirit that he \\alked aliroad in oui' connuunit\ . The pulilic iuipiir\ was: •■ \\ lial is Mr. .)en(d\es"s o]jinion /"" '• Has he gi\'en an opinion? And the rej)ly was: -'Mr. .lenckes thinks so and so. and ihe people weie then satis- fied that that opiuion 'was coneet. lie has gone Irom this to a higluM aud a lieUcr state, as we tnrst. i'dr. Iiefoie I close I am ha|)p\ to take I his o]i])or- t unit\' of sa\ ing 1 hat 1 am infoiiued that iii I he closing liours of his lifi'. in full jiossessiou of his mental powers, he gave high testiniom to the truth and hiiidiug oliligali(Jiis of re- ligion, and passed away in the Impe of paidon through .lesns Christ. ( )n moiioii of llou. Iv II. Hazard, the resolitiious w I're uuauimouslv adopted, aud the I'resideut was instiaicte(l to jiresent iheni lothe('otnt with a rcipiest thai they lie en- tered upon the iccords of the ( 'ourt. aud also instructed that the\' he jiulilished. and that a cojiy he forwarded to the famih' of the deceasetl. THOMAS ALL K X ,1 K N ( ' K K S . 49 PROCEEDIN(;.S IN THE SUPREME COURT. Satukdav. Xdv. 20. IST."). [Bi'tnru ('lii<'r .liisticT DiM'li'C, ;ni(l .7ii,-^tirch Puttrr ninl MMltixm.] At tlie (ipcllillL; III' llic ('iilirt inall\' nf tlir inrllllicrs nf llic liar wrri' |in'Sriit, mid tlir llmi. Saimirl ('iinr\ incsciilcd tlir I'i'Siillltiiilis liTlti\r til tlir ilrrrasr iit' tlir llnll. Tlliiliuis A. .Iriirkt's. ailiiplril iiii ihc Ulili instant, at a iiirrtin^ ut' tlir nirnilirlS III' tlir I 'li i vjilrlirr ( 'i Hint V ilai'. ailil rri|nrstril lliat tlll'V shiiulil 111' mlrlril ill llir ITriilils iif tllf ('iHll't. ( 'liii'1' .lustier Diiii'i'i' rrs|iiiiiilril as I'lilliiws : — We willingly i;ran( llir ici|iirst iif tlir liar. It is ciiii- iirnlly lit that this ( 'miii, lirl'nrr whii-li Mr. .liMirkcs prau- tirril I'lir nii.irr than a lliinl nf a rriitui\'. shniihl jnrsrrvr in its iri-iirds sii just a nimiMrial uf ihr cstiiuatiini in wliirli hr was hi'hl liy his iinifrssinnal lirrthrcn. The -wisli has l)i_'eii (■X|ii'i.'ssril that thr ('iiiirl will imt let tin' iiri'asiini pass w ith- iiiit adilini;- tlii/iv tiiliutc tu llir many kindly I lilmlrs w luLdi his drath has rlirilrd. Il is riitindy riinsiinant willi nnr rc(.diiiL;s tu i^ratil'y this wish, tliniii^h, t'l.ir nixsrlf, 1 ran Inil h'ol that I liave litllr In say wliicli lias lu.it liccii alirady hcttcr said liy nthcrs. Thr praisrs wliii/h lia\i' lirni licstuwrd iipmi .Mr. .Imrki's aiT. I think, I'lilly ninilrd. Ininii'diatcl v iipnii runiinL; tu llir liar, he tiiiik rank aiiniii'.^' tlir Iradrrs nf ( hr jnnrrssiiin, oO IN j: K M O li 1 A jM anil quicl'ily oiitstripptd all Imt llic veiy foremost cif tlicm. Hi.s I'iiKiw Irdnf of tlu' law. I1i(]11l;1i it iiniv lait liavf liceii systciiuitically amasseil, was ci' iiiniiciisr raiin'c and siiiou- lar accinacy. I du not (liiiil< llicrc was niix Icg-al ])rcilik'iii too intricate I'ltr liis analysis, any reliiienient l(iij siilitle iVir liis apjii-elicnsiiin. any doctrine loo re^jnlsive for liis stud^', or any impiiry Pki recimditc I'm' liis indefatigalile rescarcli. lie ^\as c(pially at lionie in the lilacic letter folios and in tile most recent I'eports. His menuirv was niar\ clloiislv retentive, and ^\'as enriclieil wiih the choieest treasures of liistory, jiolitical [iliilosupliy. and ancient and modern litt-ra- ture. He is said eve]i to have lieen euric.insly learned in many matters \\liicli are oidiiiarily n'iven over to s]iecial study. lliU lie was mi pedant, and ne\er made parade of liis learninn' to attract a barren admiration. He Avas not a captivating jnry adviieate. hnt. in his addresses to the court he was always elfective, and he not infrecjnenth' produeeil a profound impiession. Wht'n 1 used hrst to hear him he Avas somewhat deficient in clearness, as if hispoMcr of ex- pri'ssion was not commensurate with his po'\\'er of thouqht, hut he oul^rew this defect, and, in some of his later efforts, he spoke with a (-(impact and massi\e energy of argumenta- tion, ■which -was as Inmindus as it was irresistihle. 'J'liis was so especially in the speeclies \\lii(di he made on great })ublic (piestions, lidth in onr General ^\ssendjly and in Congress. When J came midn the l)eu(di. thei'e was a. cause av\aiting decision in which the late .ludge Curtis was e(_innsel against him. It iuMilvcd a valualile "water j;ri\ilege, and called IVir a disciissidii mit only of Adlumninus masses of eontradict(_iry testiuuiny, hut also nf complieateil theories and hyjintiieses in hydraulics and mechanical engineering. I did not liear the vira voce discussion, but judging from the written and T 1 1 O M A S A b L E N .1 K J< (' li !■: .S . jiriiili'il iTfdid wliicli was hiiil ln't'orc iiii', I tliiiik il imi tiui iiiiicli 111 sa\. tliat ill till' iiiiiintc iiiaslriy nf rar(> ami linnrrs. ill till' ras\" liamllilii; 111' sciclilitir ami liial lifliial iral |irii(ifs. aiiil ill tlir liinical ilispnsit inii ami iIcn rlii|iim'iit nl' (lie ai'- <_;uiiiriil as well. Iir was a iiiatcli. if imt iiiimt than a iiialrli. for liis imnc t'aiiiniis aiitui^niiist. 'I'liis, liiiwrNi'V, wasa i;asc ill wllirll riilllisci liail til ilral \\itll a lUriirllll i| not ii i|l nt' t'art. In lir (IctcllllilU'il 1>V illillUt inll ami rxjicri liirlil. In pmvrr 111' vfasniiiiiL;' liv ilrilnrtimi frtiin Ir^al [ninripli's ami ill surrlli'ss lit' jllil'^nii'Iit in llic a|i|ilicatinli nf Ir^al pliliri- pk'S, 1 (111 mil lliiiik' ,Mr. .Iciirkcs wastiir ('i|iial nf ,lii(|i_;i' Curtis, il', imlcfil, .Imli^c ('iirlis. in his lalcr vrais, liail liis fijiial auywln'ir in llic cniinlry. Mr. .Iriirki'S was imiri' than a lawyer. lie had (lir capaci- lii's and llii' asjiiratidiis ul' a statrsniaii and a lr'_;i>latiir. Hr had, l thr slatcsniaii I'ariilly nl' prrxisiiin, ami he elcarly I'lircsaw llir roniiir^ stnriii nl'thr lair rclicllidii wliilr it ■«iisyi't merely inutleiiii;.; in the distance. His eouran'e was as eiiiispiemius as his I'liresiLjIit. In the darkest ihi\s nt' the war he llevel', I'nr a lllninelit, despaired nt' the iji'pniilie, and never, I'nr a iiiniuenl, eniinselled any Imt the linldcsl measures t'nr its preservatinii. 