THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 St:
 
 ^"L .T'Ov. 1 " 
 
 : 'C-.v - 
 
 
 ^ v. i. h. 
 
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 In JMemoriam. 
 
 jfames Overtoil Broadbcad. 
 
 august 7, 1898.
 
 -5/4- 
 
 CONTENTS. 
 
 INTRODUCTION ._''. 3 
 
 PROCEEDINGS OF THE ST. Louis BAR . 5 
 
 ADJOURNED MEETING ... 6 
 
 MEMORIAL OF THE ST. Louis BAR ; . 7 
 
 PROCEEDINGS OF THE MEMORIAL MEETING IN 
 
 PIKE COUNTY .... 19 
 
 ADDRESS OF MR. FAGG .... 20 
 
 RESOLUTIONS OF PIKE COUNTY MEETING . - 28 
 
 ADDRESS OF MR. KENT .... 29 
 
 ADDRESS OF MR. CAMPBELL . . 57 
 
 ADDRESS OF MR. HAGERMAN . . . 59 
 
 RESPONSE OF JUDGE ADAMS . . . 70 
 
 ADDRESS OF MR. FINKELNBURG . . 73 
 
 RESPONSE OF JUDGE THAYER . . . 76 
 
 ADDRESS OF MR. HITCHCOCK ... 79 
 
 RESPONSE OF CHIEF JUSTICE GANTT . . 85 
 
 ADDRESS OF MR. KRUM .... 87 
 
 MEMORIAL OF THE LOYAL LEGION . . 91 
 
 MEMORIAL OF THE VIRGINIA SOCIETY . . . 97 
 
 MEMORIAL OF THE AMERICAN BAR ASSOCIATION 101 
 
 550172
 
 INTRODUCTION. 
 
 N presenting this publication to those by whose generosity 
 it is made, and who have assigned to us the labor, which 
 is one of love in editing it, we feel that a word of explanation 
 is necessary. 
 
 We have not thought it wise to preface this Memorial 
 volume with a biographical sketch of Colonel Broadhead, since 
 the various addresses and resolutions which it contains tell 
 the whole story of his life. Its purpose is to preserve in some 
 enduring shape a record of what has been said and done as a 
 precious treasure for those who knew the man, and as a legacy 
 for those who are to come after us. 
 
 Repetitions of the same sentiment and of comment upon 
 the same qualities will be found in many of these proceedings ; 
 this is due to the fact that he was a person of such marked 
 individuality that no one could speak or write of him and leave 
 unmentioned his striking characteristics. The many traits 
 that distinguished his professional and public life were supple- 
 mented by a simplicity of character that gave a charm to his 
 personality, whilst 
 
 "Affection, kindness and the sweet offices 
 Of love and duty were to him as needful. 
 As his daily bread." 
 
 Fortunate those who were associated with his professional 
 and public life and enjoyed his personal friendship ! 
 "Beate vixisse videar, quia cum Scipione wxertm." 
 
 HENRY T. KENT. 
 JAMES L,. BLAIR. 
 ST. Louis, March 15th, 1899.
 
 PROCEEDINGS OF THE BAR. 
 
 LJ MEETING of the St. Louis Bar, in honor of the memory 
 ' of the Hon. James O. Broadhead, was held at Court 
 Room No. 4, of the St. Louis Circuit Court, on August 9, 
 1898, to take appropriate action upon his death. 
 
 On motion of Truman A. Post, Esq., Col. D. P. Dyer was 
 chosen chairman and Heber W. Adams as secretary. 
 
 Col. Dyer delivered a feeling and eloquent address cover- 
 ing a period of forty years, during which he had known Col. 
 Broadhead. 
 
 On motion of Mr. Henry T. Kent, the chairman appointed 
 a committee of nine to draft fitting resolutions. The com- 
 mittee was composed of Henry T. Kent, Truman A. Post, 
 Fred W. Lehmann, James L,. Blair, John W. Noble, Herman 
 A. Haeussler, John H. Overall, Amos R. Taylor and Malvin 
 L. Gray. 
 
 In view of Col. Broadhead 's career at the bar and in 
 public life, the committee asked for time to prepare an 
 appropriate memorial, which was granted.
 
 LjT an adjourned meeting of the St. Louis Bar, held in 
 '^ Court Room No. 4, on Saturday, November 12, 1898, 
 for the purpose of receiving the report of the committee 
 appointed to prepare suitable resolutions on the death of Col. 
 James O. Broadhead, the committee reported that their mem- 
 orial had been prepared by Mr. James L- Blair, one of its 
 members, and was ready for presentation ; at the request of 
 the Chairman, Mr. Blair then read the following memorial :
 
 MEMORIAL 
 
 OF 
 
 JAMES OVERTON BROADHEAD. 
 
 YOUR committee conceives it to be its duty to incorporate 
 in this memorial some of the principal events of the life 
 of our distinguished brother as a fitting, and indeed a 
 necessary preliminary to a just estimate and expression of the 
 worth of one who has stood so high in our profession, and in 
 the esteem of his fellow-citizens. 
 
 Born at Charlottesville, Albemarle County, Virginia, on 
 the 29th day of May, 1819, Col. Broadhead had just com- 
 pleted his seventy-ninth year when, on the 7th day of August, 
 1898, after a long illness, he departed this life. At the age of 
 eighteen, after a year spent at the University of Virginia, he 
 removed to Pike County, Missouri, where he was admitted to 
 the bar in the year 1842. In 1845 he was a delegate to the 
 State Constitutional Convention ; in 1847 a member of the 
 State House of Representatives from Pike County, a State 
 Senator in 1851, a member of the Committee of Safety in 
 St. Louis in 1861, and in the same year a delegate to the State 
 Convention which assembled to determine upon the course of 
 the State on the issue of union or secession. Appointed to 
 be District Attorney of the United States during this year he
 
 soon resigned his office in order to discharge more pressing 
 public duties growing out of the exigencies of the war. In 
 1863 he was commissioned Lieutenant Colonel of Volunteers, 
 by President Lincoln, and immediately appointed Provost 
 Marshal General of the Military Department of Missouri. 
 
 Elected a delegate to the Constitutional Convention of 
 1875, he labored incessantly in the formation of the constitu- 
 tion adopted in that year. He was retained as special counsel 
 for the government in the famous "Whisky Ring" cases in 
 St. Louis in 1876, and in 1878 was made president of the 
 American Bar Association. In the year 1882 he was elected 
 to Congress and served with distinction on the Judiciary Com- 
 mittee of the House during his term, declining a renomination. 
 President Cleveland, in 1885, appointed him Special Commis- 
 sioner to make examination with reference to the " French 
 Spoliation Claims," in pursuance of which duty he spent 
 several months in France, examining the government archives 
 and upon his report Congress took the first action toward 
 making provision for the payment to the descendants of those 
 whose claims had been ignored for nearly a century. Soon 
 after the completion of this duty, he was appointed Minister to 
 Switzerland, which office he held until about tw r o years before 
 his death. 
 
 In 1859 he came to St. Louis where he formed a law 
 partnership with the late Fidelio C. Sharp, which continued 
 till the death of the latter in 1875. Subsequently he was 
 associated with John H. Overall, W. F. Broadhead, A. W. 
 Slayback, Herman A. Haeusslerand C. S. Broadhead ; with the 
 last two his association continued until the time of his death. 
 
 From almost the day of his admission to the bar in 1842, 
 with the exception of the brief intervals caused by his absences 
 abroad, he was continuously engaged in the practice of the
 
 law, and was concerned in much of the great litigation of this 
 city and State, as well as in many important controversies in 
 the Federal Supreme Court. 
 
 It appears from this outline that both the public and 
 professional careers of Colonel Broadhead were unusually long 
 and active, touching great affairs and intimately connected 
 with some of the most momentous crises in the history of our 
 State and national government. The least that can be said of 
 him is that he was fully adequate to every occasion, however 
 trying, and that in many of his forensic efforts and public 
 acts he was conspicuously great. 
 
 In analyzing the careers of men we are oftentimes con- 
 fronted by anomalous and seemingly contradictory results. 
 In some we find talents and energy in combination, such as 
 would ordinarily assure success, followed by failure. In others 
 we find mediocre ability rewarded by the highest distinction ; 
 and we -are forced to the conclusion that there is no " itinerary 
 of the road to fame ; ' ' her mantle falls upon those who 
 possess that assemblage of faculties, not one of which need 
 necessarily be great, so adapted to environment that, working 
 in harmony, they together secure the prize for which we all 
 strive. There is, however, one quality whose presence insures, 
 and whose absence makes impossible, true greatness, and that 
 is character. In scrutinizing the career of our friend we find 
 that while gifted with many intellectual qualities above the 
 average of men, this one salient element stands out foremost 
 in his composition. In his integrity, firm as the very founda- 
 tions of truth, he was without "variableness nor shadow of 
 turning." In a public address he once used these words : 
 "No man without an upright mind, and no man who has not 
 preserved his integrity, has ever died leaving the reputation 
 of a great lawyer. ' '
 
 To this standard his whole life was adjusted and the 
 reputation he leaves perfectly illustrates the truth of his 
 maxim. 
 
 In the profession of the law Colonel Broadhead stood 
 easily in the front rank, not only in this State, but in the 
 nation ; indeed, of all our State bar, he probably enjoyed the 
 widest national reputation, for his public career served to 
 attract attention to his notable ability as a lawyer, as is 
 shown by his constant employment in cases of great magni- 
 tude, in the Federal Courts, arising outside of the State. His 
 legal education was thorough, and, notwithstanding his active 
 participation in public affairs, his studies were never inter- 
 mitted. The character of his mind was such, that it seemed 
 to be able to select the salient points of a controversy or a 
 reported case, to eliminate the immaterial and to concentrate 
 upon the main issue. In the trial of causes he gave little 
 attention to what might be called the minutiae of preparation. 
 He seemed to care but little for memoranda, for the orderly 
 arrangement of papers and all that multitude of details which 
 occupy so much of the attention of the ordinary practitioner. 
 He seemed to the casual observer to be rather neglectful in 
 these matters, but when the trial was on he was never found 
 unprepared. Somewhat slow in his movements he gave the 
 impression of not being alert in his mental processes ; but no 
 man who met him in a professional contest ever finished it 
 without being profoundly impressed with his acuteness of 
 perception, his unfailing readiness and his extraordinary 
 resourcefulness. His mind was cast in a mould which discards 
 those mere technicalities that distinguish the legal mechanic 
 from the great lawyer. It possessed that clear discernment 
 which classified the issues according to the underlying princi- 
 ples of right and justice, and which, with the aid of a memory
 
 singularly tenacious and accurate, enabled him in a time 
 inconceivably short, to harmonize principle with precedent in 
 the construction of arguments, persuasive, logical, conclusive. 
 It seemed to one opposed to him for the first time that his 
 indifference made him an easy antagonist, but no man ever 
 emerged from such a controversy without feeling that upon 
 every important point Col. Broadhead was fully prepared and 
 able to support his position with the clearest application of 
 established principle, coupled with every precedent which the 
 history of the law could supply. 
 
 It cannot be said that Col. Broadhead was versatile in 
 the law ; he had not in such marked degree as some other 
 great lawyers the faculty of special fitness in numerous 
 departments of the practice ; yet in no branch of the law, 
 however different from those which he specially preferred, did 
 he ever show unfitness. The intellectual superiority which 
 made him great in some, negatived the possibility of weakness 
 in any. His preference and the trend of his mental activity 
 was in the direction of the more profound legal questions 
 such as constitutional law. His familiarity with the history 
 of jurisprudence and the philosophy which underlies and 
 permeates that greatest of all sciences, specially qualified 
 him for the solution of those broader questions involved 
 in the construction of the written charters of the States 
 and the nation. In the famous case of the late corporation of 
 the Church of Jesus Christ of Latter Day Saints, these qualities 
 appeared in special prominence. In this case he held a brief 
 for the Mormon Church, which was contending against the 
 attempt of the United States to invade the property rights of 
 a religious corporation by escheating its lands to the govern- 
 ment. His argument in this case rises to heights rarely 
 equalled in the profession and stamps him as a constitutional
 
 lawyer of surpassing ability. An incident which ocurred in 
 the argument of that case before the Supreme Court of the 
 United States illustrates both the power of his argument and 
 the esteem in which he was held by that tribunal. In the 
 course of the argument this colloquy occuired : The Court : 
 ' ' Conceding that that part of the statute is valid which 
 declares this corporation called ' The Church of Latter Day 
 Saints' is dissolved, what do you say becomes of it?" Mr. 
 Broadhead : ' ' That is the question I am undertaking to 
 discuss." The Court: "You are stating these leading 
 authorities. I would like to know what your view is ; where 
 you are coming to ? What do you say ? ' ' 
 
 We believe there can be no highei encomium given to a 
 member of our profession than that the highest court of the 
 land, in a case involving so great a question, should place itself 
 upon record as desiring, in addition to leading authorities, the 
 individual opinion of counsel on the vital issue of the case. 
 
 In the famous ' ' Express ' ' cases the question involved was 
 one as to the obligation of common carriers. The issues were 
 most important and far reaching in their scope ; the controversy 
 bitter. Amongst his opponents were such men as Senator 
 Edmunds, Mr. Seward and Ex -Justice Campbell, but in the 
 final hearing before the Supreme Court of the United States, 
 which was concluded by Col. Broadhead in an argument of 
 nearly two days' duration, he exhibited a grasp of the issues, 
 a convincing power which carried the day and added another 
 to his long list of forensic successes. It was his own opinion 
 and that of many others that, considering the commanding 
 ability of his adversaries, and the fact that several members of 
 the court had on the circuit expressed views opposed to his 
 contention, his victory in this case was the greatest triumph of 
 his professional life.
 
 It is undoubtedly true that much of his professional 
 success was due to the fact that every tribunal before which 
 he appeared became immediately impressed with his perfect 
 candor and honesty. His face, his manner, his whole bearing 
 throughout the case carried a conviction of his single minded 
 purpose to present the issues with absolute fairness ; that he 
 came before the court with profound convictions and with the 
 intention of performing the most exalted function of the lawyer 
 by aiding the court in sifting out the very truth and justice of 
 the matter in dispute. 
 
 The public career of Col. Broadhead was characterized 
 throughout by the highest qualities of patriotic citizenship. 
 He came of a stock which had borne arms in defense of liberty 
 in the Revolutionary war, and in the war of 1812, and he 
 imbibed in his youth and early manhood the spirit which actu- 
 ated the fathers of the Republic. While too young to have 
 had any personal intercourse with Jefferson, he was reared 
 in a locality where the best qualities of that great man had 
 impressed themselves upon the thought and conduct of all 
 those with whom he came in contact. He grew to manhood 
 in an atmosphere created by eminent statesmen and permeated 
 by a love of country, a patriotic devotion to public duty, and a 
 full recognition of the obligation which rests upon the citizen 
 to give his services for the public good. His personal acquaint- 
 ance and relations with Mr. Madison served to foster still further 
 these virtues, and thus one of the most prominent characteristics 
 of his life was the unquestioned readiness with which he devoted 
 himself to the solution of every public question of magnitude, 
 and the intrepid courage with which he labored throughout 
 his whole life for the right, as he conceived it, at whatever cost 
 to himself. In the great national crisis of 1861 he was eminent 
 in his strenuous advocacy of the Union at any cost.
 
