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OF

CASES DETERMINED

IN

THE SUPREME COURT

OF THE

STATE OF ILLINOIS,

DURING THE YEARS 1861 AND 1862.

BY E. PEOK,

COUNSELOR AT LAW.

VOLUME XXVII.

CHICAGO:
E. B. MYERS, LAW BOOKSELLER AND PUBLISHER,

No. 111 Lake Street.

1863.

ENTERED ACCORDING TO THE ACT OF CONGRESS, IN THE YEAR 1868, BY

E. PECK,

IN THE CLERK'S OFFICE OF THE DISTRICT COURT OF THE UNITED STATES, FOR THE

NORTHERN DISTRICT OF ILLINOIS.

Ree Mch 6. 1863

TRIBUNE COMPANY, BOOK & JOB PRINTERS,

OHICAGO.

c. C. NEERAMER, BOOK BINDER,

OIICAGO.

JUDGES OF THE SUPREME COURT.

CHIEF JUSTICE.

JOHN D. CATON.

ASSOCIATE JUSTICES.

PINKNEY H. WALKER. SIDNEY BREESE.

RESOLUTIONS OF RESPECT TO THE MEM

ORY OF W. H. L. WALLACE.

The following proceedings are published by request of the bar attending the Supreme Court at Ottawa:

A meeting of the Members of the Bar was held at the Supreme Court Room, on the 23rd of April, 1862.

Hon. N. H. PURPLE was called to the Chair. Hon. Wm. C. Goudy was appointed Secretary.

On motion, a committee of seven was appointed by the Chair to report resolutions to an adjourned meeting.

The Chair appointed Thomas HOYNE, B. C. Cook, GEO. CAMPBELL, EBENEZER PECK, JAMES ROBERTS, H. M. WEAD, and W. W. ORME.

At the adjourned meeting, Mr. HOYNE reported the following resolutions :

Resolved, That in the recent death of our esteemed friend and brother, the late W. H. L. WALLACE, from wounds received wbile gallantly leading a division at the battle of Pittsburgh Landing, the Bar of Illinois, in common with the people of the whole State, deplore the loss of a soldier, who, as well in his life, as by ihe manner of his death on the field, bas sealed by his blood this new testimony of the ineradicable devotion which the people of Illinois are manifesting in heroic deeds and patriotic sacrifices to that form of free government on this continent, which domestic traitors are so wickedly attempting to overthrow.

Resolved, That while as citizens, the State may regret the loss of the experienced chief who could successfully inspire by his personal daring and valor, the troops committed to his charge, and by his example and bravery command success in the desperate charge or assault of battle,-and while to the grateful history of his country is now committed that fame, which to remote ages will rank his name with the other beroic defenders and founders of the Republic ;yet the Bar of Illinois have a sadder tribute to render now to his memory, by an expression of the profound grief which they feel at this final parting, and loss of a friend and brother.

Resolved, that they knew in the late W. H. L. Wallace, one who, while possessing all the virtues that adorn a private life of exemplary excellence, in his professional character he was also a man without spot or blemish. Of a persevering industry, a very high order of legal attainment, and the very highest order of intellectual capacity, he seemed above all to shine in the very spirit of intellectual, moral and professional rectitude. This was “the daily beauty of his life," which never ceased to distinguish him in that career of professional triumphs which bad placed him already in the very front rank of eminent professional men, in all his intercourse with his brethren of this Bar and the State. As brethren, therefore, of the profession which he honored in his life as well as by his glorious death, we may well pause as we now do, in the midst of our

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