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QL

OBITUARY ADDRESSES
'U i
ON THE
(Boaaicn of % Jiatjj
OF THE
HON. ROBERT H. MORRIS,
JUSTICE OF THE SUPREME COURT
OF THS
FIRST JUDICIAL DISTRICT OF THE
STATE OF NEW-YORK.
®MtEarji Notice, Sentiment of % Courts,
FUNERAL OBSEQUIES

K ¦¦: ,'',-' <i<-i " ;:> - :f\ .¦.; ,•

Reported by HAYES, HINCKS, CAREY and KEMPSTON.

NEW-YORK .
W. E. & J. SIBELL, STATIONERS AND PRINTERS,
NO. 20 WALL-STREET. 1855.

s-

OBITTT-AJRrsr.

Ieat|0f|l0n*§[flh£rtp.||l0rris*

[From the New-York Herald, Oct. 26th, and Hudson Daily Star, Oct. 29th, 1855.]
The death of the Hon. Robert Hunter Morris,
one of the Justices of the Supreme Court of this
District, took place suddenly, on Wednesday last,
24th Oct., 1855, at the residence of his father-in-
law, Marcena Monson, Esq., of Astoria. There
was no member of the Bar more generally known
or more universally admired, and the intelligence
of his death was received in New-York with feel
ings of intense grief. It was but a few days
since, on Tuesday last, that we saw Judge Mor
ris sitting as a spectator in the Court of Oyer
and Terminer, apparently in the enjoyment of
good health, and on Wednesday he was seized
with a sudden attack, and died from the bursting

¦if?

of one of the blood vessels of the heart. Judge
Morris was fifty-three years of age. His public
career is familiar to almost every New-Yorker.
He was born in this City in 1802, and when he
was a mere lad his father moved to Hudson,
where the subject of this notice received his edu
cation. He studied law in the office of Mr. Kil-
lian Miller, of Hudson, and commenced practice
at Johnston, Columbia County, and was made a
Justice of the Peace about the same time. In
1827, Mr. Morris came to New-York to act as
Assistant District Attorney. Mr. Morris be
came a member of the Legislature in 1833, and
was re-elected in 1834. During the Session of
1833, he voted for Silas Wright, Jr., as U. S.
Senator, and at theJ3ession of 1834, his vote may
be found recorded in favor of the concurrent re
solutions of the Legislature sustaining Greneral
Jackson in the removal of the deposits. He was
appointed Recorder of the City of New-York by
Governor W. L. Marcy in 1838,. but it will be
recollected, that in consequence of his seizing
the " Glentworth Papers" while holding that.
office, he was removed by Governor William
H. Seward. A plan had been set on foot by
James B. Glentworth, before the Presidential

¦s

election in 1840, to send on a number of vo
ters from Pennsylvania, nominally to lay the
Croton water pipes through this City, but vir
tually to vote for General Harrison in opposition
to Martin Yan Buren. Mr. Morris ascertained
that documentary evidence of this fact was in the
house of Mr. Pierce, of this City, and a few days
before the election he proceeded to Mr. Pierce's
residence, in company with Mayor Yarian, where
he seized the " Glentworth Papers" and reveal
ed their contents to the public. For this, as
we have said, he was removed and F. A.. Tall
madge was appointed Recorder in his place.
But the people of New-York viewed the act
of the Recorder in a different light, and in 1841
he was elected Mayor of the City, and was
re-elected to the high position of Chief Mag
istrate of New-York in 1842 and 1843, with in
creased majorities, the last majority being over
seven thousand — the only instance in this City of
a man being elected Mayor three times in succes
sion. At that period of our City's history the
Mayor was elected every year. In 1845, Mr.
Morris was appointed Postmaster of New-York
by President" Tolk," and he held that office for
four years. While Postmaster, he was elected,

¦0

in 1846, a member of the Constitutional Conven
tion of the State, which formed the State Consti
tution under which we now act. His speeches in
that body upon the term and qualifications of the
Governor, the judicial system, the imprisonment
of witnesses, the qualifications of voters, the
rights of married women in property, and on the
constitution as adopted by the convention, are all
marked with his peculiar habit of thought and
expression. And last of all, he was elected, in
1852, a Justice ofthe Supreme Court of the First
Judicial District, for eight years, more than five
years of which are unexpired. The law requires
that twenty days notice shall be given before the
election to fill an office, and as this cannot be
done in the present case, the Governor will have
the appointment of Judge Morris' successor up
to January, 1857, when the vacancy will be filled
by the people. Some time after his elevation to
the Bench, Judge Morris was seized with illness
and was unable to attend to his judicial duties for
a few months. He resumed his labors, how
ever, afterwards, and last month sat in General
Term of the Supreme Court, with Judges Mitchell
and Roosevelt ; and next month, had he lived, he
was to have presided at the Court of Oyer and

i>

Terminer, now in Session. Judge Morris' popu
larity is apparent from the number of important
offices he has held, both by the gift of a President
and a Governor, and by the choice of the people.
As an advocate at the Bar he was at times forci
ble, eloquent, sarcastic and jocose ; he was a
sound lawyer, and in criminal jurisprudence he
was considered a very high authority. As a
Judge he was impartial, just and patient ; the
tyro and the black letter adept alike received his
attention and his courtesy ; to the young he gave
encouragement, whilst the experienced lawyer re
ceived from him a becoming deference to his po
sition and standing in the profession. As a pri
vate friend he was affable and sincere, and being
well stored with a fund of anecdote from vast
professional experience, he was an excellent and
an entertaining companion. In his domestic rela
tions he was exemplary, and leaves a fond wife to
lament his loss ; but to the members of the Bar,
who will meet in the Supreme Court, on Saturday
morning, at 10 o'clock, we leave the melancholy
task of speaking in more extended terms of the
character of the deceased Judge, as he was known
to the profession and to the community.

i !¦

^ojountmntt of % Courts.
SUPREME C OURT — CIR CUIT.
HON. JUDGES MITCHELL, CLERKE AND COWLES PRESIDING.
OCTOBER 25, 1855

The Hon. Robert H. Morris, one of the Justices of the
Supreme Court of this District, died at the residence of his father-
in-law, at Astoria, on Wednesday noon, after a very brief illness.
Judge Morris was in the Court of Oyer and Terminer, as a spec
tator, at the commencement of the trial of Alderman Herrick,
which was still pending when the intelligence of his sudden de
cease was whispered, and spread a gloom throughout the City Hall
In the Circuit Court, ex-Judge Edmonds, in addressing the
Bench, said the sudden demise of Mr. Justice Morris, which took
place yesterday has cast a gloom over the Bench and Bar ; he did
not mean to say now all that his merits demanded, but begged,
without further remark, to move that a Committee be appointed to
make arrangements for a general meeting of the Bar, to take into
consideration their bereavement arising from the sudden death of
Mr. Justice Morris, and that the Court, from respect to his
memory, do now adjourn.
He (Judge Edmonds) understood that the funeral would take
place from Astoria, at 2 o'clock, on Saturday, and in the meantime
the convocation of the Beuch and Bar could be held.
Judge Mitchell briefly said that the motion met with the ap
probation of the Court, and announced that the Committee would
consist of Judge Edmonds, D. E. Wheeler, C. O'Conor, W. C.
Noyes and J. R. Whiting, Esqrs.
The Court was then adjourned for the day. Judge Cowles an
nounced that a cause then on trial would be resumed in the morning.
The Oyer and Terminer did not adjourn, in consequence of the
important trial of Alderman Herrick.

9
COURT OF OYER AND TERMINER.
HON. JUDGE ROOSEVELT PRESIDING.
When the Jury retired in the case of the People against Alder
man Herrick, about 6 o'clock, the District Attorney rose and
said : — May it please your Honor — Since the last adjournment of
this Honorable Court, the Supreme Ruler of the universe, who
varies the business of men, however they may plan or intend it,
has for the second time in this year of grace interrupted the pro
ceedings of this Court by the hand of His messenger of death.
Since yesterday Robert H. Morris has surveyed the transitory
things of this life — in which he may never again share — from the
world of spirits. It was but a short time ago, in the course of the
arguments in this very case, he sat by your Honor's side. Now,
he is gone and yonder is his vacant chair. It rather becomes my
associates in this case, who knew him longer than I, to speak of
the industrious magistrate, the faithful friend and the upright man.
But it has been deemed appropriate, that as the officer of this
Court, leading its business from day to day, I should move that
from respect to the memory of the deceased, and in reverent re
cognition of the mysterious Providence who bereaves the City, the
Profession and the Bench, this Court, when it adjourns, do adjourn
its business over Friday and Saturday, and until Monday, at 10
o'clock, and that the cause of adjournment be noted upon the minutes.
Mr. Whiting rose to second the motion and said : — I shall not,
in seconding the motion of my learned friend, indulge in extended
remarks. These more properly belong to the meeting of the Bar
which has been called for Saturday morning. It was my fortune
to know the late Judge Morris well. I would sum his memory
in a few sentences — he had a heart of whose friendship all might
be proud. Let us mourn him as gone " where the wicked cease
from troubling, and the weary are at rest." I second the motion
that this Court adjourn to Monday next.
The Court said that the two successive and sudden deaths which
had taken place within the last twelve months amongst the Judges
of the Supreme Court, ought to admonish the remaining members
of the Bench of the vanity of human events. Such events should
admonish them all of the necessity of cultivating toward each
other sentiments of kindness,, charity and forgiveness : for who
2

10
amongst them did not err ? I take the lesson afforded me to my
own heart. I am now the oldest member of the Supreme Court,
and I feel the bereavement keenly from its taking my associate, as
has been observed, from my very side. For the last time I met
him in this Court Room. Small, indeed, appear the petty things
of this life when we have such warnings. We are here to-day,
and to-morrow we are cut down like the grass of the field, and I
trust we will all lay these things to heart. I accept the motion,
and order the proposed adjournment.

MARINE COURT.
BEFORE HON. JUDGE BIRDSALL.
Mr. Holmes said : — May it please the Court, I rise in response to
a request made by many of the members of the profession who
now surround me, to move the adjournment of this Court. I have
heard, with feelings of the most poignant grief, that Justice Mor
ris, of our Supreme Court, died yesterday. To the young mem
bers of the Bar these are truly heavy tidings, and this is, indeed,
a bereavement. They have lost a kind friend, a gentle exemplar
and an upright judicial officer — one who looked upon their mis
takes without severity, and whose reproofs for faults were so gentle
that even his admonition endeared him the more to them. To his
equals he was affable and kind — in his judicial career faithful and
honest — in his political life pure and conscientious — in private
life, just, courteous and deeply beloved, and in all a bright orna
ment to society. When the hand of death was stretched forth and
stripped from his shoulders the judicial ermine, it was found to be
as spotless as when a discerning people placed it there. Let us
show by a suspension of the business of this Court that we feel
the blow which has been struck through the fiat of an all-wise
Providence. I, therefore, move that the Court stand adjourned
until to-morrow morning, at 10 o'clock.
Mr. Van Winkle seconded the motion, in a few touching re
marks, when
Judge Birdsall ordered the Court to stand adjourned to the day
and hour named.

The Common Pleas and other Courts were not in Session.

11

$$tttiiqj of % imjj antr % far
SUPREME COURT — GENERAL TERM.

Hon. EX-JUDGE EDMONDS, CHAS. O'CONOR, Esq,
WILLIAM CURTIS NOYES, Esq, EX-RECORDER
TDLLOU, and JAMES R. -WHITING, Esq.

The members of the Judiciary and of the Legal Profession,
assembled in the General Term Room of the Supreme Court,
on Saturday, 27th October, 1855, to pay their tribute of respect
to the memory of their departed friend and brother, Robert H.
Morris, one of the Justices of this Court. The bench, windows
and doors, were draped in mourning, and the chair, on which the
late lamented Judge sat within the present week, was appropriately
enveloped in crape, and was the only vacant seat in the room.
The meeting was the largest we have seen on any similar occasion,
which have been, alas ! too frequent in this city within the last
few years ; during which brief period the Bench and the Bar have
lost, by sudden death and by the perils of the sea, some of their
brightest luminaries and most favored members Amongst the
recent dead, we may name Judge Sandford, Judge Paine, District
Attorney Blunt, Chief Justice Jones, Edward Sandford and Mr.
Woodruff (lost in the Arctic), Judge Edwards, and Henry S.
Dodge. At the present meeting, we noticed Judges Mitchell, Roosevelt,
Clerke, and Cowles, associates of the late Judge Morris, Chief
Justice Oakley, Judges Duer, Woodruff, Bosworth, Slosson,

12
Campbell, Ingraham, Daly, Recorder Smith, ex-Reeorders Tall
madge and Tillou, the Attorney General, (Hon. Ogden Hoffman,)
ex-Judge Edmonds, the United States District Attorney, (Hon.
John McKeon,) United States Commissioners, Morton and Betts,
the Surrogate, the Corporation Counsel, and very many of the most
eminent as well as the most unpretending members ofthe profession.
Judge Edmonds : — In order to organize this meeting, I, on be
half of the Committee of Arrangements, propose his Honor,
Judge Mitchell, as the President of the meeting.
The nomination was unanimously ratified, and Judge Mitchell
took the Chair.
On motion of Wm Curtis Noyes, Esq., the Judges of the Su
preme Court, the Superior Court and the Court of Common Pleas
and the Recorder and Surrogate of the City were appointed Vice
Presidents. On motion of Mr. D. E. Wheeler, formerly law-partner of the
late Judge, Messrs. R. J. Dillon, Corporation Counsel, and E. L.
Fancher were appointed Secretaries.
Ex-Judge Edmonds on behalf of the Committee appointed by
the Court on Thursday last, offered the following resolutions : —
Resolved, That in the death of Mr. Justice Morris the Bench
and the Bar have lost an estimable friend and a valuable com
panion and fellow-laborer in the administration of justice, who was
endeared to them by the strict integrity, the uniform kindness of
feeling and sterling good sense which marked his whole life.
Resolved, That in the name borne by our departed friend, and
in the blood which flowed in his veins, we recognize the presence
of the spirit of the Revolution, to which he was ever true, and
which, in our day, in his person, as in former times in his ances
tors, was firm, but unobtrusive — gentle, yet unyielding in its de
fence of the liberty of man.
Resolved, That in every position of life, as a lawyer and a
legislator, as an executive or administrative officer, in private and
on the Bench, he whose loss we now deplore, was distinguished
for his inflexible uprightness of purpose and the fearlessness with
which, on all occasions, he acted up to his convictions of what was
right ; yielding never to importunity what he ought to deny to a
sense of justice, utterly regardless of popular clamor when swayed
by passion or prejudice, and evincing ever a readiness to sacrifice
himself for the sake of that which he deemed to be right.