 His argument before the convention which met in this 
 city in 1861, in support of the right of the Federal Govern- 
 ment to call out the State militia for the purpose of suppress- 
 ing insurrection, was as able as it was courageous, and his 
 administration of the difficult and delicate duties of Provost 
 Marshal was marked by a fidelity to duty, and yet a kindliness 
 which signalized the patriotism of the citizen while it gave 
 earnest of the gentleness of his nature ; so that whilst perform- 
 ing a task under circumstances where harshness was almost a 
 necessity, he retained the affectionate regard of those against 
 whom he was obliged to enforce the severe penalties imposed 
 by the Federal Government. His services in the State Con- 
 vention which established the provisional government in 1861, 
 were notable. The situation was most difficult. The State 
 government was in confusion ; the people were divided in 
 sentiment and sympathy on the great question of the day ; 
 intense bitterness, partisan rancor and violence were uni- 
 versal. With a great patience, an unwearying tolerance of 
 the opinions of others, and with an eye single to the patriotic 
 purpose of preserving the Union, he labored in season and out 
 of season, giving unsparingly of his time, his talents and his 
 means till at length order succeeded anarchy and perfect 
 success rewarded his devotion. 
 
 The war being over he was one of those who believed that 
 amnesty was not a mere word ; he threw away the sword and 
 strove mightily to restore to his former adversaries the civil 
 rights and privileges of which partisan bitterness had deprived 
 them. 
 
 In the Forty-eighth Congress, as a member of the Judiciary 
 Committee, he gave to National Legislation the same able and 
 conscientious service which was the habit of his life. He 
 impressed himself upon his associates as a man devoid of any
 
 purpose save that only of an upright, zealous discharge of 
 duty. In great measure he contributed to the correct solution 
 of the weighty questions which came before that body. 
 
 In the Constitutional Conventions of 1845 and 1875 Col. 
 Broadhead's talents were of great value. As in the interpreta- 
 tion of organic law lay his greatest power, so in the creation 
 of those great charters his special ability shone forth. In the 
 grave questions which came before those conventions his voice 
 was ever for conservatism and the strictest application of the 
 great principles which underlie our form of government ; and 
 his arguments were replete with illustrations drawn from the 
 wise utterances of the founders of the nation when they passed 
 through that unknown and troubled sea which -lay between 
 them and the institution of our Republic. The spirit of fairness 
 which ever pervaded his mind and his devotion to the interests 
 of the State of his adoption, aided in great measure, if it did 
 not control, the limitations imposed by those instruments on 
 the aggressions of corporate interests against the rights of the 
 people, and the unwise and illiberal efforts of those who would 
 have impeded the progress of the State by enactments restricting 
 the rewards which are justly due to capital honestly invested. 
 His breadth of view, his full comprehension of the operation 
 of economic laws, his thorough understanding of the genius 
 of the people, their needs, their weakness and their strength, 
 his candor, his known integrity and his high professional 
 standing gave him a weight in these councils and a power 
 for good which have been of incalculable benefit to this 
 State. 
 
 His last appearance in political life was in the memorable 
 campaign of 1896. Though it pained him deeply to sever his 
 connection with his old political associates, he did not hesitate 
 to follow his convictions and identify himself with the National
 
 Democratic party, in whose convention at Indianapolis he was 
 one of the most prominent figures. Whilst some may not 
 agree with his conclusions, his disinterested advocacy of what 
 he believed to be right must challenge the admiration of all. 
 The personal characteristics of Col. Broadhead were such 
 as to merit special notice. There was in him a simplicity, 
 an utter absence of guile such as is rarely seen in one whose 
 life has been spent in legal and public controversies, and who 
 has been in touch with affairs so many and so varied. With a 
 noble disdain of the meannesses of life, he combined a tolerance 
 of the errors and weaknesses of others which made him a con- 
 stant target for the designing and an ever ready help to the 
 unfortunate. It seemed impossible for him to deny any 
 appeal from the distressed, irrespective of the merit of the 
 application. Indifferent to the glitter of wealth and the 
 allurements of power, he gave freely, too freely, indeed, of 
 his earnings, and died comparatively a poor man. Ostentation 
 was impossible to him, and his modest appreciation of his own 
 ability, his repugnance to asserting any claim for reward for 
 his own public services, were notable qualities of the man in a 
 day when the rule is so conspicuously otherwise. Though 
 undemonstrative in manner, any man who had ever known 
 him carried throughout life affectionate remembrances either 
 of some kindness done or some assurance, which needed no 
 spoken word, that no appeal to him would ever go unanswered. 
 His controversies engendered no rancor ; the elevation of his 
 character and his unquestioned sincerity carried assurance to 
 every opponent, however sharp the contest, that the man had 
 no quarrel save with wrong, that the battle was one of intellect 
 and wholly above the plane of personal animosity. He 
 accepted his defeats, which were few, with an equal mind, 
 and with the feeling that the tribunal which decided against
 
 him might have erred in judgment, but was incapable of wrong 
 doing ; and he bore his triumphs, which were many, without 
 undue elation and in such spirit of modesty and with such kindly 
 consideration as left no sting in the bosom of his adversary. 
 
 Col. Broadhead possessed a rare and discriminating taste 
 in literature and his mind was stored with the beauties of the 
 English classics. His legal arguments and public addresses 
 are full of evidences of this ; for whilst the chief merits of his 
 style are simplicity and perspicuousness, the irresistible elo- 
 quence of facts, yet it abounds with illustrations of a high 
 order of literary learning and skill. 
 
 It is impossible to sum up in a few words a character and 
 career such as this. If we say that his nature was at once 
 simple, sincere, dignified, noble and lovable ; that as a lawyer 
 he deservedly ranked as high as any at the bar of this State, 
 possessed of some qualities excelling any of his contemporaries, 
 and of a professional stature surpassed by few in the nation ; 
 that as a public man he was a polemic and a statesman of the 
 foremost order ; and that as a citizen he was one of the purest 
 patriots in our history, we should still fall short of complete- 
 ness ; for there was that about him which cannot be pictured 
 in words ; an indefinable personal quality which affected all 
 who knew him with unbounded confidence in his character 
 and capacity and united him to all with whom he came in 
 contact with ties of enduring affection and esteem. And to 
 this must be added that he was of a type, now unfortunately 
 too rare, which realizes the highest duty of our profession ; the 
 type which accepts and executes the trusts imposed upon the 
 lawyer by the requirements of civilization : that he shall 
 frame the organic law of the land, aid in its administration, 
 treasure the wise precedents of the past for guidance in the 
 future, evolve and shape the polity of the Republic, and give
 
 freely of his time and his skill to the conservation of her 
 institutions ; the type of Hamilton, Henry, Marshall ; the 
 men who laid the foundations of the commonwealth, and the 
 emulation of whose virtues will alone perpetuate her greatness! 
 
 HENRY T. KENT, Chairman. 
 JAMES L,. BLAIR, 
 JOHN W. NOBLE, 
 MELVIN L. GRAY, 
 FREDERICK W. L/EHMANN, 
 HERMAN A. HAEUSSLER, 
 TRUMAN A. POST, 
 JOHN H. OVERALL, 
 AMOS R. TAYLOR. 
 
 On motion of Mr. Hitchcock, the memorial as presented 
 was adopted by the bar. 
 
 On motion the chair appointed Hon. G. A. Finkelnburg 
 to present the memorial to the United States Circuit Court of 
 Appeals, the Hon. James Hageman to the United States Circuit 
 Court, Hon. Henry Hitchcock to the Supreme Court of Mis- 
 souri, Given Campbell to the Missouri Court of Appeals, and 
 Judge Chester H. Krum to the St. Louis Circuit Courts. 
 
 The meeting then adjourned. 
 
 \s
 
 PROCEEDINGS 
 
 OF 
 
 MEMORIAL MEETING IN PIKE COUNTY, 
 MISSOURI. 
 
 R COMMITTEE OF THE BAR and prominent citizens 
 of Pike County called a public meeting, to be held at 
 Bowling Green at the opening of the Circuit Court, on 
 Monday, November 28, 1898, to take appropriate action upon 
 the death of the Hon. James O. Broadhead. 
 
 The meeting was largely attended and it was said by old 
 residents that no such representative gathering had ever been 
 seen in the county. The deep feeling that pervaded the court 
 room and the moist eyes gave convincing evidence of how dear 
 the memory of Col. Broadhead was to the hearts of the people 
 of the county in which he began his professional and public 
 careers amongst whom he lived for so many years. 
 
 The Hon. David A. Ball called the meeting to order, and 
 nominated Hon. T. J. C. Fagg for chairman. In addition to 
 the proceedings printed below, Ex-Governor R. A. Campbell 
 and Colonel Rufus E. Anderson, made feeling and eloquent 
 addresses which have not been furnished the committee and 
 unfortunately do not appear. 
 
 In assuming the chair, Judge Fagg spoke as follows :
 
 JUDGE FAGG'S ADDRESS. 
 
 LADIES AND GENTLEMEN : 
 
 It will not be deemed out of place, I hope, for me to give 
 from personal recollection some of the incidents connected with 
 the life of Col. Broadhead, while he was a citizen of Pike 
 County. 
 
 He was born and reared on a farm near Charlottesville, 
 Albemarle County, in the State of Virginia. His birthplace 
 was in that beautiful Piedmont country that is overlooked by 
 Monticello, the famous mountain home of Thomas Jefferson. 
 The sunlight of Heaven has never fallen upon a spot more 
 favored in soil, climate and population than this. 
 
 From the front door of Mr. Jefferson's mansion there is an 
 uninterrupted view almost to the shore of the Atlantic ocean. 
 A short distance to the westward is the imposing chain of 
 mountains called the Blue Ridge. Highly cultivated farms 
 and stately mansions are scattered over the broad plateau at its 
 base, and the University of Virginia, founded by Mr. Jefferson, 
 and the "child of his love," stands in full view near the town 
 of Charlottesville. 
 
 For the period of time extending back almost to colonial 
 days, the region covered by this view has boasted of a popula- 
 tion celebrated for intellectual culture and refinement and for 
 homes in which the warmest and most cordial hospitality have 
 always been dispensed. Such were the surroundings and 
 associations of my friend's boyhood days. 
 
 I came to this county in 1836, but he did not reach the 
 State for three or four years afterwards. Close neighbors as 
 we had been in the State of Virginia, however, I never saw him 
 until we met in the town of Bowling Green, in September of 
 1843. I was then just beginning the study of law, while he 
 
 jo
 
 for little more than a year had been a resident of the town, 
 his time being devoted chiefly to waiting and watching for 
 business. 
 
 The practice of law was rather a small affair in those days. 
 There were no corporations to sue for damages, divorces were 
 very rare, and the chief business of the courts consisted in 
 actions for the collections of debts, supplemented by a few suits 
 in ejectment. The young lawyer who was not thoroughly 
 educated in his profession or who was unskilled in the art of 
 pleading, was at a great disadvantage in the trial of causes 
 in court. 
 
 The old forms of assumpsit, replevin, detinue, trover and 
 case were strictly adhered to, and woe to the novice who should 
 go into court simply to find that his proof would not meet his 
 allegations. With a good cause and the law and justice clearly 
 on his side he might nevertheless be thrown out of court on a 
 mere technicality. No man was better armed and equipped to 
 meet these difficulties than my friend, Col. Broadhead. 
 
 He had been thoroughly educated and trained in. classic 
 schools and the University of Virginia. He had the sage 
 counsel of and advice of such lawyers as Edward Bates, and he 
 became a candidate for practice with the most emphatic endorse- 
 ment as to his learning and ability, by the most eminent 
 members of the Bar in the State. These advantages gave him 
 a good start in professional life and he rapidly secured a prac- 
 tice that his ability and learning enabled him to retain during 
 his stay in the county. 
 
 Very early in his career he met the same temptation that has 
 lured so many men from the straight line of professional duties 
 into the vexatious uncertainties and hazards of political life. 
 
 In 1845 he and the Hon. Ezra Hunt, then Judge of the 
 Third Judicial Circuit of Missouri, were elected as delegates to
 
 the Constitutional Convention of that year, from the counties 
 of Rails and Pike. This was not exactly a political office, and 
 yet by a sort of tacit understanding between the great political 
 parties Whig and Democratic Judge Hunt was recognized 
 as the Democratic candidate and Broadhead the Whig candidate. 
 The work of that convention was not approved by the people, 
 and yet it had eminated from the best and ablest men in the 
 State. My friend Broadhead had met for the first time the 
 best lawyers and most distinguished politicians of the State. 
 He and I were partners at that time in the practice of law, and 
 I shall never forget the impression that was made upon him by 
 his contact with these men. To him the routine of professional 
 life became dull and unattractive. The field of politics was 
 broader and more inviting and the opportunities for distinction 
 greater in number. 
 
 In the spring of 1846 he moved from Bowling Green to 
 Louisiana and opened a law office in that town. Soon after- 
 wards he became the candidate of the Whig party for a seat 
 in the lower branch of the Legislature ; Pike Count}' being then 
 entitled only to one member. His Democratic opponent was 
 Nicholas P. Minor, who was also a native of Albermarle 
 County, Virginia, his birthplace being just outside the limits 
 of the town of Charlottesville. 
 
 After a most spirited contest Broadhead was elected by a 
 majority of sixty votes. Up to the year 1840 party lines had 
 not been so strictly drawn as they were afterwards. There 
 had been a very large independent element in the country, 
 chiefly among a class designated as ' ' old settlers. ' ' In those 
 days the fate of many a candidate depended upon the length of 
 time he had resided in the county. But this was a new era in 
 politics. In the ten years preceding, the country had rapidly 
 increased in population and the dominion of the ' 'old settler' ' 
 
 23
 
 was passing away. The "new comer" and the young man 
 began to realize that they had some chance for political prefer- 
 ment. I shall never forget that contest. Minor was my personal 
 as well as political friend, and up to the time of his removal to 
 Louisiana, Broadhead was my partner, as well as a very warm 
 personal friend. The race was spirited and \vell contested from 
 beginning to end. Col. Broadhead served his term in the 
 Legislature with great credit to himself, and at the end of two 
 years determined to devote himself exclusively to the duties of 
 his profession. Up to the time of his removal in 1859 to the 
 City of St. Louis, he was a permanent resident of the town of 
 Bowling Green. 
 
 The result of the war with Mexico, which was concluded 
 by a treaty in May, 1848, gave us an immense addition of 
 territory extending from the western boundaries of Texas and 
 Arkansas to the Pacific ocean. 
 
 The year 1850 witnessed the commencement in earnest 
 of the fiercest and most bitter political excitement the country 
 had ever known up to that time. I do not propose to discuss 
 any of the questions connected with that period farther than 
 to say that they naturally grew out of this large acquisition 
 of territory, and the immense amount of immigration that 
 was pouring into the whole territory from the Missouri river 
 to the Pacific ocean. 
 
 It was a time that moved and agitated the whole country 
 to the profoundest depths. The war with Mexico, the immense 
 addition of territory to the public domain , the discovery of gold 
 in California, and the rapid influx of population to that broad 
 extent of territory, had excited the attention and interest of 
 the people in every part of the United States. A time had 
 been reached when all men were politicians and no man could 
 remain indifferent to the results.
 
 Broadhead was again a candidate for a political office. 
 This time he was a candidate for the State Senate, the district 
 being composed of the counties of Rails and Pike. His oppo- 
 nent was Capt. Wm. O. Loffland, who during the Mexican war 
 had commanded a company raised partly in his own county of 
 Rails and partly in Pike. His war record and military fame, 
 however, could not save him from defeat. Broadhead was 
 elected after a bitter and hard-fought canvass, and served out 
 his term of four years with great credit and ability. I know 
 whereof I speak in characterizing this contest as a bitter one. 
 I was in it myself, giving and taking blows as best I could. 
 I mention this simply for the purpose of saying that I had the 
 best opportunity that could have been afforded me to test fully 
 the mental and moral worth of the man whose life and public 
 services we commemorate to-day. 
 
 In the formation of his political opinions he was not the 
 mere blind follower of any leader. He followed the leading 
 of his own conscientious convictions, and had decision of char- 
 acter and moral courage sufficient to differ with his own party 
 whenever he believed it was in the wrong. Such a mind as his 
 can never be enslaved. As a speaker he was always forcible 
 and convincing. There were men who excelled him in the 
 graces of elocution, and who had greater force as advocates at 
 the bar and in the political arena, but few equaled him in his 
 persuasive power of reasoning. 
 
