A. > ' Univ. of IH. Library 53 THE OLD GUARD A Response to the Sentiment, "The Old Guard." at the Banquet of the Illinois State Bar Association. Chicago, III., July 13, 1906. By ALFRED ORENDORFF Springfield, 111-. THE OLD GUARD A Response to the Sentiment, "The Old Guard," at the Banquet op the Illinois State Bar Association, Chicago, III., July 13, 1906. By ALFRED ORENDORFF Springfield, Illinois II. OF ILL. Lib. THE OLD GUARD ALFRED OBENDORFF, of Springfield. 4 Mr. Orendorff : Mr. President, Ladies and Gentlemen : A prudent lawyer, when he meets with a term or phrase in the preparation of a ease, that seems ambiguous, ought to receive, if possible, an authoritative construction or definition of the word. And so, before I consented to fill this honorable position I investigated what the term "old" meant in connection with "guard." And I know, to my entire satisfaction that it is not a measure of age, duration of time, or length of service, but that it is a term of endearment. How could it be else than that when we consider that the guardians that have been most efficient in this Association are represented here tonight, by the wives and daughters and friends of the Association, our sister State of Missouri contributing a charming quota, and as we recognize these as the Guardian Angels of our institution, how could we connect the term age with them? As has been sug- gested by Col. Hagerman in his able annual address, this As- sociation has had many years of experience; and in my con- sideration of this sentiment I shall hold that every man and woman who has in any way contributed to the success of the Illinois State Bar Association is one- of the "Dear Old Guard." And first we may consider that this is the Illinois State Bar Association, a State of which it has been said : "Not without thy wondrous story, Illinois, Illinois, May be writ the nation's glory, Illinois, Illinois; On the record of thy years Abraham Lincoln's name appears, CT" Grant and Logan, and our tears, Illinois, Illinois." U.OF ILL Lib. 4 III referring to the illustrious men who have been connected, direct] y and indirectly, with this organization, the self-imposed time limitation which propriety suggests will not allow me to more than name them, and perhaps phrase a few words that may possibly throw some light upon the character of some of those men. The ex-Presidents of the Association are as fol- lows : Anthony Thornton, David McCulloch, Orville H. Brown- ing, Elijah B. Sherman, Charles C. Bonney, William L. Gross, David Davis, Benjamin S. Edwards, Melville W. Fuller, E. B. Green, Thomas Dent, Ethelbert Callahan, James B. Bradwell, James M. Riggs, Lyman Trumbull, Samuel P. Wheeler, Elliott Anthony, Oliver A. Harker, John H. Hamline, Alfred Orendorff, Harvey B. Hurd, Benson W^ood, Jesse Holdom, John S. Stevens, Murray P. Tuley, and Charles L. Capen. We have had, you see, illustrious men in this institution. Two Vice-Presidents of the United States ; two men who occu- pied the Vice-Presidential chair, Stevenson, an active member, and Judge David Davis. Davis was actively connected with the early days of this society. Davis, whose fame may safely rest upon that decision which he gave as an Associate Justice of the Supreme Court in the Milligan case, whereby the rights of American citizens from that time forth were protected under the habeas corpus act in the states where rebellion was not in actual existence. We have, as an ex-President of this Association, the honored Chief Justice of the United States, (Applause), who. sends his greetings here tonight in a letter to Judge Holdom, and asks that he may be remembered by his associates. A great honor to any man to occupy that most dignified judicial position upon earth. But this Society had a man within its ranks who declined to accept the position of Chief Justice of the United States, our honored and lamented Judge Schofield. Senators and Governors belong to our Association. This 5 meeting tonight is graced by the presence of Senator Cullom, the Chairman of the Committee on Foreign Affairs. (Ap- plause. ) An early President of this Association was one of the great- est constitutional lawyers that this nation has produced, Lyman Trumbull, of Illinois. (Applause.) In a debate between Trumbull and Douglas, Douglas said of him that his parents must have had a prophetic vision as to what the son would be- come when they gave him the name of Lyman. And Judge Trumbull in his reply said to Judge Douglas, "Your parents must also have had a prophetic knowledge of the future and your course when they selected as a part of your cognomen the name of Arnold, the greatest traitor that we have had against this nation. ' ' I speak of this to show the quick wit and repar- tee of the two men, not applicable as a matter of truth to either of them, for no more sincere man than Lyman Trumbull has appeared in public affairs, and no truer patriot than Stephen A. Douglas, who upheld the hands of his