'idie prineipal prnnl' ul' his legislative talent is nur present haiikriipt ael, wliieh he eai'ried thnuinh ( 'nnnress liy his imlninitalile perseveranee, and which pmniises tn remain a jicrinanent jiart nl' mir jnrisprudeiice. ( )iir patcnl and cnpyriniit laws, in their reviseil t'nriii, are alsn his wnrk. lie initiated cniupi'tit i\ c exaniinatinns fur admissinn in West I'niiil. In the matter nl' ci\ il servici.' rel'iirni, he was in aiUance nl' his at;'e, lint a rutiiri.' geiieratinii will gather the I'mit nf his hilinrs and will ernwn tlieiii \\i[\\ eiidiirim;' rennwn. The liar nl' Klmde Island may well lie prmid nf sn illnstriniis a recnrd made IX JI E -M O R I A M l)y a lilinde Island laAvvor. and may well lament that a mind so ripe ill wisdinii, s(i rich in iTsnurct's, sd frnitfnl of great desiq-ns, has been eut off so eai'h' in its career. in comjiliunce with the rci|iicst of tlic liar, we direct that the resolntions which ]ia\c Keen [ircstMitcd. and which so a[)lly characterize the talents and services of our deceased brother, he erdered on the records of the Court. [J'fi,r;,luin .Iniiniiil nf Ihcnilur l.'!, loT.").] 'I'lir follow ilii;' L;raci'l'ul roliililiniioation toucllhli; tlir ilo- mi'stic lilt' ol' ;i iii;iii wliosi' piililii- srr\ires :irc a. ]]art of llie laiiii' of (lie Stair, is from one who liail iiiliinalc o]i|iorlii- liitirs to know liiiii, ill liis |iii\alc iclatioiis, ami wlio iimlci- stooil till' (| iialilies lliat rmlcari'd liim to his fiicmls and madi' him the ceiilial liniirc of a ha|i|iv and (k'liijhlfid Iiouil'. " They are the native eoni-tesies of a feelini;' mind, slmw- iiii;' themsi'hcs amid steiii xiftncs and masculine encinies, like gleams of lii^ht on puiids ol' rocks.'" 'I'his lieanlifnl siunle which the poet, Dana, uses in sjiea.k- iny of a respeclfnl and alfeclionale son's allentioiis to his mother, mi'^lit well lie employed to deserilie Air. Jeiickes in that relation, liis I'enard for his mother's cond'ort and his wafehfnlness of lier wishes were as eonslaid as they were Luu.ihtrusive. The lirst time I saw the mother and son together. i\lr. .lenekes drove nie out to his summer residence in Cundier- land. The famiU had now outgrow ii tin' house, and he was liuildini;- additions to it. "Additions, not altt'rat ions," he said, as we approached the homestead. " ^'oll will find a peiMiliar house. This is my mother's lionse : she Imilt it, and likes e\er\ room in it: it Wduld distiirli her to make any ehange in it: so I am just liftiiiL; her up into the air. .")4 1 X yi E Ji () r. 1 A >r and plotting' new rooms uiidernratli." In fact, tlio old house remained luialtered till Iter deatli ; iKir, I lielic\e, did he ever allow the apartments ^vhich had heeii hers to he inter- fered with hy improvements. ('ne marked feature of Mr. .Tenekes"s eharaeter as it pre- sented itself t(i me. one of which 1 liave seen iiu puUie mention, was his lnvo of nainrr. I never saw him at the sea-shore, nur among mountain scenery, hut 1 was often at his house in the (■ountry, and had opportunities of oliser\ing his knowledge of trees and shrulis, and their hainits and preferences. •• lie spake of trees, from tlie cedar tree that is in liebanon. c\cn unto the hyssop that sj)ringctli out of the wall." lie Ivuew the notes and halnts of the liirds, where to lind the nests of such or such a sj)ecies, where to look for the fi-iuged gentian or (itlier shy llower. As he had an intimate aci[uaiutance with cvei'V lowlv plant, and a special friendsiiip with each nohler tree, a walk with lum alxuit his farm was very pleasant, wliethci' in the early summer morning he nuule vnv wade through the dewy grass wdnle wc countccl the different kinds of ti'ees( I won- der if the list we made is still in existence ). or in autumn he gathered handfuls of ripened leaves and discourseil about tiieir glowing tints, and iille(l the hour with wit ami wisdom and poetry. Perhajis, as 1 stcjod at the door, he woidd e(.>me from his library and call my attenticm to the play of light and shadow oV('r the tields, or interrniit himself in some prcd'ound re- mark to hid UK' listen to the sound of the pigeons" wings as they went and canu', "like so many ladies with silk gowns rustling througli the air," he said. He knew all the traditions of the country, and would tell the stor}- e(.)nnected with the spot named " Nine Men's T J I U M A S ALL K N ,) E X C K K S 5o Misery," as we dniNc aloui;', ami why '' Itoliiii Iliilldw" and "Marlins Way" Imic tliosc nanus. Wlurc snnir ilciii ruttinn' liad liceii mailc. lii' wimld iihscrxc Ihr masses nl' sand and speenlale nn tliea^es iinplied in sueli \ast depiisils. Next, perliaps, sojne sassal'ras trees wunld eateli In's e\e. and lie wiiuld stale tlie faet tlial lliere were no (illiers nearer than sneh (ir sneh a spot. \\'lien he spdki' he !4a\e mie so nnieh to think cij', that line was i^lad of the hnii;' sileiiees whieh he intei'peiseil, (I iniL;lit say whieli he iiiiposed,) ais gi\'in,L;' (ijipiirtuuity for relleetini;' and reniendieiann'. 1 \\all';ed tliroUL;h his grounds a lew" da\"s an'o. and iVIl how sad it was to miss that strniiL;- ])er\adiML;' presence. 