optgsgcgaaa!8stMga!) i: aas LIBRARY OF CONGRESS. Chap. Shelf 7/ UNITED STATES OF AMERICA. Hon. Edward Dean Rand; A MEMORIAL ADDRESS ALBERT S. BATCHELLOR. ;^^V jF COa/^ ^^A Hon. Edward Dean Rand A MEMORIAL ADDRESS ALBERT S. BATCHELLOR. BEFORE THE GRAFTON AND COOS BAR ASSOCIATION, .^AT THE ANNUAL MEETING HELD AT LANCASTER, Jan. 29, 1886. ;^K^^QR?Q%; ^^> 'yn^Z'-' ^■i:\^\\\'^'^^ I-HINTK COIIOS .STKAM l-KKSS, HAVERHILL, N. H. HON. EDWARD DEAN RAND. Since the fonnation of tliis Association four of our brethren at the Bar have gone out from the fellowsliip of earth. They had all been men of mark, and successful in various lines of professional action. Each of them — Burrows, Duncan, Burns, and Kand — had dc^■eloJ)ed a personality worthy of commemoration. Appropriate me- morials of the life work of three of these, our former associates, have been inscribed for your archives by Avorthy hands. It is fitting that we cease for a time from the perplexing problems and the absorbing contentions of our calling, and consider the lessons to be drawn from the lives of the strong men who have fallen, after (jainins; manv ijoals that seem l)eyond our reach. Among the eminent men in the profession of the law, and indeed among the conspicuous followers of other call- ings, the leaders of the Bar in northern Xew Hampshire who immediately followed Joseph Bell could claim unques- tioned peerage. AYhile that generation of lawyers were in the full possession of the avenues of professional })restige, the brothers Charles W. and Edward Dean Hand enfered upon the career which in due time became so honorable. Each was so much the counterpart of the other, that it is with some degree of difficulty that we can analyze the character and work of either as a lawyer in the abstract sense. My acquaintance with tlicse brothers began in the 4 HOX, EDWAHD DEAX RAM). courts just as the career of tlie elder was dr.iwing to a close, and I saw the other as he was passing' to that stage of life in which thenceforth he must act without the inspi- ration of the fraternal sympathy, confidence, and co-opera- tion, which had been his a score of years. The story of the ordinary events of Judge Rand's life has a place in the memorial which we offer, for in it we discover the elements of his success, and the things which gave direction to his endeavors, and determined their lim- itations. Hamlin Rand was of Connecticut origin, and was in trade for a few years at Bath, where his two sons, Charles White and Pxlwaixl Dean, were born. He removed to Lisbon afterwards and spent the remainder of his days in that town, continuing in merchantile pursuits. He was a man of jiositive character and substantial means. He gave his sons good educational opportunities. The brothers were fitted for college at the orthodox Cons'rejrational Sem- inary at ]Meriden, and graduated at the Methodist Univer- sity at Middletown, Conn. Neither of them, however, Avere much imbued with the theology of these institutions. On the contrary, both maintained liberal views on the subject with erpial unubtrusiveness and constancy from the time of our first acquaintance with them to the end. They were members of the college class of 1841. Charles would have occupied the first place in the class were it not for the fiict that in the final award of standing, Edward by a narrow margin Avas giAcn the primacA'. Judge M. T. Granger of Canaan, Conn., and the Rev. C. W. Pierce of Champaign, 111., Avere among his 'class- mates, and both in recent letters have given estimates of Judge Rand's character Avhich breathe a spirit of affection HON. EDWAKl) DEAN KAM>. ^ and deep and well touaded adiuirali<»n for the man, his abilities, his aeconipli.slnnents and his worth. From eollege he proceeded to Mississippi and engaged in teaching, and^thence to New Orleans, where he commenced the stndy of the law in 1844 and was admitted to the Bar in 1846. His preceptors Avere the memhers of the firms of Lockcll and :\Iicon, and Benjamin and :\Iicon. The senior member of the latter firm was Judah P. Benjamin, whose great f\ime as a statesman and a lawyer in two hem- ispheres has gone wherever the systems which he mastered are known and studied. It cannot be doul)ted that :Mr. Rand received imi)ressions fn>m this great character that were influential with him through life. His friends have ,.ften l)cen entertained and instructed by his discourse upon those leaders of opinion in the South, with whom he had been thrown in contact. Keferring to this period of Mr. Eand's life, his cousin, the Hon. Ednumd Carleton Sprague of Buff-do, writes : - I remember the first talk that I had with him diu-ing my earliest visit at his house. I asked him why he had abandoned the wide career of New Orleans for Lisbon. I recollect his answer well. ' Because ' said he, ' leisure is one of the primal blessings of life ; leisure to pursue one's tastes and inclinations. That I can have here, and I would rather have it than all the wealth and honors of a crowded career.