Proceedings on the death of Mr. Justice Bradley.

Justice Bradley was a Christian man, cherished the domestic virtues in his home, was a good neighbor, and a good citizen. He tried always to preserve a conscience void of offence toward God and man. Charges against his integrity or honor fell away from him as hurtless as hail from the face of yonder monument. To assert that such endowments, enriched by such cultivation, have perished, that the light of such a life has sunk in endless night, is to impeach the economy of nature.

Justice Bradley was a great lawyer, a great magistrate, a great man. He exalted the tribunal wherein he sat; he enlarged the measure of the place he occupied. His successor will in due time be appointed; his place will not soon be filled.

MR. CHIEF JUSTICE FULLER responded as follows:

We receive the memorial of the bar and the address of the Attorney General as deserved tributes to the eminent man, whose labors have illuminated the conclusions of this tribunal, and whose gracious presence has been to its members a source of inspiration and fraternal regard for so many years. We, indeed, sorrow deeply that we shall see his face no more.

The story of the lives of those who have triumphed over adverse circumstance and by indomitable will and industry attained that greatness in usefulness and in fame to which their mental gifts entitled them, is always full of interest and instruction, and in portraying the early difficulties surmounted by our departed brother, the Attorney General has justly called attention to the impressive lesson taught, in that particular, by his career, and indicated one of the most striking grounds of the success with which that career was attended. For the capacity for unremitting intellectual toil was his, accompanied by that power of concentration wherein lies the secret of mastery.

He had not only the "inquiring" but the "intending" mind. He not only looked into things, but threw himself upon them and possessed himself of them. In each instance, his nature seemed subdued to what it worked in, "like the dyer's hand." Minuteness and comprehensiveness went together, so that to his understanding the illustration from the Arabian Nights might well be applied, as it was to Bacon, that it resembled the fairy's tent, which could be placed, perfect in its proportions, on the hand, but

Proceedings on the death of Mr. Justice Bradley.

set up upon the plain, whole armies could encamp beneath its shade.

It would be unreasonable to say that he took "all knowledge for his province," yet the range of his studies was vast; the books chewed and digested, many; and his acquaintance with affairs so extensive, that what was original and what acquired poured from him in a common flood.

If, as has been said, great judges may be divided into those who decide the particular dispute correctly, and those who, in doing that, expound the principles which will govern future cases, Mr. Justice Bradley undeniably belonged to the latter class; for his decisions in disposing of the matter in hand so explained the reason and the philosophy of the rule applied, as to furnish a guide to the solution of problems to come.

Taking his seat upon this bench, conversant with every branch of the law, and with a mind filled with the results of brooding over fundamental principles in the vigils of many years, there is no ground for surprise that he has left a lasting impress upon the jurisprudence of his country. His opinions from the 9th Wallace to the 141st United States, (numbering nearly five hundred,) couched in pure, undefiled English, vigorous but elegant, whether in the great domain of constitutional law, in cases at law or in equity, in admiralty, in patent causes, covering the whole field of judicial investigation, whether involving the application of the subtle learning of the common law or the refined and equitable distinctions of the civil, whether treating of the principles of social order, of civil and political liberty, the bases of forms of government or the immortal structure of his own, constitute a repository of statesmanlike. views, and of enlightened rules in the administration of justice, resting upon the eternal principles of right and wrong, which will never pass into oblivion-an edifice which will remain even though time erase from its corner-stone the name of the architect and builder. This is the exceeding great reward of an illustrious magistrate, that his work in contributing to the progress and happiness of mankind, by the just enforcement of the laws, will last as long as humanity endures.

The President of the United States, in acknowledging the official notification of Mr. Justice Bradley's death, said: "He was not only learned in the law, but the temper of his mind was so fine and his wisdom so great that I do not wonder that you valued his

Proceedings on the death of Mr. Justice Bradley.

counsels so highly." This observation is discriminating and just, for it touches that reserved force, termed character, which gave Mr. Justice Bradley an influence beyond the mere words he wrote or uttered. Fineness of mind, wisdom of thought, cordiality of heart, simplicity of manner, conscientious devotion to duty, an absolute integrity-these he had, and possessing these, he has left no unfinished window in the palace of the reputation bequeathed to posterity. Never suffering the talents given him to be weakened or extirpated by disuse, he persevered in the performance of public duty far beyond the period assigned as entitling to well-earned repose.