'I'lie grand oaks remained, Imt the n'land spirit that had wat<'hed and lo\-ed them had departed. l'erliaj)s those who met him mdv as the prei'ieeiijiied law - yer, or heard oi" him oidy as ahsorheil in pnhlie dniies, nn^ht have Seen him in \et another lii;ht, had they known that he was earefid to ha\c a lieindi placed an.innd the lari^c lilaek oal<, jnst outside his gate, that tiled w'a\ I'arers might there sit and rest themsidves: or. that \\r had seats here and there in his woods, hei/ause hi' liked to think when he was away, that rural lovers or young pi'ople from the \ illages aljo\'e and lielow Would come there on Sundays. That Seems to me a, tender thought in the man with whose coldness his fellow -eil izens wcie wont to find fault. I do ]iot hesitate to sjieak of this cold niiiiiner of his, hecause all \\'\\n will read what I am writing are aware what \'\as the general impression with rcgai'd to that, lint let me add. that for my own ]iart, 1 always ihoiight this lordU' indiCler- eiice liecame him. It suited his size, — it suited his ^oice, — it suited liis turn of expression. 56 I X M E M (J K I A M Tliere was )u>tlnng petty in Ids manners, nor in liis moods. Direct and weighty Avas las step, in every sense. ]\Iagnani- moiis seems to me tlie one A\'ord that best deserihes liini. I liave lieard a friend say, if tliat word were not in tlie Englisli langnage, it wonld have l)een invented for him. Indeed, these were the two things that most impressed me in my aciiuaiutanee Avith him ; liis love of nature, and liis magna- nimity. If lie ever felt that he Avas misunderstood or insufheiently ap})reciated, — and I haA'e seen liini when he niiglit so luive I'elt, — he lietraved no siudi feeling, and c-Diideseended to no cdinplaiid (if man or circunistanee. That the tenderness ih'ep-seated in his nature was nut often sliiiAvn nr generally reeogni/A-d. — Avas it a fault? Was it a merit? Wlin wmdd "wear liis heart upun his sleeve for daAvs to pei-lv at ?"" Amiing tlie sweet Avatcrs of the caiili, not thr least to ho admired and jjlessed is the eool hrooklet, which solicits our notice with no hulililing out-burst or Iniglit overflow-, Ijut betrays its existence only by the greenness tliat marks its course. A man's home knoAvs most about his heart. ()f ^Ir. Jenckes's political, his jirofessional, his business life, I can say nothing. It was in his home that I saw him. and there I saAV that to his young daughters he was (he ideal of nobleness and excidlenee. I niav ]ierliaps lie paidoned foi- saying of that one who was early taken from hini, and wliom he has noA\' gone to meet, Avliat might be less proper to relate of those a\'1io survive to mourn him, — that I have seen a llower presented by him c(| \\;is iriiil nr (-(11111)111 led 1" iiiciii(ir\ : ;i wdid (if a|i|ii(.li:iti((ii IVdiii liim (mII.mI ii|, ;, Mll-li (>t lilc;isill-c. His l-('ln|-|i nftcriili ilh^cllcc w ;is t lie sic- iial lor i-cidiciii-'. and his wish when il i-diihl he ascertained was law. and the hiw was (h'li-hl, as i( was Id Ihe I'sahiiisl. 'I'hat .Ml', .leindxcs was seiisilile of his dwn. 1 will nol sa\ (h'lieieneies. hilt iif his iiiachM] iiae\ of inaiiner. the rdlldwuii^ e\t raet iiia\ shew . \\'lii'ii "Ihe shaft iVdiii ihe i|iiiver nl the ihirk an<.4cl had >li'i''l-.fii "lie df his ll(i(d< ( these are his own Wdids. i I was sillllllKilied 1(1 liis hdllse. ( )|ie e\cnine he 'j^-.wr liie a '••Iter ill which, alter iicLi^ine me ■■ ],n\ Idlhink il stiaiiL;e thai he was speechless.'" and reiiia I'ki 11;; dii ihe slarlliiiv suddenness nf his Iiciimn eiiieiil . he said df this lieaiitilnl and lield\ ed dall'^hter. his Ida : •■ Td lilc the less is greater lli.-ili it (■:ili lie t( . all (.llicrs. She vv;is an (■niaiialioli IVoni iiiyscit, svherc all that was nidc. Iiccaiiie licaiii il ul. all that was hard, haidci',— all that was harsh .■iiid sc\'ere. i;i'iilli-. - and all thai was sliaai and reii-li hccainc sweetness and (di i^aiicc. She had s(i interfused heisidt' wilh ln\ life, and sliew:is s,, hcallhr and liiire. that I never theuuht ef eNistin^ withmn her. J (-(.iild resiun her t(i lieconie the jex.lhe li'^lil . the eenifdrt ef s,,!,,,. |,|ave niairs liomo, hut I had iie\-er II L;ht ef lia\ in- la r tern lioin nie- - lliiis. (), hew iniicli IIliIiI has (le]iarted Ireni ni\ heuse I "" It I ha\c erred in writiiiL; Idd treeh of those sacred ihiiid's. do tlani. dfeat shade. I'dfeiM' nie .' When, in IMIO. Hie era. not of eiHid fe(diiie-. Inn df lordi- liyht jirdcessiiuis. there was a \cr\ larL;(' show id' that s(nl in I'roN ide nee just I add re .\lr. Li liei d ll's ideel i( Ul — In Inc. ea/.in" idl} ul the Iiuil; arra\. sn(hleiil\ eaine dnw n .Mr. .Iiunkcs'.s IN M K M <) l: 1 A M \iiicc. as he stood licsiilf inc. willi (lie worils. ■■ II wdiilil not lake lilllrli to tlUII lliosc llli'll illlo solilicis." and hr went on liiddiiiL; 111!' inianilic thosr lares all set sleni iu liatlle. Al- iead\ lie saw llie a]i]iroacliiiiL; conHiei. and. as I listened to liini. 1 eoldd almost lia\e laili-ie(l liis tlie xniee ol some He- liiew seel' in the ila\s ol Kiiin lieliolioam. and m\selt a woman of -leinsaleiii. Ii('diet ion of war lietween -Indali an. as m\- reaileis aliea(l\ k now . one of I hal class olreinaikaM \ liriuhl men wild L;railnaleil iVom I'liow n 1 iii\ crsil \ in ls;!S. I "ell rcmtiiilier iheir ((nnmeneeininl excicises. ami liow ileli^lilcd ! was wilh till' liiillianl eflori oj' .Inilee IJrailhA on llial occasion. I inlroiliiceil iiinscH' lo liim llie same e\i'nin;_;al |)|\ Waylaml's le\ ee. a nd t li lis oni' aci| ua inl a nee liei^an. .Mr. .lelickes I iliil lioi llleit till lolii; afl el W a Ills. I look iii\ oflice oil llie corner III ( 'olli"_;e anil Soiilli Main, on llie I'litli of l''el)rnar\, .