13
Resolved, That in his career on the Bench we ever observed
the predominance of that goodness of heart, integrity of purpose,
courtesy of demeanor, which, while they endeared him to us, and
now add to the pang inflicted upon us by his departure, yet stand
out before us as an example for our imitation.
Resolved, That we deeply sympathize with his widow and his
friends in their and our bereavement ; that these resolutions be
communicated to them by the officers of this meeting, and that the
Supreme Court be requested to enter them at large upon their
minutes. The resolutions were seconded by Chas. 0' Conor, Esq.
In presenting the resolutions Judge Edmonds said : —
If your Honor pleases — I ought not to ask
this assemblage, intelligent, educated, acute, as it
is, to adopt resolutions like these in memory of
one who has occupied so conspicuous a position
among us, without saying some few words in re
gard to them. It is now, Sir, about thirty-five
years since sitting in an office as a clerk, pursuing
my studies, in connection with a few others
younger than myself, I one day saw enter a young
man, somewhat rustic in his appearance, shy and
timid in manner, hobbling upon crutches, and
plainly clad. It was the first time I had ever seen
him. My compassion was excited, for I thought
that he was a beggar. Sir, that young man was
the future Mr. Justice Morris entering that office
as a fellow clerk with me. I continued with him
there till my own admission to the Bar. After my
admission he continued with me as a elerk, and on

p p
14
his admission he and I together formed a connec
tion in the practice. We were together but a
short time, when he received from the powerful
family of the Livingstons an invitation to remove
to the manor and take charge of their business.
He accordingly left the County town and retired
to the interior, where for some years he was en
gaged in practice, and there actually began his
professional career.
For a period of four years prior to that time, I
had formed with him ties of intimacy and of
friendship, which I rejoice to say have never —
whatever the waywardness of my own temper- — ¦
been shadowed by a single cloud, so uniform has
been his kindness of heart, so generous, and noble
and true has been his affection. And for a period
of thirty-five years my regard for our departed
brother has never for one moment been clouded
by aught of suspicion or of alienation. He was
always, Sir, of a generous and liberal spirit, and
wherever he went, that spirit manifested itself.
He was ever exceedingly affectionate in his temper,
and that affection ever produced its effect through
out the whole of his life. My own children, Sir,
young as they then were, now parents themselves,
are mourning over his loss with a strong recollection

15
of the kindness which bound them to him in their
infancy. That same kindness of heart, Sir, followed him
through his profession in the comparatively un
settled parts of the County where he began his
career, and where he became a politician as well
as a lawyer ; and although in a section of country
where the political power was immensely strong
against him, he was over and over again — owing
to his personal popularity with those who knew
him best — able to achieve position and power.
But it was not long before he discovered that
his mind outgrew the position in which he was ;
and he accordingly, in 1828, removed to this City,
and here, from that time to this, he has resided.
I found him, when I came here a few years after
wards, extensively engaged in practice. I need
not, to those who surround me on this occasion,
and who knew him even better in his professional
career in this City than I did, speak of that ca
reer. I need not speak of his action on the Bench
in the Court of Sessions, or of his administrative
career as the Chief Magistrate of this City after
wards, in the executive office which he subse
quently filled under the General Administration,
or even of his action in the Constitutional Conven-

16
tion which amended our fundamental law. These
are matters known to those who hear me as well
as — and perhaps to many of them better than — ¦
myself. But I may be permitted to speak of him
one moment as a Judge while I was associated
with him on the Bench. I speak not of his ap
pearance to the world as a Judge, for there I
knew but little of him in comparison with most
who hear me. But it is of the trying scenes of
the consultation room that I would speak. And
those of us who have assembled on such occasions,
know how often the heart and the temper are tried
to the very core by the scenes there occurring.
We, Sir, who have met our departed brother un
der such circumstances know full well that his
temper was never disturbed, that his courtesy of
demeanor never swerved from the uniform " even
tenor of its way," and that even there, amid the
stormy discussions which necessarily would arise,
that generosity and liberality of heart which mark
ed his whole life was ever conspicuous.
Early in life he met with an accident, under
which his health ever afterwards suffered. When
I first knew him — as I have already remarked —
he could move only with the assistance of crutches.
He afterwards became better, but yet that lame-

17
ness continued during life, and was in very many
respects a source of unhappiness and uneasiness
to him, for it denied him the advantage of an edu
cation, such as so many of his friends have been
able to achieve. It denied to him the privileges
of that hard study which is so necessary at the
Bar and at the Bench. It also forbade that inde
fatigable industry in the library which, with his
natural capacity, would surely have enabled him to
attain the very highest eminence in our profession,
either at the Bar or on the Bench. And yet, Sir,
the talent which was in the man by nature, the
great vein of good sense which characterized his
whole life, the inimitable tact which always taught
him what was proper to do on any emergency,
sustained and elevated him in all contingencies,
enabled him to overcome all these difficulties, and
to attain the exalted position which he held at the
time of his death.
Sir, it is unnecessary for me here to speak more
at large, for his merits are as well known to you
— and to this large assemblage around — as to me.
Yet there was one attribute of his character on
which I may be allowed to say yet one word. It
was an attribute which — now when popular preju
dice is even invading the sanctity of the Bench,

18
and party passions are measuring aspirants for
judicial station, by their readiness to pursue a par
ticular line of decision — will be regarded as of in
finite value. It was an attribute which distin
guished him throughout his whole life, that of not
fearing to speak what he thought, and to do what
he deemed was right. No clamor, no opprobrium,
no noise, no importunity, could disturb him in the
firm attitude with which he always marched up to
what was right. And, Sir, surrounded as we are,
we know how to value a quality like that.
To those of us who knew him well, no eulogy
can be necessary, but to those who knew him not,
we may safely say —
" £et U)e future write tjis epitopl)."
Mr. CHARLES O'CONOR next arose and
said — Mr. President : — It was my good fortune to
enJ0V> during nearly as many years as were named
by the honorable gentleman who has preceded
me, relations of intimate friendship with Judge
Morris. For a brief space, but in a very impor
tant branch of public duty, I had the honor of an
official connection with him. I loved and respect
ed him, and therefore avail myself of this occa-

@-

19
sion to add my mite to the tribute now being paid
to his memory by his professional brethren.
If association by descent, and consanguinity with
names illustrious in the history of our country by
eminent position, great personal virtue and. valua
ble public services, can confer distinction ; Judge
Morris might well have carried himself whilst
among us, with a far loftier port than he was ever
known to assume. It is truly indicated in one of
the resolutions submitted to this meeting, that the
names and deeds of his ancestors form an impor
tant part of the annals of our country, and are
intimately connected with the rise, progress and
establishment of our most cherished principles,
and our most valued and valuable institutions. In
this remark, and any other which may fall from
me, let it be understood that I intend not to ad
vocate any opinion, but expressly to withhold
even my own, in respect to any question of party-
politics which may have been involved in the acts
to which I shall refer, or connected with the emi
nent person whose loss we deplore. On occasions
of this kind, no judgment should be pronounced
on the merits of any controversy in which the
active life of the deceased may have been en
gaged ; for whatever may be our own opinions,

gl I ¦ jf
20
we can always admire high qualities, and pay re
spect to virtue and constancy in advocating and
sustaining those of an opposite description.
The family of Judge Morris, in the parent state,
was distinguished for its hostility to kingly power,
and for its firm attachment to those republican
principles on which our government is based, and
to which, in one form or other, his countrymen
without exception, profess to adhere. Military
service, rendered to the Protectorate of Cromwell
against the Crown, compelled the emigration of
his ancestor, Richard Morris, who settled at Mor-
risania, in the County of Westchester, about 1670.
From him descended a race remarkable for their
uniform firmness and fidelity in maintaining the
very principles to which his life was devoted, and
for which he cheerfully submitted to exile.
Judge Morris was the third of his family who
presided in the Supreme Court. His great-grand
father, Lewis Morris, was Chief Justice of the
Province. On the resignation of John Jay, first
Chief Justice of the State of New- York, Richard
Morris, the grandfather of our lamented friend,
succeeded him in that high office. His grand-
uncle, Lewis Morris, rendered important service
during the struggle -which gave birth to this re-

21
public, as a Brigadier General in the Continental
Army, and gave immortality to his name by affix
ing it to the Declaration of Independence. He
was a member of the Continental Congress of
'76, — that "assemblage of rational men who first
declared the immutable principles of justice, and
consecrated in defiance of a tyrant the rights of
nations." Robert Morris, the father of Judge
Morris, took up arms in support of that declara
tion at the age of nineteen years, and served until
its triumphant establishment in '83. His collate
ral kinsmen were equally distinguished for patrio
tism and services with his immediate ancestors.
His grand- uncle, Gouverneur Morris — world re
nowned for wit and scholarship — was the principal
draftsman of that revered instrument, the Consti
tution of the United States, " the ark of our po
litical safety — the hope of nations yet lingering in
political bondage."
Of this honorable stock was Robert H. Morris,
and in every act of his life, his character shone out
in harmony with these antecedents. It was emi
nently a life of struggle — misfortune assailed him
whilst yet in his cradle, and failed not to try his
spirit full often in after years — yet was he emi
nently successful. To those who have to follow

-y

22
him and are now beginning the struggle of life, he
has left a bright example. In what he achieved,
notwithstanding difficulties apparently insur
mountable, in the triumph of this hour, when the
Bench and the Bar of his country unite to honor
his memory, in this his ultimate success ; it is
shown, for the encouragement of the younger
members of our profession, that to a fair degree
of manly and persevering effort, accompanied by
integrity, success, by the bounty of Omnipotence,
is always vouchsafed. At the age of four years
Robert H. Morris suffered an accidental injury,
which produced permanent lameness. This was
to him a terrible misfortune. The sports of child
hood and of youth were denied him. When he
attained manhood, the active exercise demanded
by his vigorous frame, was also denied him — that
exercise which would have been rewarded with
high health and its numerous enjoyments — which
would have enabled his large brain the better to
perform its important functions. These disadvan
tages which would have overcome any ordinary
man, to Robert H. Morris only increased life's
burthens and diminished its enjoyments. His re
solute temper and unconquerable industry never
theless sustained him to the accomplishment of all

k-

23
his undertakings ; and few men in the course of a
long and prosperous life have effected so much.
His parents deemed him incapacitated to pursue
any laborious occupation. In none is the sound
body accompanying the sound mind more needed
than in our own, and nothing could have seemed
less practicable in their eyes than that Robert
could ever become a lawyer. But Providence
had otherwise decreed. Whilst attending school
at Hudson, in the County of Columbia, he was led
by curiosity to visit the Court-House, and for the
first time witnessed one of those dramas of real
life, in which he was one day to play so leading
a part. An important jury case was on trial, and
the first tones that caught his ear were those of
Elisha Williams, who was then in the zenith of
his power. That matchless orator, at first, at
tracted attention only ; gradually he won upon the
youth ; pleasure deepened into delight ; until at
length the fire of emulation was kindled, which
thenceforth burned on through all the trials of
life. Scarcely had the speaker's deep voice ceased
from its work of fascination, when the young-
auditor's resolve was taken. He hastened to his
parents and declared his unalterable determina
tion, in despite of all obstacles, to become a law-

24
yer. How he entered upon his studies and his
career in its earlier stages, have been well de
scribed by his friend Judge Edmonds. Within
three or four years after his return to New- York,
his native City, he had becone an universal fa
vorite with the Bench and the Bar. His great
popularity drew him into political life ; twice or
thrice he was elected to the Legislature. Here
his influence became more extended. The annu
ally chosen select-men of the interior, and the
permanent officials of the Capitol, alike admired
and respected him. At the house of the Hon.
Wm. L. Marcy, then Governor of the State, he
first met the lady who became his companion in
life, and who this day bewails his death as a loss
to her irreparable. Promoted to the Recordership
of New- York, Judge Morris became Presiding
Magistrate in the department of criminal justice
in this City. Whilst he occupied this post a col
lision of opinion arose between himself and the
Governor. The contestants were of opposite po
litical sentiments. The affair eventuated in a
summary removal, without trial, for, at the worst
a very venial trespass, that is to say, being in
the judgment of a political opponent, deemed
over zealous in endeavoring to detect a political

&•

\

J58
25
crime, whose perpetration tended to injure the par
ty of the Judge, and to benefit that of the Gover
nor. The merits of that dispute are not now to
be discussed. I impeach no man's motives. But
I confess myself too much of a conservative to
approve the laying of violent hands upon the judi
ciary, except under circumstances rendering it im
periously necessary. This was one ofthe marked
events of Judge Morris' life. It was soon followed
by a strong manifestation of popular confidence.
He was elected by the people to the Mayoralty of
this City ; he was again, and yet a third time,
elected by a vast majority. His removal did not
meet the approbation ofthe people, as appears not
only by these facts ; but in 1846, when a new Con
stitution was formed, the very power to make suck
a removal ivas abolished forever ! It is a curious
coincidence that Lewis Morris, the first Chief Jus
tice, had a similar controversy with the Colonial
Executive, which terminated, says Bolton's History
of Westchester, in his removal, after having served
" ui limp each ably for twenty years." A remark
able letter to Governor Cosby, written on that
occasion by the Chief Justice, evinces the same
sturdy independence which marked the conduct
of his great-grandson under like circumstances.

26
Among other things, he wrote as follows : — "I
"am heartily sorry, Sir, for your own sake, as
"well as that of the public, that the King's re-
" presentative should be moved to so great a de-
"gree of warmth, which, I think, could proceed
" from no other reason, but my giving an opinion
"in a Court, of which I was the judge, upon a
"point of law that came before me, and in
" which I might be, innocently enough, mistaken ;
" (though I think I am not ;) for judges are no
"more infallible than their superiors are impecca-
"ble. But if judges are to be intimidated so as
"not to dare to give any opinion, but what is
"pleasing to a governor, and agreeable to his
"private views, the people of this province, who
"are very much concerned, both with respect to
"their lives and fortunes, in the freedom and in-
" dependency of those who are to judge of them,
"may possibly not think themselves so secure in
" either of them, as the laws and his Majesty in-
" tend they should be."
We thus see in the ancestor and the descendant*
the same defiance of arbitrary power, the same
fearless performance of duty, the same firm vindi
cation of motive.
Public favor spontaneously followed Judge
* For Recorder Morris' Letter to Goveuor Seward, see Appendix. -a

ft 27
Morris through life. He represented this City in
the Convention which formed the present organic
law of the State. Here it was my pleasure to be
his associate, and whilst his votes bear witness to
a singular accuracy in perceiving the popular will,
and a truly republican fidelity in conforming to it,
his whole course in life proves that the coinci
dence arose from principle, not servility. I have
never known a man more resolute and self-willed
in adhering to the conclusions which his own re
flections had led him to adopt. He conformed to
the spirit of the times, because his opinions were
truly American, and his every pulse-beat was in
sympathy with his country.
Judge Morris' health had been gradually un
dermined by the consequences of his early misfor
tune, and though his labors were extensive, ardu
ous and valuable since his election to the Bench of
this Court, that may, perhaps, be regarded as the
least active portion of his public life. On the
Bench he sustained the same relations to his
brethren of the Bar which had marked him whilst
in their ranks. Those relations I need not at
tempt to describe. They were the genuine off
spring of a most happy temperament. For my
self I can say that rarely have I derived as much

B-

•ffl

-a

28
pleasure from association with any individual.
Nearly equal in age and experience at the Bar, we
were frequently placed in the attitude of competi
tion for forensic success. Such contests are trying
to the passions, and very liable to jiroduce irrita
tion, yet never, in a single instance, were the ame
nities of professional intercourse disturbed or sus
pended between us. His demeanor was ever
courteous ; his manners were ever amiable and con
ciliatory ; it was, indeed, impossible to avoid re
ciprocating the kind feelings which marked his
every word and action. In him the solid, sub
stantial common sense, which it is the fashion to
call Saxon, seemed to be happily commingled with
the spirit, the vivacity, the readiness and the exci
tability belonging to his Welsh Ancestry. Al
though ever ready to meet, and coolly to respond
to a forensic attack, and, if necessary, to ' ' carry
the war into Africa," he used no weapons but those
which civilized warfare allows. He never used
one that left a rankling wound, consequently
neither on the Bench nor at the Bar has he left an
enemy. Judge Morris' talents were not of an order
more calculated to please the common than the
cultivated mind. What made Robert H. Morris a

m.

