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Attorney-General of the United States, ad. he recently held, connected him for a time, dressed the court as follows:

closely, with the business of this court; and "I have been requested, by a meeting of the we willingly bear testimony to his kind and gentlemen of this bar, and the officers of the amiable character as a man, as well as to his court, to submit the proceedings lately adopted learning and ability as an officer. And con by them, in which they express their feelings curring, as we cordially do, in the resolutions at the loss sustained by the profession, and the adopted by the bar, they will be entered on whole country, in the death of Mr. Grundy, of the records of the court." Tennessee. They respectfully solicit the per. Whereupon it is ordered by the court that mission of the court that they may be inserted the following proceedings be entered upon the among its records. If a long life largely passed minutes, viz.: in the practice, and illustrated by the honors At a meeting of the gentlemen of the bar of of a profession which he ever pursued with an the Supreme Court of the United States, at the honorable and elevated spirit; if a bland, cheer Court Room in the Capitol, on the 20th day of ful, and generous intercourse towards those January, A. D. 1841, with whom he was called upon to act; if the The Hon. Samuel L. Southard was appointexercise of excellent judgment, which ed chairman, and Mathew Birchard, Esq., apguided all his actions, and was tempered with pointed secretary. a simplicity and a modesty that gave but the The following resolutions were submitted by more force to the quickness of his intelligence, Richard Peters, Esquire, and unanimously and the extent of his learning; if these, and adopted, viz.: the many qualities which secured an affection. Resolved, That the members of this bar and ate respect and remembrance from all who the officers of this court feel, with deep sensi. knew him, afford a reason for soliciting from bility, the loss which the profession and the the court that favor which is now sought by country have sustained in the death of the the bar, I well know that it will be promptly Hon. Felix Grundy, late Attorney-General of granted; for to none better than to those who the United States, and a member of this bar. here preside, were these qualities known; by Resolved, That we cherish the highest respect none were they more justly appreciated. for the professional learning of the deceased;

"I respectfully move the court that the reso for the purity and uprightness of his profes. lutions which I now submit may be entered on sional life; and for the amiable and excellent ito minutes."

qualities which belonged to him as a man.

Resolved, That to testify these sentiments, To which Mr. Chief Justice Taney made the we will wear the usual badge of mourning for following reply:

the residue of the term. “The members of the court have sincerely Resolved, That Mr. Gilpin, the Attorney. deplored the death of Mr. Grundy, and unite General of the United States, do move the with the bar in expressing their respect and court that these resolutions be entered upon esteem for his character. The office of At the minutes of their proceedings



Attorney-General of the United States, the favor of having inserted among the records made the following remarks:

of the court, resolutions whose sincerity must "Since the adjournment, caused by the sud: compensate for the feeble manner in which den and most afflicting event which deprived they convey their deep sense of the loss they this court and his country of the services of have sustained. To those whom I am thus, in Mr. Justice Barbour, the members of the bar, the name of my professional brethren, called and the officers of the court, have assembled to upon to address, and who were the daily and express the feelings which the relations with more intimate witnesses of the learning, the him that it was their pride and happiness to genius, and the many admirable traits by which enjoy, could not but make peculiarly poignant. Judge Barbour was distinguished, any testi. They have requested me, respectfully, to lay mony of mine to these high qualities would before the court this, the last offering of re-l appear truly inadequate; but I may be permit

It was

ted to say that no judge had ever more com- ceased, and assure them of our sincere condo pletely gained the confidence and respect of lence on account of the great loss they have those who were called upon to appear before sustained.

T. Clayton, Chairman. him; the decisions of no one were ever listened Silas Wright, Jr., Secretary. to with more certainty that they were the emanations of an elightened intellect and ex To which Mr. Chief Justice Taney made tho cellent judgment, the purest intentions, and following reply: the kindest heart. When to these motives for "I speak in the name of the court, and by esteem were added that bland, frank, and un- its authority, when I say that we have scarcely affected deportment which is fresh in the recol- yet recovered from the unexpected blow which lection of us all, it is needless to say that the has fallen upon us; our deceased brother for tie that has been severed is felt by us to have weeks past has been daily with us in the hall, been closer than that of mere official inter listening to the animated and earnest discus. course; and we cannot forget that, while the sions which the great subjects in controversy chair of the judge is made vacant, a blank, too, here naturally produce; and he has been with is left in the circle of our friends. In complius, also, in the calmer scenes of the conference ance with the instructions of the meeting on room, taking a full share in the delibera. whose behalf I appear, I respectfully request tions of the court, and always listened to that the following proceedings may be entered with the most respectful attention. of record:

from one of these meetings, which had been At a meeting of the members of the bar of protracted to a late hour of the night, that we the Supreme Court of the United States, and all last parted from him, apparently in his the officers of the court, at the Court Room usual health; and in the morning we found in the Capitol, on Friday, the 26th of February, that the associate whom we all so highly re1841,

spected, and the friend we so greatly esteemed, The Honorable Thomas Clayton was appoint. had been called away from us, and had passed ed chairman, and the Honorable Silas Wright, to another, and, we trust, to a better world. Jr., was appointed secretary.