\. I ). IS-'iN, ami ciimmeiiccil Imanl- ine' wiili Alai\ .\iin Sinilli. the (^)iiakei- lail\, in llie rear of Aiinell sireel. l'a\iie was llieie. yoiiiiL; ami liri;_;lil ami lmo\anl. seeing e\ ei\ I liiiin'. Iiearine' e\eiy I liinv;. rcailine' e\er\ I liiiiL;. i-eincmlieriiiL; e\ ei \ I liin^. .Ames was lliere. a yoiiiin' liachelor. in all the |iriile of liis eail_\ manliood, Iniiii fill of his |irii|essioii : slroii^. eonhilcnt. lio|iefnl. wilh his ea/.e alieaiK lixcil ii|ion thai posilioii which he wa> so soon ilesliiicil lo iiccii|i\, llie forelliosi [ihlce al the liliode Islaliil iiar. I'axiie ami .Icmkes lioanleil anil nioiiieil loLiclhcr lor fiO I \ M K M u l; I A ^r ;i Iiiiil; tiiiir ;i( Willi:iin 71. SiiiitliV. I'Mtlicr "!' (lur iiresciit .Iiiliii \\'.. and till' tirsl ircnllcrt inn I lui\c (if .Iciii-kes, is l*,i\iii' tflliii;.; iiic thai hr wauled Ui liccninc my jiiirtlicv. 'Iliis must lia\r lirrii in tlii' siiiiiinrr (il' lS4(t. .IriKds'cs \viis tliiMi a liUiir ill cDlleL;-!.' and sludsinL;' his |)riifcssiiin al the same lime with Samuel V. AtwidI : and the (irsl lime I call recall lia\inL;' si'cn M r. .Ieii(dii. Mr. .)i'iiclss. Ami IhiW iiai-d it is In sii]i|iicss the wish tii dwell fur a iim iiiriii ii|i(iii sdiiic (if till' srciu's w liiidi traiisjiiii'd llirrc. W'liat rnlllllint itili ailil wlial illlclISC cXritrllli'llt tliat iild (iHirc nf iiiiiir witiirssrd wlicii ■Idliii W'li i | ijik', {inveriuir l-'raiiiis and l-".lislia it. I'littrr wi'if sent an iMnliass\' tii \\'asliiii'_;liiii in |H'1itiiin .Inlm 'I'ylrl- In inlrl-])iisc till' anil uf llir Irdiial '^ii\- eriiniriil ill iiiir liclialf. Wv. .Iriirkcs jmsscssiil li\ far tlir llinst IhmTitI (■(illiMliiiii 111' diH-linirllts ami Irttrfs I'l U" a liis- tiii\ 111' llir |)iiir iTlirlliiiii lit' aii\ man in llir Slalr. I lia|i- firii 111 kiii'W tlial il was his ptir|iiisc In sii| iciA isr the rdiliiii; I'l --mil a Wink, ami that hrfurr hr iliud In.' |ilari'il llir |ia|iris ill llir hands lit' iilii' riim|H'tclll In ihr ttisk. W llirli rrr liHi'^ will lir Well diHir. It is nut nasy I'lir llnisriil' Ihis Lji'iicitttiiiii In rralizr ihr )iiililiral riillinint il 'lis wliirll a^it.lli'il iiliv littlr Slatr riiilil Sf|iliMiilirr. |S-|(I, III (hr adopt imi nf mir jursriit rmisl it nt mn ill \X\-\ — ihr Ihirrisiin raiii|iairn. tlir !)iirr irlirlliun. Ihr Iwu iiiliv rill inns In Iraliir a riinstit llliiin. Mr. .Irlirkrs was scr- iftaiA' III' liiith.and in llirsr suMTal raparitirs of (Ink nf the lliiiisr. SiTirlaiA In tlir (in\i-innr and ( iiiinril. and SiTlTtaiA" nt till' ( 'nn\ ml inns in tralllr tllr must il III inn. Ill' iiiailr ihr pcrsniial aii| iiaiiilani r nl i'\i'r\ IradiiiL; man in llir Stati', and prji'iuiiiril an aiiinniit nl' lalinr w liirh wmild niakr snuir III nlir llimli'lll ntliir-linli h'ls iiprli llirir r\CS. ( )m' lilrlr rpisndr iirriii's In ]m' at this iminirlil. I mlrl rJir nlil rharlrr. till' (Irlirral Assi'liihl\ liii'l rxi'i'y Iwn yrars ill ( )i'tiilii'r. at i\iliL;slnn. and I hr srssimis nl' ' ( 1 and I-! wi'ir stirrini; and it'inarkahlc nijcs. i;ind<4('t \\as thrrr in l-J with 62 I X :\i E M () K r A >[ liis accniinl i)t' ('X|iciiscs iiicurrrd in llic lidlinniiam affair, anil iriany cxritiiiL; sclmics (u-cuitimI hutli within and witliout till' Irt;islatun'. TIiosl' of us wlin sui'vi\i' rannnt rt'call those SL-iMU's withiiut a thrill nf niclani-lioly [ih-asurc I'.nl, alasl wliat desolation hath nut death made in our ranks'.' (iii\ernnr Keuner and almost all his Senate, (ieneral (ireeui-, Sam. Ames. William Eiinis, (ieorge lii\ers. ISlodget, .Jeucke.s. and recently our old friend Samuel A. ( 'ow of Westerly. At the session there in 1S41, Madam I )'IIaute\ ille. the ilaughter of l)a\iil Sears, of ISoston, was di\iireed li\- lie' legislature, and after the ili\nree. .Mr. Sears took .leiiekes lo llostoH. and kept him a week writing a histor\ of the married life of his daughter, and of the di\oiee. whieh \\a.> |i\dilished in a Imok.' Ilesides these [mhlie didies. Mr. .lem kes's jirot'essional hie tor its lirst deeade I know to have liei'U a liiisx one. Ili-> iViend (ioveruoi- .Vnlliony has alieady told \our leaders, iu that admiralile and e\liausli\c arliele jiuhlished the da\' after his death, of the mai'l< he made in his eorreet interpretation of the liaidN'rupt law in 1S41. lint lii> lahors were multifari- ous. i'Aeiything he did was well and thoroughly done, too, anil when I look haek to those ten years, from ISfn to 1 S.")U. and eall uji the men and scenes of that [leiiod in and annnid * Tlii- is not qiiiti' riMTCrt. Miiihniiu ]>'IIallte^ ille wnc iinr diMncnl IVom li.r liiislianil In tlic l,i'i;ii-liiliin' nf HIlimIc l.vhiiiil. In .Tiini-, KSII, llir Lc^^i-JatinT i.asM-il an ;h1 to sci-nir tlic tnlliiiniiil ol cntaiii iiinnart> ami lor ihr iclirl Hr niao-ii-il ncinn-li ill rrrtain i-aM'>. Soon attrr il> |ia>>.'i,i:r, Mi's. I >'l lantcvillr rainr to \r\v- jMU'l and rciiiaini'd tlici-t' tluiiii::- lliat Miniincr. At tiir iirxi M>>ion, (Ortol'rr, ISII.) I'.aron l)'llalll^^ illr liitilionr.i the Llv^iMatlllT to \iv i-Mcl.tl-il from till- ■ ■licTitioii of tliis an. Mailann' D'llaiitin ille o|p|iom;I his piliii and a MnncHiiat ari-inionion> dcl.alr Idllourd. and this il is to wliicli II. rrl'crs. Tlic fact lliat Madame U'Uantix illc ilaimidin licr rcm(mstniiicc to lie not .a resident of liliodc Island, looiv 1 he jioint tVoni the |'etiti(»ii of her lin^hand. and he was iiranted leave to withdraw. 