-®

29
lawyer ? It was admiration for the most eloquent
lawyer whom the State of New- York has ever
produced. His temperament was not that of an
imitator, yet, in connection with this known cir
cumstance in his life, I will advert to a fact as in
dicating the character of his mind. I well remem
ber an occasion whilst he was a leader at our Bar,
on which a strong testimony was given of his
abilities. Mr. Morris addressed a jury for several
hours, in a case of great importance, then on trial
in the Superior Court. The presiding Judge, who
had been an intimate friend of Elisha Williams,
listened throughout the argument with marked
attention, and at its close, stated that Mr. Morris'
tone, manner, diction and arrangement at once
easy, natural, persuasive and forcible, had so
strongly reminded him of Elisha Williams, that he
had been occasionally under an illusion. His
fancy depicted the great orator recalled from the
shades of death and speaking before him. That
Judge still lives and this day honors us with his
presence. Perhaps I should not name him. I
will say this, however. He is one whose compe
tency to form an accurate opinion none will dis
pute, and who has always been too rigid a lover of
truth to pay an unmerited compliment. Let this

30
suflice to vindicate the name and fame of Robert
H. Morris as a lawyer and as an advocate.
It is, perhaps, not generally known, that our pre
sent admirable Police system owes its existence
to Judge Morris. It was he who, foreseeing the
rapid growth of our City, called into council a
number of our wealthiest and most influential citi
zens, and first securing their approval and support,
framed the law, and carried it through the Legisla
ture by his active advocacy. But I feel that I have
trespassed too far upon your time, and should not,
in my zeal to applaud, in the indulgence of my ad
miration, or the expression of my grief, engross
too much of your attention. I am not his only
friend, and others are here, willing and desirous
to testify their sense of this great public and pri
vate loss. I will, however, say one thing more :
from his bereaved companion I have a note re
questing me to state a fact of deep and solemn
interest. Judge Morris died as good men should
wish to die — " in the faith of his Maker, in the as
sured hope of a blessed resurrection, and in chari
ty with all mankind."

m 31
WM. CURTIS NOYES, Esq. next took the
floor and said —
It is quite fitting, Mr. President, that the mem
bers of a profession, whose appropriate office it is
to aid in the administration of justice, should meet
on such occasions as this on which we are now
assembled, to show their sense of the merits of
their departed brethren.
We find ample proof of this, in recalling the
noble list of those who have more recently — some
of them in the springtime of their lives — gone
from among us. Among these is Ogden, as a con
stitutional lawyer, with only a single superior ;
Graham, as a complete criminal lawyer and elo
quent advocate, almost without a parallel ; Sand
ford, as a youthful Yice-Chancellor and Judge, the
imitator and promised rival of Lord Eldon ; Blunt,
generous as a man, and accomplished in some de
partments of our profession, beyond any of his
brethren ; Jones, as Chancellor, as Chief Justice
of the Superior Court and as a Judge of the
Supreme Court and of the Court of Appeals, in
variety and profundity of learning, without a com
peer ; Edward Sandford, unrivalled for industry
and legal research, whose professional ambition
was as large as the deep Atlantic, where his re-

32
mains rest for ever ; Woodruff, who shared his
unhappy fate, and who united a feminine delicacy
with Doric integrity of character worthy of general
imitation ; Edwards, the very ' ' Bayard" of a Judge,
" without fear and without reproach ;" and last,
and saddest, but not the least — though he died
very young — Henry S. Dodge, " the admirable
Crichton" of our profession. These, Sir, are some
of the jewels in our casket of professional recol
lections ; for as a Bar, we have met in the charac
ter of a family, with the same interest, the same
reputation, and the same destiny ; and although
rivalries sometimes distract or alienate us, yet, on
such occasions as this, they are and must be, all
forgotten. And now, Sir, another is added to the melan
choly list. He whose loss we now mourn, was
conspicuous in this community for more than a
quarter of a century. At the Bar, in the strife of
Politics, in our Legislative Halls, as Mayor of the
City and Postmaster, as twice on the Judicial
Bench, he attracted public observation in an emi
nent degree. This cannot be done without merit,
or in the absence of ability ; and this was pos
sessed by him in no common measure. We shall
remember him, Sir, and we shall cherish his
I ( — - — — ' q

w, ®

memory, because of his good sense and his profound
knowledge of men. This learning, which, for prac
tical purposes, is far better than that of books, he
possessed in a great degree We shall remember
him, too, for the sound judgment which character
ized his private as well as his judicial opinions ;
for the kindness and urbanity which he invariably
displayed on the Bench, and elsewhere, especially
toward the younger members of the profession ;
for the easy familiarity and correctness with which
he discharged the duties particularly of a Nisi
Prius Judge ; and for the clearness with which he
committed a cause to a Jury, and directed their
investigations in quest of truth. He rarely failed
in cases of this description, and I do not recollect
a single instance in which a Jury, under his instruc
tions, disagreed. We shall remember him, too, for
his uniform generosity, for his noble unselfishness,
and for that enlarged philanthropy, which embraced
all men and all conditions, and which made him so
great a favorite, that whenever he became a candi
date for popular distinction, he always distanced all
competitors. This trait in his character was nobly
exemplified, as some of your Honors will remem
ber, in his able and energetic, but gratuitous ef
forts, in behalf of the two homicides, Clark and

m-

34
Sullivan, and in the great exertions which he made
to procure their pardon, after what he deemed
and what — I am sorry to say — a good many of our
profession deemed, an illegal conviction. Selfish
ness had no home in his composition, and all who
came within the sphere of his influence, knew and
appreciated it. Elevated to the Bench of the Su
preme Court, he discharged the duties of the of
fice, notwithstanding feeble and failing health, and
under circumstances, in which no less an ener
getic spirit than his, could have sustained him at
all. He discharged those duties with industry,
with unquestioned probity, and has left many
judgments, which show the vigor of his mind, and
the accuracy of his legal knowledge. We may
differ with regard to one great act of his life
while Recorder — one which brought him more
conspicuously before the public than any other,
and which has been alluded to here to day. Gen
tlemen, who express themselves here, are, of course,
responsible for their own opinions. If I were
called upon to speak upon that subject, I should
differ with the learned gentleman who has preceded
me, in respect to any censure being applicable to
the Chief Magistrate who acted upon that occa
sion. But, in reference to that act, I can say, with

¦S

35
the sincerity of a perfect conviction,- that the' in
dividual whose loss we now deplore, acted conscien
tiously, believing that he was right ; nevertheless,
I have always believed, and still believe, he was
wrong. That, however, has passed away. It left
no stain upon his character ; integrity of purpose
was accorded to him, and it perhaps, rather
elevated him in the common regard, especially
with his own partizans, because it proved that
when he believed he was right, he went forward,
regardless o£ consequences. That was one great
characteristic of the man.
As an acquaintance and a friend of Judge Mor
ris, of many, many years, a friendship com
menced and cemented in the country when we
were both young ; one, whom he was the first to
welcome, socially and professionally, when, a
stranger, he became a member of this Bar, and
found himself in solitude, although surrounded by
multitudes — a kindness which he can never for
get — I offer this tribute to the memory of Mr,
Justice Morris.-

SS-

36
Ex-Recorder TILLOU then arose and said —
Mr. President : — I cannot resist the mourn
ful satisfaction of saying a few words in commen
dation of the deceased. It was my lot, Sir, to
have not only professional, but official relations
with Judge Morris in years past. Those official
relations were at a period in the municipal history
of our City, which was then, has since been, and
still is, regarded as a very interesting one. By
professional relations, I had long previously be
come intimate with Judge Morris, and I have had
further relations with him in those public stations
which he has occupied since being Mayor of this
City. Our acquaintance, therefore, may be said
to have extended over five and twenty years, and
it is: due to his memory to say, that from all the
knowledge I thus acquired of the man, I believe
all that has been said in commendation of him, is
strictly true. He was not only an efficient officer,
but he. was endowed with true benevolence.
From my observation of him, I always thought
that he was distinguished, not only for his fidelity
as a lawyer and advocate, but for the beneficence
which marked all his actions. He seemed to de
light most in protecting the helpless against the
strong, in guiding the unintelligent, in consoling

ffi.

.es 37
the afflicted, and in establishing and guarding
the rights of those who seemed to be aban
doned by others. Misfortune not only always
met with respect from him, but received effi
cient assistance. He united as many useful
and excellent qualities as a lawyer, as any man
you could point to ; he was not only faithful, de
voted and industrious, but he was zealous, and
when he sincerely believed his cause was right,
there was no limit to his exertions, but the limit
of his utmost ability.
But, Sir, it was as Mayor of this City that I
knew him most intimately. I happened then to
be a member of the Common Council, and had
frequent, indeed, daily intercourse with him. I
can truly say, that if ever a public officer per
formed his duty conscientiously, indefatigably,
industriously, devotedly, and with a deep and
abiding sense of true patriotism, Robert H. Mor
ris was that officer. During that year, many cir
cumstances arose, and many events occurred,
which brought him to the test as to what he
would do, and what he would not do, and
there never was one single occasion, when he
was called upon to do his duty, in which he
failed to do it. He always did it fearlessly,

sa-

a j i
38
energetically, and to the utmost extent of his
ability. The annals of that year will tell the
story more accurately than my memory will
enable me to do. It was an eventful year. It
was a year in which many important measures
were suggested — some of which were adopted —
for the reform of the evils that were then deemed
to exist in this City. It was in that memorable
year, that the finances of this City were, for the
first time, so managed, as that the burthen of tax
ation was lessened, and it was to his energies and
to his exertions, that it was in a great measure
to be attributed. As has been well and truly said
by one of the eloquent speakers who have pre
ceded me, it was in that year that Robert H.
Morris used his utmost ability to endeavor to im
prove the condition of the Police Department —
which, up to that time, had been a subject of
general and deserved complaint--and to give to
this City a policy ami. a system, which should enable
the life and property of the citizen to be secure,
and the laws to be properly enforced. In the annals
of that year, will be found- the plan which he himself
suggested ; but he was liberal enough to advo
cate any other plan which was suggested, that
had any merit. Often, during that year, have I
& ii

39
sought him upon official business, when he could
not be found for some time ; at last, he would
be discovered, locked up in one of the upper
rooms of the City Hall, there, by himself, working
industriously and anxiously upon some measure or
some document, or some branch of his official duty.
I doubt whether one single day of that man's exis
tence, during that official term, was spent by him
in idleness, or neglect of his duty. I never knew
him for a moment to evade any thing. I never
knew him guilty of a single act of manoeuvring.
I never knew him guilty of any thing that might
be called, for a moment, a deceitful action. In his
official career, he was always frank, candid, open
and ready to lend all his power to carry out any
measure of reform in his department. It always
appeared to me, that not only in private, but in
official life, he was a model for men to follow. As
has been well said, the acts of his relatives and
his family still live in the memory of this nation
—their actions, their characters and conduct
forming some of the brightest jewels of our his
tory. With all that patrician right — if you
please to call it so — to rank and respect, he was
modest, unassuming and affable, and to all, the
humblest, as well as the most high, he was dis-

-4

40
tinguished for the eminent courtesy and kindness
of his manners. "Take him, for all in all," perhaps
no public man has gone through so long a career,
where conflicts and collisions will more or less
arise, from their actions in the performance of
their duty, and come out with a deservedly
greater degree of credit than Robert H. Morris.
That he was a true Christian, I always believed ;
his conduct showed it. If real charity, if kind
ness of heart, if the exercise of the practical offices
of benevolence daily, to the most lowly and un
protected, if devotion to his Maker and his fellow-
men — if these constitute the elements of the Chris
tian character — then, indeed, was Robert H.
Morris a true Christian. I never heard him
avow a principle to which the most fastidious
might object. It is, therefore, with satisfaction,
that I support the Resolutions which have been
offered upon this occasion.

S-

41
Mr. JAMES R. WHITING then took the
floor and said —
Mr. Chairman : — We have again met in the
court of mourning. We are again surrounded
with the habiliments of woe, announcing to us
that the shaft of death has turned from among
the ranks of our profession, and fallen upon the
Bench. We have come together to praise and to
bury one who was recently enrolled in the ranks
of our profession, who, at the time he was stricken
down, was in the very midst of his usefulness on
the Bench, reminding us that the hand of death
may be laid heavily in high places, as well as in
low. We have come to speak of one with whom
it was our pleasure to associate when at the Bar,
and before whom we discharged a pleasurable
duty when he presided upon the Bench. I be
came acquainted with our late lamented friend —
our late professional brother — our still later
Judge, who held the even balances without
tremulousness — the man, who while in the pro
fession, did his duty and his whole duty, and
who, when upon the Bench, performed his duties
alike acceptably to suitors and an honest con
science, and, I trust so truly as to be approved of
by his great Maker. It was my fortune, I say, to

¦a

MIJP
42
become acquainted with him about the year 1838,
about which period he first came to the City of
New- York ; shortly before, and in the year 1836,
he had been elected a member of the Legislature
of this State. In April, 1838, he was appointed
Recorder of the City of New- York, and succeeded
our Richard Riker. He first presided at the May
Term of that Court, and in the following June it
became my good fortune (if it was so) to receive
the appointment of Prosecuting Attorney for this
County. I appeared before him on the 4th of
June, the day of my appointment. He held the
office of Recorder of the City of New- York, un
til the January Term, in 1841, and during that
period, in the administration of criminal justice
in the City of New-York, I never heard aught
against the purity of his character, or the justice
of his judgments. I had hoped that there would
have been no reference to the scene that occurred
in 1839 — a scene that was the result of one ofthe
deepest laid political plots, to overthrow and de
stroy the purity of the ballot-box of the City of
New- York, that ever occurred in this or any other
State. And having knowledge of the circumstan
ces connected with that transaction, it appears to
me, to be my duty now, or peradventure, I may

43
never hereafter have another fitting opportunity
to bear testimony to the truthfulness of purpose,
and to the fidelity with which he supposed he was
performing a legal and a proper duty upon that oc
casion. I remember well when the information
first came to the knowledge of the Recorder,
through Mayor Yarian, who then presided as
Chief Magistrate of this City. I remember well
when Mayor Yarian, together with his Honor, the
Recorder, upon that occasion called on me for
legal advice in relation to that transaction. I well
remember that the information' received by his
Honor, the Mayor, was reliable ; and I remember
well when Recorder Morris made up his mind to
accompany Mayor Yarian to the house of Mr.
Pierce ; it was the subject of consultation between
themselves. I remember when they called upon
me on the evening of that night ; it was then sug
gested to me that I should accompany them. I
declined, simply asking what they intended to do
at the house of Mr. Pierce. They said they had
been given to understand that in calling at the
house of Mr. Pierce he would surrender the papers
voluntarily. When they left me I did not — and I
do not now — believe that they had any intention of
assailing the rights secured by law to Mr. Pierce of

44
entire and perfect protection in his own house.
Upon that occasion it was alleged against the Recor
der, that he had violated the law and invaded the
constitutional rights and privileges of Mr. Pierce.
The excitement that grew out of that occasion
was purely political, with nothing patriotic about
it. The Recorder loved his country ; he loved
her institutions ; and the last sad resting place on
. which our future hopes depend, is the purity of
that ballot-box for which he strove ; and in rela
tion to which, if he committed any error, or his
reputation suffered for it, he was nevertheless,
the most anxious to support. Sir, at that time,
political excitement had gone so far, that men
high in office did not hesitate to lend themselves
to sacrifice their honor, their conscience, and their
dut}r towards themselves, their fellow-citizens, and
their God. But a few days before that transac
tion, a trembling witness entered my office, under
the influence of a subpoena, to attend a Grand
Jury, and implored to be relieved from the cruel
necessity, either of bringing starvation upon him
self and a famishing family, or of walking into
the Grand Jury room and committing a vile, pro
fligate, and outrageous perjury. It was sup
posed by our lamented brother and his Honor the

45
Mayor, that the possession of certain written docu
ments would render it unnecessary to drag from
the kennel and the gutter the men who had been
paid, and whose poverty had yielded to tempta
tion, and save the necessity of placing those men
either in the fearful position of committing per
jury, or of being cast into that long, wide road,
that leads to destruction ; by discharge from em
ployment, threatened by men of character, stand
ing, and wealth. And upon that occasion our
late and lamented friend, by whose body we now
stand, and which we are soon to consign to the
tomb — if, I say, he committed an error then in
violating private right, or constitutional liberty,
he did it in a cause that, sooner or later, will pre
sent the sad spectacle of the utter unfitness of men
for self-government. Perhaps a present admiring-
world may witness a total disregard of our insti
tutions, and an entire neglect of all laws for the
preservation of the purity of the ballot-box. As
his motive was pure, it will be acceptable in that
place whither his spirit has now fled to meet many
of the spirits then inhabiting a tabernacle but of
clay, who deemed that life would last forever, and
that the last sad reckoning would not come.
Many of whom, I say, who were connected in

