Page:The Green Bag (1889–1914), Volume 04.pdf/91

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The Green Bag.

is, they are two against one, and I have no option but to yield to the force of numbers, — in other words, to " the tyranny of majorities." Though twice beaten, I am still strong in the true faith, and am ready to suffer for it (moderately) on all proper occasions.'" "Courts of final review are bound by the rule of stare decisis both as a canon of public good and a law of self-preservation : nevertheless, where a grave and palpable error, widely affecting the ad ministration of justice, must either be solemnly sanc tioned or repudiated, the maxim which applies is fiat Justilia ruat avium." Judge Bleckley has, of course, the defects of his qualities. The acute and subtle in tellect will question and doubt, where minds of different cast will rest with certitude. The result of this highly critical faculty caused him great judicial travail, and in 1880 he broke down under his labors. His let ter of resignation to the Governor was as follows : — Atlanta, Ga., Jan. 22, 1880. His Excellency, Alfred H. Colquitt: Dear Sir. — I hereby resign the office of Asso ciate Justice of the Supreme Court for the follow ing reasons : — First, I am not sufficiently learned in the law to be qualified on a large and liberal scale for judicial functions. In consequence of this deficiency I rarely know how to dispose of difficult cases until after a degree of labor which exhausts me in mere preparation tor deciding. It follows that I am generally behind in writing out my opinions. At present I am much behind. Second, my health threatens to fail unless I change my mode of life. This resignation is designed to take effect on the first day of the approaching February term. Very respectfully your obedient, humble servant, L. E. Blkcki.ky. There was universal confidence in the pain ful and unaffected modesty that prompted this letter; although in the opinion of the bar and the public there was a grim humor in it, coming from the one man in the State who was pre-eminently the best qualified for the bench.

The Governor's graceful reply was as follows : — Executive Office, Jan. 26, 1880. Judge Logan E. Ri.ecklev, Associate Justice Su preme Court, Atlanta, Ga. : Dear Sir, — Your resignation as Associate Jus tice of the Supreme Court of Georgia has been received, and I hereby give you official notice of its acceptance, to take effect on the first day of the approaching February term. Permit me to express regret that you should feel it due to yourself to close your official duties and retire voluntarily from the high trust you have so faithfully discharged. I must beg to dissent from your modest estimate of your qualifications, and to assure you that I would not feel justified in accepting your resignation based alone on that ground. The consideration of your health, how ever, leaves me no alternative. With high respect for you personally and offi cially, I am, very respectfully, Your obedient servant, Alfred H. Colquitt. The most interesting episode of the resig nation, however, was Judge Bleckley's poem on Rest, which he read on leaving the bench. Coming as it did from one who was in a state of physical collapse from overwork, its recognition of labor as the divine law for man was full of bravery and pathos. IN THE MATTER OF REST. Rest for hand and brow and breast, For fingers, heart, and brain! Rest and peace! a long release From labor and from pain : Pain of doubt, fatigue, despair, — Pain of darkness everywhere. And seeking light in vain! Peace and rest! Are they the best For mortals here below? Is soft repose from work and woes A bliss for men to know? Bliss of time is bliss of toil : No bliss but this, from sun and soil, Does God permit to grow. During Judge Bleckley's retirement and recuperation he had time, between the in tervals of consulting practice to which he