'I'lie law still stands as eha|itcr l.jl of the (ieneral Statutes. ■[■ II (I M A S A 1. I, 1-: N .1 I'-.N (■ K KS. t'.M ( 'iillcni' siri'c'l. I lliiiik. I;ikf (licm all t(it;cl licr. fur iiiid- li'cliial st I'clinl li. I'll' 111 inlil iicss. wit and social i|iialilics, llic\ were iir\rr sui-|iasscil in llic liisl(ir\ ol' mir Siali'. Ilivcrs was tlirri'. lit (■(iiii|iaiiic>ii luf .iciiulil ami l.aiiili in llicif [laliiiicst ila\s. Allies was llirrc, tlic t'i|iial uf aii\ law\cf in Nrw l'',ii^laiiil. ('lafkc was llii-ri' in all lli^ \(iiiii'_;' slirni^lli ami Inilliaiii'N . t 111' unl \ iiiatdi lur ilixcfsal rr|iailrr. ilail Was t lirrr. L;i\ ini; carl \ |)riiiiiisr tliat In- wmilil rrr Imiu; ln'- iniiic the licst adxiiralc at tlir Kliiidr IslamI liar. Tlic .liinrnal iil'lirr ami .Idiinial ulliri' i'lii|iir wcit tlinr. Tljc ■|'. l;. I. A. ( ). 1",. F. was tiici-c. with its liiilliant aria\ ul' laleiil. wit ami Icainiiiu;. riimiias W . |)iiir, riimiias !'>. I'"(iiiicf. W'alliT S. 1;iii-l;cs. Saiiiiirl ('urfcv. so Imiv; its srcic- tai\. ami 1)1 licrs. 1 liaAc nrvrr listcnril tiian\ disciissiniis w liii-ll I lliiiii;4lit siif|iass(Ml tlmsr wc nsrd In lia\r at mil rM'iiiiiLi \\irkly im-ctin^s in llir liasiMiiriil (if llir nld .iiiiiiiial utiicc. I'lii' sni-irl\ r(drliiatrd (lie I'lUntli nl .llll\ in -iaii- iiar\ witli a sii|i]icr al (lie ('il\ lliid-l, am! an nratidii and a |iiirlii. Il iiiaA lie thai Ihiisrnr tile l-"ninkliii S(iiirt\ ri|nal (Jills. lilU il dnrs nut srrin 1(i Im- | idssililf. Tliilik iif an nia- timi li\ (ii'iiri^r l;i\rrs. in w hirh r\fi\lind\ and i\ cia I liin:; Were hit liLjIit and Irl't. and a jmiiii liv (iriinal .laims (i. Antlinii\.(iii llir same ex I'liiiiL;', \\ ilh .Maynr llridnhaiii |iri'- sidin- at the talilc .Mr. Iliintrf. Mr. ,\twrll. .Vllicrt (I. (ircriir. and 1 iliiiit l;miw wlin dsr. as i;iicsls. Sinh was the scene the lli^llt the news (if the liissnf the i a- \ i I c^t ( HI l'caidie(l Its al (llir least. .\lid in all these scenes and (icea- sidiis, .Ml', .leiiekes Was imisl | irdiiiiiiciit. nlialile and indis- peiisalile dl diir part \ . It is kiidw n Id iiidst |)ed|ilc in IJIiuih' Island, that Ml. JelK kes lived with Saiiillel I''. Man illilil he Weiil Id edllei;e, and tht'ic he h'aiiicd iiian\ a nscriil, jnaclieal Icssuii, w hicli 114 I N M I-: M II l; 1 A .M he lir\i'l' I'lilndt. Illlinli'^sl tliclll tlic alt cil' 1 h ink-ki'c[)il|i;. |-'c\\ i'\|ic'rls well- iiKiic t lMiiiiiit;lil\ \ciscil in il. I lia\(- seen liiiii (lctci-1 ami cxihisc iiiaii\ a well-laid srliciiic ul Iraud ill a srt 111 liniiks. Asiilc fruiii .Mr. .Iriickcs's lalinis a^ a law \rr anil a |iiililii- (iflicii'. lie iTiiilcrril an iinniriisf anninnl ul' srrxirc iluriiin llii'Srlcii \ rars iif a mrrc |iiilil ical iiaiiisan cliararliT. Taki' for r\ain|ilr 1 lie \car tlial (lir Sill itcrra ncans niailc C'liarlcs .lai-ksiin < iii\ iTiinr. 'I'lmsc nut rn;_;aL;i'(l in llial cniitrsl lia\i.' lilllc iilra III linW .iinrli liail 111 111- (liiiir : all nl-;_;an liail In lie cstalilisliril. a jir w s| la] irr, nlilcil anil luintiil. In aiUnratc iiiir cause. Il was rallril 77/r 'rrilnivr III' fill' I'li'iili. anil lliiil jdllii-sl n{ iiirii. ilnliirl SliiTiiian. n{ I'aw I in/ki-l. wlm was ils iinlilislicv. lias main a iai\ anrnliitr rniini-rti'il wiili ihr •• Kni^lils III' Ihr Kiiiiiiil Talilr."" as ils rimi riliiituis w m- rallril. Il liiis alrraiU Imtii slalril liv mir wlm klirw llir licsl wlial a rif(|iU'i]t ami sj)ir\ rniil rilintiir .Mr. .Iriickcs was ti, llir l'i(i\ iilrin r .liiiiMial. Iiiil il has mil lirrii liiM thai at iinr liinc. si inir w hrrr aluiiil '47 as I |-crall it, hr was Ini nian\ w crks ils snir rililnr il nrim;' I hr a lisriirc ul' its ii'Ljiilar (ililcil. ( )nr uiHiil rrirllil. ( 'harlrs .1. W'hrrlrr. su l^n^^lln- niTlril with till' .Iniiinal lillirr. ran irlalc iiiaiiv an intt-r- rsliiin stiii\ aliiiiil him at this |icriiMl. Mr. .Imickrs was ipiilr as rcinarkalilr fur llir rxtnit ami ai-rni'ar\. \i's. alinvr all things arriirary. iif his allainiiiriil> (inlsidr lit' his iirnfrssiiin as in il. 'I'lirrr wrrc h-w lieltci mallirmalirians vww aimuiL; ihr Icaincd pnirrssuis than hr was. llr was an rxrrlliiil prarliral sili\ I'Vnr, and his kimw- li-d'^r III' hisliii\ and liini^iaiihv I'Slcndrd uvrr a w idi- vauge, hdlh anririil and mndrin. I havr ncvri' iiirt thr man ul imilT ciin-iTl taste in, nr keener a)i|iieeial inn nt' piielry, (Tit'ck, Latin and Enyiish. T 11 U .M A S A 1. L K N ,1 E N ( ; K 10 ( i;.> Diiiiii-- llic tirst four yc:irs (li;il Iir w^is in m\ nl]\rr ]„■ ic:i(l ;ill lit lloiiicis Iliail in tlir iiiit;in;il i'ny ;iiniisrinrnl . Iml III- nc\ IT s;ii(l aii\ lliini; aliiiiU i(. I li> piix air lilirar\ . w lini III' li'lf nir. was iiiiii|iaiali\ rl\ sniall, Init r\ii\ linuk was a .H'l'iii : 'iiiil as I hranl Aliraliani rayiic (iiirr liailliriill\ sa \ lliat (III' ilifliTriicr lii'twiTii Mr. .Irnrki's's liliiars ami llmsi' 111 iitllrl' j;rntlrnii'n was. lliat .li'iirkrs knrw r\ rr\ I liiii^ his riMitaiiuMl. l'>nt My. .Irnrkrss kiiuw li'il^c was imt ciiiirniiMl in Imnks aliiiir. It' cNcr till' uju'iiun;' lilirs nf 'riianalnjisis — ■■ Til Iiiiii wlio ill the love of iialurc holiis Ciiiiinniiiiou witli her visilile t'nrnis, slie s]iealiilan\ . Ill' lirtiayi'il a t'amiliaiit >,' ami an intcrc^i. wlirii hi' I'liiisi' III sprak 111' Ihcni. (hat 1 ha\i' rairl\ hranl Inini till' lips 111' an\ ntlirr man. I am at ihis mnmrni iv- mimlril 111' a \ isil hr maih- nf a rml nit;ii( tn ni\ Innlhrr. j )r. William II. Ilazanl, at \\'akrrn'lil. sumc t\M'n(\-six m- seven ycin-s a;:;o i( may he. 