46
that transaction have, with him, gone to that
judgment to be meted out to them from which
there is no appeal, and in relation to which there
will be no error. And I say to the memory of
that friend of mine, "Blessed are the dead who
"die in the performance of their duty, for their
" works shall follow them."
That time is coming, and I speak to this large
assemblage as a man who has passed the meridian
of life, when the severest test of the strength of
human beings to sustain a popular and represen
tative form of government is to be made — when,
perhaps, within one short week temptation will
spread throughout this district, in all its various
forms — when men will forget that beautiful por
tion of the prayer which we have all been taught
to utter — " Lead us not into temptation." I trust
in God, that in this coming contest, at the ballot-
box, the services which our departed friend has
rendered towards maintaining its purity, will be
remembered ; and that every man will place his
ballot there upon the responsibility which he
owes to his conscience and to his fellow-citizens,
unmoved by power, unseduced by favor, and
with but a single eye to how he may serve
the best and overshadowing interests of his coun

ts-

m " ' 
47 .
try in placing upon that Bench those in whom
the people may trust.
What is life ? It is but the commencement of
the race that we are all to run. Our birth is but
the starting point and death the goal. Some of us
reach the end of the race sooner than others ; and
he who reflects properly upon his life needs not to
fear death. What is death ? The separation of
the soul from the body. Who is it that fears it ?
Who is it that is not ready to meet it ? We must
all meet it, though, perhaps, not so gently and so
peacefully as our lamented friend. He met it al
most without premonition. He met it
" Without a groan or sigh, or glanee to show — a parting pang."
Sitting in his chair, in cool and calm conver
sation, the great arbiter of events thought pro
per peacefully and quietly to call him, to himself.
Blessed for all of us will it be, if we are prepared
to go. The question is one of preparation ; and
it strikes me, that when we are gathered together
to contemplate a scene like that, it is proper and
wholesome and useful to think of our own latter
end. The confusion, the turmoil, the strife of our
every day life, the excitement naturally flowing
from our professional career, often bring us in
sharp conflict with each other. We should hus-

©¦

.&

48
band a spirit of benevolence, a spirit of kindness
toward each other, such as would leave us in that
condition in which it were better that we should
depart, than in a state of angry controversy.
I do not intend to dwell upon the various traits
of his character which have been alluded to by
the gentlemen who have already addressed this
meeting, but I will say for him, that he had a
kind and a noble heart, which knew no guile, and
he had a forgiving spirit. I remember one occa
sion, a day set apart to pass judgment on those
who had been convicted during the previous week,
and called the sentence day ; Saturday was the
day set apart for such purpose ; the Court room
was thronged and crowded ; and the convicted
culprits who were to undergo sentence and punish- -
ment, were in their box ; from the number a poor,
miserable, emaciated female was put into the
dock, and asked by the Clerk the usual question,
why sentence should not be pronounced against
her ; the Judge had his attention called by a gen
tleman then in Court, to a little fellow among the
audience, some ten or twelve years old, who, when
the woman was placed in the dock, fell from his
seat upon his knees, and with upraised arms and
clasped hands, seemed breathing forth a prayer to

49
Him who pardons iniquity. The moment that
Judge Morris' attention was called to this affecting
scene, the answer was — ¦" Woman, go and sin no
more." She departed from the dock, and on
her way out of the Court room, the little fellow
clasped her by the hand, apparently the only sur
viving friend she had on earth. And will any
man tell me that such a response from a Judge
upon the Bench on such an occasion, (for, per
haps, some little temporary error,) will not find
an echo in Heaven ?
This was but a single act of many similar
which I could mention to the honor of Judge
Morris while he was on that Bench ; and al
though a gentleman now living — operated on by
political, and, perhaps, not just causes — removed
him from the Bench, his reputation did not suffer
by such removal. On the contrary it was greatly
enhanced, owing to the manner in which such re
moval was effected. A Judge for error of judg
ment should be called to account by his fellows
only when he is operated upon by improper mo
tives. If his motives are pure, then neither the
people nor the Governor have the right to inflict
so severe a punishment as deprivation of office.
Notwithstanding the removal, and in view of all
7

50
this, we find our lamented friend elected in 1841,
by — I had almost said, the unanimous vote of the
people, but certainly by — an immense majority of
the votes of the citizens of New-York, to the
high and dignified office of Chief Magistrate of
the City. In 1842 he was again elected, and
again in 1843. For these three years he presided
over the Municipal Administration of this City,
and while doing so, he made no war upon the de
fenceless ; he made no war upon the poor and
friendless ; he exercised no tyranny over his con
stituents ; and when any act of his was approved
by the people, he did not attribute that approval to
his personal character, or to his personal standing,
or to his extreme severity, but he acknowledged
that his dependence was on a superior being,
and, that he was but the instrument in His hands.
-A^ain, he was appointed to the high and re
sponsible office of Postmaster of the City of New-
York. He left that, office with a character for in
tegrity, for purity of purpose, unsullied and with
out reproach. In 1852, by the suffrage of his
fellow-citizens, he was elevated to that seat now
occupied by your Honors, and there, in just, ac
cordance with tbe rules which had always ac
tuated him, he Iield the scales of justice true,
iuiii7iiia55iip55'S7iiiH^

51
And, in three short years thereafter, at an early
age, in the midst of usefulness, with great hopes
of a prompt restoration to measurable health
from a previous attack, he is cut down by the
hand of death. He had hoped again to minister
to his fellow-citizens that high, that important,
that responsible duty — a duty, the awful responsi
bilities connected with which, there is not a man
following our profession, who does not know and
in some manner appreciate. I cannot speak of
the storms of passion that may be let loose in the
private consultation room of the Judges, but I
believe, as my learned friend (Judge Edmonds)
has stated, that our friend never partook of them.
It does not become me to speak of such scenes,
because I am personally unacquainted with them,
but if there ever have been such storms, let the
death of that honest Judge who presided on yon
der Bench, admonish us of the fleetingness of all
human things, and let us resolve, that if such
scenes have ever occurred, they shall never occur
again. The Judges when they enter the consul
tation room should, like the ancient priesthood
entering into the holy of holies — take the truth
from off the altar on which her bright flame
burns, and with guidance from him who is on

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High, and administer judgment and justice, tem
pered with mercy. That cannot be done amidst
the turbulent storms of passion ; it can only be
done by a cool, calm and dispassionate weighing
of the truth. What is life ? A fleeting vapor !
The poet has beautifully said : —
Our lives like hasting streams must be
That into one engulphing sea —
Are doomed to fall.
" The Sea of Death" whose waves roll on
O'er king and kingdom, crown and throne
And swallow all.
Let us all remember this. "Let him who
thinketh he standeth, take heed, lest he fall," for
alike we must all lie side by side with him whom
we this day mourn — -we shall alike appear before
a tribunal, where each will be held responsible for
the strict performance of his duty here, to him
self, to his fellow-men, and to his Maker — and
where we shall all have the full fruition of our
conduct while living dealt out to us, without any
of the errors and imperfections belonging to that
profession at whose shrine we now worship.
We have, within a very short time, been called
together upon one. upon two, upon three, and
upon four sad and melancholy occasions like this.
Let us each ask ourselves whose turn will it be
next, remembering the direction —
" Be ge also reabg."
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The question was then taken and the Resolutions were unani
mously adopted.
On motion of Mr. Disosway, it was ordered that the proceed
ings of the Meeting be authenticated by its officers and furnished
by tho Secretaries for publication in the daily papers.
The Meeting then adjourned.

jgromttitfla in % §oartf of Couitcilmnt,
FRIDAY, OCTOBER 26, 1855.

The President, D. D. Conover, Esq., in the Chair :
On motion, the reading of the minutes of the last Meeting was
dispensed with.
Councilman Seely then arose to a privilege question, and by
permission offered the following Eesolutions and desired the adop
tion of the same :
Whereas, On the 24th instant, by the will of Divine Provi
dence, one of the noblest and most, just of our fellow- citizens, who
occupied one ofthe first positions before our countrymen as well
as before the Bar, as Judge of the Supreme Court, was suddenly
called to a higher sphere than that of human greatness, and to
the presence of the great and immortal Judge of the Universe,
and, Whereas, The lamented Judge Rohgrt H Morris, in the
years 184l-'42-'43, occupied the Mayoralty Chair of our great
City with honor and credit to himself and to the community,
therefore be it
Resolved, That this Board, deeply sympathizing with the
family of the deceased in the loss of one time-honored, respected
¦and beloved by all, tender their sympathy in the bereavement
under which, by the will of God, they are at present afflicted.
Resolved, That the members of this Board attend the funeral
of deceased in a body, from the house of the father-in-law of de
ceased, at Astoria, on Saturday, the 27th inst., at 2 o'clock, P. M.
This was unanimously adopted.

The Board of Aldermen had adjourned for the month before
the intelligence of the death of Judge Morris was authenticated
in the City.

54

Cjt Jfmteral ®toqmes.

On Saturday, October 27th, 1855, after the adjournment ofthe
meeting of the Bench and the Bar, a large number of the mem
bers of the Legal Profession and other friends of the late lamented
Mr. Justice Morris, assembled at 2 o'clock, at the residence of
his father-in-law, Marcena Monson, Esq., of Astoria, to attend the
Funeral Obsequies. Great numbers parsed up the River on board
the steamer Ravenswood, and others went by the cars. The body,
inclosed in lead, and afterwards in an elegant rosewood coffin, was
placed on trestles in the lobby. A plate of glass permitted in
spection of the face, which bore no trace of change. Those who
had known the Judge, even slightly, during life, would have in
stantly recognized him. The coffin-plate was simply inscribed
with his name, and the dates of his birth and death —
"ROBERT HUNTER MORRIS,"
"BORN 15 FEB.. 1802 ; DIED 24 OCT., 1856."
The officiating Clergymen were the Rev. W. H. Ten Eyck, of
the Prot. Ref 'd Dutch Church, and the Rev. T. R. Chipman, of
the Protestant Episcopal Church. The Rev. Mr. Ten Eyck
invoked the divine blessing, after which the Rev. Mr. Chipman
read the 15th chapter of the 1st Epistle to the Corinthians, be
ginning at the 20th verse.

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The Rev. Mr. TEN EYCK then made the
following .AODIDIRIESS..

We have assembled, my friends, to pay the last
tribute of respect to one who has held a large
place in the regards of the public. And I may
here remark, that whatever I may say in relation
to the departed, is at the request of others, some
of whom are very near and dear friends ; and on
information received from them, not having my
self had the pleasure of an acquaintance with him
whom so many mourn. The Brother whose duty
it would have been to speak to you, was absent
from home when the arrangements for these ser
vices had to be made, and not returning, as I ex
pected, last evening, the duty devolves on me.
Robert H. Morris was born in the City of
New-York, on the 15th of February, 1802. Both
his grandfather and great-grandfather were Judges
under the English Crown ; the former being Judge
in the Court of Admiralty at the period of the
American Revolution, when he resigned his office,
with all its emoluments, and espoused the cause

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56
of the people. After the formation of the State
Government of New-York, and in process of time,
he received the high .office of Chief Justice of this
State, and held it during the time prescribed b)r
the Constitution.
The father of the deceased removed from New-
York City to Hudson, when his son was but a lad,
and in that City his boyhood and youth were
spent, and he there received his education. Hav
ing pursued the study of law he was admitted to
practice, and commenced his honorable career at
Johnston, Columbia County. In 1827, Mr.
Morris came to New-York City, where he acted
as Assistant District Attorney. Mr. Morris was
elected to the Legislature of the State in 1833,
and was re-elected. He was appointed Recorder
ofthe City in 1838 ; in 1841, Mayor of the City,
and re-elected to this office also twice, the incum
bent at that time holding office for one year. In
1845 he was appointed Postmaster ofthe City by
President Polk, and held that office for four years.
While Postmaster, he was elected, in 1846, a
member of the Constitutional Convention of the
State which formed the present State Constitu
tion ; and in 1852, he was elected a Justice of
the Supreme Court of the First Judicial District,

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57
for eight years ; only about one-quarter of his
term of office had expired when death laid him
low. In February, 1854, he was taken sick, and
for a long time his life was considered in great
danger. In the Providence of God he was
spared, and after nearly five months of great
prostration, most of the time he being unable to
help himself, he was so far restored as to be able
to visit one of the Medicinal Springs in the inte
rior of the State. His health gradually improved,
until he was finally able to attend to his duties.
He resumed his labors, although never perfectly
well, and with fidelity discharged the duties of his
office. His general health just previous to his
death, had been as good as he had enjoyed for
sometime — and the Messenger, as is so generally
the case, came suddenly — we cannot say unex
pectedly, for we think that he did not anticipate
many years upon the earth. In all the relations
of life, Judge Morris, we believe was beloved,
and those who knew him best, appreciated his
worth the most. But it is not for me to speak his
eulogy. His course is ended, his race is run, and
all who were associated with him in life in what
ever capacity, may be admonished that the grave
is to be their home. As we stand here to-day,

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how impressive is the lesson taught us. How
solemn are the thoughts which must crowd upon
every mind. The Judge speaks to us not from
the Bar nor the Bench. — -not from the halls of
Legislation or the Chair of the Chief Magistrate
— but from the Coffin, with the shroud about his
prostrate form. And so, my friends, we are re
minded that — it is appropriate for the Minister of
the Gospel, whenever he is called to mingle his
sympathies with a sorrowing family under cir
cumstances like the present, to say something
which is connected with his office. We are re
minded by the event which has called us here of
our mortality ; and when we think of that we
cannot fail to remember, that in many a respect
we are enveloped in mystery. In every depart
ment of knowledge there are points beyond'which
unassisted reason cannot go, and where man
stands in earnest and inquiring solicitude. But
among all the subjects which have called into ex
ercise his reasoning powers, there is not one
around which has gathered more of uncertainty,
and more of mystery, than man himself. Curi
ously and wonderfully made in his physical frame
—curiously and wonderfully formed in his mental
constitution, with vast powers both of mind and

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59
of body, man stands forth the noblest of all ani
mal being, and at the same time the most shroud
ed in mystery. From whence he came ? whither
is he going ? are questions which have agitated
his bosom in every period of his history. And
they are questions, too, which reason unassisted
by Divine Revelation, has never been able so to
answer, as not to leave man himself anxiously
looking for more light and more knowledge.
One of the wisest of all the ancient philoso
phers, when about to take the last farewell of
earth, said to those about him- — "It is time for
us to depart, that I may die and you may live, to
which of us it shall be better is unknown to all
but God." Dreadful mystery was felt to hang
about the future. There has ever been so much
to lead man to look for another state of being
than that which he possesses here, that he has
never been able to settle quietly down in the be
lief that death is an eternal sleep. And there
ever has been so much uncertainty about the fu
ture existence of the whole man, soul and body,
that he has never, with only the light of nature
to guide him, been able to look forward with cer
tainty to a continued life beyond the grave. So,
that while some, as did Socrates of old, have

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60
faintly hoped for another life ; others have as
faintly denied that man would exist after death.
And yet, my friends, the testimony which reason
gives in favor of such an existence is so strong,
that whoever will look at it with a candid mind,
cannot — nay, he dare not say — that the grave is
man's final home.
Behold that delicate infant ! It looks fair and
beautiful in its mother's arms. The smile of life
and oft of joy lights up its countenance, and it
seems to have been formed for some other pur
pose than to sleep forever in the earth. But sud
denly death comes, and all that remains of it, or
appertains to it, is the clay, the shroud, the coffin,
and the grave. Look at that noble youth ! He
bids fair for some great achievement in knowledge,
in art, or in science. But death comes and the
light is put out in his tabernacle ; the bounding
heart ceases to beat, and all that is now before
us is the clay, the shroud, the coffin, and the
grave. Look at that earnest investigator of
scientific truth ! He goes down into the depths
of the earth and brings up knowledge. He ascends
into the regions of space, and tells the courses of
the planets, unfolds the vastness of creation, and
finds himself at home among the stars. He makes