 There was a coincidence connected with the canvass of 
 1850 I cannot refrain from alluding to. Peter Carr and myself 
 were opposing candidates for the Lower House, Broadhead for 
 the Senate, and N. P. Minor was doing most of the political 
 work for the only Democratic newspaper of the county, and 
 all were from the town of Charlottesville, Va., or its immedi- 
 ate vicinity. We had all been reared and educated under the
 
 shadow of Monticello, and yet were not in accord upon the 
 political questions that were then being discussed with so much 
 bitterness of feeling. 
 
 In 1854 he was again a candidate for a seat in the lower 
 branch of the Legislature. Pike was then entitled to two 
 members, as it had been from 1850. Broadhead was the only 
 Whig candidate and was easily defeated by a system of swap- 
 ping familiar to all political managers. H. C. Murry and Dr. 
 W. W. Freeman, of Spencersburgh, were the successful can- 
 didates. The latter for some unexplained reason resigned 
 during the fall, and I was elected at a special election held in 
 the month of December following to fill the vacancy. 
 
 I mention this fact solely for the purpose of making another 
 statement. At the Senatorial election by the Legislature held 
 in the winter 1854-55, I had the pleasure and great satisfaction 
 of casting my vote for James O. Broadhead for a seat in the 
 United States Senate. 
 
 I have never entertained a solitary feeling of regret for 
 that act. We had been on terms of the closest intimacy from 
 the time of our first acquaintance. We had fought side by side 
 in one of the bitterest political contests that had ever taken 
 place in the county of Pike. We were in full accord in our 
 views upon the great issues that divided the political parties of 
 the day. But above all and beyond all he was a man eminently 
 fitted for the position by reason of his intellectual ability and 
 moral worth. He would have been a fit successor to Missouri's 
 great Senator, Thomas H. Benton. 
 
 For some years before he left the county, Col. Broadhead 
 practiced law in partnership with Judge Ezra Hunt, but he 
 never mingled in political strife after the canvass of 1854. In 
 the seventeen years of his residence in this county, he was an 
 active participant in all the great legal battles that were fought
 
 in the courts of justice. His prominence as an advocate in the 
 jury trials of the day was not as marked as some others, but 
 for learning and ability he was the peer of any man in the old 
 Third Judicial Circuit. 
 
 There was a reserve power in his nature that could only 
 be brought out fully when he was called upon to grapple with 
 the most difficult questions of law and fact. 
 
 Who can tell the power of such a man for good in the 
 community in which he lived ? Who can tell the extent of his 
 influence in shaping the opinions of men upon the great ques- 
 tions of constitutional law and public policy that agitated the 
 country during the period of his professional life ? These are 
 questions that cannot be answered. Their full solution can 
 only appear in the final revelation of all things. But the 
 impress of Colonel Broadhead's character was as marked and 
 as potent for good in social as well as in his professional and 
 public life. Uncontaminated by the vices and immoralities of 
 the times in which he lived, with a well cultivated mind and a 
 kind and affable nature, no man held a higher position in the 
 social circle than he. I go back in memory to those days and 
 their associations with a personal pleasure and satisfaction that 
 no other recollections in life can bring to me. I was myself 
 an unimportant member of that circle and have a personal 
 knowledge of what I say. 
 
 On the 13th day of May, 1847, he was united in marriage 
 to Miss Mary S. Dorsey, daughter of Col. Edward W. Dorsey, 
 who resided some six or eight miles southeast of Bowling 
 Green. 
 
 Mrs. Broadhead was a sister of Mrs. Porter, wife of Judge 
 Gilchrist Porter, the man with whom I studied law and at 
 whose house I lived for some time during my stay in that 
 town. But that circle has long since been broken and its links
 
 scattered by the hand of death. One by one they have gone 
 to the undisturbed slumber of the grave. One by one their 
 places have been filled by others, and in a very brief space of 
 time we shall all pass away and be forgotten. It would be 
 impossible to tell you how lonely and desolate I feel to-day in 
 calling up the memories of the last fifty years or more. 
 
 I can never forget the names and faces of the men who in 
 those days were habitually grouped about the bench and bar of 
 the Pike Circuit Court. There was Wm. M. Campbell, of St. 
 Charles County, Carty Wells, William Porter and George W. 
 Houston, of Lincoln County, Alfred W. Lamb, of Rails 
 County, Thomas J. Anderson, Uriel Wright, Samuel T. 
 Glover and John D. S. Dryden. of Marion County, and Gil- 
 christ Porter, Aylette H. Buckner, James O. Broadhead, 
 George W. Buckner, John B. Henderson and Nicholas P. 
 Minor of Pike. General Henderson and myself are the only 
 survivors of this long list of men who were actively engaged in 
 the business of the courts in those days. He has long since 
 left the State, and I stand here, solitary and alone, with these 
 memories crowding themselves upon me and realizing the fact 
 that my life will soon be a thing of the past. Very few of its 
 hopes and dreams have been realized and even the memory of 
 its small achievements will soon be blotted out. I realize now 
 as never before, the truth of all that has ever been said about 
 the insignificance and vanity of human life. 
 
 "What shadows we are, what shadows we pursue."
 
 RESOLUTIONS 
 BY JUDGE DAVID L. CALDWELL. 
 
 The following resolutions were offered by Judge David L. 
 Caldwell and were unanimously adopted : 
 
 First. That the death of Col. Broadhead is a source of 
 grief and the most profound regret to all the people of the 
 county. 
 
 Second. That we are proud of the fact that for so many 
 years he was a citizen of the county, that he was a distin- 
 guished member of the bar and for a large portion of time, the 
 faithful public servant and representative of our people in the 
 State Legislature. 
 
 Third. That we not only recognize the fact that he was 
 a lawyer of eminent ability, and distinguished in legislative 
 councils of the State and nation, but that everywhere and 
 under all circumstances he was an honest man and a courteous 
 gentleman. 
 
 Fourth. That the death of such a man is a loss to the 
 nation, as well as to the State and community in \vhich he 
 lived and labored for so many years. 
 
 Fifth. That we tender to Mrs. Broadhead and to each 
 member of the family our sympathies as well as assurances 
 of the most profound respect and good wishes. 
 
 Sixth. That a copy of the foregoing preamble and resolu- 
 tions be forwarded to Mrs. Broadhead by the secretary, and that 
 they be published by the various newspapers in the county. 
 
 The chair then introduced Henry T. Kent, Esq., of 
 St. Louis, who had been invited to deliver the formal address 
 of the occasion.
 
 ADDRESS OF HENRY T. KENT, ESQ.. OF THE 
 ST. LOUIS BAR. 
 
 MR. CHAIRMAN, LADIES AND GENTLEMEN : 
 
 It was a perfect summer afternoon on the 9th of August 
 last, as a group of sorrowing friends in Bellefontaine Cemetery 
 stood around a new-made grave. It was hid from view by 
 floral tributes, the evidence of love and affection for the dead, 
 the most marked being a broken column upon the base of which 
 was woven in blue immortelles the words " Pike County's 
 Noblest Son." 
 
 l*o do honor to that son, to testify to your admiration and 
 friendship for him and to perpetuate his virtues, is the purpose 
 of this meeting. And how appropriate the time and place. 
 The learned Judge of the Circuit is here to open the term of 
 the court, whose record shows his license to practice law, the 
 members of the bar have assembled as in other years, when he 
 was with you. It was at this place he began his professional 
 career. It was from the people of this county he received his 
 first commission to the public service. Fond of sports, with 
 rod and gun in hand, he has pressed nearly every foot of your 
 soil, he knew the windings of your streams, the shade of your 
 woodlands, the richness of your valleys, and the unrivalled 
 views from your hill tops. George Eliot tells us that ' 'A human 
 life should be well rooted in some spot of a native land where 
 it may get the love of tender kinship for the face of the earth, 
 for the sounds and accents that haunt it, a spot where the 
 definiteness of early memories may be inwrought with affection 
 and spread not by sentimental effort but as a sweet habit of 
 the blest." To him this was such a spot, for through all the 
 wanderings of his years, sometimes in distant lands "his 
 untraveled heart " still turned to you. The days he could steal
 
 away from his busy life, he often spent here looking over scenes 
 once so familiar and visiting your hospitable homes ever open 
 to bid him welcome. Surely I cannot be insensible to the 
 honor, which I gratefully acknowledge, of the invitation to 
 pronounce upon an occasion so memorable, a eulogy upon his 
 life and public services. 
 
 James Overton Broadhead was born on the 29th of May, 
 1819, at Charlottes ville, Albemarle County, Virginia. His 
 father was Achilles Broadhead, of English stock, a captain in 
 the war of 1812 and the County Surveyor for many years. The 
 maiden name of his mother was Mary Winston Carr, whose 
 ancestors had emigrated from Scotland and became possessed 
 of large landed estates in Virginia. The brother of his mater- 
 nal grandfather, was Dabney Carr. who married Mr. Jefferson's 
 sister Martha, and who was his intimate friend and boon com- 
 panion. His maternal grandmother was first cousin of Patrick 
 Henry. Thus it will be seen that he sprang from a strong and 
 sturdy race of people. He was fortunate as well in the place of 
 his birth and his early surroundings. He was born at a time 
 when many of those who founded the Republic were still living, 
 and in a community where a number of them resided. I have 
 not gone into history to see who they were or what position they 
 held, but I prefer rather to call the roll of these illustrious men 
 almost in the very order and words which I once heard him. 
 First and foremost was Thomas Jefferson, who looked down 
 from the heights of Monticello upon the village home of the 
 Broadheads, by which he almost daily rode on his way to 
 supervise the building of the University, the absorbing object 
 of his declining years. Next was Mr. Madison, the ' ' father 
 of the Constitution," whom he said he had often met and 
 talked with. Another familiar figure in the village streets was 
 Mr. Monroe, and a few miles distant was the birthplace and
 
 early home of George Rogers Clarke, the conqueror of the 
 Northwest. In the southern portion of the county lived 
 Andrew Stevenson, Speaker of the House of Representatives 
 and Minister to England, whilst in the northern portion was the 
 home of the gifted William C. Rives, an eminent figure in the 
 United States Senate when that body was filled with giants, and 
 afterwards the accomplished diplomat, as Minister to France. 
 
 It was not unusual to see these men talking together in 
 small groups or with their neighbors. I have somewhere read 
 of a number of farmers waiting at the old mill at Shadwell for 
 their meal. As they were conversing together they noticed, 
 walking leisurely down the road from Monticello, four gentle- 
 men. As they approached they recognized Mr. Jefferson. 
 They at once spoke to him and he in turn introduced them to 
 his friends, Mr. Madison, Mr. Monroe and Gen. Lafayette. 
 There were others living in the county whose reputations were 
 more limited, but who were full of love and zeal for their 
 country, and in different capacities had performed signal pub- 
 lic services. It was doubtless true that the community where 
 these eminent men lived had been permeated by the influence 
 of their lives, that the theme of conversations on the street 
 corners, at the cross-roads, as well as at every meeting place, 
 turned upon the Republic, then in its experimental stage 
 upon our institutions, their peculiar nature, the guarantees of 
 the Constitution and its interpretation, the strength and weak- 
 ness of popular government and kindred topics. And if among 
 the plain country folk there was doubt as to the meaning they 
 appealed to a living witness to interpret. In the heart of 
 these men was a patriotism that consecrated them to loyal 
 and unselfish devotion to the country's cause and service. 
 
 One can well imagine, in view of his after life, that the 
 young Broadhead was an eager listener to these discussions, if
 
 not an active participant therein. He was fortunate in these 
 formative influences for, without doubt, they impressed them- 
 selves deeply upon his life, as seen in the rich fruit of after years. 
 His maternal uncle, Dr. Frank Carr, a very highly cultivated 
 and educated gentleman, taught him in his classical school at 
 Red Hills, and from him he received a very thorough instruc- 
 tion in English and the classics. In 1835, at the age of sixteen, 
 he entered the University of Virginia, where he remained a 
 year, supporting himself whilst there by his work as tutor. 
 Though unable to remain longer, by diligent study and avail- 
 ing himself of every opportunity for knowledge, by his associa- 
 tion with the eminent professors, most of whom had been 
 brought by Mr. Jefferson from Europe, he reaped great advan- 
 tages during this time. He ever maintained an ardent love for 
 the University, which he manifested in practical ways and was 
 at his death, and had been for many years, the president of 
 the Alumni Association in this State. 
 
 In 1836 his father removed his family to St. Charles 
 Count}*, where he established himself upon a farm. The next 
 year his son James followed. In the same neighborhood lived 
 the Hon. Edward Bates, who engaged him as tutor for his 
 children. This was another fortunate turn in his life. He not 
 only taught the children of Mr. Bates and thus enjoyed the 
 refining and intellectual influences of such a home, but he also 
 became his pupil as a student of law. His views on constitu- 
 tional questions, as well as his political opinions were no doubt 
 greatly influenced by Mr. Bates, and the deep attachment then 
 formed for him was only severed by death. 
 
 In 1842 he removed to Bowling Green and was licensed 
 to practice by the late Judge Ezra Hunt. The bar of the Third 
 Judicial Circuit, as it was then known, was an eminent one. It 
 embraced such names as Uriel Wright, Thomas J. Anderson, 
 
 83
 
 Samuel T. Glover and Col. Richmond, of Marion, Hon. Edward 
 Bates, William M. Campbell and Gen. John O. Coulter, of St. 
 Charles, and Judge Carty Wells, of Lincoln. 
 
 Without doubt he at omce took high rank at the bar, dis- 
 playing unusual ability and winning the confidence of the peo- 
 ple. Three years later, though only twenty-six years of age, he 
 was elected by the people of this county a member of the Consti- 
 tutional Convention of 1845. In entering politics he allied 
 himself with the Whig party, and in 1847 was elected a repre- 
 sentative from this county to the Legislature. In 1850 he was 
 chosen a member of the State Senate from this district. The 
 canvass for these positions was sometimes conducted with much 
 warmth, and in the debates which ensued he displayed such 
 marked ability as to greatly add to his fame and strengthen his 
 hold upon the people. 
 
 It was while a member of the State Senate that the mem- 
 orable struggle arose which resulted in the defeat of Senator 
 Ben ton, after thirty years of continuous service, and the elec- 
 tion of the Whig candidate, Mr. Geyer, whose cause Col. 
 Broadhead ably championed. 
 
 In 1847 he married Miss Dorsey, a daughter of the late 
 Col. Dorsey, of this county. Again good fortune attended 
 him, and whilst good taste forbids an intrusion into the sanc- 
 tity of home, it may be said that this alliance brought great 
 happiness the strength of character of his wife, her love and 
 devotion and those of his children (for they were a family 
 warmly knit together), were a constant source of support in 
 the active and stormy life he led. His home was the seat and 
 center of bounteous but unostentatious hospitality. 
 
 Though his success at the bar in this county was great, 
 and was year by year growing, he felt that a city afforded 
 larger opportunities, and so in 1859 he removed to St. Louis.
 
 Soon afterward he formed a partnership with Mr. Fidelio 
 C. Sharp, which was terminated by the latter 's death in 1875. 
 No law firm in Missouri was better known. During the period 
 of this partnership there was hardly any litigation of impor- 
 tance in St. Louis that Sharp & Broadhead were not on one 
 side or the other. The vast litigation growing out of the war, 
 intricate commercial and corporate questions, those effecting 
 the extension of the railway systems of the State, and the fore- 
 closure and reorganization of same, in a word every phase of 
 law with which an eminent lawyer is called to deal, were 
 involved in the numberless cases he argued before the Federal 
 and State Courts. It is not within the scope of this address to 
 enumerate even the leading cases with which he was connected. 
 His name is found in the Supreme Court reports not long after 
 he began to practice. From that time forward it would be 
 difficult to find a volume in which his name in some case of 
 importance did not appear. In the case of the City of St. 
 Louis against the Gas Light Co. , involving intricate questions 
 of law as well as vast moneyed interests, and which attracted 
 the attention of the bar of the State, he was retained by the 
 company to argue it before the Supreme Court. A distin- 
 guished member of the bench pronounced it the ablest argument 
 he had heard during his term. 
 
