the case in equal degree in the other courts of his circuit, in which he had not practiced, and with the business of which he could have had little, if any, acquaintance. In a very little while he knew more of the causes, of the parties, and of the subject matters of controversy in the various counties of his circuit than the resident counsel or any of the clerks of the respective courts. This was but a striking illustration of his extraordinary capacity for investigation, for collecting information, for quickly grasping facts, and marshalling them in the recesses of his mind, and of that marvellous memory which until near the close of his life, was as remarkable for its tenacity as for its unfailing accuracy. It was an illustration also of his industry and careful and faithful attention to details. With such qualities and such learning, and with a heart determined to deal justly and to decide righteously, it is not strange that he made the great judge that he was everywhere recognized to be. His opinions, particularly those given in the decisions of the many important and complicated litigated cases which it became his duty to decide were models of clearness and conciseness. The marvel and the great merit of his decisions was their lucidity and their conciseness; and it would have been a blessed thing for the country if he could have sat upon some appellate court long enough to have given to his brethren of the bench similar models of comprehensive brevity in judicial opinions. For a short time he sat upon the Special Court of Appeals organized to aid in disposing of the great number of cases which then filled the docket of the Supreme Appellate Court of the State, and his services upon that court added to his fame. But his reputation as a great judge was chiefly earned as a trial judge in the circuit courts, and here he was without a superior in the Commonwealth. As a citizen, he was public-spirited, patriotic and zealous in supporting every movement which promised benefit to his county or his State. From the beginning to the close of the war between the States he served Virginia and the Confederate States with fidelity and courage, and by his capacity and bravery earned promotion from a lieutenancy to a lieutenant-colonelcy of artillery. He saw hard service, took a gallant part in much hard fighting, and made a record which was honorable to himself and to his country; and he never, to his last breath, swerved in his devotion to the cause and the principles for which he fought, and to the memory of his heroic commanders and comrades. This latter quality he exemplified by his active and successful efforts as chairman of the Executive Committee of the Lee Memorial Association, and as a member of the same committee of the Jackson Memorial Association, in the movement to erect appropriate monuments over the graves of his beloved generals. His services as trustee and as rector of Washington and Lee University were always offices of love, and will connect his name with the name and fame of his honored Alma Mater. If Judge McLaughlin excelled in one department of his long and varied public services more than another, it was as a legislator. As a member of the almost helpless minority of the Virginia Constitutional Convention of 1868, he exerted a marked influence for good, so far as such influence, however salutary, could avail anything in such a body. As a member of the first Legislature of the restored government of Virginia in 1869-'70, his career was brief, but honorable, useful and distinguished. He was soon recognized as the best informed member of the House of Delegates upon the questions of public interest with which that body had to deal. He was the efficient chairman of the Finance Committee of that house, and was one of the most influential men then in public life in Virginia. But it is of William McLaughlin, the learned, the patient, the able and the dignified and just judge that we will best love to recall him, and it is to him as such that we record this tribute to his memory. WILLIAM A. ANDERSON. JOHN HOWARD.* A few days ago the Bar of our city was called upon to lament the loss of one of its youngest and most promising membersa young man of well-assured success in his chosen profession and in the field of literature. To-day we mourn the loss of our oldest and most distinguished member, who could look back on half a century of devotion to our noble calling. Thus our remorseless enemy continues in our midst, and with the icy touch of his hand, seals forever the lips of the young and the old, constantly reminding us that our days are as a tale that is told. Let us who so constantly stand before earthly tribunals remember our need of preparation for the Higher Court, before which all, great and small, rich and poor, learned and unlearned, must surely stand and hear impartial judgment upon the deeds done in the flesh. We meet to give expression to our sense of the great loss we have experienced in the death of our eminent brother in the profession, JOHN HOWARD, Esq., who departed this life in this city on the 12th instant, in the seventy-fifth year of his age. He was born in Cumberland county, Virginia, on the 5th day of May, 1824, but spent his early life in Mecklenburg, to which county his father removed. He