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61
the earth, the air, and the waters bring their tribute
to his stores of learning, and men pay to him the
homage of their admiration. But death comes,
and his busy mind is darkened. The treasures of
his learning are all sealed up, and nothing remains
for his fellow-men to contemplate, but the clay,
the shroud, the coffin, and the grave. Look at
that wise and enlightened statesman ! He threads
his way through the most intricate difficulties of
governmental policy, and by the solidity of his
judgment, and the far reaching wisdom of his
statesmanship challenges the respect of his coun
trymen. But death comes, and his form is pros
trate. The powers of his mind are all broken,
and we have only to contemplate the clay, the
shroud, the coffin, and the grave.
Look at that fearless champion of human rights !
Senators and Legislators hang in breathless silence
on his lips. The stiring appeals of his oratory
wake up the fire of patriotism in their bosoms,
and they resolve to peril their all for their coun
try. But death comes, and he is laid low in that
very presence where he was the all animating
spirit, and the wise and the honorable have before
them nothing but the clay, the shroud, the coffin,
and the grave. And look again at the noble

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62
Counsellor and Judge, as he sits among his peers !
His mind can grasp the science of law, and follow
it in its varied applications. Respected for his
legal attainments, he is honored among his breth
ren at the Bar. But in a few short hours, he is cut
down in the ripeness of his intellect, and we have
before us the clay, the shrotjd, the coffin, and
the GRAVE.
And thus is it with all that live upon the earth.
The good, the wise, the noble, and the brave, are
all borne to the great charnel-house, there to sleep
in silence. And now, can we believe ; can even
men, without the light of revelation, persuade
themselves so as to be free from all doubt, and
have no fear of their hereafter, that when Death
lays the body low, there is an end of man.
No ! men cannot believe thus. They will not
have such belittling views of man. Their aspira
tions and their desires are to live again, and rea
son suggests that they shall. And so they are
prepared for the magnificent announcement that
there shall be a resurrection of the dead. Though
this announcement may not resolve all the mys
teries connected with man's future being, it does
give him a rock on which to build his hopes.
And as an Ambassador of Christ, we may testify

63
to our faith in this glorious doctrine, as we have
the emblems of man's mortality before us. And
here, in the presence of such an assembly, may we
point to the promise and the power of Almighty
God for the fulfillment of our expectations. This
is ike rock on which the Christian builds his hopes.
God hath said it, and he has power to fulfill the
declaration that " the dead shall hear the voice of
•the Son of God and live."
But along with this comes from the same book,
that other declaration in which all are interested,
high and low, rich and poor, learned and unlearn
ed — after death the Judgment — not the judgment
¦of man, but the Judgment of Almighty God.
And in view of this, all, without respect of per
sons, are told, that in order to meet that Judg
ment, they need some other righteousness than
their own, even the righteousness of Jesus Christ,
which is by faith.
Now, my friends, these truths which we have
thus briefly stated, were felt in all their impor
tance by him whose prostrate form is before us,
and they who knew him best, feel that it is an act
of justice to his memory that a glimpse of his
inner and retired life should be given. We com
ply with their wishes ; not — let us be distinctly

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64
understood — not for the purpose of securing testi
mony to the truth of Christianity from a Judge.
Christianity has too much external and internal
evidence, that appeals to every man's reason and
judgment to require such testimony. No — we
speak that the departed may have justice done to
his memory.
Judge Morris, when on his sick bed, in 1854,
had his mind specially called to religion ; and
then and there received impressions that remain
ed with him until his death. One who was his
nearest and dearest friend says, that since that
time, the Bible was his constant companion when
in his retirement. To her he imparted his inten
tion to espouse his Maker's cause, by becoming a
communicant in His Holy Church, and he had
selected one of the Presbyterian Churches in the
City, (the Rev. Dr. Adams') as the place where he
would number himself with the regular wor
shipers. Being weak in body, and impressed
with the idea that his life would not be long, his
thoughts naturally were directed to the last great
change, and the needed preparation to meet it.
And often, in the still hours of the night, when
he was upon his bed, unable to sleep, he was en
gaged in prayer. He was brought, where it is

©¦

pill S3
65
hard to bring men, to that point when he would
confess himself a sinner, and that only the Atone
ment could meet his wants. One whose Christian
experience is large was sought by him, and to her
he unbosomed his thoughts, confessing himself a
sinner, recognizing the need of regeneration by
the Spirit, and salvation by Christ. It was only
last Sabbath that he said — "I have hope only
through the blood and righteousness of Jesus
Christ." He wanted no other Mediator to stand
between him and his God. Just as he was
breathing out his spirit into the hands of God
who gave it, the last words he uttered were, "I
AM NOT AFRAID TO DIE"  " GoD BE MERCIFl'L TO
MY SINS."
We leave you, my friends, to draw your own
inferences. But we cannot fail to impress upon
you all, the duty of thinking of your hereafter
now. It is only because men neglect to think on
this subject that they live without Christ, and die
without hope. While by this dispensation of
God's Providence we may all learn ' ' to cultivate
towards each other sentiments of kindness, charity
and forgiveness." May it not also teach us all —
how short is life — how certain is death. And
may it not also lead us all to turn to that Savior

66
who has brought life and immortality to light.
Of old it was written — "0 death, I will be thy
plagues — 0 grave, I will be thy destruction."
And in the fullness of time, he of whom this was
written, came, and entering the dark valley, that
he might taste death for man, he came forth in
triumph, with the exultant language — " I am he
that liveth, and was dead ; and behold, I am alive
forever more ; and have the keys of hell and of
death." " 0 death, where is thy sting?
0 grave, where is thy victory ?"
What shall be compared to such knowledge ?
Who can slight the teachings of such a Gospel?
We pray that you may all be led to consider that
you not only must die, but that you also need a
preparation for death, in that repentance for sin
and regeneration by the Spirit, which is accom
panied by that faith in the atonement of Jesus
Christ by which men alone can be saved.
At the close of these remarks, Mr. Ten Eyck offered an apr
propriate prayer, and pronounced the Benediction.

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€\t Closing Ceremonies.

The sorrowing relatives and friends of the Deceased, hav
ing surrounded the Body, and taken their " last long-lingering
look" of one who was so denrly beloved ; the Coffin, preceded
by the Rev. Messrs. Ten Eyck and Chipman, was then borne
by hand from the Mansion to the Vault ofthe Church in Astoria,
from whence it is to be removed to the Family Vault at Morri-
sania. The Pall-Bearers, were Judges Mitchell, Roosevelt,
Clerke and Cowles, (associates of the late Judge on the Bench
of the First Judicial District,) Ex-Judge Edmonds, Mr. Chas.
O'Conor, Mr. Daniel Lord and Mr. David E. Wheeler. The
ProcessioD, which was very numerous, moved two and two. Imme
diately after the Pall-Bearers came Doctors Baylies, Sen'r and
JunV — who, with the Clergymen and Pall-Bearers, were robed in
the usual white scarf — Mr. Marcena Monson, the Father-in-law of
the deceased Judge ; Mr. James L Morris, Mr. William. L.
Morris, Mr. Lewis G-. Morris, his Brothers; Mr. Marcena
Monson, Jun'r, (formerly Assistant Postmaster of the deceased,)
Mr. James A Hamilton, Mr. Thomas W. LudLovv, his Brothers-
in-law ; and very many other members of the family, and his per
sonal and professional friends. The Kev. Mr. Chipman conducted
the funeral services at the Vault, in a very feeling and eloquent
manner. The whole scene was solemn and impressive, and the
flags of the Village, as well as those on the ferry boats, were half
mast, out of respect to the memory of one who, while living, was
beloved, and is now mourned as among the dead.

68

;$?at[r Slbnlt0(i*lt bq rnir $amor.

Jimwal Sermon
DEL1VBRKD BY THE
Rev. BENJAMIN F. STEAD,
Dastor of t{e $«sl)»Utian. ffljurct), Astoria, on Suit&as, 3Sei. 23, 1855.

II. TIMOTHY, i., 10.
- Oor Savior Jpsus Christ, who hath abolished Death, and hath brought life

AND IMBIORTALITY TO LIGHT THROUGH THE GOSPEL.

We have, in this Epistle, a beautiful illustration
of the power of the Gospel to support and com
fort those who truly receive it.
It was written by one who was a prisoner for
the Gospel's sake, an embassador of Christ in
bonds. He had been called to speak before the
Roman tribunal, and had successfully defended
himself against the first charge brought against
him. His Earthly friends, with perhaps a single ex
ception, had deserted him. but his Heavenly Friend

69
stood by him. He was strengthened by the power
of God's Spirit, and pleaded the cause, not of
himself only, but of the Gospel.
Although acquitted on the first charge, he was
remanded to prison, and was there awaiting the
second stage of his trial. Paul did not expect a
final acquittal, but looked for his death there in
Rome, a martyr for Christ.
But not with fear and trembling did he antici
pate that event ; on the contrary, he expresses his
feelings in that sublime strain of triumphant hope,
which has cheered many a Christian and nerved
the heart of many a martyr. "lam now ready
to be offered, and the time of my departure is at
hand. I have fought a good fight ; I have finished
my course ; I have kept the faith : henceforth
there is laid up for me a crown of righteousness,
which the Lord, the righteous Judge, shall give
me at that day, and not to me only, but to all
them that love his appearing."
If jou ask the foundation of this good and glo
rious hope, you will find it in our text, it rested
only upon " Our Savior Jesus Christ."
The very first sentence of Paul's First Epistle
to Timothy expresses this sentiment: "Paul, an
Apostle of Jesus Christ, by the commandment of

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70
God, our Savior, and Lord Jesus Christ, which is
our hope."
Christ is the ground of the Christian's hope.
All that he hopes for, is through Christ. Christ is
the object of the Christian's hope ; to be like
Christ ; to be with Christ, that is Heaven.
To one supported by this hope, the galling fet
ters, the gloomy dungeon, the bloody sword of
the executioner lost their terror, and his only
anxiety, was to inspire his Christian friends with
the same holy, fearless confidence, which he felt
himself. Paul expected soon to die : to die in circum
stances from which human nature shrinks, to die
a violent death, to die as a criminal, to die amid
the exulting shouts of his own and his Master's
enemies ; but with calmness, and fortitude, and
exultation, he could face this death and truly say,
" None of these things move me."
What supported him ?
We can understand why the patriot warrior, or
the patriot martyr boldly faces death. But no
such motive could apply in the case of Paul.
It was not patriotism ; it was not the hope of
posthumous renown. Apart from his confidence
in his Christian principles, he could have no hope,

71
either for posthumous renown in this world, or for
a happy life in another.
His energy, his fortitude, his peace of mind, all
sprung from this one source, his faith.
He said, "I believe, and therefore preach."
With equal truth, he might have said, " I believe.
and therefore die."
In regard to himself, Paul believed, that although
he was a sinner — yea, the chief of sinners — he
was a pardoned sinner ; that in Christ he had re
demption through his blood, the forgiveness of
sins according to the riches of God's grace ; that
being in Christ he was not under condemnation,
and being justified by faith, he had peace with
God through our Lord Jesus Christ : he knew in
whom he believed, and that our Lord and Savior
was able to keep that sacred deposit which his ser
vant had committed to him : being fully persuaded
that the promises of God were faithful, and wor
thy of all acceptation, he rejoiced with joy un
speakable and full of glory.
In regard to his future destiny, Paul felt per
fectly at ease. He valued his life as needful to
the Church, but he regarded death as really desi
rable, because then he should be with Christ. He
knew that his body might be treated with indig-

T
72
nity, the scorn and sport of the multitude on a
Roman Holiday, but he believed the Savior, the
Lord Jesus Christ, would change his vile body
that it might be made like unto Christ's glorious
body. He believed, that in a moment, in the
twinkling of an eye, at the last trump, his body
should be raised incorruptible, and the mortal
would put on immortality ; that death should be
swallowed up in victory, and that God would give
him the victory through our Lord Jesus Christ ;
that having thus been raised up, his soul reunited
to his body, made incorruptible, glorious and
spiritual, he should be forever with the Lord.
This was Paul's creed in regard to his personal
salvation, soul and body, through our Lord Jesus
Christ. These expectations were not founded
upon the indications of nature, or the speculations
of philosophy, or the fictions of imagination, vainly
shrinking from a gloomy and uncertain future, but
upon the sure word of God.
All this is summarily contained in our text and
its connection. " God hath not given us the spirit
of fear ; but of power, and of love, and of a
sound mind. Be not thou therefore ashamed of
the testimony of our Lord, nor of me, his pris
oner : but be thou partaker of the afflictions of

m-

73
the Gospel according to the power of God ; who
hath saved us and called us with a holy calling, not
according to our works, but according to His own
purpose and grace which was given us in Christ
Jesus before the world began ; but is now made
manifest, by the appearing of our Savior Jesus
Christ, who hath abolished Death and hath brought
life and immortality to light through the Gospel."
If we place along side of this Christian hope,
that of any heathen, of the wisest and best men,
destitute of Divine Revelation, we must be struck
with the contrast. In these days, and in these
Christian lands, when all our sentiments are so
pervaded with the hope of immortality, we can
scarcely conceive of the intense darkness which
brooded over the human mind in the days of
Paul. We know enough of the great men, both of
Grecian and Roman history, to be assured that
their sentiments, their motives, their actions, were
in no measure controlled by the hope or the fear
of a future existence.
The hope of a future state is styled by Cicero
" a surmise of future ages." "It is," said Seneca,
" a most pleasant thing promised, rather than
proved, by our great men." 10

¦f
74
At his death, Socrates spoke thus : " I hope to
go hence to good men, but of that I am not very
confident, nor cloth it become any wise man to be
positive that so it will be." "I must now die,"
said he, " and you shall live, but which of us is in
the better state is unknown to all except to God."
If such was the gloomy uncertainty that brood
ed over the human mind, without Divine Revela
tion, how well is it said that our Savior Jesus
Christ hath abolished Death and brought life and
immortality to light through the Gospel.
But so far as there existed a sentiment of im
mortality, how different was it from the Christian
sentiment. It was not founded upon any substan
tial basis. It rested upon dreamy metaphysical
reasoning, upon foolish traditions, upon absurd
mythologies ; while our Christian sentiment is
based upon the most authentic facts, upon the in
fallible word of God himself, upon the work and
promises of Him who was manifestly the Son of
God. How different too, the Christian doctrine in re
gard to the nature of that existence.
The heathen notions were gross, sensual, ab
surd, but the Gospel reveals for the righteous a
state of enlarged knowledge, of purity, of liappi-

75
ness, in harmony with our spiritual nature, and
with the character of a holy God.
The expression used by the Apostle, that our
Savior hath abolished Death, seems to be an illu
sion to the idea of Death as a reigning power, as
a tyrant ruling over men with relentless severity.
That tyrant shall be destroyed. In the apocalyp
tic vision of John, Death was cast into the lake of
fire. The incarnation of the Son of God was to
the end, that through Death He might destroy
him that had the power of Death. And in his
argument for the resurrection of Christ, and his
statement of the resurrection of believers, Paul
declares that Christ must reign until He hath put
all enemies under His feet, and that the last of His
enemies, Death, also shall be destroyed.
This final triumph is the object of Christian
hope. There is, indeed, a sense in which Christ
has actually abolished Death, nullified his power,
taken away his sting ; but that blessing is appre
hended only by faith, is realized only by those who
walk by faith, and live as seeing the things that
are invisible.
To the eye of sense, Death yet reigns, and really
and fatally over those who love not Christ.
They, indeed, remain substantially in the condi-

76
tion in which we may presume all mankind
would have been, had not the Grace of God pro
vided a Savior.
Take away the hope of Salvation, and how
gloomy the prospect.
How universal, how absolute the reign of Death.
He puts an end to earthly projects ; in that day
earthly plans are brought to naught.
He strips of earthly possessions ; as we brought
nothing into this world, so it is certain we can
carry nothing out. He levels all ranks. The
small and the great are there. Death is an inexo
rable and an impartial enemy. No wealth can
bribe him ; no tears can move him : the strength
of the strongest cannot withstand him : the skill
of the wisest cannot baffle him. None can redeem
himself from Death, nor give a ransom for his
brother. Thus absolute, seems the reign of Death, and
yet it is true, this assertion of our text, that our
Savior Jesus Christ hath abolished Death. True,
the ancient edict still remains. ' ' Dust thou art, and
unto dust thou shall return," but the dissolution of
the body is of itself an event comparatively in
significant. Thus certainly, it may be regarded by those