 In 1876 he was the special counsel for the government in 
 the celebrated " Whisky Ring " cases which excited the atten- 
 tion of the whole country, owing especially to the magnitude 
 of the conspiracy and the eminence of the men on trial. His 
 addresses to the jury were models of clear, concise and logical 
 massing of the facts. 
 
 In talking with him a few years ago about the leading 
 causes with which he had been connected, he said to me that 
 he considered that his greatest professional triumph was in the
 
 decision of the Supreme Court of the United States in the case 
 of the Express Companies against the Railroad Companies. It 
 had been decided in the court below that an express company 
 in the absence of any contract with a railway company had the 
 right to require of such company a special car or cars for its 
 express matter, to furnish a place for an express messenger 
 and to furnish accommodations at the different stations for the 
 express company, the compensation to be determined by the 
 court without any agreement between the parties. In a word, 
 was the railway a common carrier of a common carrier? Three 
 of the Justices on the Circuit had decided in favor of the express 
 companies and opposed to him were such eminent counsel as 
 Senator Edmunds, Mr. Seward, of New York and Ex-Judge 
 John A. Campbell, of New Orleans. Upon him fell the responsi- 
 bility of closing the case in a speech which lasted over two 
 days. Those who heard him pronounced his speech as masterly, 
 taking first rank among the great arguments that have been 
 made before that high tribunal. The result was a reversal of 
 the decision of the lower court. One of the most interesting 
 cases in which he was engaged and which showed his powers 
 to the best advantage was what is popularly known as the 
 Mormon Church case, by which he claimed that the act of Con- 
 gress March 3, 1887, decreed a dissolution of the corporation 
 by virtually confiscating its property to the United States with- 
 out any default on the part of the corporation or any judicial 
 judgment of ouster or dissolution. He arraigned with much 
 power the act as nothing more nor less than judicial legislation 
 and an unwarranted exercise of arbitrary power. Legislatures 
 and the customs of communities might change certain laws to 
 meet public exigencies but, said he, "There is a law that does 
 not change ; the law of the land which recognizes the doctrine 
 that no person shall be deprived of life, liberty or property
 
 without due process of law. That is unchangeable and eternal. 
 It qualifies the authority of legislators, it limits the jurisdiction 
 of courts ; it stands as a sentinel to guard against the approach 
 of arbitrary power over individual liberty everywhere through- 
 out this land. Whencesoever it came, whether from the barons 
 of Runymede or from the forests of Germany, or from the 
 teachings of Greek philosophers of an early age, it has found 
 its way here and in this country it has become the foundation 
 stone of our political fabric. ' ' 
 
 To one who met him in consultation or saw him about the 
 court room he seemed at first sluggish and indifferent to what 
 was going on. But as soon as the facts of the case were stated 
 he was remarkably quick to announce what the law thereon 
 was. So well versed was he upon the underlying principles 
 that it was a rare occurrence if, whenever he announced a pro- 
 position of law, adjudicated cases could not be found to sustain 
 him. A leading member of the bar who was often pitted 
 against him said he could never surprise or confuse him on the 
 law for he was always ready ; the only hope was, by diligent 
 preparation to get ahead of him on the facts. He believed with 
 L,ord Coke that ' ' Reason is the life of the law, ' ' and in his argu- 
 ments he rarely contented himself by stating what certain cases 
 had decided, but he gave the reason therefor and the principle 
 underlying them. What we call the technicalities of the law 
 were distasteful to him. He had a direct mind which went 
 straight to the core and heart of the case. He never appeared 
 so well in the court room as when fully aroused by the heat of 
 the contest. It was then he was most resourceful, his faculties 
 were brought into full play and he dealt the sledge hammer 
 blows that made him such a tower of strength at the bar. 
 Nature had been lavish in endowing him with high intellectual 
 powers, but that which seemed to give him extraordinary force
 
 as a lawyer was his exalted sense of justice. The court room 
 was something sacred to him, the place where life, liberty and 
 property were dealt with. He believed with Sir James Mack- 
 intosh that, "Justice is the permanent interest of all men and 
 all commonwealths." And with Mr. Webster that, "Justice is 
 the great interest of man on earth It is the ligament that 
 holds civilized beings and civilized nations together,'' and, like 
 him, worshipping at its temple, he steadily "contributed to 
 raise its august dome still higher in the skies." 
 
 He knew that the blessings of justice amongst the people 
 could only be realized through the courts. Hence to him any 
 undermining of the judicial system, either by partisan attacks, 
 exacting decrees to suit popular clamor, or by timid or corrupt 
 judges yielding to base influences, was weakening popular 
 government by withdrawing one of its greatest bulwarks. He 
 believed with Marshall that, "The greatest scourge an angry 
 Heaven could inflict upon a sinful people was a corrupt and 
 dependent Judiciary." No matter what case he was called 
 into, what branch of the law it involved, those who stood 
 opposed to him recognized the fact that they had a formidable 
 antagonist to cope with. But the bent of his mind and without 
 doubt his greatest strength lay along the line of constitutional 
 law. He was a profound student of English institutions, and 
 had traced step by step the growth and development of consti- 
 tutional principles. He knew that when the first English 
 colony lauded in 1607 at Jamestown, the seed of the freedom 
 of the individual as a matter of right and not of privilege had 
 been sown on this continent. He saw this seed take root and 
 grow with marvelous rapidity, receiving fresh impetus from 
 the revolution, until finally it was crystalized in organic law, 
 securing to us forever the blessings of civil and religious 
 liberty, the royal lions that guard the monument of our national
 
 glory. So it was, that when he came to interpret constitutions 
 he read them not alone by the letter but the spirit as well, for 
 he knew the origin thereof and how these lines could be traced 
 through the growth of centuries and through suffering and 
 bloodshed. Col. Broadhead had been a great student of the 
 Constitution and the interpretations placed upon it by the 
 courts. He was an ardent admirer of Chief Justice Marshall. 
 He believed that it was true as said of him that he found the 
 Constitution " inanimate and inarticulate and gave it light and 
 life and a voice of sovereign command." He had at finger's 
 end all of that eminent Jurist's great opinions, such as Marbury 
 vs. Madison, McCullough vs. Maryland/ Ogden vs. Gibbons, 
 the Dartmouth College case, Fletcher vs. Peck, Sturges vs. 
 Crowninshield, Cohen vs. Virginia, and others. These were 
 the landmarks by which he steered. That the Federal Govern- 
 ment was one of enumerated powers and could only exercise 
 the powers granted was with him axiomatic. As to the extent 
 of the powers granted it has been and will continue to be a 
 source of debate. The rule laid down by the great Chief 
 Justice was, " Let the end be legitimate ; let it be within the 
 scope of the Constitution and all means which are appropriate, 
 which are plainly adapted to that end, which are not prohibited 
 but consist with the letter and spirit of the Constitution, are 
 constitutional." By this cannon of construction he tested 
 every questionable act of the Federal Government. He was 
 not a latitudinarian in construction. But he saw in the Federal 
 Government, to the extent of powers delegated to it, all the 
 attributes of sovereignty : a legislature to enact laws, a judi- 
 ciar)' to interpret and an executive to enforce them, and all 
 laws so enacted were "the supreme law of the land." He 
 knew it would be a weak government that could not enforce its 
 own laws and it would be incompatible with the very idea of 
 sovereignty to rely upon a different hand for that end.
 
 In 1878 he was elected the first president of the American 
 Bar Association, which was organized at Saratoga. This honor 
 he highly appreciated as an evidence of his standing with his 
 professional brethern ; for it may be said, without detracting 
 from others, that no lawyer in Missouri enjoyed such a 
 national reputation. 
 
 He did not believe that the duties of a lawyer began and 
 ended with the court room or the consultation chamber. He 
 looked upon the profession of the law as an order of govern- 
 ment and he who lived up to its full measure had a public 
 service to perform whether in or out of office. This high sense 
 of public service was perhaps early quickened in him by the 
 inspiration of the brilliant galaxy of names in his native State, 
 some of whom he had seen, who, whilst founding States, 
 embodying in statutes and constitutions the principles of 
 liberty, protected by law, were the great leaders of the bar. 
 When called upon to advise or counsel, or even aggressively 
 participate in public matters, he never said : "I am too busy 
 with private affairs, I am making too much money to give my 
 services for the public good. ' ' To him such an answer would 
 have been ignoble and unworthy. His professional and public 
 life were so closely interwoven that it is a difficult task to 
 speak of one without discussing the other. 
 
 PUBLIC LIFE. 
 
 In an analysis of his public life I am sure this audience will 
 welcome candid speech. The positions he assumed on many 
 of the momentous issues and questions he dealt with, differed 
 sometimes radically from those you maintained. Nevertheless, 
 I should be unworthy of him or of this occasion did I not speak 
 forth with frankness, endeavoring to state, as I shall with fair- 
 ness, the reasons and motives that actuated him.
 
 Over the portal of the main building of his Alma Mater 
 is inscribed her motto: "And you shall know the truth, and 
 the truth shall make you free." This was the spirit of her 
 founder ; this was the spirit that animated Col. Broadhead in 
 the investigation of every question. He was not afraid to 
 search for truth, and far better still, when once found, he had 
 the moral and physical courage to plant himself thereon, little 
 caring what the results to him personally might be. 
 
 We find him in 1861, that period that tried men's souls, 
 neither dodging or sulking, but bravely meeting the issues of 
 the impending crisis. Events moved with rapidity ; States 
 were withdrawing from the Union, Federal authority was 
 defied and the war clouds were gathering. Confronted by 
 these conditions, the Legislature called a convention to con- 
 sider the relations existing between Missouri and the Federal 
 Government. Amongst the eminent men who composed its 
 membership Col. Broadhead stood in the front rank. His 
 views upon the powers of the general government were well 
 fixed. He re-enforced these convictions with an ardent love for 
 the Union, and with a firm determination so far as in him lay to 
 maintain it at all hazards. Looking back after more than three 
 decades have elapsed, with the prejudices of that stormy period 
 eliminated, I think he presented at that hour an heroic figure. 
 Knowing his love for his kith and kin, for the associations and 
 friends of his youth and manhood, and seeing most of them siding 
 with the South, it was no easy task to face their taunts, to hear 
 their words of disloyalty to the people amongst whom he had 
 been born and lived ( for what stronger ties than those of blood 
 and society), yet he would not have been the Broadhead we have 
 known, had he hesitated a moment to take the step whither 
 conviction and duty pointed the way. On March the 12th and 
 13th, 1861, he delivered before the convention a speech of great
 
 power and ability which, if time permitted, would be well 
 worthy of extended examination. It was on a resolution 
 offered by Mr. Moss, of Clay County : "And further believing 
 that the fate of Missouri depends upon the peaceable adjust- 
 ment of our present difficulties, she will never countenance or 
 aid a seceding State in making war on the general government, 
 nor will she furnish men and money for the purpose of aiding 
 the general government in any attempt to coerce a seceding 
 State." He discussed at length the nature of the general 
 government under the Constitution. He pointed out that the 
 general government had certain delegated powers, and that the 
 laws enacted in pursuance thereof were supreme. That to see 
 that such laws were enforced the general government could 
 use all the military force at its command, with full power to 
 call upon the militia of the States to suppress any insubordina- 
 tion of citizens defying such laws, or refusing to yield obedience 
 thereto. This doctrine, thirty-five years after, he maintained, 
 when the President used the military forces at Chicago to see 
 that the Federal laws affecting commerce between States and 
 the mails of the United States should not be defied, but 
 executed, whether on the soil of Illinois or any other State. 
 
 Passing from constitutional grounds he analyzed the prop- 
 erty interests of Missouri, showing the small percentage repre- 
 sented as slave property, and, upon economic reasons, the folly 
 of Missouri's attempt to sever her connection with the Union. 
 Upon those who saw bloodshed and death and devastation 
 ahead unless Missouri remained neutral he turned, and, with an 
 impassioned burst of eloquence full of meaning to one of his 
 courage, and not given to vain boasting, and exclaimed "Who 
 would not be willing to meet these calamities to preserve the 
 Union and Missouri in the Union and secure to ourselves and 
 our posterity such a destiny as most assuredly awaits us. 
 
 41
 
 That man who does not know when to die is not fit to live ; 
 and what better time to offer up our lives than in behalf of 
 such a cause?" 
 
 During this year, at the instance of his friend, the Hon. 
 Frank P. Blair, he was made a member of the Committee of 
 Public Safety, to whom was confided the guidance of all move- 
 ments in the interest of the Union and the resistance to all 
 attempts at the secession of the State. 
 
 Upon the work of this committee largely depended the 
 future of the State ; whether it was to remain in the Union or 
 withdraw therefrom. His death removed the last survivor of 
 the committee, his associates being Samuel T. Glover, O. D. 
 Filley, Frank P. Blair, J. J. Wetzig and John How. Again, in 
 November, 1861, at the earnest solicitation of his friend and 
 preceptor in the law, Hon. Edward Bates, then Attorney Gen- 
 eral in President Lincoln's cabinet, he accepted the position of 
 United States Attorney, but he found his time so engrossed 
 with other public duties he had assumed, which he considered 
 of greater importance to the government, that he resigned this 
 office in August, 1862. 
 
 In 1863 he was appointed Lieutenant-Colonel of the Third 
 Missouri Cavalry and was made Provost Marshal General of 
 the Military Department of Missouri. In many respects in no 
 position he ever held did his superb qualities show forth so 
 well as in this. His powers were almost absolute ; like the 
 centurion of old he could say, "to one come and he cometh 
 and to another go and he goeth." The people of the State 
 were rent in twain, families were divided, neighbors were at 
 war, men spoke in bated breath, not knowing their friends or 
 enemies. The malicious sought an opportunity for revenge ; 
 there were plots and counterplots and no man knew what hour 
 he might be dragged to prison, or shot down by some raiding 
 
 42
 
 guerrilla. Growing out of such conditions there came before 
 him the most delicate questions, for even human life oftentime 
 hung in the balance. Though clad in the uniform of a soldier, 
 he administered his office as one wearing the robes of a judge. 
 All his life he assailed the exercise of arbitrary power. He 
 once said it had no other basis than the answer of the brute 
 and barbarian, "I am stronger than thou. " He ignored the 
 maxim, "Inter arma leges silent." It was the testimony of 
 those associated with him in this work that, through the hours 
 of the day and often into the quiet of the nighttime he was 
 patiently passing upon papers and the proceedings of drum- 
 head court martials that often involved the life of a citizen, 
 with the care, patience and conscientious regard of an upright 
 judge. In the madness of the hour, though firm as a rock in 
 upholding the government, he was fair and just to his fellow- 
 citizens, the highest praise coming from those arrayed against 
 him. Some in similar positions had been merciless in their 
 action. It w r as not so with him. He supplanted tyranny with 
 justice, tempered power with moderation, and even amid the 
 fierce passions and strife of civil war, 
 
 " He bore the white flower of a stainless life." 
 