* I told him that I was of a different opinion : that to use the cx[)rcssion ..f a half-f.r-, gotten poet : • T.eisurt' is pain, takes otV our cliariot wlicols; How heavily we drag the load of life 1 Blest leisure is our eurse; like that of Tain It drives us wandering all the earth around To fly that tyrant, Thought.' -1 think this is certainly true of a man endowed as b HON. p:i)Wai;i) dkax kaxd. Jiidne Hand was in a reniarkal)le deiiree, with variou.s and vigorous mental powers. They could not be satisfied with a dilletante existence, however refined. His knowledge of literature in his own and other languages Avas indeed extensive, and he doubtless enjoyed greatly the leisure which gave him so much time for general reading as well as for the society of his family and friends. l>ut even such an insatiable lover of books as Maeauley was unhappy in the absence of an acti\e public career, or t)f a prolonged and laborious task, like tlie history of England : and I think Judge Eand Avould have been a much hap[)ier man if his life had been more crowded with heavy respon- sibilities and large affairs, worthy of the highest powers of his mind. As it was, eminent as he was at the New Ham})shire Bar, and gratified as he was by his position upon a Itench whose character for learning and ability is recognized bv everv lawyer of large [)ractice in this country, lie had not, when I knew him, half enough to do. Tlie conserpience was, that he gave a large portion of his thouglits to those insoluble problems of human life and destiny which form the sul)ject, to so large an extent, of the beautiful poems which he left behind him, some of them not surpassed by any of the subjective poetry of our time ; and he devoted to them and to the i)etty details of daily life, powers which were capal)le of accomplishing great results for his familv, his ])rofession and his country." Mr. Ivand was in Xew Orleans eleven years as student and practitioner. The presumption is that this was the one in which, like other lawyers who do not have distinc- tion thrust upon them but achieve it, he was disciplining himself in the drudgery of the law. He soon proved himself capable of protracted and A\ell directed ])rofes- IIOX. EDAVAKl) DEAN KANF). ' sional labor, u[)on lii.s return to the north whieli oeeurred in 1855. He studied the eonnnon huv and delved in its reports and treatises. From that system of jurisprudence chiefly he reasoned and gave authority. In his opinions, briefs and oral arguments, he did not incorporate the learning of the civil law. This would indicate that the requirements of his occupation in New Orleans differed from those he encountered here in the matter of collateral studv. He always loved to recreate his mind in specula- tions in the domain of the higher law. There he found food for intellectual appetites that could not quite be sat- isfied with those occupations which lie within the strictest limits of ordinary practice. His reflections on the higher law he embodied in a Charge to the Jury while he was a member of the Circuit Court, and this was also elaborated as a Lyceum Lecture. The production was characterized by the author's beauty of diction, subtlety of argument and elevated moral tone in the full measure. At his return to Littleton in 1855 his brother had al- readv established the firm foundations of the business which eventually gave both financial success, political recognition and high rank in the profession. They were so unlike in their halfits of thought and preferences in the division of Ial)()r of the firm, that each was a1)le to perfect himself in a measure as a specialist. Charles assumed the direction of the preparation of causes for suit and trial, briefed the law and the facts, presented the cold fiicts to the jury and the cold law to the Court. Kdward took the responsibility of argument. Each in his si)here be- came an adept. The senior has told me that he believed every lawyer should carefully review Chitty's Pleadings every year, and it is not improbable that he did that or 8 HOX. EDWAKI) DEAN ItAM). its equivalent. The other left no ap})ropriate means untried, Avhieh his ingenuity and industry could devise, to make him worthy ot" the office of advocate. They had their liberal education and the mental discipline which their early standing as students pre-supposes, their in- domitable industry, their natural aptitude for the lawyer's work, able Courts and w^ell developed legal literature at conunand, as guaranties of the accomplishment of a reasonable ambition. ]More than this they were confronted by such opponents