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77
who can say, " We know that if our earthly house
of this tabernacle were dissolved, we have a build
ing of God, a house not made with hands, eternal
in the heavens."
Christ hath abolished Death, by delivering His
people from all the evil consequences of Death. To
them, Death is no longer a leap in the dark, no
longer a dreadful uncertainty, but only a change
from imperfection to perfection, from ignorance to
knowledge, from a world of sorrow to the comfor
table presence of God. In the light and hope of
the Gospel, the death of the body is only a tem
porary sleep : it is the decay of a tent, in the place
of which shall be erected a building of Divine
workmanship and durability.
Such is the Gospel doctrine on this most inte
resting subject. It is well and briefly expressed
in these words: "The souls of believers are at
their death made perfect in holiness, and do im
mediately pass into glory : and their bodies being
still united to Christ, do rest in their graves until
the Resurrection."
In the prospect of death, or in the death of
those precious to us, what could be more comfort
ing than this hope of a future life. A hope so
well founded, resting on the most rational and

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78
substantial grounds ; a hope of a life to come of
perfect purity from sin, and exemption from sor
row ; a life of enlarged and ever increasing knowl
edge, of perfect peace, of endless and uninterrupted
happiness. This is an adequate support under all
the ills of life.
To one strong and unwavering in this faith, and
whose heart is fixed in the love of God, death
has lost its terrors. To such, dying is but going
home. Blessed Gospel, that reveals to us this glo
rious truth ! Blessed hope, that can support us in
every trial of life or death !
In every age, Christ's people have found their
strength and their hope in these blessed promises
of God.
For more than two hundred years, the excava
tions under the City of Rome were the refuge of
the persecuted Christians. During those days of
persecution, those caves were at once, dwelling,
temple and sepulchre, for the people of God.
When the Roman Empire fell, these catacombs
were neglected, their entrances were closed up,
and for a thousand years, they were well nigh for
gotten. In the latter part of the 16th Century,
they were opened, and many of their treasures were
brought to light. Three thousand marble slabs, with *

79
their various inscriptions, were brought out and
placed in the wall of a long gallery, at the en
trance of the Vatican Museum. There the traveler
may now read the annals of a noble army of Mar
tyrs. This exhibition is rendered more impressive by
the fact, that on the opposite side of the gallery are
arranged a multitude of inscriptions, taken from
heathen monuments.
How great the contrast! On the one side are
dedications to heathen divinities, embellished with
the symbols of the Roman heathen mythology, all
full of gloom ; no Hope, no Heaven, no Resurrec
tion. On the other side, is every emblem and every
expression of faith, and hope, and blessedness.
Usually the inscription is accompanied by a mono
gram of the name, Christ, showing the source
and ground of all their hopes.
Among the inscriptions are such as these ; the
name of the deceased, with the words, " He
sleeps," or " He sleeps in Peace." The symbols
employed illustrate the hopes and doctrines of the
persecuted infant Church : there is the palm leaf,
sometimes a wreath, sometimes a branch, signify
ing victory over Death, and a crown beyond this

80
life : there is the anchor, the emblem of Christian
hope : the Cross, the emblem of Christian faith :
the dove, the ship under full sail, heavenward
bound : the letters A il, the apocalyptic title of
Christ. All these are full of glorious meaning,
and show what it was that sustained these Chris
tian worthies in enduring persecution even unto
death. The ground of a Christian's belief on this sub
ject of a future life, and of the Resurrection, is
simply in Divine Revelation. Here, nature is
dumb. No reasoning concerning matter or spirit
can satisfy us. The man whose faith is found
ed on such a basis, can hope only amid fears and
apprehensions. The ground of our belief must be a
" Thus saith the Lord," our "faith should not stand
in the wisdom of men, but in the power of God."
Satisfied that we have God's word in these
Scriptures, we come with confidence to them for
light and consolation.
Who of us does not need this light, when we
consider our own rapid progress to the end of our
earthly career ?
Who of us does not need this consolation, when
we consider those dear to our memory, whose
mortal bodies are slumbering in the dust I

81
We believe that Jesus died and rose again, and
we also believe that those who sleep in Jesus,
God will bring with Him. The pious dead sleep
in Jesus. Precious words ! , The redeemed spirit
is in Paradise with its Lord. The body sleeps in
Jesus. It awaits the hour of its Resurrection. It
is still united to Christ. Such is the utterance of
the voice from Heaven.
" Blessed are the dead which die in the Lord."
Their Spirits are forever with the Lord : their
bodies rest in hope.
A Christian youth was being borne to the tomb.
The venerable father follows, and to the young
men bearing the precious object, he says : " Step
lightly, young men, step lightly, you bear a tem
ple of the Holy Ghost."
A Christian body is a temple of the Holy Ghost,
and when it is laid down to its last long sleep, the
Son of God that redeemed it, still regards it with
interest and affection.
It may slumber long, but still, He with whom
a thousand years is as one day, watches faithfully
the sacred dust.
As the mother watches her sleeping babe, so
does our glorious Savior watch each redeemed
body, until the time of the first Resurrection.

¦a
82
The centuries that your departed friends may
sleep, are to the eternal God no longer than is the
hour of the babe's slumber to its watching mother.
But while the body thus rests in hope, the Soul
is active and happy in the presence of the Lord.
In God's appointed time the final glorious change
shall come, when the dead in Christ shall be rais
ed, when the living righteous shall joyfully greet
the coming of their Lord, and changed into His
glorious likeness, with the pious dead of every
age, they shall be perfectly holy and happy, both
in soul and body, in the immediate vision and frui
tion of God the Father, of our Lord Jesus Christ,
and of the Holy Spirit, to all eternity. This is the
life, brought to light in the Gospel. This the
Eternal Life, freely offered as a gift through our
Lord Jesus Christ.
All this, and more than heart can conceive, is
included in that closing sentence of Paul's descrip
tion of the happiness of the Christian dead.
(/. Thess., iv., 13-17.)
 " So shall we ever be with the Lord."
" For ever with the Lord,"
Amen, so let it be !
Life from the dead is in that word,
'Tis immortality.

'kr~

83
Here in the body pent,
Absent from Him I roam,
Yet nightly pitch my moving tent
A day's march nearer home.
My Father's house on high,
Home of my Soul, how near,
At times to faith's foreseeing eye,
Thy golden gates appear !
" Knowing as I am known,"
How shall I love that word !
And oft repeat before the throne,
'' For ever with the Lord."
The tomb shall echo deep
That death-awakening sound :
The Saints shall hear it in their sleep
And answer from the ground.
Then when they upward fly,
That Resurrection word
Shall be their shout of victory,
" For ever with the Lord."
That Resurrection word,
That shout of victory,
Once more, " for ever with the Lord,"
Amen, so let it be.
This is what God's word teaches us to hope for
ourselves, if we receive Christ to our hearts.
This is what God's word teaches us to hope for
our friends who have departed in the faith of
Christ. It is in this light and with this hope that we

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84
would contemplate the death of one who has re
cently been removed from us.
The Hon. Robert H. Morris, to whose memory
we offer a brief tribute, and of whose death we
wish to speak, in connection with the religious
truths just presented, although not permanently a
resident among us, we were wont to regard, on
account of his connection and frequent sojourn
with an esteemed family of this congregation, and
his occasional presence in this House of Worship,
as really one of us.
The public life of Judge Morris has already
been spoken of in the appropriate places. He
has been eulogized, highly indeed, but we believe
not unduly, as a Lawyer, a Magistrate, a Judge.
His compeers in these various positions have spon
taneously uttered their sentiments of respect and
admiration for his talents, his industry, his integ
rity. His courtesy, his generosity, his benevolence,
his philanthropy, have been well and truly charac
terized. It is not the office of the Minister of Christ,
from the desk consecrated to religion, to indulge
in indiscriminate eulogies on mortal men, the liv
ing, or the dead ; but it is becoming and proper

¦a

85
to recognize the virtues of our departed friends,
and to magnify the Divine Grace which we regard
as the source of all moral excellence, and the only
ground of hope for any of our race.
Being absent on a Christian duty at the time of
his disease and funeral, I follow both the sugges
tion of my own mind and the wishes of those
nearest to him, in performing this service, which,
from various circumstances, has been necessarily
postponed until this day. Although my opportu
nities for personal acquaintance and intercourse
with Judge Morris were somewhat limited, they
were sufficient to inspire a high degree of respect
and a sincere interest in his spiritual welfare.
On the subject of religion I found him entirely
accessible, ready to converse on the most serious
topics ; while the tenor of his conversations indi
cated his recognition of the reality and importance
of religion as a personal matter.
When in the House of God he appeared as a
candid and devout listener. I well remember his
allusion to a discourse which he heard from this
pulpit, on "Man's judgment of himself, contrast
ed with God's judgment." Meeting him during
the week he expressed himself in such terms in
regard to the subject, as indicated a spirit of in-

86
terest, and as I hoped, a sense of those great
practical truths of religion, the sinfulness of man
and the holiness of God.
Judge Morris never made a public profession
of religion.
This is a matter of regret. There is no intel
lect so lofty as to be exempt from allegiance to
Christ. There is no position so high that it may
not be ennobled by the influence of Christianity.
I am glad to say, however, that our honored
Friend recognized this in expressing to her ever
nearest to him, his intention to make such a pro
fession, and his conviction, that every one con
scious of the change, which he had realized in his
own feelings, should before the world avow God
as his Guide and Savior. That in his case it
might have been made consistently and properly,
we believe was happily indicated by the whole
tenor of his last days.
We all knew Judge Morris as a man of most
cheerful temperament, of most genial disposition,
of most unlimited kindness.
The poor heard of his death with sorrow, and
felt that they had lost a friend.
I think that, without exaggeration, we may
apply to him the language of the patriarch Job in

87
the vindication of himself against unjust accusa
tions. " When the ear heard me, then it blessed me ;
And when the eye saw me, it gave witness to me :
Because I delivered the poor that cried,
And the fatherless, and him that had none to help
him.
The blessing of him that was ready to perish came
upon me :
And I caused the widow's heart to sing for joy."
{Job, xxix., 11-13.)
In speaking of his domestic character, I feel
that I am approaching holy ground. There are
those, it is to be feared, who appear best away
from home ; who keep their good manners and
kindness for exhibition in public, rather than to
be used at home.
Such was not the case with our deceased Friend.
Those who knew him best esteemed and loved him
most. He was a joyous light in his household.
Only those who have heard the expressions of
those most near, can conceive of their estimate of
their loss in his death. His private life was of
unsullied purity, and in his domestic relations
his fidelity and devotion were unsurpassed.

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88
Since the time of Judge Morris' serious illness,
more than a year ago, his mind had evidently been
especially directed to the subject of his spiritual
condition. God's Word was his daily study. Often was he
seen with folded hands, and moving lips, lifting
up his heart to that God who has revealed him
self as the hearer of prayer, and who has gra
ciously promised in answer to prayer, to bestow
every spiritual blessing. On the Lord's Day, all
professional studies were laid aside, and although
physical infirmities kept him from the House of
God, he found in the Holy Scriptures appropriate
subjects of study and conversation.
He was familiar with the Scriptures, and often
as he studied some point of law, with his surviving
companion sitting beside him, he would turn to
her and repeat some text as confirming or illus
trating his view of the subject in hand.
Taught by that Divine Word and Spirit, on the
last Sabbath of his life, when in his ordinary
health, and having no apprehension of his disso
lution, he made this good confession :
"I HAVE HOPE ONLY THROUGH THE BLOOD AND-
RIGHTEOUSNESS OF JESUS CHRIST."
When, unexpectedly to all, but perhaps least so

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m 89

to himself, his last hour came, he calmly said, " I
AM not afraid to die," and expired with a peaceful
reliance on the mercies of the Almighty, through
the merits of our Lord and Savior Jesus Christ.
This mercy of our God through our Savior
Jesus Christ, is the only ground of hope for our
selves or for our friends. This we feel to be a
sufficient ground. Our warrant is the true sayings
of God, the completed work of redemption wrought
by Him who is Mighty to save. Let us, however,
remember, that the promise is to those who be
lieve. Jesus saith : "lam the Resurrection and
the Life : he that believeth in Me, though he were
dead, yet shall he live : and whosoever liveth and
believeth in Me, shall never die."
Dost thou believe on the Son of God ?
This clear light from Heaven, this wonderful
revelation of Divine love, has been granted us,
that we might be stimulated to attain that glory
which shall be revealed. The light of the Gospel
which so illumines the narrow path, casts a still
deeper gloom over the broad road.
The dying heathen goes into the future world
with only apprehensions of unknown evil, but he
who from the midst of Gospel light goes down to
death in impenitence and unbelief, has before him

e-

! ! S !
90
"a certain, fearful looking for of judgment and
fiery indignation."
Heaven's glories are set before us as an object
to be striven for. " To them, who by patient con
tinuance in well doing, seek for glory, and honor,
and immortality, God will render eternal life."
Each one of us is rapidly advancing towards the
close of this present life. That event settles ulti
mately each man's condition. The second death
stands under the shadow of the first, and He only
can deliver us from the one, who in His own glo
rious Resurrection triumphed over the other.
While we joyfully hope for our departed friends
in Christ, let us not ourselves neglect the Great
Salvation. But seeking to be made free from sin,
and becoming servants of God, may we have our
fruit unto holiness, and the end everlasting life.
For the wages of sin is Death ; but the gift of God
is Eternal Life through Jesus Christ our Lord.

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91

A.i:>i>E3srr>ix:.

THE EXECUTIVE AND
THE RECORDER OP THE CITY OF NEW- YORK.
 h-^»~m 
TO THE PUBLIC:
As I know that Governor Seward, after having
written to me for my answer to charges preferred
by him against me, has, without waiting for my
defence, recommended to the Senate my removal
from office, I deem it due to the public and to my
self to publish the annexed correspondence. I re
ceived the Governor's communication on Saturday,
the 2d of January, which concludes thus : "I
shall expect a reply at your earliest convenience ."
I immediately acknowledged the receipt of it, and
stated, " I will at the earliest moment my business
in Court will permit, (the January Term of the
Court of Sessions will commence on Monday,) re
ply to it." I finished my reply on the 8th of Jan
uary, and forwarded it on the 9th, and yet the
Governor, notwithstanding the severe storms which
for days interrupted the course of the mails, on
Tuesday, the 12th, without waiting for my justifi
cation, recommended to the Senate my removal
from office. ROBT. H. MORRIS.
January 15, 1841.

