Page:The Green Bag (1889–1914), Volume 02.pdf/581

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534
The Green Bag.

an Omnipresent Reason considered as the Creative and Sustaining Logos." This is a metaphysical work, embodying a system of pure idealism, and displays unusual power as a philosophical thinker on the part of the author. In the earlier years of his career as a judge his charges to the grand jury drew public at tention to him. It was not until the last

year of Judge Durfee's judicial service that provision was made for reporting the de cisions of the court. For this reason his name is not conspic uous in the reports. His few published opinions are clear, com pact, well reasoned. He did not laboriously collect the precedents and carefully weigh the authorities for and against a legal propo sition. He preferred to reason out his own conclusions, to decide on principle rather than on the weight of authority. The pre cedents of the courts were used by him for THOMAS the purpose of justify ing the conclusions he had reached rather than as the means of reaching those conclusions. Judge Durfee's exposition of the law of treason during the Dorr Rebellion, so called, and in the trials for treason which followed it, constitutes his most signal judicial ser vice. The Dorrites contended that if the people are sovereign, they, or a majority of them, have the right, with or without law, to change the form of government. Judge Durfee maintained that it is only under the law that the people are sovereign. The law by giving them unity makes them a State,

and it is as a State that they are sovereign. If they undertake to change the government, such change is an act of sovereignty; and if they attempt to carry this into effect, it is treason. Judge Durfee is described by his son as having been of medium height, portly in person, and physically indolent. His face was massive and heavy, but powerful in the expression of strong emotion; generally taciturn, modest, unas suming, candid, chari table, accessible to anger, but harboring no malice. Levi Haile. Judge Haile was a native of Warren, Rhode Island, where he studied and prac tised law until his election as Associate Justice in 1835. He graduated at Brown University in the class of 182 1, and repre sented his town in the General Assembly from 1824 to 1835. He remained upon the bench until his death DURFEE. in 1854. It was said of him by the late Professor Goddard that " as a member of the court he was patient, attentive to business, and kind and courteous in his intercourse with the bar. No member of the bar was more familiar with the judicial history of the State, and with questions of local law and practice, than Judge Haile." Richard Ward Greene. After the death of Chief-Justice Job Dur fee, Richard W. Greene was elected ChiefJustice of the State. Judge Greene was born at Warwick, Rhode Island, in 1792.