as Woods, Goodall, Hey wood, Hib- bard, Bellows, the Binghams, Burns, Carpenter, Ladd and Bay. "Here in their hold, tlieir vassals near."' Not only were these brothers w^ell equipped for the con- flicts of the forum but they always had before them most })Otent incentives to success — causes of magnitude to demand their strongest efforts and " focmen worthy of tlieir steel." The division of the work of the partners to which refer- ence has been made necessarily gave a distinctive character to the professional accomplishments of each. The one was distinguished for proficiency in the department he adopted, and the other made the effectiveness of advocacy conspicu- ous in the Courts of this State and Vermont. These men had w^ell illustrated that precept of the Psalm of David — if indeed it may be held applicable to the frater- nity of the family. "Behold how good and pleasant it is For brethren to dwell together in unitj'." These relations had continued without interruption for nearly twenty years. This may be given as the substantial fact. For the purpose, of accuracy in detail it may be re- HON. KDWAIM) DKAN KAND. "^ me.nlK'ml that afUT ISCO, Kdwanl D. Kand .vsi.lcl an.l l.ad an otilce of the Hnn at Lisl.on ^\hiK■ his hn.ther con- tinued at Littlet..n. Durino- the protracted period of the last illness of the elder Kand, the business relations of the brothers were somewhat modified in x iew of the inevitalde dissolution which both were convince.l was rapidly ap- proaehino'. The death of Charles AV. Rand occurred at Littleton on the 3rd dav of Auo-u.t, 1874, and on the isth <.f the same month Edward D. Eand was appointed to the bench of the Circuit Court. Then began the transformation of the methods and hab- its of profe^ssional life which had been the -ra.lual growth of twenty years. The appointment to the bench made the transition less notable. The next two years with its new relations, new duties and new associations was the term ni which Judge Rand prepared himself for the third period of his professional life. He returned to the practice on the 2-2nd of July, 187(). The next nine years were those in which he was thrown upon his individual resources to a greater degree than ever before. He was associated at Concord foi^a time with John H. Albin, and for a time with A. F. L. Xorris. His principal employment then was in advoca- cy before juries, and in legal arguments befbre the Law Court. He was retained for the complainants in the cele- brated Prison Investigation of 1880, and made the closing ur-umcnt in the public hearing before the (iovernor and c(nmcil. This was published in pamphlet form by the frien.ls of prison reform. Though it was a strong presen- tation of that case, it did not rank anu.ng the best of his platfbrm effbrts. All of us have hcanl spee<-hes from his lips that fUr surpassed this one, b<,th in argument and 10 HOX. EDWARD DEAX KAXD. eloquence. There is, nevertheless, much in tlie address that is characteristic of the man and it indicates his attitude in humanitarian movements and H'ives ii'limijses of his reliir- ious views. He resumed the practice in the coiu'ts of Grafton countv in earnest after these diversions. Mr. Harrv M. Morse became his junior in partnership. This gentleman earned the warm regard and full confidence of Judg-e Rand. He made the young lawyer more than student and [)artner. He held him closely to himself as the confidential friend, it may be in that large place in his heart which we know had been left by the destroyer, who spares neither friends in their fidelity nor brothers in their fraternal devotion. He displayed in these later years his powers of advocacy in the cases of the Pennacook and Xewbuiy Banks ; Laird vs. the Railroad : ]Mo(jre vs. the Insurance Co. ; Insurance Co. vs. Clark, and other important jury causes. He also grappled with the intricate litigation which for many years has been contested with great ])ersistency over rights of water and land on the Annnonoosuc river, and a multitude of matters of less unportance in the courts of equity and of the referees. His ]iainstaking ])reparation and unyielding persistence in this period was remarkable. He held to his client's rights and contested every inch until the cause of one i)arty or the other was demolished. Com- promise was a most inferior factor in his practice. Litiga- tion like that over the old Bungay Road and the White Mountains Railroad gave ample exercise of his staying powers in his earlier ex[)erience, and these were ne^er relaxed. The once celebrated Soapstone case, in Grafton County, he regarded as the one in which he had shown his IIOX. EDWAin: DEAN UAM). H own powers more fully and to Ix'tter purpose than any other with whieh he was eonneetrd. At the last Decenihrr law term of his life he came with difficulty before the Bar at Concord, in the case of ]\loore vs. Phcrnix Insurance Co., and fulfilled his last service to a client ; and while his aruunient came clear and strong, hut in falterinu" ]m-.