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92

Executive Department,
Albany. December 29, 1840.
Sir, — My attention has been called to a charge published in
several newspapers in the City of New- York, purporting to have
been delivered by you to the Grand Jury impanneled for the
General Sessions of the peace of the City and County of New-
York in November last
In that charge you give an account of certain official proceed
ings in which you had been engaged, and you state, among other
things, that you proceeded in the night time to the house of a citi
zen, and demanded of him certain papers sealed in a package
which had been delivered to him for safe keeping, by an individual
against whom a criminal complaint had been made before you, but
which complaint did not involve any charge of having unlawfully
obtained the papers so demanded ; that upon the said citizen hesi
tating to deliver the package, you declared to him that if he did
not deliver it, you would search for the papers and seize them by
force, by virtue of your authority, as a Magistrate ; and that un
der the coercion of the threat the papers were delivered to you,
and in the charge before mentioned, you vindicate this conduct,
and maintain that it was strictly legal and proper.
The most mature deliberation has satisfied me that in the case
stated, any search warrant for the private papers of the accused,
which papers were not alleged to have been feloniously stolen or
unlawfully acquired, would have been a violation of the most sa
cred private rights and of the most cherished principles of civil lib
erty, and that the seizure of such papers, in such case, by you as
a judicial officer, without warrant on oath, was more aggravated
than the issuing of a search warrant would have been, because it
was a mingling of executive and judicial functions derogatory to
your station, and dangerous to the citizen. In availing yourself
of your station as a Judge, to spread your defence and vindica
tion of these proceedings, before the body to whom was assigned
by law the duty of inquiring into your conduct, and who were re
stricted to the evidence, and could have only the Counsel on the
part of the people, you not only obtained an improper advantage
denied to all other citizens in similar circumstances, but furnished
an example to other judicial officers, which, if permitted to pass
without censure, may become a precedent of the most alarming
tendency. With these views I shall deem it my duty to recommend to the
Senate your removal Irom the office of Recorder of the City of
New-York, unless you deny the fact of having delivered the pub
lished charge, or unless you can change the conviction of my mind
in respect to the illegality of the specified proceedings, by some

T- 93
legal adjudications, or by expositions of the common law by ele
mentary writers of established authority, and which adjudications
and expositions shall be other than those referred to in the charge.
I do not call upon you for any facts or pi oofs in relation to the
case that was the subject of the complaint before you. With them
I have no official concern in the present stage of the proceeedings,
and they can have no bearing upon the points presented in this
letter. Every Judge, and every Justice of the Peace, has the
same right and power of search that you can lawfully claim, and
if the power of search be possessed by such officers to the extent
in which you have exercised it and maintained it before the Grand
Jury, the dwellings of our fellow-citizens, whether they be inno
cent or guilty of offence against the laws, their family affairs, their
private transactions, and even the meditations of their hearts, are
all exposed at the discretion of a Magistrate, and we are without
safeguards against oppression and the abuse of power.
If our laws have designed to produce such a state of soeiety,
the innocence pf the party accused in the proceedings before you,
cannot change laws ; and on the other hand your conduct, if it
was hostile, as I believe it was, to the spirit and letter of our
statutes, cannot be excused by the criminality of the individual in
whose person the wrong has been consumated.
Nor do I call upon you for any proofs in relation to the fact of
your having delivered the published charge. Your denial or ad
mission will for the present be sufficient.
You will perceive, therefore, that if you deny the fact of hav
ing delivered the charge published there will be no occasion for
further action, and that, if you admit that fact, all that in the pre
sent view of the case is called for, are the authorities before men
tioned, bearing upon the legality of your proceedings, with such
comments on those authorities as you may think proper to make.
I shall expect a reply at your earliest convenience.
I am your obedient servant,
WILLIAM H. SEWARD.
The Hon. Robert H. Morris, Recorder of the City and County
of New- York.

New- York, January 2, 1841.
To. his Excellency Gov. SEWARD :
Sir,- — Your letter of the 29th of December, was
received by me this morning, at half past 10
o'clock. I will at the earliest moment my busi-

 <p
94
ness in Court will permit, (the January Term of
the Court of Sessions will commence on Monday,)
reply to it.
Very respectfully, yours, &c.r
ROBERT H. MORRIS,
Recorder of the City of New-York r

To his Excellency WM. H. SEWARD, Gove-
NOR OF THE STATE OF NEW-YOKK :
Sir, — Professional and official duties have pre
vented an earlier reply to your Excellency's letter
of the 29th December ult., the receipt of which
I acknowledged by my note to your Excellency of
the 2nd of January inst.
Your Excellency's letter informs me that your
Excellency's ' ' attention has been called to a charge
published in several newspapers in the City of
New-York, purporting to have been delivered by
you" [me] "to the Grand Jury impanneled for the
General Sessions of the City and County of New-
York, in November last." To which charge your
Excellency takes exception, as well as to my con
duct detailed in that charge.
Your Excellency also uses the following lan
guage : "I shall deem it my duty to recommend to
the Senate your removal from the office of Recorder
of the City of New- York, unless you deny the fact
of having delivered the charge, or unless you can
change the conviction of my mind in respect to
the illegality of the specified proceedings, by some
adjudications or by expositions of the common law
by elementary writers of established authority."
And your Excellency adds, "Nor do I call upon
you for any proofs in relation to the fact of your
having delivered the published charge. Your de
nial or admission will for the present be sufficient.

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«-

95
You will perceive, therefore, if you deny the fact
of having delivered the charge published, there
will be no occasimn for further action.
I cannot callto recollection any act of mine, or
any occurrence in my official communications with
your Excellency, which should induce your Excel
lency to suppose I could, under any circumstances,
deny a "facf'toi which I had personal knowledge ;
or that could create a suspicion in your Excel
lency's mind that I would permit two months to
elapse, after the public prints had given in their
report of tbe proceedings of the Court of Ses
sions, a charge to the Grand Jury, purporting
to have feeeoi delivered by me, without denying
its authenticity, if I had not delivered it ; and
I am at a loss to determine how your Excel
lency could, with a proper regard to a sense of
duty, receive from me a denial of this "fact" as a
circumstance which would destroy all ' ' occasion
for further actiom."
I did deliver to the Grand Jury of the City and
County >of New- York, at the November Term of
that 'Court, a charge to which I presume your
Excellency refers ; though your Excellency has
not informed me of the name of the paper in
whieh your Excellency read it. Your Excellency
informs me, " The most mature deliberation has
satisfied" you " that in the case stated, any search
warrant for the private papers of the accused,
which papers were not alleged to have been felo
niously stolen or unlawfully acquired, would have
been a violation of the most sacred private rights,
and of the most cherished principles of civil lib
erty." Your Excellency also expresses an opinion
that my conduct " was hostile to the spirit and
letter of the statute."

96
These two last extracts from your Excellency's
communication to me, indicate that your Excel
lency supposes that in my charge I contended that
a search warrant could be issued for the private
papers of the accused, which papers were not al
leged to have been feloniously stolen ; and that I
claimed that the spirit and letter of the statute
authorized such search warrant. In my charge I
expressly state that no search warrant can be is
sued for the papers of the accused, and that the
statutes do not apply to the case of my taking the
papers ; and I also stated, that if no other legal
authority existed for making search than the stat
utes, my conduct was indefensible.
To avoid any further misapprehension on this
subject, on the part of your Excellency, I will
make an extract from my charge.
" This conduct of mine is contended to have
been illegal — and if, after the censures which have
been passed upon me, for my previous conduct in
this investigation, is made the most prominent act
of my alleged offending."
The 11th section of the Bill of Rights, 1st Re
vised Statutes, 2d edition, page 84, states :
"The right ofthe people to be secure in their
persons, houses, papers and effects, against unrea
sonable search and seizure, ought not to be vio
lated ; and no warrants can issue but upon proba
ble cause, supported by an oath or affirmation,
and particularly describing the place to be search
ed, and the persons or things to be seized."
This section shows that a reasonable search and
seizure is not a violation of the people's rights.
[2 Revised Statutes, 625, sections 25, 26, 27, 29.]
§ 25. Upon complaint being made on oath to
any officer or Magistrate specified in the Second

97
Title of this Chapter, as authorized to issue war
rants for the apprehension of offenders, that any
personal property has been stolen or embezzled,
and that the complainant suspects that such pro
perty is concealed in any particular house or place,
if such Magistrate be satisfied that there is reason
able ground for such suspicion, he shall issue a
warrant to search for such property.
§ 26. Such a warrant shall be directed to the
Sheriff of the County, or any Constable or Mar
shal of the Town or City, and shall command him
to search the place where such property is sus
pected to be concealed, in the day time, (which
place shall be particularly designated, and the
property shall be particularly described in such
warrant,) and to bring such property before the
Magistrate issuing the warrant.
§ 27. If there be positive proof that any pro
perty stolen or embezzled, is concealed in any par
ticular house or place, the warrant may authorize
the search of such house or place in the night
time. § 29. Any Magistrate who shall commit any per
son charged with any offence to prison, or by
whom any vagrant or disorderly person shall be
committed, may cause such person to be searched
for the purpose of discovering any property he
may have ; and if any property be found, the
same may be taken and applied to the support of
such person while in confinement.
These sections of our statutes have been relied
upon to show that I acted not only without law,
but against the express letter and spirit of the law.
These sections, with the exception of section 11,
from the Bill of Rights, have no application what
ever to the question whether I had a right to

98
search for written testimony against Glentworth.
Before referring again to the 1 1 th section of the
Bill of Rights, which, in my judgment, sanctions
the course I pursued, I will show what those sec
tions do mean, and to what interests they are ap
plicable. The sections 25, 26 and 27, which I have read
to you, are for the same object. They givo to a
Court or Judge exercising criminal jurisdiction,
the power to issue a warrant for civil, individual
redress. Upon the warrant mentioned in those
sections, an individual's property is reclaimed and
delivered to him ; such warrant is to answer the
same object that is accomplished by writ of re
plevin in civil Courts. These sections do not con
template, nor do they authorize a search warrant,
or to search property or papers for evidence of
guilt. A search warrant cannot be issued to
search for the property of the accused, to be used
as evidence.
The 29th section is only for the purpose of au
thorizing the Magistrates to take from the person
accused property belonging to the accused, and to
apply such property to pay his maintenance while
he is imprisoned.' If these sections were the only
law authorizing Magistrates and officers to search
the premises of accused persons, and take there
from property, then there would be no law to au
thorize the persons and the premises of accused
persons, and his papers to be searched ; and there
would be no right to take from the premises of ac
cused individuals, either counterfeit bills, or wea
pons with which murder had been committed.
It is, therefore, perfectly apparent, if these sec
tions of the statute are applicable at all to the
question, growing out of my taking Glentworth's

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99

papers, that they establish that under no circum
stance is there legal right, by warrant or other
wise, to search the person, house or papers of an
accused person, to find evidence tending to prove
his guilt.
Your Excellency will therefore perceive, that I
take precisely the same view of the statutes, and
of search warrants, that is so happily expressed in
your Excellency's communication. It is with un
feigned satisfaction that I receive the high au
thority of your Excellency's opinion, formed as it
has been, " after the most mature deliberation,"
that under no circumstance can a search warrant
be issued for the papers of the accused, which
have not been feloniously or illegally taken. I
will hereafter, when I consider the law which jus
tifies my conduct, again refer to your Excellency's
opinion as conclusive in establishing the legality
of my course.
Your Excellency is pleased to say, " I do not
call upon you for any facts or proofs in relation
to the case that was the subject of the complaint
before you ; with them I have no official concern
in the present stage of the proceedings, and they
can have no bearing upon the points presented in
this letter." " If our laws have designed to produce
such a state of society, the innocence of the party
accused, in the proceedings before you, cannot
change those laws ; and, on the other hand, your
conduct, if it was hostile, as I believe it was, to
the spirit and letter of our statute, cannot be ex
cused by the criminality of the individual in whose
person the wrong has been consummated."
I am confident that your Excellency, after due
reflection, will admit the propriety of my not fol
lowing your Excellency's dictation, as to what is

¦a

100
or is not essential to my defence, as to what state
ment of facts are or are not necessary to the per
fect understanding of the law, which I claim sus
tains the course I pursued. A Judge who is either
to condemn or acquit, (at least in this republican
land of equal rights, (leaves to the culprit the dis
cretion and privilege of presenting his defence in
such manner as his judgment dictates, to be best
calculated truly to exhibit his innocence. I can
not, therefore, be instrumental in establishing a
precedent which hereafter might be used as au
thority for a Judge to dictate to the accused the
manner and substance of his defence ; and least of
all, can I do so in a matter where the Judge dic
tating has prejudged the case, who has, in the lan
guage of your Excellency, determined that the
conduct of the accused is " derogatory to his sta
tion and dangerous to the citizen," who says to the
accused, unless you can change the " conviction of
my mind in respect to the illegality of the speci
fied proceedings," and who also states, "your con
duct, if it was hostile, as I believe it was, to the
spirit and letter of the statute," &c.
I will therefore claim and exercise the same
right that all culprits enjoy. I will present to your
Excellency all the facts and circumstances which
I deem necessary to show that I am not obnoxious
to the imputations made against me.
The first charge which your Excellency prefers
against me is, that my taking the package of pa
pers from Mr. Pierce was illegal.
That conduct I justify. I send with this com
munication copies of the affidavits of Jas. Young,
Jonathan D. Stevenson, Patrick McArdle, John
F. Raymond, Richard M. Blatchford and Robert
C. Wetmore, witnesses examined before me, in the

i h

ill
101
matter of election frauds of the fall of 1838, and
the spring of 1839. These are correct copies of
the affidavits now in the possession of the District
Attorney for the City and County of New-York.
I made them a part of this my defence.
These examinations were all taken, before I
went and obtained from Mr. Pierce the papers
which are the subject of this charge.
The facts thus testified to, established in my
judgment that there had been a conspiracy to sub
vert the fundamental principle of our Republican
Government ; that among the conspirators were
men of wealth, of high standing, of previously
esteemed unexceptionable character ; men of tal
ent and corresponding influence in the community.
That testimony also satisfied my judgment that
the conspirators had been successful ; that votes
from Philadelphia had defraude'd a majority of the
electors of the City and County of New-York out
of their just representation ; that adverse to the
Democratic Republican principle of our institu
tions, which requires that the majority should be
represented, the minority, through the aid of
fraud and perjury, elected the officers.
The testimony of Patrick McArdle, and of John
F. Raymond, taken in the order I have named
them, were both examined on the 22d of October,
separately from each other, and testified before
Richard M. Blatchford and Robert C. Wetmore
were examined. These affidavits showed the con
spiracy, and that the conspirators were numerous,
and Raymond's testimony, if true, showed that
Robert C. Wetmore was a prominent and active
conspirator. Richard M. Blatchford was then examined : the
first suspicious circumstance in Mr. Blatchford's

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102
testimony is, when he first gives the date of the
letter which is said to have been sent to Glent
worth. He testified : " The following is a copy of
the letter: New-York, October 31st, 1840. I
have made a mistake, as this is written from a
copy, and I ask leave to alter it. As altered it
should read New- York, October 31st, 1838."
This circumstance did excite suspicions in me. If
the letter had been written for the purposes of the
examination, then it would be natural, as it was
written in 1840, that the person writing it would
run into the figures of the year he was in the habit
of writing ; it was also true that a person in 1S40
copying a paper written in 1838, may write 1840 ;
still my suspicions were excited, because it was so
unprofessional for a lawyer of Mr. Blatchford's
known standing and experience, to produce a copy
of a copy from which to testify.
My suspicions were more excited when I heard
Mr Wetmore testify, who was examined after Mr.
Blatchford. Mr. Wetmore 's testimony expressly
contradicted the evidence of Mr. Raymond ; either
his or Raymond's testimony must be corruptly
false ; at the time, I was impressed with the be
lief that there was less probability that Raymond,
a subordinate politician, would falsely accuse his
friend and leader, than that the leader should de
ny his own participation in the frauds. All these
circumstances iuduced me to suppose that the con
spiracy about which I was inquiring would affect
individuals who would make desperate efforts to
free their characters from obloquy.
The result of my observation has been — and I
presume that of your Excellency is the same —
that intelligent individuals, possessing wealth, of
previously good character, of an elevated standing

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103
in the community, surrounded by dependents, and
connected in their social and political relations
with the elevated and the influential, when sus
pected of the commission of a crime, will resort
to more desperate means, to avoid detection and
conviction, than low and ordinary culprits will
presume to use ; and that such delinquents, not
unfrequently, to avoid the conviction of one of
fence, will either cause others to be committed for
their benefit, or will themselves commit more hein
ous offences, to defeat the prosecution of the one
suspected. As many of the individuals implicated
by the testimony, in this most vile plot against
freemen's rights and privileges — against the very
foundation of liberty and our boasted democratic
institutions, were men ofthe elevated and influen
tial standing alluded to, I deemed it my duty as
an officer, sworn to support our Constitution, and
to perform the duties of my office according to the
best of my abilities, to make every legal effort to
obtain the receipts for moneys paid for the illegal
votes mentioned in the testimony of Mr. Young
and Mr. Stevenson, before they should be destroy
ed by those whose characters might be injured by
their production.
If those could be obtained they would be, if I
may so speak, written witnesses, who would tell
the same story, "yesterday, to-day and forever ;"
witnesses who could not forget, or form ingenious
and plausible misrepresentations, which would
give to falsehood the semblance of truth. I be
lieved, if those receipts could be obtained, they
would he corroborations strong " as proofs of holy-
writ, " ofthe truth ofthe transaction. I therefore
went and obtained of Mr. Pierce the package of pa
pers, as described in my charge to the Grand Jury.