compatriot, Lincoln, in the great conflict of the sixties and in his own home of Illinois rescued the state from sectional strife. He said that in that great conflict there were only two parties, traitors and patriots, and that he wished his followers to be patriots in deed and in truth. (Applause.) The State Supreme Court and Federal Judges of this cir- cuit and the ex-members are all members of this Association, honored members who have the confidence and esteem of the Bar Association. I may say some things that may require a diagram to go with them, if so, I will explain them privately to any one that wishes to hear me. But I wish to say the Supreme Court, I now understand, is so constituted that all its members can eat at the same table at the Leland Hotel. (Laughter and applause.) And when my friend, Judge Carter, said that he had no brief for the members of the Su- preme Court, that each one of them could speak for himself, let G me say that as I understand it, the complaint, if there have been any complaints, is that each one has been speaking for him- self, instead of speaking for the Court after conference together. (Laughter and applause.) Among the members of this organization I think it but proper for me to say that the entire — listen to me — the entire Democratic delegation from Illinois in Congress is a member of this body. (Laughter and applause.) The members who have been selected to prominent positions and are now termed the "Old Guard," have reflected in every instance, I think, credit upon this institution. Two of our honored ex-Presidents are not present on account of sickness, Hon. E. B. Sherman and Judge "Wheeler. We regret their ab- sence and extend them our sympathy. No sketch of the Old Guard would be satisfactory that did not name with appreciation the two ex- Secretaries who have done so much to bring this society to its present state of honor and usefulness. You know I mean Judge Gross and Mr. James H. Matheny. (Applause.) And now, having spoken for those who were officers of this in- stitution before I was, I think it but fair that I should tell a personal incident. But before I do that I wish to call the at- tention of this body to the fact that Judge Treat, of the Spring- field Federal Court, was for many years connected with this So- ciety, and reflected honor upon it. To illustrate something of his character : One day I was in his court and a Chicago lawyer had made a brilliant speech there: the judge said to me, "I knew that lawyer's father in Indiana, his father was a brilliant and honorable gentleman, I think his son has inherited his father's brilliancy." (Laughter.) And it would not be right, we should not leave out the fact that Gov. John M. Palmer was at one time an officer of this As- sociation and always took a deep interest in its proceedings. He uttered an epigram that is as applicable tonight as it was when he sounded it forth on the prairies of his beloved central Illinois. Tie said that this government should be as strong as the law and no stronger; and weak as the law, no weaker. A sentiment that could be well applied to the current events around us. I have often wondered how some of these old guards ever be- came President of this Association. Uncle Dick Oglesby said, when he was elected to the Senate, that he looked around at the Senators and said to himself, "Oglesby, you are a lucky man, brought up in poverty, worked your way along the highway of life until here you are a member of the United States Senate; all these are distinguished men, — I wonder, Oglesby, how you ever got here." He said he hadn't been there ten days until he wondered how under heavens some of these other fellows ever got there. (Laughter.) So, after my election as President of this Association, — for I insist that there shall be a fair deal here tonight — I visited the office of Mr. Moses, who was an ardent member, a useful member, an able member of this Association. "When I was admitted to his presence, with considerable manner he introduced me to the lady who was his private secretary and said, ' ' This is the Hon. Alfred Orendorff, of Springfield, Illinois, President of the Illinois State Bar Association. ' ' I bowed. The lady, looking up, said, " Is it possible ? ' ' (Laughter. ) And ever since my election and service, as each one has been elected, I have looked him in the eye and said, ' 1 Is it possible ! ' ' (Laugh- ter.) My friends, I have talked longer than I expected on behalf of the members of the Old Guard, so called. I would be pleased to speak of the distinguished Thornton, the great chancellor Tuley and others, but while my theme is inexhaustible, audi- ences are not so, and therefore I must forbear. (Laughter.) "We appreciate the distinction of having a table by ourselves, still more, the distinction of having with us these ladies who have graced and adorned the table of the Old Guard. (Ap- plause.) 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