 But now the ' ' bugles sang truce ' ' and the war was over. 
 The victorious armies of the Union were marching home with 
 their proud banners unfurled and amid the loud acclaim of the 
 people. But to this State, so divided as it had been in the 
 struggle, there came the scattered fragment of another army, 
 feelingly described as "an army that marched home in defeat 
 and not in victory, in pathos and not in splendor, but in glory 
 unequaled and to hearts as loving as ever welcomed heroes 
 home." They were of kindred ties and associations with you. 
 They were "bone of your bone and flesh of your flesh," but 
 
 M
 
 they found themselves and all who sympathized with them 
 disfranchised, resting under pains and penalties and debarred 
 from exercising the rights of citizenship. More perplexing 
 problems rarely ever confronted a people. The hour called 
 for a high order of statesmanship, for superb courage, for hearts 
 rilled with magnanimity for the vanquished. Thanks be to 
 God, men arose in this State equal to the hour. Col. Broadhead 
 knew history well. He knew that a political party in complete 
 control of every department of the government that had carried 
 to a successful end such a war, with the prestige of preserving 
 the Union and maintaining the supremacy of the flag with all 
 it stands for, was destined to control the government for years 
 to come. Had selfish ambition, had greed for office controlled 
 him he could easily have seen that the way to high political 
 honors was through an adherence to the Republican party. 
 But in this as in every political act of .his life, he measured his 
 actions by the standard of what his convictions told him was 
 right, regardless of the consequences to himself. The air was 
 full of the words "traitor" and "rebel," the prejudices were 
 something which after the lapse of nearly forty years, we can 
 little appreciate ; but it was not in his great heart to harbor hate 
 and ill-will born of civil war, for with him, these like the froth 
 of angry waters had passed away with the storm. His personal 
 and political friend, the Hon. Frank P. Blair, in whose ability, 
 patriotism and leadership he had unbounded confidence, had 
 sounded a second call to arms ; and the scattered hosts of the 
 Democracy were gathering for a new alignment. He had 
 taken a bold stand against the provisions of the Drake Con- 
 stitution, which not alone destroyed the citizenship, but pre- 
 vented many from pursuing their vocations as a means of earn- 
 ing their daily bread. He was equally outspoken in denounc- 
 ing the reconstruction acts of Congress as revolutionary. 
 
 44
 
 I 
 
 Col. Broadhead was his right hand, his chief lieutenant. He 
 asserted that the so-called reconstruction legislation was con- 
 trary to the genius of our government and unwarranted by the 
 Constitution. He rejoiced to know that the Supreme Court of 
 the United States afterwards in six cases, though the large 
 majority of the judges belonged to the dominant party that 
 enacted these laws, held this legislation unconstitutional and 
 baffled the policy undertaken. It shall be for all time recorded 
 to the honor of that tribunal that it rose above politics and 
 prejudice, and when the argument of war necessities was urged 
 a learned judge answered back : "The Constitution of the 
 United States is a law for rulers and people equally in war and 
 peace and covers with the shield of its protection all classes of 
 men at all times and under all circumstances. No doctrine 
 involving more pernicious consequences was ever invented by 
 the wit of man than that any of its provisions can be super- 
 ceded during any of the great exigencies of government. 
 Such doctrine leads directly to anarchy or despotism." In the 
 years immediately following, his professional business was so 
 large as to engross nearly all his time, but whilst holding no 
 public position he was continually called upon to give counsel 
 and advice regarding public movements and policies and with 
 his conception of a lawyer's duty he never declined. He was 
 often before the people participating in political campaigns and 
 delivering addresses upon different topics affecting the State 
 and country. 
 
 In 1875 he was elected from St. Louis a .member of the 
 convention to form a new Constitution. Its membership was 
 made up of some of the first men of the State, and it is need- 
 less to say he contributed largely thereto. Among the ques- 
 tions before the body were those of restricting legislative 
 power, of checking the creation of bonded indebtedness by
 
 municipalities and counties, which had been a fruitful source 
 of evil, of re-organizing the judicial system of the State, of 
 defining corporate powers, of granting to St. Louis the right to 
 enact a charter, thereby establishing in great degree local 
 autonomy, and his work on all these matters proved of great 
 value. It is fresh within the minds of this generation how, 
 after the presidential election in 1876, the country seemed on the 
 verge of another war. In December of that year Gov. Charles 
 H. Hardin sent as special representatives from this State Gen- 
 eral John S. Marmaduke and Col. Broadhead to Albany to 
 confer with Gov. Tilden. In the letter of introduction he said : 
 ' ' In the emergency that seems to be forcing itself upon the 
 country it is proper that all should know the path of duty and 
 therefore it is that these gentlemen go to you as the best and 
 wisest counsellors. You can safely and confidently communi- 
 cate to them such views and conclusions in regard to the duties 
 of citizens and State authorities as your judgment may dictate. ' ' 
 The private diary kept by him during his visit is interesting as 
 showing the conversations with Mr. Tilden, in which they went 
 over the crisis then pending, especially the legal and constitu- 
 tional questions involved in the count of the electoral vote, 
 his several trips between Washington and Albany and the con- 
 fidential relationships he bore to the party leaders. I allude 
 to these facts here to show, as confirmed by the words of Mr. 
 Tilden, the high esteem in whicn he was held not only in this 
 State but throughout the country, and the supreme confidence 
 reposed in him in hours of emergency. 
 
 In 1882 he was elected a member of the Forty-eighth Con- 
 gress, in which he performed valuable services as a member of 
 the Judiciary Committee. In 1885 he was appointed by Presi- 
 dent Cleveland Special Commissioner under an act of Congress 
 relative to the French spoliation claims. This necessitated his 
 
 46
 
 making quite an extensive trip abroad to examine into the 
 archives of the French Government at Paris as well as into the 
 records of those tribunals having jurisdiction over prize causes 
 in such cities as Havre, Cherburg and others. He made to the 
 State Department a most valuable report involving the result 
 of his labors, including procedures for condemnation, of about 
 300 American vessels which was made the basis of the first 
 definite action by Congress upon matters which had been 
 pending for nearly a hundred years. 
 
 In 1893 he was appointed a Minister to Switzerland, which 
 position he filled for about two years. He disposed of all the 
 accumulated business he found, and feeling that he could render 
 no further service of importance resigned to come home and 
 spend the rest of his days among his own people. 
 
 So far as his years and health would permit he participated 
 in the exciting campaign of 1896, being as he always was out- 
 spoken upon the issues involved. He was always quick to detect 
 the logic of political principles announced, and the consequences 
 to the country flowing therefrom. He saw in the Chicago plat- 
 form a declaration of principles to which he could not honestly 
 give adherence. He believed their triumph meant disaster to 
 the country. Whether you differed with him or not, no man that 
 knew the man or the history of his life, that could say that any 
 position he took upon a public question vitally affecting the 
 interest of the country was based upon anything but honest 
 conviction. I know it pained him deeply to separate from 
 those with whom he had fought so many political battles, 
 many of them being his personal friends as well, but such was 
 the nature of the man that he would never hesitate for personal 
 considerations if duty and conviction, as he saw them, called 
 for different action. Nor was there the least element of 
 cowardice or timidity about him upon such issues. He would
 
 not hide behind the decrees of a party, as a means of avoiding 
 individual responsibility. His conception of duty was, that 
 being right, he should make bold to assert the right. It was 
 with such feelings that he went to Chicago in July, 1896, to 
 participate in a conference of gentlemen from the Western 
 States, who felt as he did, to consider what should be done. 
 Some hesitated, but his voice cried "forward" and. the result 
 was the calling of the Indianapolis Convention, in which he 
 participated and aided in formulating the declaration of prin- 
 ciples there announced to which he heartily subscribed to the 
 day of his death. 
 
 In summing up his public career some may say that he 
 never arose to the high positions that some of his contemporaries 
 reached, and by this they measure him. I think his friends 
 might well admit that in many phases of politics which in this 
 age seem so essential to success, he was decidedly weak. But 
 with men cast in this mould the idea of office was small as com- 
 pared with higher duties fearlessly and faithfully performed. 
 His ambition was to " act well your part, there all the honor 
 lies." In a ward meeting he would have cut a sorry figure. 
 He was as much out of place in a political convention or the 
 halls of a legislature where it required dickers and deals and 
 dubious combinations to reach results. If in a committee room 
 he had been called on to draft a platform of principles, and the 
 suggestion was made that he should go as far in a certain 
 direction, regardless of the vital principles involved to catch a 
 needed vote without losing many of those of his own party, 
 and in another direction for the same end, he would have 
 thrown down his pen with contempt for an organization that 
 would so act. If on the other hand a committee was honestly 
 endeavoring to make a fearless proclamation of its principles to 
 the world in accord with the genius of the government and its 
 
 48
 
 constitutional principles, or wished to assail its opponents as 
 having failed in this regard, the wiser men therein would have 
 said, before making public our report it would be well to confer 
 with Col. Broadhead. 
 
 The bent of his mind was towards certain lines of thought. 
 In Congress he would have stood high as chairman of the 
 Judiciary Committee, or Foreign Affairs when justice between 
 nations should be the first consideration. Such positions as 
 the head of the Appropriations Committee or that of Ways and 
 Means would in many respects have been little suited to him. 
 He could deal ably with the legal phase of the limit and power 
 of taxation, but dealing in figures and details, the fiscal policy 
 of the government, its resources and how utilized, and its 
 expenditures, such faculties as made Mr. Gladstone such a 
 master in handling the "Budget," were little to his taste. 
 Whilst one of his intelligence and fidelity to public matters 
 would have been at all times useful in preparing legislation 
 affecting our commercial interests yet he could never be con- 
 sidered great in such matters. To him the liberty of the 
 citizen was dearer than the amount of wealth the citizen could 
 accumulate. Whilst comparatively few of his years were spent 
 in office yet in a larger sense he was continuously in the public 
 service. He was an ardent American. He freed himself from 
 the curse of provincial politics. He was the purest patriot I 
 ever knew; he had his country for his client and the cause of 
 no individual however large the retainer given, was ever more 
 faithfully served. You, his fellow citizens, some of whom 
 knew him for half a century can bear testimony to his bold 
 and fearless stand at all times for what he thought was 
 right and the impossibility of defending what he believed to be 
 error. " He never sold the truth to serve the hour." He was 
 straightforward, direct, with no power to tickle the ear of the
 
 madding crowd. He did not appeal to prejudices but to 
 reason, and the high obligation of patriotism. To dissemble 
 was impossible. He came to the people, not with adulation, 
 but with truth, not with words to please, but with measures to 
 serve. With Burke in reply to the noble lord he could say: 
 " I was not made for a minion or a slave. As little did I follow 
 the trade of winning the hearts by imposing upon the under- 
 standing of the people, at every step of my progress in life I was 
 obliged to show my passport and again and again to prove my 
 sole title to the honor of being useful to my country by a proof 
 that I was not unacquainted with its laws and the whole system 
 of its interests both abroad and at home. ' ' Those who believe 
 that the chief end of a political party is to win victories and 
 distribute offices uniting " the loosest bonds of principle with 
 the closest bonds of organization," will find much in Col. 
 Broadhead's public life to criticize. He believed in political 
 parties but he regarded them as ' ' associations of voters to pro- 
 mote the success of political principles held in common." 
 
 The name and the organization were little ; the political 
 principles everything. He was never willing to sacrifice the 
 substance for the shadow. Some who little appreciated the 
 purity of his motives charged him with vacillating ; that he had 
 changed from one party to another. But 'when he did so it 
 was against rather than with the popular current and it meant 
 a sacrifice rather than a reward for personal ambitions or low 
 and selfish ends. Looking back to those momentous events in 
 which he played a conspicuous part, so far removed in time as 
 not to be clouded by the prejudices of the passing hour, I 
 think all who differed from him will admit that he acted from 
 the highest patriotism and most of them will add that the 
 positions he took have been proven to have been the wisest 
 and for the best interests of his country and State. I might
 
 conclude here, but in any address before his old neighbors no 
 picture of his life would be complete without speaking for a 
 moment of him as a citizen and friend. 
 
 It is the highest compliment to him as it is to any one that 
 those who knew him best, who came closest to him, were his 
 greatest admirers and could bear witness to the unsullied purity 
 of his public and private life. One of the main secrets of his 
 success at the bar was that when he walked into a court room 
 he inspired confidence in the judge and the jury. They 
 believed in what he said. Such was the feeling of the people 
 towards him when upon the hustings. It sprang from the 
 splendid character of the man. In appearance he measured up 
 to what Thackery said of Henry Warrington, that "Nature has 
 written a letter of credit upon some men's faces which is 
 honored wherever presented." He had strong common sense 
 united with plain, simple and direct character. L,ike the Iron 
 Duke, 
 
 " Rich in saving common sense, 
 And only as the greatest are 
 In his simplicity sublime." 
 
 To sham in any phase of life would have been impossible 
 in him. He had abiding faith in popular government which 
 was justified by the confidence the people reposed in him, for 
 he was conscious of the purity of his own motives, and his 
 devotion to the country's good. His guileless nature made 
 him often the target for designing people. Full of passion he 
 turned at times with anger upon those who had abused his 
 confidence ; but it was not in his nature to harbor revenge. He 
 never had the quality of which Dr. Johnson boasted that of 
 being a good hater. I think he was one of the most tolerant 
 men I ever knew, but there were two types for which he had a 
 supreme contempt, the trickster in the law, and the demagogue ; 
 
 51
 
 one trying to cheat the administration of justice, and the 
 other to deceive the people ; both of these he placed upon 
 the same level. Such was his nature that "it rang true to 
 every blow that tried his manhood's metal." He was full of 
 sympathy and generosity always having ' ' a tear for pity and a 
 hand open as day to melting charity." 
 
 He had fondness for reading, and the beauties of literature. 
 The English classics he was especially fond of and with English 
 and American history he had great familiarity, whilst all works 
 showing the evolution of constitutional government he eagerly 
 sought after. Those with whom he was on intimate terms he 
 often surprised with his knowledge of poetry and how well his 
 memory was stored with its treasures. 
 
 About two years ago he remarked one day that he felt the 
 infirmities of years, but that he could not see that his mental 
 faculties had been in the least impaired, and that there were 
 several pieces of work he was anxious to finish. One was a 
 paper upon the Louisiana Purchase, which he subsequently 
 prepared and read before the Missouri Historical Society. So 
 exhaustive is it in research and the testimony brought forth 
 that one wishing information upon that important history 
 should seek it and need seek no farther. It was called forth by 
 the official map of the Interior Department making the Pacific 
 Ocean the western boundary of the purchase. He contended 
 it was the head waters of the Missouri river and he had the 
 satisfaction of being informed that the map would be so 
 changed. All public questions interested him to the very last. 
 When the war was declared the flag was hoisted over his home, 
 an outward expression of his lo> r alty. It floated there when 
 he died. He saw the navies of the enemy swept from the sea 
 and its armies surrender, but he saw that which pleased him 
 beyond measure, the obliteration of sectionalism forever ; and 
 
 n
 
 the country indivisible in the heart as upon the map. It were 
 well could he have been spared us to aid in the solution of the 
 grave questions now to be dealt with growing out of the war. 
 Though for forty years a citizen of St. L,ouis watching its 
 growth with pride, active in all city affairs and a prominent 
 figure at social gatherings, he always seemed to turn with 
 fondness to pastoral life. He loved nature and was susceptible 
 to her impressions. Every chirp of a bird, every neigh of a 
 horse, every bleat of a sheep seemed to recall some sound and 
 scene that was dear. As you saw him coming along the street 
 he would convey to a stranger a type of a prosperous country 
 gentleman who had drawn upon the best of the flocks of the 
 fields, and the fruits of the garden for his table ; nor was there 
 lacking in his ruddy face the suggestion that the mint patch 
 by the old spring was still flourishing. The qualities combined 
 in him made a person of marked individuality. Most men die 
 and others fill their places and the world moves on, little noting 
 their end. But as you look around there is no one we see like 
 unto him for the world seems lonesome that he has gone. 
 Those who stood close to him almost forget the great lawyer, 
 the pure patriot and statesman, the model citizen in thinking 
 of the genial simple and loving friend. Your homes were 
 always opened to him. " He never came too early or staid too 
 late. ' ' Old age brought with it no disappointments or bitter- 
 ness. His life seemed rather softened like the fabled apple that 
 ripens "on the side the sun goes down." Though he bowed 
 with humility at the altar of the church of his choice, he was 
 not a man given to the forms of religion or who stood upon the 
 street corners to give thanks that he was not as others. He 
 endeavored to embody the teachings of the Master in his life, 
 and an innumerable cloud of witnesses can bear testimony to 
 how they bore fruit in his daily walk and conversation. It is 
 
 08
 
 well we keep from view the gloom of the sick chamber. He 
 saw the darkness approaching but with hope he looked ahead 
 for the ' ' Kindly Light ' ' to lead him amid the encircling gloom. 
 He did not wish others to sorrow but rather to be of good 
 cheer, for we can well imagine the last lines from the lips of 
 England's poet laureate as fully expressive of his feelings : 
 
 ' ' Though from out this bourne of Time and Place 
 The flood may bear me far, 
 I hope to see my Pilot face to face, 
 When I have crost the bar. ' ' 
 
 There was nothing dramatic or to excite the imagination 
 of men in his taking off. 
 
