and instruction of the public. In 1849, at a meeting of the members of the bar, convened after the death of Mr. Chauncey, and at a similar meeting in 1852, soon after the decease of Mr. Sergeant, he gave utterance to his estimate of those distinguished men, with remarkable analyzation of their mental and moral characteristics, and in words all aglow with the warmest friendship. The meeting in reference to Mr. Sergeant's death was the last occasion of his distinctive association with his professional brethren. He never again appeared at a bar assemblage. Once only afterwards (so far as I have learned), did he allow himself to be prominent on an entirely public occasion. It was on the twenty-second day of February, 1860, when in response to an invitation of the City Councils, he read before those bodies assembled in joint meeting, Washington's Farewell Address. In addition to the members of the Councils, a few invited friends were present. Mr. Binney, then eighty years of age, stood on the platform in the Common Council chamber, and read the entire address, with a firm voice, and with expressive emphasis. When he had concluded, silence ensued in the chamber, the audience evidently expecting some remarks from him. He was much affected, and after pausing awhile he said, "and thus closes the noblest compendium of fatherly affection, patriotism and political wisdom the world has ever No words of mine are fit to stand beside it." In the year 1852, at the one hundredth anniversary of The Philadelphia Contributionship for the Insurance of Houses from Losses by Fire, he delivered an address on the history of fire insurance, and upon the principles adopted by that association. Like everything which came from him, the address exhibited the completest understanding of his subject, great felicity in its mode of presentation, and a vigor and beauty of expression unsurpassable. It is read with pleasure and with profit even now. In the following year he published a valuable and suggestive article on the naturalization laws. In 1858 he gave to the public a sketch of the life and character of Bushrod Washington, a Judge of the Supreme Court of

seen.

the United States, who for many years presided in this circuit with great honor to himself, and usefulness to the country. In his court, Mr. Binney had very constantly appeared, in the conduct of most important causes, and there had grown up between the Judge and the lawyer mutual regard, and even affectionate admiration. These feelings and sentiments found unrestrained expression in the sketch, and therein also, he delineated, with his wonted acuteness, the qualities which make up a perfect nisi prius judge, nowhere else better, if as well, described.

In the same year (1858) he published those exquisite descriptions of three leaders of the old bar of Philadelphia, which are still read in this community with intense interest, though the men described belonged to a generation long gone past. The freedom of the writer from all envy or jealousy; the generous appreciation and acknowledgment of true and varied excellence; the searching analysis of intellect and character, and the graceful presentation of each subject's individuality which the descriptions exhibit, have compelled admiration alike in this country and in England, where they were reviewed by Sir John Coleridge, with expression of warm admiration alike of the sketches, and of the author.

In 1858, also, he gave to the press a more extended discussion, entitled "An inquiry into the formation of Washington's farewell address," which is not only curious and interesting, but strikingly illustrative of the character of his mind, and of his habits of thorough investigation, and of reasoning. It is mainly a treatment of evidence, coupled with a description of conflicting probabilities. From it one who never knew him in the exercise of his profession, may learn how careful and minute was his search after facts, how calmly and wisely he arranged every fact discovered in its proper relation to all others, giving to each its due weight, how inevitably his deductions seemed to flow from his premises, and how precise and perspicuous was the language he employed. No one, I think, can rise from its perusal without a thorough conviction that its conclusions are absolutely

correct, and that the opinions that prevailed before its publication were, all of them, more or less erroneous.

One other product of his thoughts he gave to the public. During the progress of the civil war, the President of the United States, under the pressure of what seemed a real necessity, suspended the privilege of the writ of habeas corpus, without any authority given by Congress, claiming that by the Constitution, and from the nature of his executive office he was invested with the power to suspend the privilege, in cases of rebellion or invasion. As might have been expected, his act immediately called forth much unfavorable criticism, and his power to do what he did, in the absence of Congressional authority, was in many quarters strenuously denied in all quarters, perhaps, at least doubted. It was then (in 1862) that Mr. Binney turned to the consideration of the subject, and gave to the public an argument in support of the power claimed by the President, not less remarkable than the best of his earlier efforts. This is not a proper occasion to pronounce judgment upon the correctness of his conclusions. Of the argument itself, however, I may speak. It was thoroughly original, and it was constructed with a force and elegance that won admiration, even where it did not command assent. It is contained in three pamphlets published successively in 1862, and 1863. They will never cease to be regarded as models of acute reasoning applied to constitutional law.

To such labors and employments Mr. Binney devoted the later years of his life. They were happy years, crowned with habitual cheerfulness, though not unmingled with sorrow. In 1865 Mrs. Binney, his companion through all his early struggles at the bar, and through the period of his highest success, was removed by death. And in 1870 he suffered another severe affliction in the death of his oldest son, Horace Binney, Jr. That son was himself pre-eminent in mental and moral culture, in soundness of judgment, in refinement of taste, in goodness of heart, in true piety, and in all that adorns and ennobles human nature. The father and the son were