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SUPREME COURT REPORTS.

Vols. 90, 91, 92, 93.

EMBRACING ALL OPINIONS IN 23 WALLACE, AND 1, 2 AND 3 OTTO, WITH OTHERS.

CASES

ARGUED AND DECIDED

IN THE

SUPREME COURT

OF

THE UNITED STATES,

IN THE

OCTOBER TERMS, 1874, 1875, 1876.

COMPLETE EDITION,

WITH HEAD LINES, HEAD NOTES, STATEMENTS OF CASES,
POINTS AND AUTHORITIES OF COUNSEL, FOOT
NOTES AND PARALLEL REFERENCES,

BY

STEPHEN K. WILLIAMS,

Counselor at Law.

BOOK XXIII.

THE LAWYERS' CO-OPERATIVE PUBLISHING COMPANY,
NEWARK, WAYNE COUNTY, NEW YORK.

BADL

- 4 AUG 261

LIBRARY

Entered according to Act of Congress, in the year eighteen hundred and eighty-five, by

THE LAWYERS' CO-OPERATIVE PUBLISHING CO.,

In the Office of the Librarian of Congress, Washington, D. C.

E. R. ANDREWS, Printer, Rochester, N. Y.

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ALLOTMENTS, ETC., OF THE

JUSTICES OF THE SUPREME COURT OF THE UNITED STATES,

AS THEY STOOD DURING THE TERMS OF 1874-5-6, TOGETHER WITH THE DATES OF THEIR COMMISSIONS AND TERMS OF SERVICE, RESPECTIVELY.

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PROCEEDINGS

OF THE BAR OF THE

SUPREME COURT OF THE UNITED STATES,

ON THE DEATH OF THE LATE

Hon. REVERDY JOHNSON.

The Attorney-General said:

MAY IT PLEASE YOUR HONORS, When an eminent citizen of the Republic, whose eminence has been achieved by an honorable career in the public service, in professional life or in the less conspicuous but not less useful walks of private benevolence, dies-it is fit that some public notice be taken of the event, and that permanent record be made to encourage and inspire those who come after us.

Reverdy Johnson, who recently departed, full of years and of honors, was, during a long period, one of the most eminent lawyers of this country and one of the very foremost counselors of this high court. He held, with distinguished ability and honor, respectively, the great offices of Minister to England, Senator, and Attorney-General of the United States. He has left a fame and an honored memory of which his descendants and his country may be justly proud.

The Bar of the Supreme Court met to do honor to his name, and passed the resolutions which I now have the honor to read:

"Resolutions.

Resolved, That the Bar of the Supreme Court of the United States has received with deep sor row the intelligence of the death of Reverdy Johnson, for more than half a century an eminent and honored practitioner in this court.

Resolved, That the memory of Mr. Johnson deserves to be cherished by the Bar, as most honorable to the profession, of which he was a distinguished member, as dear to the court that has benefited by his great contributions to the science of jurisprudence, and as valuable to the Republic, in whose service, as a citizen, Attorney-General and diplomatist, he was wise and faithful.

Resolved, That the Attorney-General be re

quested to communicate these resolutions to the court, and to move that they be entered of record; and,

Resolved, That they be communicated to the family of Mr. Johnson, with the expression of the earnest condolence of the Bar.'

I ask Your Honors to receive this tribute to the memory of a great lawyer and an eminent public man, and to order these resolutions to be entered in the permanent records of this court.

The Chief Justice replied as follows:

The court gives its ready assent to the sentiments so well expressed in the resolutions of the Bar. Mr. Johnson was admitted to practice here on the first day of March, 1824. The first case in which he appeared as counsel was that of Brown v. The State of Maryland, argued and decided at the January Term, 1827. Associated with him was the late Chief Justice Taney, and opposed, were Mr. Wirt, then the Attorney-General, and Mr. Meredith-all names familiar in history. The opinion was delivered by Chief Justice Marshall, and it stands to-day as a monument marking the boundary line between the powers of the United States under the Constitution, on the one hand, and those of the States on the other.

From the commencement of his practice here until his death, Mr. Johnson was extensively employed, with scarcely an intermission, in the most important causes. He was always welcome as an advocate, for he was always instructive. His friendship for the court was open, cordial, sincere. We mourn his loss both as counselor and friend.

The request of the Bar is cheerfully acceded to. The resolutions are received in the same spirit they have been presented, and the clerk will cause them to be entered upon the records of the court.

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