'I'lir hiuisewas full i if \iinnL;' jirniih' thru, ami I think thry all (linl tii mak'r his visit jih'asani In him: hut my hiiithiT ami his \\ih' iii'Vei- rcasc tu siiiak of it (ii this ilav. Hi' hail laid asiilr all lalmr. ami was I'm- iim-c perfect ly aliamlnneil. He fniinil lliem all '^iiml lislm- ers. ami he e\iili'ntly timk |ileasure in jileasiuL;' thi'in. 'riir\ say his lialiit was, if he eiunnii'iieeil lalkini; npnii aii\' suhjeel, Xajiiileini Jlunajiarle ami his eampai^tis, fur iiistaiiei.', a( (he ilinner talile. (hr wlmle famih winihl freipienlK remain spell-liiinml fur an hnni-. enehanteil wilh his aneeihilrs ami personal reminiseenees. .M \ hrntlier. wlm. wilhinit an\ pi'e- 9 CC) I N ,\1 K M () i: I A M ti'iicc. knows soiiiotliiiii;' aliiiiit tv<'('s and plants and llmvcrs. has iit'icn luld nu' that in thrir ihiily riih-s every (Uie w a.s a new smprise tu him at the extent and miniiteni'ss nl his kndwIedLj'e. He seemed ]ieil'eetl v familiar with e\i'iy tree, shiiili. |ihinl and lldwci' in all the Narvueansett e(inntr\. w iiiidi is SI) saried in Imtanieal |ii(idiietiiin. 1 had seen siimethin^' (if lli<' men nf tins (;iiiinliy liehire I ^.a\\ 'riidnias A. .lenekes. ami I have seen a ^leat man\ sinee the li-'fll . Wt'eden. of Westerly, is himself no ordinary man. either in power or in attainments, ami has seen mmdi (jf mankind. 1 shall mner forj^'et the surj)rise he exjiressed whin lie tirst eame to know .lenidN'es in the General Assem- lil\. lie said lie had ne\cr known anytliinu' like the exii'nt and tlioroii!_;iiiiess of his kiH.iwledge. Ilowland (i. Hazard, a name well knowir to the foremost thinkers liolh in this eoiintry and in England, as a Avritei- npon political and philosojihieal sukjeets, and whose ae- ipiaintaiieeshiji extends among the higher ranks ol anthor.s, rated .Mr. .lenekes intelleetilally among the \ ery strongest men ill 1 his eoiintry. A \er\ few of m\ older readers may lia\e heard, jiossihl) seen, u man l)\ ihe name of S\l\amts llollirook, ii large T il () M A S A L L E N J E X C Iv E S . 1)1 niainir;icl iiriM in \\'(ir(i'>l('i' roinit\. wlm r;iilc(l .md (lird sonic \tMrs iii;ii. He was a liiaii nl laiL;r Inisiiio-- ra|iac-ilv, mill Ljiral i'\iii'riciii-c willi iiiiMi. lie cini ili i\ id Ml. .Iriiiki's 111 a \iT\ t iiiillili'siinii' anil ri)iii|ilr\ litiL;ali"ii al'lrr liis I'ail- urr. Fir liilil iiir lie liail liiril all llif IhisIuii law vrls anil liis piper was nut llirrr : ami lir lnM nu'. tun, wlial I liail ilisrii\ erril ti'ii \'rars lii'l'iirr that, that lit' was rapalilr nl' nimr |iniliini;ril, runt iniiiMis anil rlliTti\e mental lalmr llian anv iitlipr man lir {'m-v knew, llislivain was mil iinl\ sIiiihl;, Init tnm^li. in (his |iarticulai' 1 iirvrr niri his ripial in Imt niir man. ami thai was (iii\rrniir Strvciis. wlm maniril the ilannlilrr nf ririijamiii Ilazanl. nf >\eW|iiiil. ami waskillril a1 ihr siM-imil hattlr iii' Hull Knii. AVrlrmiir ]'"aninni. whuiii I iir\rr hranl rallril a IiniI. milicfil thr sanir tliiii',;. ami s|iiikr \{i mr 111 il mull' than imrc 1 will nientiiui llir nainr nl Init line iithi'i- Ljrnllrman. ami that is Dr. J->zrkii'l KnliiiiMin. J'resiilriit 111' i'lrnwii I'nivrrsity. lir w as his rlassmatr. imi saw lilllr nr mil him;- nf .Irlirkrs tViUll llir lilllr lhr\ ;_;railll- alril, in '-'iS, niilil hr rrtiiriiril tn the L'ni\rrsily snmr Irw \-rars a'_;ii. lir has lirni In hear .Iriirkes makr si'Mial ari;!!- niriil'^. ami il L;i\i's me |ilrasiirr tn kimw that siirh anlhnrilN as Dr. linliinsnii ailniits that llnrr air ^^^\ . if any. nun in this rniuitr\. his sii|irriiir in intrllcrtual strriinth anil imwrr 111' ar;4nmmitatiiiii. 1 lia\e a letter nf rnnimemlatinn finni r.en lliitli-r. rniirhril in still stmiiurr lannnai^r. w hirh I lia\ r niislaiil. I'dit 1 ilii mil irl\ n|inn aii\ ni.in's ii|iiiiinn in makiiiL; ii|i iii\ jiiilqim lit nf thr aliility nf 'riinmas A. JiMirkrs. I kiirw him in mir nflirr. J kiirw him in thr ruurls, 1 knrw him in his ilaiU lilr as frw nthrr men knew him. 'I'lie nirii with vvlinm hr siartcil in life wi'ir remarkalilr nini. .lainrs l'\ SiiiiiiKins. in ni\ ilclilinatr jmlnniml, hasii I his siiprrim- in (is 1 N M K M ( ) R I A M . till' Aiiu'viraii St'iiate tn-rlay. Saiiiurl F. Man. one of the allies! iiiiMi uf Ills times. John \Vliijij)lc was a host in liini- sclf; ami neitlicv nf tliein e\frHu-t liini, that tlicv did nut tind t heir uiatcli. Ask Judn'e •Inlm 1'. Ivnnwles tci give von an aeeonnt of a sjieeeli Jeiiekes made in a seeret legishitive caneus in Newport, nearly twenty years ai;n. wht-n Jenekes was himself a candidate for I'nited Stales Seiiator. Mr. Jenekes jiossi'ssed tliree n'reat mural qualities, wliieh rre(|iiently aceomjiany intellect iial strenL;tli : eonrage, furti- tiiile and paliein'e in as endneiit a degree as an\ man I ever met. 1 dn nut lielie\e he i'\er e\|ierieneed the Sense of fear. I ha\'e seen him in all kinds ui' danger, and wdien death stared him in the faee, and J iie\er saw him Maneh (inee. Heaven kiiuws. [uMir telhiw, that he had trnulile enuugli. |iersiinal, protessional. and nl a luisiness idiarat-ter. .Sliow iiie the man that ever saw him llineli. ur heard uue mnrmnr escape those lijis. I havt' seen him the leading counsel in a most exciting trial which lasted contiiiiioiisl\- fort^'-six davs. manifesting neither impatience nor ill teiiijier under the attacks of the numerous coiuisel arrayed against him, and this, too. while (himestic atllictioiis were hovering over liis hearthstoui'. Iliit I ha\c trespassed too hnig upon the patience of mv readers. Since Mr. Jcnid-;es hdt me in lS,"i1. J ha\c known him only as other men have kn E X .? K X C K K S . 