Chief Justice Shaw, though very rough in his manner was exceedingly considerate of the rights of poor and friendless persons.
George F. Hoar
The Public Record
But it would be a great public loss if any of Chief Justice Shaw's utterances were omitted.
So his decisions in cases where the questions raised are narrow and unimportant are often most valuable contributions to jurisprudence.
The counsel who lost his case felt not only that he had had the opinion of a great and just magistrate, but that every consideration he could urge for his client was respectfully treated and either yielded to or answered.
He possessed, beyond any other American Judge, save Marshall, what may be termed the statesmanship of jurisprudence.
He never undertook to make law upon the Bench, but he perceived with a far-sighted vision what rule of law was likely to operate beneficially or hurtfully to the Republic.
He was watchful to lay down no doctrine which would not stand this test.
His great judgments stand among our great securities, like the provisions of the Bill of Rights.
But the whole people felt that his great integrity and wisdom gave an added security to every man's life, liberty, and property.
Judge Shaw, in his latter days, was reverenced by the people of Massachusetts as if he were a demi-god.
But in his native county of Barnstaple he was reverenced as a God.
But he knew how to convey his meaning to the apprehension of Courts and juries.
Fletcher advised his client that although he had an excellent case, the evidence at his command was not sufficient to prove it, and advised against bringing an action.
But the most interesting and racy character among our old Judges was Theron Metcalf.
He comprehended with marvellous clearness the precise extent to which any adjudged case went, and would state its doctrine with mathematical precision.
The Judge began his charge to the jury: "Gentlemen of the jury, a man who takes up a cow straying in a highway is a fool.
They are brief, compact, written in excellent English, and precisely fit the case before him without any extraneous or superfluous matter.
But he had a gift of driving his point home to the apprehension of juries and of the people which was rarely equalled.
When he had inserted his wedge, he drove it home with a few sledge-hammer blows.
Let nobody think that there was anything trifling or ludicrous about John Davis.
He was a great, strong, wise man, a champion and tower of strength.
The majestic presence of Webster, the classic eloquence of Everett, the lofty zeal of Sumner have made them more conspicuous figures in the public eye, and it is likely will preserve their memeory longer in the public heart.
But the figure of John Davis deserves to stand by the side of these great men in imperishable memory as one of the foremost men of the State he loved so well and served so faithfully and wisely.
He did more, probably, than any other man to organize and bring to success the political revolution in New England which followed Jefferson's accession to the Presidency in 1801.
As vanish the mists of the morning before the rays of a sunbeam, so error withdrew from the inquiries of the understanding.