K>

104
This package of papers has since been opened —
opened before my charge was delivered to the
Grand Jury, and it contained the receipts alluded
to, and other papers, showing the commission of
the frauds. I annex copies of the papers as a
part of my defence.
These papers are a part of the res gestae, a part
and parcel of the fraud itself, as much so as coun
terfeit bills are a part and parcel ofthe act of coun
terfeiting. The facts to which I apply the law, and call
your Excellency's attention, are —
An examining and committing Magistrate, in
the course of his investigation into an offence,
treasonable in its effects against the people of this
State, discovers that receipts and memoranda giv
en at the time the treason or conspiracy was in
progress, by one set of the conspirators to other
of the conspirators, for moneys paid by the last
mentioned persons in consideration ofthe treason
able acts to be rendered and performed, are in the
custody of the confidential friend of one of the
parties implicated. The Magistrate, fearing that
the receipts and memoranda will be destroyed,
goes immediately, and in the night, to the dwell
ing of the confidential friend, and in his official ca
pacity demands and receives the receipts and
memoranda. The receipts and memoranda proved to be of
the description supposed, and are important evi
dence, showing the commission of the offence.
Your Excellency has been pleased to state : "Every
Judge and every Justice ofthe Peace, has the same
right and power of search that you can lawfully
claim, and if the power of search be possessed by
such officers to the extent in which you have exer-

105

cised it, and maintained it before the Grand Jury,
the dwellings of our fellow citizens, whether they
be innocent or guilty of offence against the laws,
their family affairs, their private transactions, and
even the meditations of their hearts, are all ex
posed at the discretion of a Magistrate, and we
are without safeguards against oppression and the
abuse of power."
I fully agree with your Excellency that every
Judge and Justice of the Peace has the same legal
power of search that the Recorder of the City of
New- York possesses, and contend that they not
only have the right, but that it is their imperious
duty, at the earliest moment after information
reaches them, whether it be day or night, to enter
the dwelling of the murderer — to search for the
implements which caused the death, before the
blood of the victim could be washed from the fatal
weapon — to seek for the blood-stained garments
of the culprit ; to go into the house of the coun
terfeiter, to search for the implements of his felo
nious labors, and for counterfeit bills and coin ; to
enter the dwelling of the burglar for his bars, his
false keys, his screws for forcing locks and doors ;
to enter the dwellings of conspiring traitors for
written agreements of their conspirac}r. This
power does not authorize either them or the Re
corder to invade the sacred private sanctuary of
the honest and virtuous citizen ; and least of all
does it authorize them to usurp the power of the
Deity, and search "the meditations of their
hearts." The abuse that might be made of a necessary
power, never should be used as an argument against
the power itself; for upon this principle, with
equal truth it may be contended, that Magistrates

IE 106
should not have the power of arresting and de
taining criminals, lest they might abuse the power
and arrest innocent citizens.
The power which I exercised has been used by
the Magistracy of this City, for a period longer
than we have been a nation, and has been exer
cised for the benefit and protection of the inno
cent citizen. To this City the apprehensions of
your Excellency do not apply ; neither can your
Excellency's apprehensions with justice apply to
the country. Although I am a native of this City,
much of my early life was spent in the country ;
and I know the sterling worth, the staunch integ
rity, the pure patriotism, the indomitable opposi
tion to tyranny and oppression, and the strong
practical good sense and intelligence of the in
habitants of the country. I have reason to know
them ; the benefits I have received from their as
sociation, from their precept, example and princi
ples, are invaluable to me. I also know their
Magistracy, and knowing them as I do, I feel as
sured they cannot abuse the power delegated to
them. Your Excellency's ardent patriotism has
created spectre abuses that can never be realized.
Your Excellency's opinion, contained in your let
ter to me, to which I have before alluded, shows
conclusively that no search warrant can be issued
for the property of the accused, which were not
alleged to have been feloniously or unlawfully ac
quired. I would remark, that if the property had
been feloniously stolen, or illegally obtained by
the accused, the property would not be the pro
perty of the accused, but would belong to the in
dividual from whom he stole it, and the search
warrant would be to take from the accused, pro
perty belonging to others — the ordinary case where

! I' i r i ¦ i ¦ .1 ij

— < I

107

search warrants lie. As your Excellency could
not have intended to speak of papers and property
feloniously stolen, and unlawfully obtained by the
accuser from the accused, the clear unembarrassed
manner of stating your Excellency's opinion is, "that
a search warrant cannot issue to take the pro
perty of the accused." In this opinion I fully agree
with your Excellency, and the authorities certainly
sustain us in that opinion. The only difference
between your Excellency and myself is, that your
Excellency is of the opinion that where a search
warrant will not lie, then no search can be made ;
while I contend that there are cases where no
search warrant can lie, and yet the Magistrate may
search, or may direct others to make the search ;
and my opinion is, that it is always most prudent
for the Magistrate to be present at the search, to
direct it, so that improper acts should not be com
mitted, and that strictly private rights and domes
tic affairs, in which the public's rights and interests
were not concerned, should not be violated.
Was there not such power given by the law to
Magistrates, and did not the Magistracy exercise
it, the apprehension of your Excellency " and we
are without safeguards against oppression and tlie
abuse of power," would be fearfully realized.
We would have houses occupied by hordes oi
prowling miscreants, distributed through our Cities
and Villages ; from these houses— these castles —
these Cities of refuge — counterfeiters would sally
forth, and impose their counterfeit bills and coin
upon the innocent citizen.
Should they be detected in passing a counterfeit
bill or false coin, their persons could not be search
ed to see if they had other coin or bills of the same
description. Their houses could not be searched,

&•

m-

108

for no warrant can be issued, as the counterfeit
money and the implements would be the property
of the accused, therefore the scienter could not be
established. The same security and immunity
would be extended to every grade and class of
crime, and no one could be convicted unless taken
in the act. Such law would produce such conse
quences, and the innocent citizen would be " with
out safeguards against oppression and the abuse of
power" imposed and exercised upon them by the
vile, the abandoned, and the felonious. There
would be no redress for the innocent, because the
law which your Excellency contends for, would be
an impenetrable shield and a tower of strength,
guarding the houses and the persons of depreda
tors against the honest efforts of the despoiled,
seeking protection and redress.
My case is not one in which I had invaded the
sanctuary of a citizen's home, or made search
amongst his private papers to obtain evidence of
his having committed a crime. I took from a de
pository of a criminal, part of his criminal acts,
and whether they were taken from a strong box,
or hiding place, or a fiduciary, is of no conse
quence in determining the question of right. Nor
is it important that in this case the act consisted
of written papers, while in other cases they are
counterfeit plates, burglars' fools, the implements
with which murder has been perpetrated, or the
bloody garments of the murderer. If a Magis
trate has the right to search a house for such ar
ticles as these, then my conduct in seizing the
Glentworth papers was clearly legal. Whether
such a right exists, I shall very briefly discuss ;
first premising that as we have already seen, and
you so clearly and strongly state, the rules appli-

j | .imim-Minu II in,.  .„  ii., ,| j

109

cable to search warrants have nothing to do with
the question, and that the power I claim has been
exercised for centuries, and under our institutions,
without being before called in question.
I must still refer your Excellency to the authori
ties contained in my charge, in addition to which
I allude to the following :
In Blackstone, 4th vol. 292, and 1st Blackstone
350, you will find the powers of Justices of the
Peace defined, and the books to which he refers,
viz. : Lambard's Eirenarch and Burn's Justice,
show that a commission of a Justice ofthe Peace,
"first empowers him singly to conserve the peace,
and thereby gives him all the powers of the an
cient conservators of the common law. in suppress
ing riots and affrays, in taking securities for the
peace, and in apprehending and committing felons
and other inferior criminals." In 1st Blackstone
356, the duties of constables are thus described :
" The general duties of all constables, both in high
and petit, as well as those of the other officers, is
to keep the King's peace in their several districts,
and to that purpose, they are armed with very
large powers of arresting and imprisoning, of break
ing open houses and the like." This means of
course, breaking open houses for lawful purposes.
There is no difference between the powers of
Justices of the Peace, and constables, in regard to
the arrest of felons, and searches, as the authorities I
have cited show, and both have power "to pursue
felons and keep the goods found on them, as direc
ted by the Court," (5th Report 2,) cited in Peters-
dorff 's Abridgment, vol. VI., 129. Some of the
cases I have cited in my charge, show clearly, that
property and papers found on the persons of crim
inals, have been received in evidence against them,

110

and without any objection made to the obtaining
them by the officers ; such was Watson's case, 2d
Starkie, C, 1 40. Rex vs. Salter, 5 Esp. Cases, 125,
and the remark of Abbot, C. J., is very strong,
that " an assize had scarcely ever occurred, where
it did not happen that part of the evidence against
a prisoner, consisted of proof that the stolen pro
perty was found in his house after his apprehen
sion. In the celebrated case of Fontleroy, the great
banker, tried in London, for forgery, he was ar
rested by a police officer in his banking house. As
he left to accompany the officer, he locked his desk
with a key attached to his watch chain. Upon
this fact being stated to the Magistrate, the officer
and a solicitor ofthe bank were sent with the key
to search the desk of Fontleroy. In the search of
the desk and in a private drawer, they found other
keys with wh'ch they returned to the Magistrate.
They were directed to return to the place, and
with the aid of the keys make further search. In
an adjoining room to that in which he had been
arrested, they found two boxes lettered " Fontle
roy ;" upon trying the keys, they were found to
open the boxes, and they then took the boxes with
them. These boxes were examined and found to
contain bonds, mortgages, certificates of stock and
powers of attorney, some of which were forgeries,
were used as evidence against him upon the trial,
produced his conviction, and he was executed.
Now, he was defended by a Counsel of such emi
nence, that he has since been raised to the Bench
of England.
In the late case of Robinson, who was lately ar
rested and committed for the murder of Mr. Suy-
dam, at New Brunswick, he was arrested on sus-

a ' ,(i

331
111
picion growing out of some declarations he had
made. Being brought before the Magistrate, and
not sufficient proof appearing against him, he was
asked if he would consent to have his house search
ed. He positively refused. Without warrant, his
house was searched. The flooring of his basement
was torn up, and the mangled corpse of Suydam
was there found buried. His papers were then
searched. Among them, were found a bond and
mortgage, which had been given by Robinson to
Suydam. The finding of these papers which had
shortly before been in the possession of Suydam,
connected Robinson with the murder, and will no
doubt produce his conviction. For all this there
was no search warrant, nor could one have been
issued. These are two of the numberless cases
which years have witnessed, and every day pro
duces. I need not detail others. Your Excellency
will find in the reports countless cases, in which,
from what was discovered in searches like those I
have described, the community was rid of most
desperate offenders.
The remaining specification which your Excel
lency prefers against me, is for my having deliver
ed my charge to the Grand Jury. Your Excellen
cy says, " In availing yourself of your station as a
Judge to spread before the body to whom was
assigned by law the duty of inquiring into your
conduct, and who were restricted to the evidence,
and could hear only the Counsel on the part of the
people, you not only obtained an improper ad
vantage denied to all other citizens in similar
circumstances, but furnished an example toother
judicial officers, which if permitted to pass without
censure, may become a precedent of the most
alarming tendency."

112

Your Excellency, having read my charge, is in
formed of the excited state of public feeling at
the time it was delivered. You have learned the
extraordinary, preposterous and dangerous opin
ions of the law, which designing men inculcated
among the inhabitants of this City, for the purpose
of destroying the constituted authorities and the
law itself, that guilty men might escape the legal
penalties their criminal acts merited. You have
seen that the most plain provisions of the Statutes
were denied, the clear and ordinary powers of the
Magistracy were disputed ; that brute force at
tempted to wrest from the custody of the law, le
gal testimony, which I have shown was legally
obtained ; and that the actors and abettors in this
crusade against the law, were men of intelligence,
standing and influence. You have also seen that
the apprehensions I entertained, which induced
me to obtain from Mr. Pierce the possession ofthe
papers, for fear they would be destroyed, were
more than realized, and that even the seal of the
Supreme Court was prostituted to the purpose of
an attempt to destroy testimony essential to vindi
cate the violated laws of the State.
There was that also which your Excellency has
not learned, that which your Excellency cannot
understand, and appreciate to its full extent, not
having been present and witnessed it. There was
among a mass of our fellow citizens, a deep and
quiet determination, at every hazard, to maintain
inviolate, the sacred institutions of our country ;
it was like a pending cloud, which a current of air
might remove, or cast with all its fury upon a de
voted City.
These facts I knew : the apprehended evil that
might occur to this City I saw, and determined by

"-— - "T  B.
113
my charge to the Grand Jury, to inform them, and
through them the community, what the law was,
that they might see what powers Magistrates and
Courts possessed ; that I would state facts that
would inform the conspirators that their machina
tions were known, to the end that all patriotic
citizens might confide to the legal tribunals the
vindication of their violated privileges, and that
the violators of the law might be induced to make
no further effort to pervert the course of justice.
Your Excellency appears to suppose that the
Court are not the legal counsellors and advisers of
the Grand Jury, and in this your Excellency is in
error. The Court are the legal counsellors of the
District Attorney, and of the Grand Jury ; and it
was my duty to charge the Grand Jury what the
law was ; it was not as your Excellency states,
"availing" myself of my " situation as Judge."
Your Excellency appears to believe that the
charge was delivered "to spread my defence" be
fore the Jury, and that I delivered the charge to
screen myself from punishment.
If your Excellency so believes, then does your
Excellency not know me ; neither do you appre
ciate the motive that actuated me. I then knew
and now know, that all my acts were legal, and
that my motives were a strict desire fully to per
form my judicial duties to the furtherance of jus
tice, and the protection of the citizens in their
constitutional privileges.
Your Excellency has been pleased to say, my
conduct, if permitted to pass without censure,
may become "a precedent of the most alarming
tendency." I would not obliterate that conduct or that
charge, even to save me from your Excellency's

fi

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censure. The principle and the motives which
prompted that conduct, and caused that charge,
are a glowing sun of approbation, whose genial
rays the thin vapor of your Excellency's censure
will not shade.
Your Excellency assigns as one reason for re
commending to the Senate my removal from office,
that my conduct, " permitted to pass uncensured,
may become a precedent of the most alarming
tendency." Does it not strike your Excellency's judgment
that the removal of judicial officers, without re
sorting to the ordinary legal and just course — that
of impeachment — "may become a precedent of
the most alarming tendency ?" May it not form
a precedent for succeeding Executives (who
want the discrimination and the patriotism claimed
for your Excellency) to authorize the summary
removal from office of vigilant Judges, who have
detected, and are about punishing the offenders,
and place the participators in the crime upon the
judgment seat, which would enable them in the
language of your Excellency, "to avail" them
selves of their station as Judges, to spread their
defence before the Jury, if not to smother the
prosecution ?
This method of removal of judicial officers, un
der the peculiar and unfortunate circumstances of
the case, as regards your Excellency's situation in
the matter, (Mr. Blatchford being your personal
friend, and the father of your Private Secretary,
and Mr. Wetmore having been chosen one of your
Excellency's aids, both of whom are implicated in
the crime, for detecting which, your Excellency
thinks of recommending my removal from office,)
may be resorted to as authority, to authorize fu-

«s-

115

ture Executives, less scrupulous and conscientious
than your Excellency, for political purposes, or at
the dictation of political associates, to remove from
office all Judges who are not supple in their prin
ciples, and accommodating in their opinions. Then
an honest Judiciary — the bulwark which protects
the people from the prosecutions of the Govern
ment, and which protects the honest citizen from
the depredations of felons, would be exchanged
for mere echoes of Executive will ; and their legal
opinions, judgments and decrees, would be found
ed only upon the political character of the parties
— not upon the evidence or judicial precedents.
Very respectfully, yours, &c,
ROBERT H. MORRIS,
Recorder of the City of New York.
January 8, 1841.

>: K K A t r M .
.On page 4, lino T. for Mf. Killiau Miller, read Messrs. Monell & Busl.nell

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