 The master of English fiction has drawn a character from 
 which we get glimpses of virtues we admired in our friend and 
 who can forget the brief but pathetic words that chronicled his 
 death. "At the usual evening hour the chapel bell began to 
 toll and Thomas Newcome's hands outside the bed feebly beat 
 time. And just as the last bell struck, a peculiar, sweet smile 
 shone over his face and he lifted up his head a little and 
 quickly said "Adsum," and fell back. It was the word we 
 used at school when names were called, and lo, he whose heart 
 was as that of a little child had answered to his name and 
 stood in the presence of the Maker. ' ' 
 
 So it was with him, without murmur or complaint, as 
 unaffected as a child, he closed his eyes for the last sleep as 
 ' ' one who wraps the drapery of his couch about him and lies 
 down to pleasant dreams. ' ' 
 
 Gauged by the dollar mark some might say in this age 
 that after all, he lived to little purpose. Let us take hope. 
 This great assemblage testifies by your presence your reverence 
 and regard for his memory and his exalted life, and by your 
 tears, your affection for the man. The impulse of such a life
 
 never dies. Who that it has touched has not felt it ? Though 
 it may be unseen it passes from one to another, for behold, the 
 influences of his work are all around us, the best monument of 
 greatness and goodness. Written not alone in Constitutions, 
 in Statutes, in Judicial Decrees. From its lesson he who is 
 called to the bar feels a new impulse to higher things, he who 
 would serve his country with unselfish and patriotic devotion 
 takes fresh courage from the good he wrought. 
 
 ' ' He needs no tears who lived a noble life, 
 We will not weep for him who died so well ; 
 But we will gather round the hearth and tell 
 Of all his noble strife ; 
 Such homage suits him well, 
 Better than funeral pomp or passing bell. ' ' 
 
 H
 
 ADDRESS OF HON. GIVEN CAMPBELL IN 
 
 PRESENTING THE MEMORIAL OF THE 
 
 ST. LOUIS BAR TO THE ST. LOUIS 
 
 COURT OF APPEALS. 
 
 DECEMBER 27. 1898. 
 
 MAY IT PLEASE THE COURT : 
 
 ON the 7th day of August, 1898, James Overton Broad- 
 head, a lawyer of national reputation and a most 
 eminent member of the bar of this court, departed 
 this life. 
 
 Born in the State of Virginia, about one year before the 
 birth of his adopted State, at the age of eighteen years, fresh 
 from the teaching of the great University founded by Jeffer- 
 son, he cast his fortune with the people of Missouri, and with 
 her legal and political history his name has been closely and 
 honorably connected for more than half a century. 
 
 Colonel Broadhead was from his earliest manhood filled 
 with an exalted public spirit. His interest in his community, 
 his State and his country, constrained him, when occasion 
 demanded voice and action, to exert his powers in their behalf. 
 He has left the stamp of his sure-footed judgment upon our 
 statute books and our reports have been enriched by his 
 luminous arguments. His voice never failed to ring clear and 
 loud for the people's rights. The motto of his mother State 
 was never forgotten, and he was constant and unfaltering in 
 his opposition and resistance to tyranny of any kind.
 
 As a lawyer he was learned in the great principles of 
 jurisprudence. To him law was a science grand and progres- 
 sive ; the philosophy of the law appealed to his mind, and he 
 searched for principles, not cases, yet no one had read more 
 carefully those decisions wrought out by the almost super- 
 natural intellects of the great judges who were first called 
 upon to interpret our Federal Constitution. It was his knowl- 
 edge of legal principles which constituted his most marked 
 excellence as an advocate and a jurist. 
 
 When difficulties surrounded him and doubts clustered 
 about the mind of the judge, it was then that he drew freely 
 from his full reservoir and brought his reserved strength to the 
 front and marshalled arguments founded upon principles which 
 cleared away doubts. 
 
 Colonel Broadhead was nothing of an actor, but the 
 earnestness of his nature stirred the emotions or his hearers 
 with the force of true eloquence. He despised all artifice ; he 
 had no self-consciousness. He was kindly, trusting, simple 
 and loyal. 
 
 For more than half a century he gave to the people of 
 this State the full measure of his talents ; his mental industry 
 even in old age did not flag, and none of his faculties were 
 withered from disuse ; he lived out a long and honored life, 
 and it was most meet that his brethren at the bar should pause 
 to commemorate his virtues, and on the 9th day of August, 
 1898, a meeting of the St. Louis Bar was held when a 
 memorial, which I hold in my hand, was adopted, to be 
 presented to the courts in which he practised. 
 
 I therefore move the court that the memorial be spread 
 upon its records as a remembrance forever of the virtues of our 
 departed brother. 
 
 H
 
 ADDRESS OF JAMES HAGERMAN, ESQ., IN 
 
 PRESENTING THE MEMORIAL OF THE 
 
 ST. LOUIS BAR TO THE CIRCUIT 
 
 COURT OF THE UNITED 
 
 STATES. 
 
 JANUARY 3, 1899. 
 
 MAY IT PLEASE THE COURT : 
 
 THE mournful, yet loving task has been assigned me of 
 presenting to this Honorable Court the memorial of the 
 St. Louis Bar upon the life and character of James O. 
 Broadhead. I was at the meeting of our bar immediately 
 following the announcement of his death, and well remember 
 that our sorrow was so great and the touching words of 
 affectionate praise by his surviving professional brethren and an 
 old outside friend, so wrought upon the feelings of all, that it 
 was concluded wise to take time for the preparation of a calm, 
 thoughtful and matured estimate of our deceased brother, 
 worthy of him and creditable to us. The memorial I present 
 is the result of the action then taken, and its warmth of expres- 
 sion, beauty of diction, wealth of information, and tender, 
 impartial and philosophic vein amply justify the wisdom of 
 our course. When lodged in the archives of the court (as we 
 hope it may be) it will be an enduring testimonial in the nature 
 of a permanent record which will survive traditions and the 
 mutations of years. 
 
 59
 
 The memorial derives, if possible, added interest from its 
 author. The names of Blair and Broadhead are indissolubly 
 linked together in the history of our city, State and nation. It 
 is rightful evolution and harmonious, poetic justice that Frank 
 Blair's son should be the organ of the St. Louis Bar to pro- 
 nounce its official tribute to the memory of Col. Broadhead. 
 
 How strange it seems that Broadhead is no longer here 
 and that we are to meet and to greet him no more in this forum 
 where he was always such a conspicuous presence, and which 
 has been the scene of so many of his professional conflicts and 
 achievements. He was an active practitioner in this court long 
 before any of the now living judges of any of the Federal 
 Courts assumed their judicial functions. His career at the bar 
 spanned more than a half-century. He was here when Justice 
 Catron rode the circuit and during the larger part of the 
 judicial administration of Judge Wells. He saw Justice Miller 
 appointed, and was here during all the time that great judge 
 ruled and reigned. He was here when Treat ascended the 
 bench, and was a continuing witness of the labors of that 
 excellent and just judge until he retired to a well deserved rest 
 from the toilsome exactions of his double duties in the Circuit 
 and District Courts. Broadhead was here before the Congress 
 of the United States provided for Circuit Judges. When Judge 
 Dillon adorned and illumined this bench he was almost con- 
 stantly at this bar, and was here during the whole mild, thought- 
 ful and beneficent ministration of Judge McCrary. He saw 
 Judge Brewer preside here and pass to the Supreme Court, there 
 to enroll his name among the eminent judges of the century. 
 Broadhead had been in the full tide of practice here long before 
 Caldwell took charge of the Federal District Court of Arkansas, 
 and was here when that able judge came to this court and put his 
 armor on and lifted his visor as a Circuit Judge. He saw Judge
 
 Sanborn come fresh from the bar of the Northwest and take his 
 place upon this bench. He was here before Thayer was elevated 
 to the State bench, and witnessed his appointment as United 
 States District Judge, rapidly followed by promotion to Circuit 
 Judge. He contributed to the creation of the Federal Circuit 
 Court of Appeals, and saw the judges of that court assume their 
 judicial robes, and was spared to see its judicial duties adminis- 
 tered by its present wise triumvirate of judges, who have, how- 
 ever, fortunately not ceased to be judges of the Circuit Court. 
 He saw Priest (whom he was wont to call one of his boys) come 
 here, receive his judicial christening and go back to the activi- 
 ties of the bar. He was here to welcome and approve Judge 
 Adams' renewal of a former voluntarily interrupted judicial 
 career. Always a friend of the Federal Courts, yet ever 
 insistent that they should be kept within their constitutional 
 moorings, in his declining years he was personally profoundly 
 gratified (as I happen to know) that this historic court was 
 under the judicial and judicious guidance of Judges Brewer, 
 Caldwell, Sanborn, Thayer and Adams. As a patriot, the old 
 man was proud of and loved his country; as the Nestor of the 
 bar, he respected, honored and was proud of her judges. His 
 relations to this court and its bar were entirely kindred to 
 those he bore to the bench and bar of this State and of 
 adjoining States and of the Union. 
 
 Broadhead ever stood for the supremacy of the law. 
 
 He once said : 
 
 ' ' The fabric of civilized society is supported by the pillars 
 of the law," and that laws " should be founded on the princi- 
 ples of eternal justice as dictated by the consciences of men 
 chastened and strengthened by the precepts of the divine law." 
 
 And further that " the subversion of the law in any case, 
 except where its enactments become so universally burdensome
 
 as to justify revolution, takes away from every individual the 
 only security he has for the protection of his rights of person 
 or property. ' ' 
 
 While steadfastly upholding the majesty of the law and 
 the authority of the courts, he also boldly stood for the rights 
 of the bar, especially of those lawyers who bear the heat and 
 burden of the everyday work of our profession. 
 
 Speaking of them (and his words have a Baconian flavor) 
 he said : 
 
 ' ' The school of the practicing lawyer enables him to 
 ' ' acquire a practical acquaintance with human nature in all its 
 ' ' multiplied phases. He may learn what weaknesses may be 
 "pardoned; what excess of passion may be condoned. He 
 ' ' may learn that there are in most instances two sides to every 
 "case. How apparent violations of right maybe explained. 
 ' ' How little difference there is in the great mass of human 
 "beings, and what are the secret springs of human actions 
 " which are hidden from the outside world, and he is, there- 
 " fore, less disposed to form a rash judgment of human actions. 
 ' ' It belongs to the members of the legal profession to study 
 ' ' the rights of individuals in their various relations to each 
 ' ' other and to the State, and to see that they are secured by a 
 " just administration of the law. To do this demands as well 
 " a thorough knowledge of the principles of jurisprudence, as 
 " taught by the masters of the profession, the special enact- 
 " ments of legislators, and the origin of the customs which 
 " have ripened into laws by the judgment of competent tribu- 
 " nals, not, however, by too much reading, but by much reflec- 
 ' ' tion and reasoning upon what the law should be in a given 
 ' ' case, as also the relations of the different members of society 
 " to each other, the various industries which become subjects 
 ' ' of contracts, the products of human genius which in the
 
 " progress of a rapid civilization have developed new industries, 
 "and to what extent they have changed former conditions, 
 ' ' and in all legal controversies in which they may be concerned 
 ' ' to make a fair and honest presentation of the law and the 
 " facts before the court, and above all things to avoid the stir- 
 " ring up of litigation, and when consulted by a client to 
 "counsel the settlement of a controversy without litigation if 
 " it is deemed advisable to do so, and, under all circumstances, 
 " as an officer of the court, to have the courage to defend the 
 " right, however it may be assailed, whether by the voice of 
 ' ' the multitude or the despotism of a single individual clothed 
 ' ' with official power. ' ' 
 
 In the broadest sense Broadhead was a large man. How 
 often we who knew him best have involuntarily spoken of him 
 as " the grand old man," thus applying to him a phrase that 
 the world seems to have reserved exclusively for England's 
 great commoner. He was of the type and mould mentally and 
 physically of such men as Benton, Bates and Browning. It is 
 not exageration to compare him favorably with men of higher 
 renown and wider fame. Men may be great and good without 
 playing their life's drama on the widest stage. In contemplat- 
 ing Broadhead when he was with us, and in estimating him 
 since he has passed away we were and are ever confronted with 
 the thought of what he might have been, without underestimat- 
 ing what he was. This is especially true in viewing him from 
 the standpoint of a public official. Every station he held in 
 public life, whether in our State Legislatures or our Constitu- 
 tional Conventions, in our Bar Associations, in military or civil 
 place, in Congress or in the diplomatic service, he filled with 
 honor, grace, dignity, ability and usefulness. It is part of the 
 unwritten history of the past that had Tilden been installed as 
 President, Broadhead would have been invited to the cabinet.
 
 Does anyone doubt he would have made a great Minister of 
 State, whether as Attorney General or in any of the secretary- 
 ships ? Would not his elevation to the bench, State or national, 
 at any time before old age overtook him, have been welcomed 
 with universal approval ? He was the stature of a Chief Justice, 
 American or English. As Senator in Congress he would have 
 stood in the front rank as easily as he did stand in the front 
 rank at the bar. If he had been sent as Minister to England 
 instead of Switzerland he would have discharged the duties of 
 that important post to the satisfaction of all. If the suffrages 
 of his countrymen had called him to the presidency of the 
 nation he would have been found fully equipped, and would 
 have administered that high office with as much fidelity, ability 
 and success as he did the early offices conferred upon him by 
 his beloved constituency of old Pike, or the later ones which he 
 held in obedience to the will of the people of the City of 
 St. Louis and of the chief magistrate of the nation. 
 
 But why talk about what he might have been when we 
 know what he was. He could have held no offices, however 
 high, but his strong and striking individuality and his impres- 
 sive personality would have overshadowed them all. I doubt 
 whether our people could ever have habituated themselves to 
 calling him by an official title, at least out of his presence when 
 unconstrained by conventionalities. It always seemed to me 
 that they were hardly willing to add the Southern and Western 
 prefixes, Colonel or Judge. To them as to us he was always 
 Broadhead. 
 
 We love to dwell upon him as a lawyer, for that was his 
 life vocation, yet we cannot disguise the fact that Broadhead 
 the man, to some extent obscured Broadhead the lawyer. It 
 was not in his nature to be a strict specialist. His active busi- 
 ness life was largely passed as an advocate in the domain of the
 
 courts, amid contending clients, or as a counselor in his office 
 settling disputes and advising as to rights and liabilities. 
 There were periods when he lived and acted within the domaiti 
 of statesmanship. At all times he took a deep interest in all 
 things which concerned humanity. Whatever he did was done 
 so easily that he did not seem to labor. His weakness, if any, 
 as a lawyer, was his indifference to details. This resulted 
 largely from his ability to apply general principles and to solve 
 questions upon necessarily undisputed facts. His power of 
 generalization was marvelous. Gen. Henderson once told me, 
 speaking of the time when he and Broadhead were rival 
 practitioners at the Pike County Bar, that early in the contest 
 he had to give up all hope of ever surprising or beating Broad- 
 head upon questions of law, and that when he was so fortunate 
 as to prevail in a law suit he could always trace back the result 
 to his own careful preparation of the facts of the case and the 
 absence of that preparation on Broadhead' s part. 
 