\t\\ and halting speech, his brothers kept silence, with the known approval of the Chief Jnstiee, lest the first word of debate should sna],) the silver cord. Having been born Dec. 2t;, iSin, he was ni)wards of three score vears of age when, on the 14th of January last, " Dead he lay among his books." There were incidental features of iiis practice which are worthv of notice. He had a positive regard for the rules of the fee bill. In his ethic-s, a professional service ren- dered to a solvent client meant recomi)ense, and that, too, in accordance with the lawyer's agreement with his associ- ates at the Iku-. He enforced the rules. It was his remark that it was for the whole and not for th.e indiA idual to amend the connnon regulations. He was with (Irant in the proposition that law siiould l)e enforceil — if good, to displav the l)encficial result — if bad, that its mischiefs might be made apparent, and a rei)eal hastened. He col- lected what was his due and used it with ])rndence and economv. In his dealings with his fellow men he was at the same time strict, accurate and honest. His charities were never done in ostentation, and he has left the reccn-d of them only in the hearts of such as his bounty has made glad. " In the name of all that is most precious in life" he said, " in the name of all that deserves to be inunortal, let ais trv to render sacred bv conecalment the little good we 12 HON. p:i)WA!tI) DEAX RAM). do. The benefits tliat flow from our little lives are liardly wortli talking: about, and if remembered at all. are better preserved in the memory of others than of ourselves." He had the courage of his convictions. Thus it was that at New Orleans he ignored their so-called code of honor, and though he never allowed his phvsical courage to be put in question in a righteous cause, he there proved his moral stamina l)y a direct refusal either to fight or apolo- gize for })ublicly expressing a correct oj»iniou concerning a disgraceful act. Though shot in the back for this Ijy the man who foi- once, at least, had heard the truth of himself, without a pulilic retraction, he never gave the miscreant act the dignity of public notice. In any controversy he pivfcrred to face his op})onents. He never hesitated to become a party to a joint debate. He met many of the public speakers of thirty yeai's ago on the platfoiMu. Joint debates were then vcrv nuich moi'c in vogue than at present. He challenged and met the Kev. Yj. I. Carpenter in ]»ublic discussion of the (juestion whether slavery had scri})tural sanction. Later on he also met Judge Poland in a series of six meetings in \\'rmont, and Judge Steele in a single discussion at Lisbon. Several years afterwards he res[»onded to an invitation of the Demo- crats of Newport, Vt., to re})resent them in joint debate with Senator Edmunds. tie was successful in business, for he was diligent in business. He divided his time by a system according to the necessities of business and the necessities of recreation. In neither was he ever intemperate, but in both he was always earnest and often enthusiastic. He made little use of strategy and none of subterfuge. He had little regard for a course of jtrocecdings that raised no s(piare contest- IIOX. EDWAIM) DEAN KAN I). 13 nl)le istsue witli an opjuMient. lie had teni])or but he con- trolled it. He had his opinions of men with whom he came in contact. Those opinions were reserved for his own guid- ance in atl'airs, and wei-c not dealt out for pid^lic or private delectation. lie made his client's cause his own, believed in it, and never triHcd with the ])oj)ular convicticm of his sincerity before coiu't or jurv. lie had the art of conceal- ing art. If he had the good fortune to i)ut a rascal to confusion, he so managed that the incident would be taken as evidence of the other's moral weakness rather than the result of his own skill. He never coveted the a])plause of liystanders or of the Bar, as mere s[)ectators. Thus he came to be regarded as a sincere man who had no desire to compass results by deception. In this way he Avon verdicts. On one occasion he was the recipient of a significant compli- ment from a jnry. They were in disjmte after taking out the case, Avhich had been tried by able counsel before an eminent judge. It was agreed unanimously by the twehe that they would call for Kand's minutes and ]ia\e them settle the point. \ smart man, flippant, self-conscious, crafty and proud of displaying his craft, would never have this experience with a diA ided jury in the highest Court in the State. There were of course elements of weakness in his