Page:The Green Bag (1889–1914), Volume 06.pdf/528

 The Green Ba Vol. VI.

No. u.

November, 1894.

BOSTON.

CHARLES P. DALY. By A. Oakey Hall. ' An upright judge, a learned judge." — Merchant of Venice, Act 4, Sc. 1.

NEW York State jurisprudently ranks with Massachusetts in historic excel lence of its Bench and Bar. Among its galaxy of judges are to be readily remem bered John Jay, Smith Thompson, Samuel Nelson, the two Kents, John Duer, Hiram Denio, Chief Justices Church and Folger and Samuel Blatchford. Most worthily with these is to be ranked the jurist whose name heads this article. They have passed away from earth, but he, in a vigorous age of seventy-eight, still lives to remember forty-one years of judicial life in New York City, the place of his nativity, a term longer by ten years than was the memorable judicial life of Lord Mansfield; and by seven years than that of John Mar shall and Joseph Story; although by the same number of years shorter than the entire judicial career of Samuel Nelson in State and Federal Courts. Perfunctorily retired from the Bench by reason of a constitutional age limit, as was Chancellor Kent, Ex-Judge Daly, like the former, after retirement, follows legal studies with accustomed assiduity, and similarly with Kent writes legal treatises; thereby substantially and indeed sarcastically con victing the Constitution-makers of blunder ing in^ ordaining a perfunctory period at which legal or judicial acumen shall cease to exist. Like as Joseph Story encountered on his appointment the criticism which had in the

last century assailed Lord Thurlow, that he was too young to become a judge, Charles P. Daly found the same allegation made by some of the veterans of the Bar, when he began judicial duties at the early age of twenty-seven years; and this only a few years after his admission to the Bar. In deed, with his ever characteristic modesty, himself had pleaded his own youth, to the Governor who proposed the office to him, as a bar to his acceptance. The term was then expiring of an incumbent who was of opposite politics to the appointing power. Many of his friends however in the dominant party were solicitous for his re-appointment, upon the score of his fit ness, and from anxiety to keep judicial appointments free from party bias. Among these was young Charles P. Daly, who ex pressly visited the state capital in order to press the claims of his friend, this incum bent. He was met by the Governor, who was then the sole appointing power, with the objection that party claims positively forbade the retention of the incumbent, and that a lawyer of his own political faith must be imperatively preferred. Ad ded the Governor, " Why not take it your self? You have just fulfilled a term in the legislature to the approbation of the dem ocratic party, to which we both belong; and your legal ability has been shown by yourself in committee and in the de bates." 489