Page:The Green Bag (1889–1914), Volume 02.pdf/523

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The Green Bag.

highest court, twelve hundred and forty-four cases were reported, comprising seven thou sand four hundred and fifty pages, and of this number Judge Parker wrote five hun dred and ten opinions, covering three thou sand three hundred and fifty-six pages. He was independent in his reasoning, and he trusted thoroughly in himself. His natural abilities were largely reinforced by much study and reflection, and his courage was worthy an ancient crusader. He paused not at the " what have beens " in jurispru dence, but went boldly on to what he con ceived to be the true reasoning; and if he found his path encum bered with the litter of former days, he brushed it aside, so that the way might be clear and open. Britton v. Turner, 6 N. H., one of his ear liest cases, illustrates r that superb indepen dence of mind that always marked Judge Parker's judicial ca reer. Here he clearly

HENRY A.

lays down a rule on the question of liabil ity on a special contract for labor, and brings to his reasoning all that lucidity of state ment for which he was noted. It was Judge Parker, — then a bachelor, to be sure, — who in Parsons v. Parsons, 9 N. H., and in subsequent decisions, recog nized the rights of married women as against the creditors of their husbands. This was in advance of the authorities in many States; and Charles Sumner, then editing a law magazine, took occasion to accord to Judge Parker a high standing among the jurists of the country, although complaining that the

New Hampshire bench in its learning did not show " the taste and tincture of distant an tiquity." Joel Parker seems to have had an inborn disposition to trip up the unwary; and it began when he was a youngster. It is related that when he was a boy he was a member of the militia; and one day, as the orderly-sergeant was slowly going down the company front marking absentees, young Joel slyly thrust his musket between the non-commissioned legs, and sent the fel low sprawling. All through his life he" stood ready to dispute with any one as to matters that seem too trifling for serious thought, and yet in his hands they became al most mighty. No man had a deeper respect for learning, and yet he never hesitated to question that learning if he thought there was aflawinit. He did not apologize, but plunged in, and seizing the ques tion shook it thorough ly. It was this fearless ness that caused the BELLOWS. famous controversy with Joseph Story. This celebrated discussion came near get ting New Hampshire into a serious misun derstanding with the General Government. But Judge Parker knew that he was right; so, regardless of everything, he buckled on his armor and did valiant battle. At times that verbal discussion touched closely the limits of judicial decorum, and a temperful spirit was plainly manifest; still on went the strife, only to be finally ended some years after Judge Story's death. The cause of this con troversy, which created such excitement all over the country, was the question whether