69 [A priviitdi/ j)fiiil(() Minuiiirnph.'l Thf, statcsiuaii. llic lawvrr. tlii' man of Ifltcrs. and ilip fcacliiT. lia\c cacli in tlicir liiiii ;;i\(Mi lis tlicir rciiiiiiisiM iiccs iifTlKinias Alliii .li'urkc's. — wliy slmulil nol I. wlm am Iml a ]ilain man (if Imsiness. but yet niic wlm withal knrw snnir- wliat dl' llir man departed, wliy slimild not I add my lilllr. Id tliar already aecnmulated. that [msterity may learn why Slime (if us thiiught well (if him. Idiniwii hy the natm-c (if my aviieation into daily edutaet with the liest inleUeets in Ivhdde Jslaiid, I came liy ueeessity tn kiiin\ .Mr. .Ienid<('s, whdse mental r('(|uirements S0(jii made themselves manifesi wherever he was. If til the eom|iarative anatumist the (daw nf an animal is a sure e'llide in llie kind nf fond re(|llire(| liy ihe wearer thereof. (ir the jierturliat idus nl file surri niiidinL; ]ilanet> indicate with unerriui;' certainty t(i the cikiI and clearly rcasoniiie' astrdunmei' the existence nf a new planet, sn likewise mav dUe \\\\n knows the idiaraetcr dl lidnks detcr- niilU' the mental iharacler of the readers thercdf — liiinks, like their }irdgenitdrs. are cduipanidns. .Mr. .lenckes was a Miracious reader: he cdiild dcNtiinlhc (•(intents of a liddk wdiile ntlier men were cdusidcrine the (pii'stiKin (if reading it. He was a jiidicidus reader. kiidW- ini;' intuitively the pdrlinns td jiass nxcr unread. — fur all linoks are not to be all read. An examination of his librar\ \\iudd disehise bdnks in every department of science, df histi_ir\', (if literature, books 70 IN M E M O E 1 A M . not kept for ornament, but shoAving liard marks of use. He would sonietinies read tlie veriest nonsense as a relief to his mind after some severe mental lalior. His sense of the ridirnhms was keen, and his wit was hriglit. I have known liim to eome late from the conrts. while yet the sternness of liattle sat n]>ou his hro\\. sit doMii in his oftiee and read Uty an honr some of the light wilticisms of the day. like Pheiiixiaiia, or The Widow Bedott Papers, laugh at their nonsense and enjoy their fun. and arise from iiis ehair as fresh as a morning in .liuie. fldW mueli I have drawn from the stores of knowledge whieli others liave aet^uired with wlmm I ha\'e heen thrown in contact, the good Profcssoi' Dunn and the genial and gentle Alliert (t. Greene, were they li\ing. could anqily tcstif\-, hn' times witlmut numlier have 1 vexed them with m\ (questions, and listened in rt-turn to the con\ersation of men whose li]is Were alwa\s opened tor some good to eome lorlh. Among all the men to whom I am indebted for k'indnesses like thesi' there was ni) man to A\'hom 1 was nn)re inchdited than to Mr. Jen(dces. Whoever smote the ro(d< of his k-now'ledge was amply rewarded with the alunidant streams wliieli gushed forth. His jmlgment of books, guided by his immense reading, was good, for certainly his knowledge was amjile. anil he was as ready to describe to nu' the nn-rits ol' the latest poem, as to teach me of the smoothness and elegance of the language of the Instituti.'S of .lustinian. Never shall I forget a ride to Stonington. cluring whit'li Ml-, .b'lickes talked to nu' of the Konian law. a subject of which 1 was profoundly ignoiant. lie spoke tif the nnir- N'ellous recovery t)f the manuscript of (iaius. and of the rcmaikable similarity of its languagi' to that of the Institutes T Jl O .M A S ALL K .N .1 Ji N V Is. K S . 71 111' .1 llstilliilll. lit \\llilll 'riilldllillll liail lil'cll SU[ijMiScll In he llic :iulliiil'. llr alliMi>t n-|irat('(l llic splrlidid cliajilci' liuiii (iililiiill (III tlli'M' Slllijci-ts. anil witll cldii llclirc (liM'iUirsrd nt llic siiKMit lilii'ss anil iiiiiiiiliirss nl (lir laiiL; iiai^r in wliirli tlifsr aiirirlit laws lia\f nuiif ildwii tn us. niailr sii. as lie saiil, li\ llir ilisriissiiins nl tlir IJiiiiian law \ri's as llii\ iiacrii, alliT llic (la\"s \\iirl-; was nnlcd, llir llniir nl' Ilic Knniiii, disi'iissiiin' till' t'niiiidat inn and naliii-c nl' llirir laws, and innndinL; tlir |iliiasis in wliirli llii'\ Iniind cxiirrssinii. as tliL- |iclililc> n|Hin the lirarli Wrlr inlllldi'd illtn I'nrni and ]iiilisluMl li\ tlir rrasrlrss liratili;^ nl' llir suit' illinii llir sliniTS nl' llir sra. Tlir uses and ad \ anlaj^rs nl siirli a cnli \ i-isat inn tn a \imnL;' man air lirxniid ralnilal imi. nn mailer in wliat dirri-- linn liis A\all< nl' lil'r iiia\ Irail liim ; a dcsirr t'nr I'lniluT kiinw 1imIl;(' is awakriird wliirli iiiiist lir nialilird: iirw and Iri'sli t liniit;lits ainiisrd. and dilrrtinn and InriT ri\,.|i in \aL;iiraiid indrtinilr dc^ilrs. I'llllS llir wllnlrsninr inllllrlirr nt' tlir srlinlar snr\i\i's his dr|iart lirr. as Lnlinl'rllnw lias rcrt-nlh >i' w rll cxin rssnl it : wiirii a ui'i-'at mall ilirs The li)4lil lie leaves lieliiliil liilii lies Alonn' the ]ialhs iif men. Main a time l^ne I satin liis nlliee A\'itll liilii while lii- lelaled In nie stniies, with wliieli his mind was lilleiL.nl ihe [inlliieal slriiL^nles nl' ISdli. Willi what sjiiiit and eiilhii- siasiii he deserilied In nie his IVuilless sean h ihrniirh the tnwn nil the niL;hl nf ihelTtlinf May. 1N4-.