mental constitution and in his ccmduct of the responsilile business of legal practice. They were not such as would detract from what has been given in estimation of his character as a man. They were not such as to have a place here, for his piu'poses were always honorable, and with those purposes he strove to square his conduct. Some of the salient points of his career as a lawyer at the 15ar have been touched. Much has been of necessity ])assed by that has interest to 14 HON. EDWARD DEAN KAND. you ; and my judgment lias of course often erred in the selection and presentation of the topics Avhich belong to this phase of his life. There are other directions in which his life may be studied Avith equal profit and interest. I shall take the liberty of giving an estimate of what Brother Kand was and what he accomplished as a Judge, in the language of another, avIk^ was an associate on the Bench and a sterling Judge. " Judge Rand, as you know, was a})})()intcd to tlie Bench of the Circuit Court in August, 1874, and held the })Osition only until the re-organization of the Courts in 18 7(), two years. His associates Avere Wm. L. Foster of Concord, Chief Justice, and the late Clinton AV. Stanley of Man- chester. By the act constituting that Court the duties of the Judges AA-ere confined to trial term AA'ork, except in cases AA-here one or more of the Judges of the Superior Court AA'ere disqualified to sit. The same legislature AA'hich remod- elled the Courts, establishing the Su})crior and Circuit Courts in })lace of the old Supreme Judicial Coiu't, also passed the famous referee Lnv, soon afterwards held to be at A'ariance Avith the Constitution on one point in Copj) vs. Henniker, 55 N. 11. " That laAV Avas interpreted by scAcral of the judges to require substantially all ci\il causes at law to be sent to referees for trial. The result AA'as that dui'ing the two years Judge Rand Avas on the Bench the legal business of the State was in some confusion and the practice in a some- AA'hat transitional condition. Comparatively fcAv jmy trials Avere had, and the opportunity afforded a nisi ^;>-««.9 judge to make a reputation, Avas for these reasons, less perhaps HON. EDWAKl) UEAN KANT). 15 than (luring- any other (Miual period ^inw the adojition of the Constitution. " AVhile it would not he true to i^ay that, under these eireumstanees he suceeeded in aehieving a great ju(hcial reputation, it would he (piite untrue to say that a fair opportunity was afforded him to do so. The time was too short for him even to disco\er his own capacity and aptitude for judicial Avork ; nuich more was it too short for any full and fair test of such capacity. Besides, as already sug- o-ested, the condition of things certainly was not in all respects propitious. " But even in this short time and under these rather imfiivorable circumstances I think it must be said that Judge Rand proved himself to be ])ossessed in a high degree of two at least of the noblest and most indispensible qualities of a judge, namely, honesty and courage. I declare with confidence that no man had ever just cause to question his unsullied integrity, and no man Avho knew him ever doubted that he would follow liis convictions whatever they might be. AVhenever he was called to sit in the law court his only anxiety Avas to get at the true application of sound legal principles to the facts of the case. He was conscientious, industrious, pains- taking. Never did it once come into his mind to look about and incpiire Avho was to lose or gain, who to be pleased or offended by the decision. lie never set himself to searching for ingenious words and plausible soundmg phrases with which to cover up or divert atti'ution frctm a perversion of the law Avhich he had undertaken to acc(miplish, because a i)lain and simple application of every-day legal principles would not lead to such a decision of the case in hand as he had determined beforehand to 16 HON. EDWAKI) DEAN KAXD. l)rin<>- about. He did not deal in subtelties, nor tolerate residts "wliieli would not bear the light of day without rhetorical varnish or fine-spun causuistrv. All his methods of tliought'and^action Avere 0})en, direct, manly. He was a lover of truth and a lo\ er of justice. He knew right from wrong at'sight, and could distinguish between the two without any labored process of reasoning. He was sincere, candid and always open to conviction. He was not a pro- foundly lea^-iied lawyer and he did not, while on the Bencli, manifest the higlicst degree of skill in a})plying the princi- ples and doctrines of the conunon law to the vai-ying facts of the cases which came before him. I always thought his early training in the civil law and his practice in the Louisiana courts rather sto(»d in his Avay when, at a later period, he came to