IN MEMORIAM.

The Honorable CONNALLY F. TRIGG, United States District Judge for the Eastern and Middle Districts of Tennessee, died at his home in Bristol, on Sunday, April 25, 1880. He was born in Abingdon, Virginia, March 8, 1810. Was appointed by President Lincoln to the position he held at the time of his death. July 2, 1862.

A meeting of the members of the Memphis Bar was held, when a committee, composed of W. Y. C. Humes, M. P. Jarnagin, George Gantt, Luke W. Finlay and S. P. Walker, was appointed, who reported resolutions highly complimentary to the deceased. These were seconded by Mr. Jarnagin, and unanimously adopted. Henry Craft, Esq., on a subsequent day, delivered an eulogy upon the deceased, saying among other things: As Judge TRIGG came to judicial position in stormy times, and presided in the Federal Courts of this State in the convulsion and in the reconstruction, it was natural and proper that these bar resolutions should direct attention to his bearing in those troublous days. When those who had been out in the Confederate ranks returned, they became a host of witnesses to the equanimity, the courage, and the fine intelligence which characterized his discharge of duty. It fell to his lot to be the pioneer in judicial action upon many novel and important questions growing out of the war, and out of the legislation which it engendered; and it must have been highly gratifying to him that the Supreme Court of the United States affirmed his rulings. Because of his action, I have often said, and the assertion is not too strong, that 'Tennessee owes to Judge TRIGG more than to any other judge. I knew him well, and in the most intimate social relation, while these trying questions were being presented, and I can say that

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I never saw him when he seemed to feel the slighest perplexity, or doubt, or hesitation, as to his course. He seemed to be guided by a sort of innate sense of what was right, and to go straight forward almost without need for deliberation. I presented the application of the lawyers returning from the war, for admission to his Court without taking the test oath. Some of them were surprised that I did not consider it necessary to make elaborate argument, or to adduce a great array of authority. I told them I had become too familiar with his habit of thought and feeling to entertain a moment's apprehension as to what he would do. His opinion in that matter virtually covered the very ground upon which the Supreme Court afterwards rested a similar decision.*

As far as he was from the weakness of concession to the passion and prejudice of one side, he was equally far from encouragement or approval of what was done on the other. He was loyal in his whole being to the Constitution and the Union, and ready and anxious to exert all his power to maintain them. He made no compromise with secession, and looked with sternest disapproval upon the effort to tear the flag in twain; but he was utterly a stranger to malice or vindictiveness toward those who upheld the Confederate cause. He earnestly desired to see their efforts thwarted, and their military power crushed; but when this was done, it was not in his nature, nor in his construction of the law, to inflict punishment by confiscation of their property, nor by proceeding against them as criminals. I heard him say from the bench, in dealing with confiscation cases: "The informer does not commend himself to the favorable consideration of this Court." I repeat that the State owes to Judge TRIGG a debt of gratitude greater than to any other man who has exercised judicial functions within her boundaries.

As I think now of Judge TRIGG in the discharge of his official duty; as I recall his benignant face so finely put upon the canvass that hangs in your Honor's chamber; as I remember him in social intercourse, and as my mind runs rapidly over the retrospect of the fifteen years during which he went and came among

*The Reporter has a copy of that opinion. It was delivered May 10, 1865.

DEATH OF HON. CONNALLY F. TRIGG. vii

us, I recognize a guileless, straight-forward simplicity as the prominent trait of his character. To do right, to be just, to indulge the largest charity, to be alive to all human sympathy, and to administer the law as one who could be touched with the feeling of human infirmity, seemed to be so natural to him as to require no effort. Utterly devoid of affectation and egotism and selfishness, he never seemed to think that there was anything he could do other than just what he did. He claimed no credit, sought no applause, but walked calmly along his judicial path, apparently unconscious that he was exhibiting the highest qualities of our manhood. This simplicity of character was conspicuous in his steadfast adherence to the fundamental principles, and his abiding faith in the rudimental truths of jurisprudence-principles and truths with which he was very familiar. He was not a learned judge in the sense of knowing what a hundred courts had decided upon a thousand questions. He could not rattle off the names of cases and books, nor stuff an opinion with precedents. and quotations; but there were great lights, older than the books and steadfast as the stars, toward which his mind turned as the needle turns to the pole.

Judge TRIGG lived out the allotted three-score-years and ten. In the ripeness of age; in charity with all the world; without blot or stain upon his private or judicial robes; loyal to country, to friends and to family; loyal to duty and truth, he has calmly gone away. Those loved him most who knew him best. He was a good judge, a good citizen, and a good man. This is a truthful eulogy. Is it not eulogy enough?

PREFACE.

rter hopes that this volume will meet with a fair reception at the hands of the profession. When his mind was made up to the task of preparing a series of reports for this Circuit, he at once set himself to the work of collecting all available and valuable material, and succeeded in getting into his possession a large number of cases decided within the last twenty years. Some of these, however, related to questions growing out of the war and its incidents, and were not thought to be of sufficient interest or importance for publication at this day. The Bankrupt Act being repealed, it was deemed best to omit all cases growing out of the same, except where other questions of permanent value were discussed.

Of the cases found herein, it will be seen that twelve were decided by HALMER H. EMMONS, all bearing unmistakable marks of his high abilities. As his judgments (he was often so pleased to term opinions,) shall be better known to his surviving brethren his fame will grow wider and brighter-just as they begin to duly appreciate the truth that a great master has left them forever. The case of Tait v. N. Y. L. Ins. Co., a most important one, is reported in full, as also Talcott v. Pine Grove, Brown v. Memphis and Sharpleigh v. Surdam. The merits of the opinions in these cases need no other reference. A number of Judge BROWN's opinions. are reported in the volume, as well as decisions by Judges WITHEY, WELKER, SWING, H. V. WILLSON, SHERMAN, BALLARD and TRIGG. Judges McLEAN, SWAYNE and MILLER