Page:A Historic Judicial Controversy and Some Reflections (Gregory, 1913).djvu/8

Rh of out-door life, especially of hunting, and seemed to have abounding physical and mental vitality and energy.

This was a great case, involving profound constitutional and governmental questions; and he made a great argument. But twenty-six years of age, he spoke with all the fiery eloquence of youth and the deep earnestness of sincere conviction.

I cannot make any extracts from his argument; but one thing I must quote; and that is the most impressive tribute to trial by jury to be found in the English language. The young advocate was contending that the poor, hunted negro, claimed as a slave, had a right to trial by jury as to his right to liberty-and that in all times and in all ages this was the great safeguard against tryanny and oppression. And this is what he said:—

""As the ark of the covenant containing the testimonies of God was borne by the twelve, chosen by the twelve tribes of Israel, from the wilderness onward to the land of promise, and as the waters divided before it and allowed the people to pass through dry shod; so has the trial by jury, the ark of the covenant containing the testimonies of liberty, been borne by the twelve onward from remote ages of barbarism to the present advanced state of civilization; and so during all that toilsome march, the waves of tyranny have divided before it, and allowed the people to pass through unscathed."

These are noble words; and they are just as true today as they were when spoken, over fifty years ago.

Ryan, who appeared for the government, was of an entirely different type. He was afterwards Chief Justice of the Supreme Court of his state, and one of the ablest and most learned lawyers who ever sat on any court in this country. Payne was a radical; Ryan a conservative. Each felt the utmost confidence in his own position; in each there was something of intellectual arrogance such as goes with conspicuous abilities and strong character.

Ryan was a striking looking man, rather tall, fairly heavy, with an enormous head and prominent eyes that gave him a peculiar appearance. He was a man of most violent temper. When I have seen him sitting on the bench, with his head inclined forward and slightly lowered, and his eyes bulging with interest and excitement, I have been forcibly reminded of some great taurine creature just about to charge upon his victim.

I do not mean to indicate that he was guilty of outbreaks of temper on the bench—I do not think he was: but knowing the violence of his disposition, his appearance made this impression on me. Possibly