Class JE_1^ OBITF.ARY NOTICES, AND OTHER TESTIMONIALS OF RESPECT. ox Tll E OCCASION OF THE DEATH OF T II K H.iN.CHA'SK.lVILLIAMS.LL.D. KO R M E HI.Y CHIEF JUSTICE OF THE SUPKEME COURT, AM) AKTKHWAliDS (iOVEHNOR OF THE STATE OF YEKMONF, TO WHICH IS PREFIXED A BKIKF BIOGRAPHICAL NOTICE OF THE DECKA.SED. Prepared for Publication in 1852, li\ THi: HON. I>SAAC V. ItKDFIKl.D, I.I-. !>.. CHIEF JUSTICE OK VERMONT. RUTLAND : GEO. A. TUTTLE & CO., PRINTERS. 1 854 OBITUARY NOTICES. OTHER TESTIMONIALS OF RESPECT, ON THE OCCASION OF THE DEATH HoN.CHA'SK.AVILLIAlS.LL.D. K O R M E K L Y CHIEF JUSTICE OP THE SUPBEME COUKT, AN'D AFTERWARDS GOVERNOR OF THE STATE OF VEIIMONT, TO WHICH 13 PREFIXED \ BRIEF BIOGRAPHICAL NOTICE OF THE DECEASED. Prepared for Publication in 1852, TJY TFIE HON. ISAAC F. llKDFIKT,r>, T,I.. D. cuiEP justI';e op ViCRMOXT RUTLAND : GEO. A. TUTTI.K .r me to speak of him, willmut, in 36 some sense, seeming to over-estimate his merits. I am among the number of those who feel that he, more than most other eminent and distinguished men, would always be more highly prized the more in- timately he was known. With some men, perhaps with most men, nearness of relation is liable to dim. somewhat, the brightness of their apparent excellencies. But with me, in regard to Judge Wil- liams, it has been otherwise. From the first to the last our increas- ing intimacy has but constantly served to increase my admiration of his talents and his virtues. His advantages were, no doubt, quite superior to those which fall to the general lot of the profession. His father was a distinguished scholar, and no doubt devoted much care and pains to the education of his son. He himself graduated, in one of the early years of the present century, at Williams College ; and when he came to the bar, was regarded as highly educated in the profession, and no doubt was so. His general classical and literary reading he has kept up, more than is common perhaps in the profession ; and his acquaint- ance with the literature of the profession, so to speak, was uncommon. But the great debt which the State owes to Judge Williams seems to me to rest mainly upon his long service upon the bench of this Court. He came into this Court when our reports first become con- tinuous, and, with an interval of four years, while he was collector of customs in this district, he remained until the fall 184G, and for thirteen years he was Chief Justice. During eleven years I was as- sociated with him. And I may say, I think, without depreciating others, that there was in him an uncommon watchfulness and studi- ousness of effort to have, not only the cases which he decided, but all the cases, fully understood and correctly determined ; not with any spirit of of&cious intermeddling, for no man could be further from it, but to have them justly and correctly decided, and so as not to conflict with other decisions of the Court, — not for the purpose of carrying out his own opinions or theories, further than he felt them to be just, but to leave the body of our judicial decisions symmetrical as far as possible. He had less of the love of mastery, and more of the love of truth, than what is common even to eminent men. During all this long period, Judge Williams' cases have all been thoroughly examined, and elaborately and learnedly reported, and they form a very large portion of our judicial system, .so fiir as our 37 reports are coneonied. ITo too, more timn any other, from his lono' residence in the State, and his public position, and his capacity, and taste also, for such matters of investigation, I say more than any other with whom I have been intimate, possessed a minute know- ledge of the history of our legislatiou, and the traditional history of our judicial decisions and the practice of this Court, which to me made him a most useful adviser. I must always feel largely indebt- ed to him, on that as on many other grounds. He was too, in his judicial administration, wonderful for his wil- lingness to yield an opinion, when convinced it was no longer tena- ble. In all our differences of opinion in regard to eases, and in so long a term they have been many, and sometimes persevering and continued, I have always felt the most perfect conviction that if his difficulties could be removed, he would readily yield his opinion. I may well say, I fear he has found me less so, than I have found him, for I esteem such love of truth, such forgetfulness of self and selfish ends, a most desirable and difficult attainment. As his Christian character has been alluded to in the resolutions, I will say that I have never known any one, whose every act and word, seemed to me to be done more with a single and present and abiding reference to an ultimate accountability, than were his. But with him these things were kept very much to himself. I think the profession in this State is greatly indebted to him. As a model for imitation, in my judgment, we could scarcely propose to ourselves a better. His urbanity, his courtesy, was almost perfect, neither too much or too little, and his dignity was neither stiff or frigid ; and he was equally exempt from all levity, even when ho al- lowed himself to relax, as he gladly did, and which he knew how and when to do. I could say a great deal more, but could scarcely have said less. The Court will readily accede to the motion to ad- journ during the time appointed for the funeral. And thereupon the Court adjourned during the hours of the fune- ral of the deceased, till two o'clock this afternoon. After adjournment, at a meeting of the Bar, it was Resolved, That Gov. Coolidge and Judge Redfield be requested to furnish to the Clerk copies of their remarks, to be entered on the records of the Court as part of tlic proceedings on this occasion . and that the proceedings and remarks be published in the papers in this town. Norman Williams, Clerk. 