graduated with distinction from the college of Randolph Macon in 1844, and for a few years passed through that most improving of all experiences for a young graduate, the conduct of a classical school. He then entered the law office of Hon. Edward R. Chambers, one of the most distinguished practitioners of Southside Virginia, and he afterwards attended the University of the State, where he 1 *At the meeting of the Bar Association of the city of Richmond, called March 14, 1899, to take suitable action with regard to the death of their distinguished member, John Howard, Esq., a committee, composed of Hon. W. W. Henry (chairman), Judge L. L. Lewis, George P. Haw, Jackson Guy, Judge E. C. Minor, Judge James C. Lamb, R. Carter Scott, A. W. Patterson, and James Lewis Anderson, was appointed, and they reported the following resolutions, drawn by Mr. Henry, which were unanimously adopted, and are here reproduced by permission. graduated in the law school presided over by that Gamaliel of our profession, the late John B. Minor. From early life young Howard gave promise of the eminence to which he attained. He was brought in contact at the University with young men who have risen to the highest positions in the law and in public offices, and he was not rated as inferior to any of them. His class, among others who have adorned their profession, was composed of such men as F. W. M. Holliday, Roger A. Pryor and William H. Payne. Leaving the University thoroughly equipped for his profession, he settled in this city in 1850, when the Bar was resplendent with brilliant talents, united with great learning. Among the leaders were John M. Patton, Arthur Morson, Conway Robinson, James Lyons, Robert Stanard, Wood Bouldin, Raleigh T. Daniel, W. W. Crump, John B. Young, and William H. MacFarland, and seldom could any Bar boast of such a galaxy. It took young Howard but a few years to reach the front rank of this splendid array of legal talent, and the position once attained he never lost. His remarkable legal acumen, his phenomenal industry, and thoroughness of research, unmistakably marked him as one destined to become a great lawyer from the beginning of his career, but the profession at large were first made aware of his proper place in it in 1858, by the publication of his exhaustive brief in the report of the great case of Bailey, etc., v. Poindexter, etc. (14 Grat.), which forced an unwilling court to hold that slaves had not the civil capacity to choose between freedom and slavery, though allowed by the express words of a will. The patient labor of Mr. Howard in the preparation of every cause he undertook, together with his wide and accurate knowledge of his profession, attracted to him a class of cases, which may be designated as " Great Causes," great both as to the amount and as to the difficulties of the questions involved. It was in this highest walk of the profession that his life was spent. And the reports of the Supreme Court of the United States and of more than one of the several States, contain lasting memorials of his eminence in the profession and his influence on the judiciary of the country. The Law Department of the Southern Confederacy wisely selected him to represent it in the various and often difficult litigation growing out of the Impressment Act, so bitterly opposed in its execution in some sections. His services in this behalf were invaluable in prolonging the life of that short-lived and ill-fated government. Mr. Howard spent the life of an intense student, giving his best energies to his chosen profession, to which he was attached with the ardor of a youthful lover, but he did not neglect general literature, with which he kept fully abreast; and he especially delighted in the study of history, political economy and philosophy. Thus he was enabled to take broad views of every subject he discussed, and he never confined himself to the narrow path of the mere advocate. He wielded a trenchant pen, and woe to the parties of his causes whom he suspected of fraud or foul dealing. Though his health had been declining for some years, his intellect continued clear and vigorous, and in the great cause in the Supreme Court of the United States, involving the right to the island in the Potomac opposite Washington city, in which he lately represented the heirs of Chief-Justice Marshall, he filed as able and exhaustive briefs as he ever penned. These, which showed great historical as well as legal research, were the last of his learned arguments, and were a fitting close to the life of a great lawyer. The student life of the deceased kept him from mingling to any great extent in general society, and, having no desire for office, he never sought the favor of the public. With those who enjoyed his friendship, however, he was a most delightful companion, whose conversation was both charming and instructive. He was particularly attractive in recounting incidents in the lives of the great lawyers with whom he commenced his career. His friendship was strong and lasting when once established. He was a sincere believer in the Christian religion, and for years a communicant in the Episcopal Church. His life was spent mostly in his office and in the bosom of his family, to whom he has left a name above reproach. W. W. HENRY. |