And so beneath the quiet stars, that appeared in the heavens as the twilight faded away, he continued to reap the harvest of a well-spent life, and at the summons of his Master came, bringing his sheaves with him.

An adjournment has heretofore been had as a mark of respect to the memory of our beloved associate, and a majority of our number has attended the committal of his body in the sure and certain hope of the life of the world to come. The resolutions and the remarks which have accompanied their presentation will be entered upon the record.

INDEX.

ACCRETION.

See RIPARIAN OWNER.

ALASKA.

See BEHRING SEA;

JURISDICTION, D, 1, 3, 4.

ALIEN IMMIGRANT.

The act of February 26, 1885, "to prohibit the importation and migration
of foreigners and aliens under contract or agreement to perform labor
in the United States, its Territories, and the District of Columbia," 23
Stat. 332, c. 164, does not apply to a contract between an alien, resid-
ing out of the United States, and a religious society incorporated under
the laws of a State, whereby he engages to remove to the United States
and to enter into the service of the society as its rector or minister.
Holy Trinity Church v. United States, 457.

APPEAL.

See BEHRING SEA.

APPURTENANCE.

An appurtenance is that which belongs to or is connected with something
else to which it is subordinate or less worthy, and with which it passes
as an incident; and in strict legal sense land can never be appurtenant
to land. New Orleans Pacific Railway Co. v. Parker, 42.

See RAILROAD, 1, 3.

AVULSION.

See RIPARIAN OWNER.

BEHRING SEA.

At a time when a diplomatic correspondence was going on between the
United States and Great Britain respecting the extent of the jurisdic-
tion of the former in the waters of Behring Sea, a libel in admiralty
was filed in the District Court of Alaska, alleging a seizure by the

United States authorities of a vessel "within the limits of Alaska Ter-
ritory, and in the waters thereof and within the civil and judicial Dis-
trict of Alaska, to wit: within the waters of that portion of Behring
Sea belonging to the United States and said district, on waters navi-
gable from the sea by vessels of ten or more tons burden," and charg-
ing that "the said vessel and her captain, officers and crew were then
and there found engaged in killing fur seals within the limits of Alaska
Territory and in the said waters thereof, in violation," etc. The find-
ings of fact followed this description, and described the act complained
of as done "within the waters of Alaska." No request was made to
have the findings made more specific as to the place where the offence
was committed. The vessel being condemned, the claimants appealed
to this court. The appeal was duly entered and docketed, and was
then dismissed on application of the appellant, who applied for leave
to file an application for a writ of prohibition to restrain the court
below from enforcing the sentence or the decree of condemnation.
Leave being granted, the petition was filed, and it is now Held,
(1) That the legal inference from the findings of fact is, that the act took
place within the jurisdiction of the United States;

(2) That an appeal lay to this court from the decree of the District Court;
(3) That, the District Court having found the facts, this court would be

limited, on appeal, to the consideration of the questions of law pre-
sented by the record;

(4) That the District Court on the pleadings and facts found had jurisdic-
tion of the case, and the petitioner might have prosecuted an appeal;
and that the appeal taken was insufficient for petitioner's purposes,
because of his neglect to have included in the findings the exact
locality of the seizure;

(5) That for this reason the writ of prohibition should not issue: the
court resting its denial of it on this ground, although it might have
placed it upon the well settled principle that an application to a court
to review the action of the political department of the government,
upon a question pending between it and a foreign power, and to deter-
mine whether the government was right or wrong, made while diplo-
matic negotiations are still going on, should be denied. In re Cooper,
472.

BILL OF REVIEW.

See EXECUTOR AND ADMINISTRATOR, 1.

BOUNDARY.

See CONSTITUTIONAL LAW, A, 13;

EQUITY, 3;

JURISDICTION, B, 7.