^. I'nr Ihe emu- uiander nl' the Law and ( )iiler fni-ees, and linw. in the earl) liinriiint;' nl' the IStli. I he eniiiinander. (leii. Maiiiii Sinildai'd, emerged i'mm his liidine pluie and appeared uii the side- (2 IN MEM()KlA>t. walk m\ soutli ^laiii street, with liis excuses to (xovenior Fennel', \\liii listened to tlieni witli e(intenipt, anil seiziny' Stiiildaid 1)\" the cdlhir. liirust him into the street, whih' lie ejaeiilateil in liis severest tune: ''Anil ymia .Majiir General ! all'iiriling, as Mr. .lenckes laughingly said, the sliurtest trial and sentence li\' a euuii martial \\hieli had eonie witliin his kniiwleilge. A lew moutiis liet'ure his death, Mr. Jenckes requested me til gii with him lu Ids nlhee, where he gave nie a I'lipv nl e\er\ iirinted hrief, argument, and s[ieee]i. which lie had made, lie then lirnught tVimi their dustv hiding places, liiixes 111 papers, fritm which he selected certain paid^ages. and which he desired me (n remn\e and tn kee[i sately. at tiie same time stating that these docunu-Mts wuuld he nf value in elucidating the history of the change in lUmde Island t'riim the tdiarter govenunent to tlie constitutiimal t'lirni. Upon examination, tliese parcels were t'oiuid to con- tain letters from the must prominent men in the State iipun the piilitical ipiestions nt' the day. the private journal of ihe (ioN'ernor's ('nuneil during 1S4:2. in Mr. Jenekes's own liaml- writinn'. and a great many pa[iers. vahudile to the future liistorian of tliese events. Allusion to this circunistance having heen made in a recent daily paper, it is mentioned here only to illustrate tlie relations which existed hetween Mr. .lenckes and myself, and to slmw the confidence that, hir some reason to me unknown, he reposed in nie. These ilociimeiits are still in m\ jiossession. 'I'lie evenness and lialance of his mind was, as one of the ablest of his contemjioraries has well said, one oi the hest evidences of Ihe greatness of the man: unniined li\ disas- ters which would have appalled most men. he pursued the even teniir of his way: assailed hy a political malignity T H O M AS ALL E \ .1 E N C K E S . ( o iiiii'i| n;illf(l ill (iiirdiiy (Imt rather a iclii' (if 1 n:!-! ) : sreiiig- iij a ilay liis cnliri' Inrtuiic Avitlicr like a leaf in aiitiiiun, and. as with a siiii;lc hhist liluwii IVdiii tlic fare of the carlh- iiicrtiii'4 (lin'rtl\ thi'Vratti.'r thi' hiss (il [mlilical tViciids cnn- st.'(|U('iit ujHiu sitch a ratasti'iiiilii' — wlm rvi-r heard liini cdni- phiiu '.' I well iciueiidier a tale tdld in ]iidilie diiiiiii;' mie nl' tiiese exeitiut;' ennlliets. hy a iiieiidier nf the S(ieicl\ (if Friends, wluise simihre (;(innlenanee. ioni;' enat and tradilimi- ary histdrv hesfmki' a heiter l;i>\ ciainnMit df tlie tnnnne — a tale wliieh, it tine, made .M i-. .lemdvcs little hetter than a luyiiwayman — within ten minnles at'terwaids also ha^■e I seen the written reenrdsot' eiinrnlatiiiii — tin- maliyiKHl had nil wnril iif eiiniiilaint tu utter, -while he exliihited the jirdnt's cif his iniideeiiee : lint tin.' tale nf the iiialii^tier had dune its wiirk. I'xith are now u;iine: the tradiieer is i'aee tn face with the tradiieed. and Imth are hefort' a jndL;e in whiise jiidLiluent there will lie nil eirnr. An extract trmii mie nf ^Ir. .lenekes's purnis sn well illns- trates stiidi an act as that di'serihed that I eaiinot I'mliear inakin'4 a (|iiiitatiiin : — " iSo tlihie iiwu liiril the warrior ennlc ntirst Where rolls the avalanche ami llunnlcrs burst; Soared from his niouutaia eyry free and liij,di. And thousands watched him wheeling through the sky: Upward he sprang exulting on his Ilighl, Then pausM and liuttered — fniui his ehiudy heiglit Men saw his fall, and wonderi'd as lie gaz'd: Ko liiilt was sped — ni.i Ijlastinu- lightning blazM. Tile secret viper, cuilcd lieiicath his wing, Poison'd the life lilood in the heart's warm spring, .Sank the proud liird, once niouarcli of the skies, Ilis di'iiirainir, tlie ahimst austerity nf lii.s mauuer. Imt underlying these ihere was kindness, as the writer has expeiieneed. Some (Uie reccntU', in one iit'nur daily [>a[)ers. said: ■•The nak that stands ajiarr friim its fellows l)i'i-nmes the nuinareh nf the forest :"" so witli Mv. denekes. wdio. yet fnrtlier like tiie oak, maintaiiied an erect position amidst tiie liowlings of ilie tenijiests. uinuo\cd hy clamor, and diffusing knowledge as tlie oak distils tVoni its leaves and linds gentle nourishment for the linmliler plants lielow. I come now to speak of i-ertain event> ^\ hit li most men are i->nly- loo wiljing to suppress, hut li\ the disi-hisnre of \\liieh another jiliase of ( iiaraeter in Mr. Jeindves may he illustrated: Jieitlicr do I know of any other \\ay in wldeh it call he so Well illustratey detraction I surely may lie pardoned for alluding to it. Adverse wimls had shattered my pei-nniary hirtunes. Ujion learning tliis fact. Mr. Jeiickes eanie at (jiiec to sec me. made minute inipiiry into tiie caitscs and extent of tin- disaster, proffering me at tlie same time advice and counsid. suidi as only tliose possessed of ahundaid wealth eoidd eiimmand, given witliout a ]iecnniary consideration to one. at the time, entircdy nnahle to repay him. Idiroughout my triuihles lie continued to guide nic hy liis legal advice, and encourage m(^ by his daily counsid. not forgetting to lea\e his home on the . Cuniherland Hills in the I'aily morning to supply me with THOMAS ALLEN .lENCKES. 75 ;irL;iiiiieiits neccssarv. :is In- tliiiui;lit. tn iii\ assistance, hut unasked fur liy nic — ami alln-it iniim-aiU as 1 was nf tli<' fact, that hv lKi;,. I'riA'iileuce. .Iannar\. \^~h ^^p^mp^w^\Ai\ m^ ■v^vg/ " " - -- '^'' ■■ oi >^ ,v -if' Si/, ■^j ■■ • u\JW^' ^iiii ''/*w: /^^^vv ,,^^yw;^{^;^^^y^^^^^ y^^^d^ at^C^SwuW^MOuu-,- ga^^gyww VV^.; .^V'^^^^J 'y^;;'WW ^^.juK^.;-^^''^^^c/ww^ .^■^'^u, ^^H^^«i^^® MaM; ,. ;^ '-v^gww^ww^ SSCMOSBPivi /^VwVW. ■iivft^M^Vw^H^' mmmm^ »^«s?i v'oMSiaSv M^^yyfesi^iSSSS^SSfe w«t^g •Vvo^vv v^.:rc7^. 'gm^tmMmmmm f&MJM&mm iLJ-wvuury:'J , -■ .- "'■■ >-.- O ^ ^ " /hw^ jW^^^^Ji^^l^^SX^wVVW «M8s«i»M i^"*»ii/j"i:^i ^^^rmji Wwj^^vv;> ^^^SS^S?^l!lNiSli' iiiiV ^v^ ^mmm^^mj^ ^^m^w -wgy^y. ;^,^w^^^^'J'^ /^^^^^m0I^ fimm'-i^m.,:. ,v^"v %J^V^^w: i I, )l jJ' .vw^ i^vwW ^yv^;V^^iy«i^# i^\jM'^^i ''^^'^^^:^^UL, ^tyv; wwmmMEmii^d^ ur^^^c^.