38 [From the Appendix to the 21tli volume of the " Veemoxt REronxp"] HON. CHARLES KILBOIIN \VILLIA:\IS, LL. I>., LATE CIIIKP JTJSTICE OF THK SCPEEME COUHT. Wc have deemed it not inapproi)riate to place this brief memorial of one of the most distinguished ornaments of the bench of this State in the annual volume of the reports of the decisions of that court, wliere he presided for a longer term than any other one since the foundation of the State government. Tliis fact alone, in a State where the election of judges is annual, is altogether decisive of the general estimation in which his services, as a judge, were held. One may possibly hold a subordinate place for a long time, or the first place for a short time, and not justify such an inference ; but it is impossible to believe that any one should preside over the delibera- tions of the highest judicial tribunal in the State for thirteen years successively, with annual re-elections, and not possess eminent, we think wc may say almost unrivalled qualifications, Tor the place. And such, we believe, has been, and will always be, the general estimation in relation to the services of the Hon. Charles Kilborn Williams, LL. D., late Chief Justice of this court, who died sud- denly at his residence, in Rutland, during the night of the 9th of March, A. D. 1853, aged seventy-one years. Chief Justice Williams was born at Cambridge, Massaclmsotts, January 24th, 1782. His father, the late Rev. Samuel Williams, LL. D., was, at the time, the Professor of Mathematics in Harvard College, but removed to Rut- land, in this State, when his son was about seven years old, where the father and the son both resided till their death. Dr. Samuel Williams, as a scholar and divine, and especially as the early historian of the State, has left a very abiding and enviable reputation. And it is no doubt attended with many advantages to receive one's education under the eye of-such a father, which, without that, no mere culture of the schools can fully compensate. Charles K. Williams graduated at Williams College, in the year 1800, and studied the profession of law in Rutland, where he was admitted to the Bar in 1803. In 1817, he married the daughter of the Hon. Chauncy Langdon, who survives her Imsband. They had nine children, all of whom, save two, survived their fiither. Judge Wil- liams was more tlian ((inmionly ha])py in all the domestic relations. 39 as he was tilso eminently (qualified to impart liappine.^s in those fek' tions. His home seemed his chief solace and support during the exhausting labors of his long judicial service. He first came to the bench of the Supreme Court in the year 1822, and remained but two years. He then served in the office of Col- lector of Customs for the district of Vermont during the administra- tion of the younger Adams, and returned to the bench in tlic fall of 1829, where he remained till the fall of 1846, when ho declined a re-election. He was two years Grovernor of this State, and declined a re-election, just before his death. It could answer no good purpose, perhaps, to dwell upon the character of this faithful servant of the State, in one of the most critical and exhausting, and, at the same time, least obtrusive, de- partments of the public service. It is probably true that his merits, as a judge, were as justly and as highly estimated by his fellow citi- zens as those of any other. If he was less known out of the State, it is because he had studiously avoided connecting himself in any way with the law journals, even by allowing them the publication of his opinions in advance of the regular reports, which is not uncom- mon. But with him, these things had too much the appearance of pretension, or love of publicity, on the one hand, and of condescen- sion and subserviency on the other, to meet the full approbation of that severe sense of propriety by which his own course was prescribed. He was, possibly, on this account, less known, and more highly es- teemed where he was known. For it is certain that many of his opinions have received more marked commendation from law writers of marked eminence out of the State than perhaps almost any others in our reports. And in regard to the jurisprudence of the State, (whatever it is,) so far as the reports are concerned, it unquestion- ably bears more distinctly the impress of his mind than of any other one. And whatever differences of opinion may exist in regard to the excellencies, or defects, of the late Chief Justice Williams, we can scarcely remember any one, whose virtues more decidedly prepon- derate, or whose judicial character could be more justly presented, as a model. His mind was active and almost electric, in its move- ments, and at the same time, so patient as to be far more than ordi- narily sure of reaching a just conclusion, and in the shortest possible 40 time. And if he sometimes flagged in the severity of his attention, under a protracted argument, it was not while the speaker was draw- ino- new truths from the old fountains and foundations of the law. His sense of justice, his incorruptible integrity and impartiality ; his willingness to suffer and to be sacrificed, if need be, in defence of truth and innocence, or in bringing falsehood and fraud to its merited reward; his purity, his dignity, his urbanity; his simplicity and singleness of heart, in all the relations of life, present his character, as at once the brightest for admiration, and the safest for imitation. If it should be thought by any, that like the patriarch, he had little to tempt him from, and much to support him in his high course of virtue and integrity, and that he was therefore deserving of less commendation ; although we certainly would not disparage, in any sense, the quiet decency and respectability of judicial life, one can scarcely refrain from feeling sometimes, that where the elections are annual, the salaries quite disproportioned to those paid in private life, for equal service, and the labor immense, and, at times, almost over- whelming, the position is not altogether so well calculated to sustain the mind and support the heart, as some others. And we trust it will not be regarded as offensive or personal, to say that the mere un- certainty of the tenure of the judicial office, while it is undoubtedly a safeguard to the State, is always a proportionate embarrassment to the incumbent, and one which, because it is not generally under- stood, is not sufficiently taken into account, in estimating the relative proportion of service and compensation. 1