The suddenness of the bereavement, the char. The following resolutions were submitted by actor of the judge we have lost, and his worth General Walter Jones, and unanimously adopt. as a man, made it proper to suspend the busied:

ness of the court until to-day. The time was Resolved, That the members of this bar and necessary, not only to pay the honors due to the officers of this court have heard with deep his memory, but to recollect and fit ourselves regret of the sudden death of the Honorable for renewed labors. Philip P. Barbour, one of the Associate Jus "Judge Barbour was a member of this court tices of this court.

but a few years; yet he has been long enough Resolved, That we entertain the highest ven- here to leave behind him, in the published proeration for his memory, a grateful admiration ceedings of the court, striking proofs of the of the ability and integrity with which he de- clearness and vigor of his mind, and of his voted himself to the performance of his distin. eminent learning and industry. But those only guished trust, and a recollection that will long who have been intimately associated with him continue of the virtue, the urbanity, and the as members of the same tribunal, can fully genius by which his personal character was appreciate the frankness of his character, and adorned.

the singleness and purity of purpose with Resolved, That we will attend the removal of which he endeavored to discharge his arduous his remains this day, and wear the customary duties. By those who have thus known him, badge of mourning for the residue of the term. his memory will always be cherished with the

most affectionate remembrance; and we will Resolved, That Mr. Gilpin, the Attorney-General of the United States, communicate these cordially unite with the bar in the honors they

propose to pay to his memory. proceedings to the Supreme Court, and respect

"The court, therefore, order that the resolu. fully request, in the name of this meeting, that tions of the bar be entered on the records of they may be inserted among its records. the court, and the judges will wear the cus.

Resolved, That the chairman and secretary tomary badges of mourning during the residue also transmit . copy to the family of the de- of the term."





The Hon. ROGER B. TANEY, Chief Justice.
The Hon. JOSEPH STORY, Associate Justice.
The Hon. SMITH THOMPSON, Associate Justice
The Hon. Joun M'LEAN, Associate Justice.
The Hon. HENRY BALDWIN, Associate Justice.
The Hon. JAMES M. WAYNE, Associate Justice
The Hon. PHILIP P. BARBOUR, Associate Justica
The Hon. JOHN CATBON, Associate Justice.
The Hon. JOHN M'KINLEY, Associate Justica

HENBY D. GILPIN, Esq., Attorney-General.

RICHARD PETERS, Esq., Reporter.

Wulau THOMAS CARROLL, Eag., Clarke


There having been an Associate Justice of this court appointed during the present term, it is ordered that the following allotment be made of the Chief Justice and the Associate Justices of said court among the circuits, agreeably to the Act of Congress in such case made and provided; and that such allotment be entered of record, viz.:

For the First Circuit,
For the Second Circuit,
For the Third Circuit,
For the Fourth Circuit.
For the Fifth Circuit,
For the Sixth Circuit,
For the Seventh Circuit,
For the Eight Circuit,
Tor the Ninth Circuit,

The Hon. ROGER B. TANEI, Ch. J.
The Hon. John M'LEAN.



January Term, 1841,


VOL. 40.





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14 Here 15

14 Her Peters. Title.

Curt. in. Petons.

Curt. in. 1-3 Vaughan v. Northup 1 639 106-109 Brush v..Ware

34 678 3-5 640 109-112

679 5-8 641 112-114

680 9-11 Gaines v. Relf 5 642 115 Gorman v. Lenox

44 680 11-14 643 116-118

681 14-17 644 118

682 17

645 119-121 Crenshaw, Ex parte 46] 682 18-19 Coons v. Gallaher 8/ 645 121-124

683 19-20 646 124

684 21-22 Mayburry v. Brien 11 646 125–127 Smith v. Clapp

47 684 22-24 647 127-129

685 24-26

648 130 United States v. Rodman 50 685 26-29 649 130-132

686 29-31 650 132-135

687 31-34 651135-138

688 34-37 652 138-140

689 37-39

653 141 United States v. Dickson 64 689 40 Houseman v. Cargo of


690 the North Carolina 16 653 143-146

691 40-42 654 146–149

692 42-45 655 149--151

693 45-48 656 151-154

694 48-51 657 164-157

695 51 658 157-160

696 52-53 Mitchel v. United States 24 658 160-162

697 53-56 659 162-165

698 56-59 660 165-166

699 59-62

661 167–168 Levy v. Fitzpatrick 61) 699 62-65 662 168-171

700 65-67 663 171-172

701 67-70

664 173-174 United States v. Forbes 63 701 70–73 665174-177

702 73-76 666 177-180

703 76-78 667 180-182

704 78-81 668 182-185

705 81-84 669 185–186

708 84-86

670 187-189 United States v. Boyd 68 700 86-89 671 189-191

707 89-92 672 191-194

708 93 Łrush v. Ware 34 672194-197

709 93–95 673197-200

710 95-98 674 200-202

711 98-101 675 202-205

712 101-104 676 205-208

713 104-106 8771208-210


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