 I have been told that Samuel T. Glover, when once asked 
 his estimate of Broadhead, replied in his sententious way: "A 
 great lawyer ; a great man. A very great lawyer ; a very 
 great man when awake." 
 
 There was nothing about Broadhead that so much 
 impressed others as what might be called his reserve power, 
 which he possessed in a marked degree, as did Webster. 
 
 Broadhead always took an active interest in public and 
 political questions. He belonged in his early life to the old 
 Whig party, and his attachment to it was so strong that I very 
 much doubt whether he would ever have bolted its platform 
 or its nominees. He was not as federalistic in his views as 
 Marshall or Hamilton. He was not as radically democratic as 
 Jefferson nor as fiercely democratic as Jackson. His views 
 were rather the composite of those of Madison and Webster.
 
 He was the antipodes of Calhoun. As a son of Virginia, he 
 was not wanting in filial devotion, yet he believed so strongly 
 in an indestructible union of indestructible States that had he 
 lived there in 1861 he would not have believed with Gen. Robert 
 E. Lee that his first allegiance was to his State. He pro- 
 foundly believed in the wisdom of the results which followed 
 debate and contention in the courts, in constitutional conven- 
 tions and in legislative bodies. He did not have the highest 
 confidence in the conclusions of a primary, a caucus or a politi- 
 cal convention. As a Senator of Rome in its palmiest days he 
 would largly have influenced and controlled the policy of the 
 Republic, yet I doubt whether he could have moulded to his 
 will the fierce democracy of Athens. He had great respect for 
 the verdict of the people at the polls. His theory evidently 
 was to respect conclusions arrived at after both sides had been 
 heard. He was not quite an optimist, not a pessimist, nor was 
 he an opportunist, he was the embodiment of conservatism. 
 He rather grew restive under the restraint of party rule, and 
 ' ' independence was one of his fluttering plumes. ' ' 
 
 He could not bring himself to believe as strongly as some 
 do that for a strong man with the capacity for political leader- 
 ship unvarying allegiance to the party nearest representing 
 his views is, in a Republic like ours, the most practical way to 
 promote the country's welfare. 
 
 It is not for me to speak of his domestic relations ; as a 
 son, brother, husband, father, he was nearly ideal, and to his 
 kinsmen, to the remotest degree he was not unlike a massive 
 live oak, with capacious branches sheltering and protecting 
 them from heat and storm. 
 
 Wherever Broadhead was there was sunshine, not clouds. 
 What shall I say of his good comradeship? Or shall I tres- 
 pass on those grounds? What of the Attic hours? When
 
 surrounded by his familiars and his friends, how did he bear 
 himself? Not like Dr. Johnson, the rugged old bear who made 
 famous the London taverns by doing all the talking, and doing 
 it so marvelously well. On such occasions Broadhead was not 
 a raging conflagration, but rather the gentle and healthy glow 
 of the hospitable fireside. He did not, like poor Yorick, " pour 
 a pint of Rhenish on your head ;" nor was his the wild, rollick- 
 ing fun of Dickens or Eugene Field, but rather the genial humor 
 and abounding pleasantries of Thackeray and Irving. Rich in 
 literary attainments, full of poetry and sentiment, overflowing 
 with classic and historic lore; there never was a more charming 
 companion. That it was a positive pleasure for him to receive 
 the strokes of humor, and the shafts of wit and sarcasm and 
 badinage from his friends rather than to strike the blow or 
 draw the bow himself could have been attested by the Knapps, 
 Lindley and Hyde, and can be confirmed by Henderson, Vest, 
 Philips, Dyer, Henry, Prather, Francis, Priest, Ellerbe, Frost, 
 and others. 
 
 Broadhead had a deeply religious nature, and it was only 
 needed to have heard him reverently speak the words (as he 
 often did) " Divine Justice." " Divine Master," or " the Savior 
 of the world," or "the providence of God" to find out this 
 attribute of his character. He devoutly believed in ' ' the 
 fatherhood of God and the brotherhood of man." 
 
 His life was no failure but a crowning success. He lived 
 nearly four score years. He was ever blessed with a " sound 
 mind in a sound body." He held communion with the good, 
 the strong, the wise and with the brave, the tender, the true, 
 and with the poor and the unfortunate of his generations, and 
 by much reading with those of former times and distant 
 countries. Compare him with his contemporaries, old or young, 
 those gone before or left behind, and who was superior to him ?
 
 In whom were all the elements so blended ? And of those left 
 who towers above him ? 
 
 Let me reiterate in estimating him we must not fall into 
 the error of comparing him with himself. 
 
 His simplicity was such that a child might lead him, yet 
 his courage such the strongest could not daunt him. When 
 aroused he had much of the lion in him ; none of the fox or 
 the wolf. His life was mostly bright, and such sorrows as 
 touched him he met in philosophic spirit and with Christian 
 fortitude and resignation. No one ever had a sunnier disposi- 
 tion. His goodly face was a benediction. Calmly and joyfully 
 he pursued the even tenor of his way, yet, at all times, as 
 Tennyson said of Wellington, "as the greatest only are, in 
 his simplicity sublime." 
 
 He was not unlike the Mississippi on whose banks he 
 dwelt, and which moves steadily on, sometimes at a lower and 
 sometimes a higher stage, anon bursting its bounds and fertiliz- 
 ing all it touches, then returning to its channel continues its 
 majestic march to the sea. 
 
 He gloried in nature, its mountains, lakes, plains, rivers, 
 oceans and the overarching firmament. He found "tongues 
 in trees, books in running brooks ; sermons in stones and good 
 in everything." 
 
 When the history of the times in which he lived shall 
 come to be written by the impartial historian it will be found 
 that Broadhead left a permanent imprint, and his services to 
 the American bench and bar will be recounted ; and it will 
 appear that he had very much to do in moulding our laws, 
 constitutional, legislative and judicial, and shaping the destiny 
 of our great Commonwealth and materially contributed to the 
 preservation of our Union of States. 
 
 68
 
 As I stand in this presence at the conclusion of my brief 
 part in this ceremonial and think of my dear departed friend, 
 the pathetic words of Hamlet crowd upon me : 
 
 " He was a man, take him for all in all, 
 I shall not look upon his like again." 
 
 Yet I am consoled, as we all must be, that his going was 
 in the order of nature ; not an untimely taking off. The 
 harvest time came and he was found ' ' in the sere and yellow 
 leaf, ' ' and gathered to his fathers. His great soul has returned 
 to its Maker. His memory we retain as among our most 
 precious treasures, and the collective estimate of the St. Louis 
 Bar is expressed in the memorial which now I commit to the 
 care of the court.
 
 RESPONSE OF JUDGE E. B. ADAMS. 
 
 JT IS with profound emotion that I have listened to the 
 very excellent and just eulogy which you have pro- 
 nounced in presenting the memorial of the St. Louis 
 Bar, upon the life and character of our departed brother and 
 friend. 
 
 This court, in times past when brother Broadhead was at 
 the zenith of his power and usefulness, was his favorite tribu- 
 nal. His voice was often here raised in the cause of justice. 
 Many of his most brilliant successes were here achieved and the 
 files and records of this court stand as permanent and enduring 
 monuments to his great learning and ability. While, since 
 my personal incumbency of this office, his foreign residence 
 and enfeebled health have prevented his frequent appearance 
 here, I know from my general familiarity with the history of 
 this court, as well as from the uniform testimony of my dis- 
 tinguished predecessors, that no man of all the illustrious 
 members of this bar, past or present, has ever impressed the 
 court with more confidence in his integrity, ability or learning, 
 than brother Broadhead. 
 
 His methods were always simple, direct and honest, and 
 therefore of necessity powerful and effective. His habit was 
 to deal with and invoke the great underlying principles of right 
 and justice, with whom no man of my acquaintance possessed 
 a keener and more accurate appreciation. As a result of such 
 methods, supplemented by reinforcing authority with which he 
 was also very familiar, his arguments were always strong and
 
 cogent and his conclusions driven home with great clearness 
 and power. He was a great lawyer, known and appreciated 
 not only at this, his home bar, but throughout the length and 
 breadth of the land. 
 
 He was an ornament to his chosen profession, and as a 
 member of this bar, a great honor to this court. 
 
 With sadness and grief for his departure I consent to the 
 inevitable necessity, while permitting the records of this court 
 to memorialize his life, to permit them also to announce and 
 record his death. 
 
 71
 
 ADDRESS OF HON. G. A. FINKELNBURG IN 
 
 PRESENTING THE MEMORIAL OF THE 
 
 ST. LOUIS BAR TO THE UNITED 
 
 STATES COURT OF APPEALS. 
 
 JANUARY 9, 1899. 
 
 IF YOUR HONORS PLEASE : 
 
 SOMETIME ago the members of the St. Louis Bar met 
 and took action on the death of Col. James O. Broadhead, 
 and I have been requested to present to this Honorable 
 Court a memorial on the deceased, adopted by that meeting, and 
 to ask that it may be incorporated in the records of this court. 
 
 The brotherhood of lawyers always assembles with feelings 
 of sincere regret when an esteemed member has passed beyond 
 the living association ; but in this instance there has been a 
 marked disposition to linger longer than usual over the rem- 
 iniscences of the departed brother and to emphasize the loss 
 the great loss which our bar has sustained. 
 
 In the death of James Overton Broadhead the country has 
 lost one of those highly gifted lawyers who have given strength, 
 character and influence to the American bar during the last 
 fifty years, and a lawyer whose intellectual activity extended 
 far beyond the limits of the ordinary professional practice into 
 the broader fields of constitutional and international law, 
 statesmanship and foreign relations. He was a man of 
 extraordinary capacity.
 
 Two things are necessar}- to make a marked career : 
 natural endowments and occasions to call them forth. There 
 were several events in the life of Col. Broadhead which gave 
 direction and impetus to his natural abilities. He was a mem- 
 ber of two Constitutional Conventions in this State. This 
 experience, together with a remarkable adaptation to the con- 
 sideration of broad fundamental questions which he grasped 
 and handled with masterly vigor and discernment, brought him 
 into great prominence as a constitutional lawyer, so that his 
 opinions and arguments on constitutional and kindred ques- 
 tions of public law become a prominent feature in the judicial 
 history of our State. 
 
 Col. Broadhead was twice appointed to positions of a diplo- 
 matic nature in which questions of international law became 
 the object of his attention, and here again he demonstrated his 
 ability to grasp and apply the rules which pertain to this higher 
 branch of jurisprudence, rules which are said to draw their 
 inspiration directly from the law of nature. 
 
 During the late Civil war Col. Broadhead was one of the 
 chief advisers of the Federal Government in all affairs pertain- 
 ing to the military occupation and government of Missouri ; in 
 this position, as well as in his subsequent career in Congress, 
 his course was of that enlightened, firm but conservative 
 character which mark the conduct of a statesman. 
 
 In all these spheres Col. Broadhead rose far above the 
 common level of human capacity, judgment and foresight ; 
 but after all I think it was in the court room that he 
 was strongest, and it was when thoroughly aroused in a 
 case of importance that his oral arguments were so convincing 
 in their reasoning and so forcible in their expression as to 
 remind one of the great names which have graced forensic 
 oratory in the history of the English and American bar.
 
 It is undoubtedly true, as the memorial says, that much of 
 his professional success was due to the fact that every tribunal 
 before which he appeared became immediately impressed with 
 his perfect candor and honesty ; that his face, his manner, his 
 whole bearing throughout the case carried conviction of a pur- 
 pose to present the issues with absolute fairness, and because 
 he believed in the words used by himself in a public address 
 that, " No man without an upright mind, and no man who has 
 not preserved his integrity, has ever died leaving the reputation 
 of a great lawyer. ' ' 
 
 As a lawyer and a citizen Col. Broadhead was a tower of 
 .strength ; as a man he was kind and gentle, full of generous 
 sympathy and open-handed almost to a fault. It is said that 
 no one in distress ever appealed to him in vain. Take him all 
 in all he represented the noblest type of American manhood. 
 
 And now that he has departed for the unknown and silent 
 shore we, his brother lawyers, feel like calling after him, 
 Adieu ! dear friend, you have nobly done your part, and we 
 who survive you will keep your memory alive as long as life is 
 accorded to us. 
 
 I am sure that your Honors upon the bench are in accord 
 with the members of the St. Louis Bar in the sentiments 
 expressed in their memorial which has been printed and which 
 your Honors have seen, and in view of the extensive practice 
 which the deceased had in the Federal courts I now ask that 
 this memorial may by your order be spread upon the records 
 of this court.
 
 RESPONSE OF MR. JUSTICE THAYER. 
 
 THE memorial of the bar concerning Colonel Broadhead 
 (supplemented by your own remarks, Mr. Finkelnburg) 
 depicts with great fidelity and rare discrimination those 
 qualities of mind and heart which, for more than thirty years, 
 maintained the deceased in the front rank of the profession in 
 this city and State, and endeared him, not only to his associates 
 at the bar, but to a multitude of friends outside of the profes- 
 sion. It rarely happens that a death occurrs in any community 
 which affects so many persons with a sense of personal loss as 
 the death of Colonel Broadhead. He was a man of great intel- 
 lectual vigor and capacity, but it required some occasion or 
 circumstance which stirred his emotions to call his best powers 
 into action. As a lawyer he took little interest in the ordinary 
 controversies between individuals, such as daily occur in the 
 courts, and at times his lack of zeal seemed to be neglectful of 
 the interests of his client. On such occasions his attitude 
 before the court was one of apparent regret that rational human 
 beings would indulge in a dispute about trifles ; but if his feel- 
 ings were aroused by any act of wrong or oppression, or if the 
 controversy touched any of the more fundamental principles of 
 the law on which human rights or political institutions are 
 founded the listless attorney at once became the zealous, 
 profound and able advocate. 
 
 Colonel Broadhead' s tastes, as has been truly suggested, 
 led him naturally into the domain of constitutional and inter- 
 national law, and to the study of many questions of a political 
 and economic character which do not always engage the atten- 
 tion of active practitioners. All subjects which in any way 
 affected the welfare of states or communities interested him far 
 more than the transient concerns of individuals. In his early
 
 life he had breathed an atmosphere which inspired him with a 
 deep interest in public affairs, and with a strong love of free 
 institutions, and throughout his long career at the bar he 
 studied with an interest that never flagged, the origin and 
 evolution of those Constitutional guaranties on which the rights 
 of the individual and the welfare of states, in the main, depend. 
 Although he lived during the period when the commercial 
 spirit of the present day seems to have had its origin and was 
 widely prevalent among all classes and professions, yet he never 
 caught the infection and w r as singularly free from its influence. 
 He devoted much time and talent to the study of public ques- 
 tions and to the accomplishment of public objects, which a more 
 worldly-minded person would have devoted to the betterment 
 of his private fortune. He found no pleasure and apparently 
 took no interest in the pursuit of wealth. 
 
 Colonel Broadhead was a man of great mental honesty. 
 He seemed to be incapable of practicing any deception upon 
 himself or others. In the course of more than twenty years of 
 intimate acquaintance with him at the bar, I never heard him 
 attempt to distort a legal principle, or to justify an act which 
 an enlightened conscience would not approve. Neither the 
 dictates of self-interest nor attachment to party ever swerved 
 Colonel Broadhead a hair's breadth from that line of conduct 
 which his conscience and judgment approved. He believed, 
 and always acted in accordance with the belief, that it was 
 better to be right than to be successful, and that the political 
 fortunes of an individual were of no concern to the public, and 
 of little importance to himself. 
 