change that practice for ours. At any rate the studies of a consideral)le period of his early profes- sional life were by that means turned in a direction some- what different from that generally supposed to I)e necessary i\)Y the full ecjuipmcnt of a professor of our law. But it would l)e a mistake to sup])ose that Judge Band was not after all well versed in the literature of the conunon law. He read much and A\ell. He had a quick, receptive mind and a good memory. This was shown, as we can all testify, in his arguments before the full court, Avhere we have so often felt him to be a formidable antagonist. "And I tliink no one of us would be so rash as to venture the opinion that, wdth his fine intellectual endowments, his rare gift of language, his mental integrity and his studious and scholarly habits, a reasonably sufficient length of judi- cial experience would not have developed and brought to light in him all the qualities of an eminent as well as a useful and valuable judge."" HON. KDWAI.'I) I)I:A\ UAXI). 17 Mv. liaiKTs domestic life was felicitous and exemplary. He married, XoNcinbcr 10, ISol!, Miss Joan II. Stevens of Ijittleton, a daiiro. Chapman's letter, but it will be gi\en you more fairly in its entirety by the public press. Our brother always found the safe medial wav l)etween abstinence and execs;? on occasions ctf social festivity. Tt)ni Hood's ode would ha\e been as appro])iiately ad- dressed to Judge Kand as to Roe AVilson : " I do enjoy tliis heautcous, limuitcmis caith Aud dote upon a jest. 20 HOX, EDWAIID DEAN KANI). Witliin the limits of becoming mirtli. No solemn, santimonious face I pull Nor think I'm pious when I'm only bilious," It was a similar sentiment that he clothed in verse for us : " I pass not by the goodly cheer ; For we are those who have no lasting fear That all the flowery paths of life must tend Sheer downward to a melancholy end, And land the luckless traveller where His soul must be bej^ond the reach of prayer." The successful lawyer is often one w'ho holds important business relations in the community of which he is a member. This is almost a necessity of his position. Here the severest tests of honor and fidelity are applied. A professional acquaintance may not enable us accurately to measure the man by this criterion. I will o;ive the judgment of a neighbor and business associate who knew Mr. Rand more intimately than any of us. He says : " Mr. Rand was naturally very social in his feelings and enjoyed good society. In all his social relations he was a model man, always dealing with the utmost frankness with all who sought his advice or wanted his aid. He never condescended to use anything lun ing the least ap- pearance of flattery or deception, to gain an end, but sometimes seemed to give oiFence by a bluntness, not caused by unkindness but by strong con\icti()n. When standing by his convictions he never hesitated or (:^i\\e a doubtful answer. This seemed to a[)ply to all his relations in life. As a neighbor he was always kind and oI)liging and ready to aid in any way, to any reasonable extent. " He always felt a lively interest in anything that would promote the good order and prosperity of the town and the general interest of the conununily. He (Apposed anything HON. i:i)\vAi;i) dkan i;.\i;i). 21 (•ak'iilated to lower the stniidard of ^ood morals, or eneourag-e disregard of law. lie was an eainest friend to temperance and all licnuine tenipeianee refi)rni, and ciiually opposed to all false pretense or iiuinhuu-. Education l)v the common school, hy a well selecti'd ]il)i'ar\ . or hy lectiu-es, found him always ready to contrilaite, in time oi' money, as might he needed. He was considerahly enuaged in business for a man of his profession, heing interested in several mills, in building-s and in huid. Without giving much time to matters outside of his law business, he always exercised good judgment and was generally successful. This same high sense of honorable dealing was carried into all business transactiims. ' His word was as good as his bond." 'J'his could be said at all times and \uu\vr all circumstances." ]\Ir. Kand was a student of natiuc. He loved to *• hold comnumion with her visible forms." He made IVe(pu'nt pilgrimages to the forest lakes, and never denied himself the i)leasures of occasiimal hunts and fishing jaunts. In this sphere of recreation he i-anked with our brothers ShurtlefF and Aldrich in exct'llence and authority. He kept the habitation of the cam], lor long periods, and th(> sports of the gun and r()d and the j.ure breath of the mountains and woods were his medicine. In tins close contact with the wild forms of natiu'c his thouglit was stim- ulated and his i)hysical body strengthened. His form was tall and spare of fk'sh, but the muscles and sinews were