Text-Books Thrown Together.

"Whole chapters of some of his books seem to be little more than windrows of head notes, raked together as the farmer rakes his hay in the mow-field; but when we survey the ground, the wonder is that his work was so well performed. His opinions will probably stand higher in the hereafter than his textbooks, except his work on "The Conflict of Laws,' and the 'Constitution.'"-John M. Shirley, "Dartmouth College Causes," p. 330.

NOAH HAYNES SWAYNE, OHIO.

(1804-1884.)

Nineteen years Associate Justice of the United States Supreme Court, from 1862 to 1881. Born in Culpeper county, Virginia, December 27, 1804; died in New York city June 8, 1884, aged seventy-nine. He was the son of Joshua Swayne of Quaker descent. Received his early education at Waterford, Virginia, and first studied for the medical profession, but later read law and was admitted at nineteen. At twentyone, disapproving of slavery, he removed to Coshocton, Ohio, where he was three years prosecuting attorney of Coshocton county, and also represented that county in the Legislature. In 1831, having been appointed United States District Attorney by President Jackson, he removed to Columbus, and served in that capacity for ten years. January 14, 1862, President Lincoln appointed him Associate Justice of the United States Supreme Court, made vacant by the death of Mr. Justice McLean, and in accordance with the latter's wish. He resigned the position in 1881 on account of advanced age. He was made LL.D. by Marietta and Dartmouth in 1863, and by Yale in 1865.

His practice before elevation to the Supreme bench was large and lucrative. He had high reputation as a jury lawyer and for skilful analysis of testimony. The trial of William Rosane et al., in the United States Circuit Court at Columbus, in 1853, for burning the steamboat "Martha Washington” for the insurance, being the most celebrated. His opinions upon Constitutional questions were in favor of a firm and uncompromising support of nationality. He dealt with a vast number of subjects, and became a leader in contending for general commercial jurisprudence. His decisions (1 Black, 104 U. S.), numbering 369, including fifty-three dissents, notably the Slaughter House cases (16 Wall., 36), show unusual capacity, familiarity with adjudged cases, and settled habits of labor and research. His views, expressed in Gelpcke v. Dubuque (1. Wall., 175), have obtained a firm foothold in the Supreme Court.

He was genial and benevolent, amiable and patient, and won not only the most cordial esteem, but the warmest affections of the bar. General Grant long considered it his duty to break over the custom never to make one of the Supreme Court Chief Justice, when he named M. R. Waite for the Chief Justiceship.

WAGER SWAYNE, NEW YORK.

1834-- -.)

Soldier and lawyer. Born at Columbus, Ohio, November 10, 1834. He is a son of Noah H. Swayne, ex-Associate Justice of the United States Supreme Court, and Sarah Ann Wager, a Virginia lady, who celebrated her marriage by freeing her slaves. The son was graduated from Yale in 1856, with Chauncey M. Depew, Justices Brown and Brewer, Judge McGruder of the Illinois Supreme Court, J. H. Hallock of the "Christian at Work," and others. He graduated from the Cincinnati Law School in 1859; practiced law with his father two years, until the war of the Rebellion broke out, when he enlisted, 1861; was appointed Major of the Forty-third Ohio Volunteers, took part in the campaign under Pope in Missouri, assisted in the capture of New Madrid and Island No. Ten, was engaged in the battles of Corinth and Iuka, accompanied Sherman to the sea-losing a leg by a shell explosion in South Carolina-and was commissioned "for gallant and distinguished services" brevet General and later Brigadier General. He did hercu

lean work for three years after the war for the freedmen in Alabama, in establishing schools, colleges, and other eleemosynary institutions.

He resumed practice in 1880 at Toledo, Ohio, almost immediately taking rank among the foremost lawyers of the State. Fought through the lower and United States Supreme Court the validity of a State law designed to tax national banks out of existence, securing a final decision in the negative. He soon had among his clients such concerns as the American Union Telegraph and the Wabash Railway companies, and in 1879 the growth of his railroad and telegraph business made it necessary for him to remove to New York city, where his clients were. In 1881 he formed a partnership with Judge John F. Dillon, the firm soon becoming general counsel for great corporate interests. He is a member of the Executive Committee of the American Tract Society and the Board of Domestic and Foreign Missions of the Protestant Episcopal Church. He was the second president of the Ohio Society of New York.