strong, and the long journeys of the woodsman were more a pleasure than a task for him. He explored the lakes and rivers of New York, New England and Canada in his own canoe. He loved the sea shore an.l the sea. "i'ct he had nothmg of the spirit of the hermit in tluse tastes, l»ut 22 HON. E1)WA1!1) DEAN' r.ANI). enjoyed Nature where he found lier heauty undevastated by artifieial changes, and !icr fastnesses unfrecjuented, e\en better in the companionship of congenial spirits tlian in solitude. AVhat we have learned of the birds, the beasts, the forests, tlie mountains, the lakes and the streams, from the books and superficial \ iew, he proved by actual associa- tion with these forms ; and as he reposed in the very arms of Nature, he listened, and learned her M'his})ered secrets. Ilis political [)rincij)les were determined early in life, and in respect to them his belief was sincere and his adherence constant. Pure methods in politics found in him the same persistent advocacy that he ga^•e to his political principles. During all the period of my ac(piaintance as boy or man, with his })osition, he was a Democrat and a leader. It may be he had political ambition. lie did not jjarade it in the public view. It may be he would have welcomed a call to place and power, which was not sounded. He raised for himself no cry of political hunger, distress, or disap[)oint- ment. He desi)ised self-seeking. It was in his creed that office Avas not to be sought or refused ; that public place was not to be bought or begged. ''The wisest man could ask no more of fate Than to be siniplo, modest, manlj-, true ; Hafe from the many, — honored by the few ; Nothing to court in world, or Church, or State, But inwardly, in secret, to be great." He gave his voice, his strength and his time to his party's service. The peo[)lc loved to hear his voice in speech and debate. His denunciation of corrupt methods of gaining votes, either l)y juggling with the ])arty {prin- ciples or by the grosser forms of lying in argument and debauchment of the franchise, was bold, searching and unrestrained. He demanded the removal of the party I1(»N. KDWAIM) DKAN KAM). 23 collar and cliaiii tVoiii tlic neck of tlic siiltctrilinatc piiMic servant and (he siil)stitiitiim of stat('snie:i tor tlic hosscs i:i the superior places in government. The enunciaticjn of" this tenet of his f'aitli was no Icis positive after th m before his party came Into ascendency. In sliort he was a genuine ci\ il service reformer withoul anv e(piivocation or mental reservation. Whenever his party seemed to liiin to be drifting from the true faith he sounded the alarm In the party councils and before the people. He was pres- ident of a convention when the party represenatives de- clared for a ''stable currency." That expression was defined at the time by Col. Tom ^^'hIpple"s famous e])igram. fludgc Kand's opinion was not cxpi'csscd in llie other's striking brevity and Saxon simplicity : but it was to the same conclusion and with tlie same outspoken candor. From the jiarty he recel\ed on unfrecpient occasions, the lilghcst party dis'Inctions and the highest judicial honors in Its power to bestow. It would be out of place in a memoiial of a man of his unconiproniising integrity, to speculate upon the honors he might have enjoyed had he been the man lu; was not, — a time server, a ])olItIcal harlecpiln and hypocrite. As well in politics as In other fields of human contro- versy he was tolerant and catholic towards all who held to honest opinion which duty called him to antagonize. He conceded to others all the lll)erty of opinion that he claimed for himself or his party. How deeply this senti- ment moM'd in his thought we may judge by the ode In Mcinorlmii which he inscril)ed to flames A. (iaitield. "The spirit has taiaw, That rests upon the Everlasting Thought, And underlies all life and death. 'Lake thou The " Jlorning's wings'' and upward pass beyond The Pleiades, and this shall follow thee. And be around thee and within. And down Heneath the sea, the tiniest things that move In strange and sunless caves, are fashioned with ^linutest cai'e, and live and die in strict Obedience to a still resistless Power. Each hair upon thy head, once broken from Thy life, shall tenderly be handed back Into the universal life, without JListe and without waste. Fearest thou that that Which is thy very self — thy soul — with its Prophetic and far-i'eaching thouglit, can be Forgotten? Fear it not, but strong in hope, Exultant in thy faith, go forth to meet The certain Life in Death, as if to meet A steadfast friend, who waits to welcome thee. For great benignant Nature, who in her Appointed way and time remend)ers all Things, nuist remember thee, and all the seed ller iiand hath scattered, and the harvest of Immortal fruit.*'