 He had great influence with all courts before which he 
 was a practitioner, and the main element of his strength lay in 
 the confidence which he inspired that the controlling issues of 
 the case would be clearly and accurately stated ; that the law
 
 would be expounded as he believed it to be ; that he would 
 indulge in no sophistry or casuistry, and would dig no pitfalls, 
 either for the court or for his adversary. 
 
 Colonel Broadhead was a man who harbored no animosities 
 and treasured up no resentments against his fellow-men. The 
 natural impulses of his heart led him to take a charitable view 
 and to be a lenient judge of the faults and mistakes of others. 
 True to the instincts of a generous nature, when the Civil war 
 ended, in which he had borne an honorable part, he pleaded 
 with great earnestness against many of the proposed measures 
 of the Reconstruction Period, which he believed to be arbitrary 
 and ill advised ; for the restoration to the Union of the Southern 
 States, with all of their political rights, and for a general 
 amnesty for all political offenses. 
 
 Allusion has been made in the memorial, and without it 
 the picture would have been incomplete, to the lovable personal 
 qualities of the man to the simplicity of his character ; to the 
 artlessness of his disposition which suspected no guile, and to 
 that indefinable influence, the outgrowth of a kind heart and a 
 generous nature, which inspired all of his associates at the bar 
 with a feeling akin to love and veneration. It is a pleasure to 
 pay a tribute of respect to such a man, and to do what we may 
 to perpetuate his memory. We can admire his intellectual 
 powers, which were far above the average ; we can treasure the 
 recollection of his many kind acts and generous impulses ; and 
 above all, we can point with pride to the great integrity of his 
 character and to the high purpose which inspired his public 
 acts and private conduct. Such men as Colonel Broadhead are 
 an honor to the profession to which they belong, and a blessing 
 to the communities in which their lives have been spent. 
 
 It will accordingly be ordered that the Resolutions of the 
 Bar be spread at length upon our records.
 
 ADDRESS OF HENRY HITCHCOCK, ESQ., IN 
 PRESENTING THE MEMORIAL OF THE 
 ST. LOUIS BAR TO THE SUPREME 
 COURT OF MISSOURI. 
 
 JANUARY 24, J899. 
 
 MAY IT PLEASE YOUR HONORS : 
 
 RESPECTFULLY present to the court, at the request 
 
 ' of my brethren of the bar of the City of St. Louis, a 
 
 memorial of the late James Overton Broadhead, who 
 departed this life in the City of St. Louis, on the seventh day 
 of August, 1898, soon after completing his seventy-ninth year. 
 
 On August ninth, at a largely attended meeting of that 
 bar, a Committee of Nine was appointed to prepare and report 
 to an adjourned meeting a suitable tribute to the memory of 
 one so greatly honored and beloved by his professional brethren. 
 On November twelfth their report was presented and was 
 unanimously adopted. I deem it a privilege to submit to your 
 Honors, on their behalf, this memorial of one who for more 
 than fifty years was a member of the bar of this court, 
 distinguished alike by his eminent professional ability and 
 reputation, and by his exalted personal character. 
 
 In fulfilling that duty it is not needful that I should recount 
 to your Honors in detail the events of that long and honorable 
 life, or the many and important services which he rendered at 
 the call of his fellow-citizens of Missouri and of the national 
 government. The story of that life is briefly but admirably
 
 told in this memorial. Those services are writ large in the 
 public records of this Common wealth, and of its chief city, whose 
 fundamental and organic laws he largely contributed to frame, 
 and in the chronicles of the nation, as well during those sad 
 and anxious days of civil strife- as in later times of reunion, 
 prosperity and peace. And how warmly the memory, not only 
 of his public services, but of the intellectual power, the moral 
 worth and the attractive personal traits of the man, is cherished 
 in the hearts of his fellow-citizens, is attested by the spontaneous 
 tributes in which they have recalled his early struggles, his 
 life- long labors, the learning, ability and virtue which adorned 
 and the honors which rewarded them. Seldom indeed has a 
 more significant and touching tribute been rendered to any 
 man than that which was paid to his memory on the twenty- 
 eighth of November last, at a public meeting of the citizens of 
 Pike County, where his early manhood was passed, his profes- 
 sional career begun and his first public duties undertaken. The 
 forty years which had elapsed since he sought a wider field of 
 usefulness had not sundered those early ties of mutual confi- 
 dence and affection, and the representatives of two generations 
 joined in honoring one who in ripe manhood and in venerable 
 age had nobly fulfilled the promise of his youth. 
 
 This memorial also briefly depicts, in a manner at once 
 felicitous and just, the professional character and career of him 
 whom we lament. Extending unbroken through a period the 
 length of which betokened uncommon vigor of mind and body, 
 preserved by temperate habits and a pure and wholesome life, 
 that career fulfilled the highest conditions of professional dis- 
 tinction and success integrity, intellectual power, learning 
 and faithfulness to trust. How great and precious were his 
 gifts, with what zeal and fidelity they were employed, I need 
 not remind your Honors, before whom and your predecessors,
 
 during the half-century now drawing to a close, he so often and 
 so ably asserted or defended the rights and liberties of which 
 this supreme tribunal is the guardian under the Constitution. 
 Admitted to the bar in 1842, Mr. Broadhead's name first 
 appears in this court in 1847, in the tenth volume of the Missouri 
 Reports, and thereafter during more than fifty years, in more 
 than one hundred subsequent volumes, with a frequency 
 approached by very few, and surpassed, I think, by none, of 
 his contemporaries. But it was the quality, not the quantity, 
 of his work which placed him in the front rank of the bar of 
 Missouri and established for him a national reputation. Of 
 the immense variety of cases in which his counsel and advocacy 
 were sought, those were most congenial to his mind, and dis- 
 played his powers and resources to the greatest advantage, 
 which involved the discussion of the broad principles of right 
 and justice which are the foundation of the law. For to him 
 the law was not merely an arbitrary rule of conduct, finding its 
 sanction only in superior power. It must justify itself by right 
 reason, else its seat were not "the bosom of God," nor "its 
 voice the harmony of the universe." Instinctively, therefore, 
 he sought for the truth, habitually relying upon that alone for 
 success. And to this singleness of mind, to the integrity, the 
 simplicity, which was the keynote alike of his intellectual 
 efforts and of his personal character, not less than to his ability 
 and learning, his professional eminence and success were due. 
 The clients whom he advised, and the jurors whom he would 
 persuade, felt that they could trust implicitly the sincerity of 
 his purpose and the absolute truthfulness of his statements ; 
 and the judge or court whom he would convince, whether con- 
 curring or not in his conclusions, equally recognized the 
 uprightness with which, as an officer of the court, he sought to 
 aid it in ascertaining and enforcing the very truth and right.
 
 A notable illustration of this is mentioned in this memorial, as 
 having occurred in the Supreme Court of the United States 
 during an argument by him which involved constitutional 
 questions of the highest moment, but in this presence, the 
 statement I have made requires no confirmation. 
 
 In the high estimate placed by his brethren upon Mr. 
 Broadhead's forensic ability and their interesting analysis of 
 his intellectual gifts and mental habits, I feel sure that your 
 Honors will concur. I believe it to be true that the members 
 of no profession are habitually judged by their fellows with 
 greater accuracy than those of our own and equally true that 
 in none are favorable judgments more cordially rendered, or 
 the supremacy of its leaders more willingly acknowledged. 
 But to him the loving tribute of our admiration was paid with 
 a peculiar pleasure. For, while his integrity, his learning, his 
 forensic power and skill commanded our highest respect, in 
 him were singularly blended the qualities of strength and 
 gentleness, of unselfish purpose, absolutely fearless fidelity to 
 his own convictions and a quick and intelligent sympathy for 
 those of others. 
 
 Nor is this the testimony of those alone for whom I now 
 speak. I take pleasure in adding to it that of a former honored 
 member of this court, now occupying for the third time the 
 Circuit bench of Jackson County, whose wide and intimate 
 acquaintance with the bar of the entire State during fifty years 
 past gives to it a peculiar value. 
 
 From the extremely interesting ' ' Personal Recollections ' ' 
 contributed by Judge Henry to the history of the Bench 
 and Bar of Missouri, published within the past year, I quote 
 the following mention of Colonel Broadhead, as one of the 
 acknowledged leaders of the bar, based upon an acquaintance 
 begun in 1847 : 
 
 82
 
 " Broadhead was then a young man, rapidly reaching the 
 front rank of lawyers, and leaving Pike County he located in 
 St. Louis, where very soon he was recognized as one of the 
 ablest lawyers at that bar. He is a man of remarkable intel- 
 lect, and the ablest arguments I ever heard as Judge of the 
 Supreme Court were made by Colonel Broadhead. He is not 
 only learned in the law, but is a scholarly, cultured man, with- 
 out a particle of pedantry, and one of the most guileless mortals 
 I ever knew. He has no malice or envy in his composition 
 and has a heart full of kindness for mankind." 
 
 To that history Colonel Broadhead also contributed inter- 
 esting reminiscences of half a century, not only giving due 
 honor to the giants of earlier days, but sketching with kindly 
 and characteristic humor the unconventional conditions of 
 practice in the country circuit in which his professional life 
 began. Others whose reputation, like his own, afterwards 
 reached its zenith at the St. Louis Bar such as Gamble, Bates, 
 Glover, Uriel Wright, Richardson, and others also received 
 their earlier training on country circuits, and doubtless medi- 
 tated their first causes while journeying on horseback over the 
 broad prairies and through the silent woods of which he speaks. 
 Such training, rough but genial, could not fail to test and 
 strengthen from day to day their mental thews and sinews. It 
 called forth in sudden conflict, with scant preparation, all their 
 resources of knowledge and native wit, and compelled them to 
 profounder study of legal principles, the knowledge and appli- 
 cation of which distinguishes the jurist from the case lawyer. 
 
 And such training fitly supplemented the associations and 
 traditions of Colonel Broadhead 's youth, as related in Mr. 
 Kent's admirable address at the commemorative meeting 
 already mentioned. Born in 1819, in Charlottesville, Virginia, 
 at a time when many of those who founded the Republic were
 
 still living, in a community where a number of them resided, 
 and in part educated at its renowned University, among his 
 earliest recollections were the venerable figures of Thomas 
 Jefferson, of James Madison, "The Father of the Constitution, ' ' 
 whom he often met and talked with, of James Monroe, and 
 their friends and associates of earlier days. Imbibing from 
 such men the traditions of patriotism, philosophy and learning 
 exemplified in their illustrious lives, his own ideals and aims in 
 life were worthy of their source. We know with what fidelity 
 he maintained those ideals, with what distinction and success 
 he pursued those aims. But while we honor him both as a 
 great lawyer and as a patriotic citizen and servant of the 
 State, his brethren of the bar honor him most of all in that his 
 professional career embodied and exemplified the truth which 
 this memorial repeats in his own words : 
 
 " No man without an upright mind, no man who has not 
 preserved his integrity, has ever died leaving the reputation of 
 a great lawyer. ' '
 
 RESPONSE OF CHIEF JUSTICE GANTT. 
 
 THE CHIEF JUSTICE RESPONDED AS FOLLOWS : 
 
 THE Court most cordially responds to the sentiments of 
 affection and admiration for our deceased brother con- 
 tained in the memorial of the bar, and esteems it a great 
 privilege to spread upon the records of this court this last 
 testimonial of those who knew and loved Col. Broadhead 
 so well. 
 
 It has been the lot of few men to impress the history of their 
 times with their own individuality to a greater extent than he 
 has upon Missouri. The memorial is most fitting in that it 
 justly discriminates in its estimate of the great characteristics 
 of the man. Little can be added to what is said in the memorial. 
 This is not the time or place for a review of his great achieve- 
 ments in public affairs. 
 
 It is proper to say that in this forum he shone as the great 
 lawyer and achieved many signal triumphs and won and main- 
 tained at all times the respect and admiration of the court and 
 his brethren at the bar. 
 
 We fully concur in the sentiments of the memorial and 
 thank you, Mr. Hitchcock, for the eloquent words in which you 
 have performed this sad duty for one of your contemporaries. 
 
 To the young men of my generation the memory of the 
 kindly words, the genial countenance of Col. Broadhead will 
 always remain a benison, and we will ever cherish his memory 
 as the friend of the young lawyers. To the members of the 
 country bar of Missouri it is and will always be a source of
 
 pride that he laid the foundation of his great career, as a 
 country lawyer, and we will always claim a share in his 
 fame. 
 
 The great ability of Col. Broadhead, his splendid attain- 
 ments, his loyalty to his profession, and his fidelity to duty 
 make it eminently appropriate that a fitting memorial of his 
 services to the State and to this court should be permanently 
 inscribed upon our records, and it is accordingly ordered that 
 the memorial and your remarks, Mr. Hitchcock, be spread at 
 large upon the records of this day's proceedings. 
 
 86
 
 ADDRESS OF HON. CHESTER H. KRUM IN 
 
 PRESENTING THE MEMORIAL OF THE 
 
 ST. LOUIS BAR TO THE CIRCUIT 
 
 COURT OF THE CITY OF 
 
 ST. LOUIS. 
 
 THE indulgence of your bar has commissioned me to 
 present to your Honors their tribute to the memory of 
 James O. Broadhead. Words of mine cannot add to, or 
 make more appropriate, the heartfelt eulogium which this 
 tribute evidences. It is the peaceful ending of a long life, 
 which this memorial commemorates a life not alone instruc- 
 tive, by way of precept and example, but one of honorable 
 service to the nation, of marked significance to the State, and 
 of kindly relations and honest dealings of him who lived it, 
 with his fellow-men. The life, so fully rounded out with 
 plenitude of years, tells of a youth of sturdy qualities, which 
 gave promise of good performance in days to come ; of an early 
 manhood of studious, honest progress towards the realization 
 of the promises of youth ; of a beginner in the law to whom 
 straightforwardness in methods and purposes was no less a 
 guiding necessity than even the building of a noble, impressive 
 structure of learning, upon the broad, substantial foundation 
 of the principles of the law ; of an experienced practitioner of 
 his profession, perhaps not as alert or keen as some, in the 
 ordinary acceptation of legal skill, but profound, masterly, 
 direct and sincere ; of an expounder of the Constitutions of the 
 nation and the State, of renown co-extensive with the Union, 
 and the peer of any lawyer at any American bar ; of an active
 
 participant in the public affairs of the State and the nation ; 
 of a statesman who was a patriot when his country called in 
 hours of urgent need, who was true to the mandates of the 
 Constitution, and was the open, unrelenting foe of all party 
 subterfuges intended to mislead, where they professed to better 
 the people, and who, though honorably ambitious, would have 
 passed his days in mere private citizenship rather than advance 
 one step towards office as the consequence of guile, treachery, 
 false pretense or dishonorable political artifice. 
 
 The life, thus rounded out, tells even more. Not merely 
 were honest methods followed fearlessly and openly, at the bar 
 and in private and in public life, but there went with that 
 honesty and directness in purpose and in act, true simplicity 
 and want of presumption in thought and in manner ; a kind, 
 manly consideration for the opinions of others ; an open-hearted 
 fondness for the promptings of friendship ; the most unchange- 
 able and ever abiding charity ; a pronounced fearlessness in 
 the exposure of chicanery and corruption, in private life or 
 public office, and an unfaltering observance of truth and 
 straightforwardness in all of his dealings with his fellow-men ; 
 so that not merely in the sum and substance of his daily life 
 was it gentle, but the elements were so divinely mixed in him, 
 that nature might stand up and say to all the world, " This 
 was a man." 
 
 Yet, your Honors, though it may be greatly wise to talk 
 with these past hours, ' ' And ask them what report they bore 
 to Heaven," how soon will it be, that the life of this Master, at 
 whose feet we sat, will have lost its force even by way of example? 
 
 Lawyers, sirs, live, labor and for the most part are soon 
 forgotten. After them, though they come to their end in the 
 ripeness of years and experience, what profit their quillets, 
 their cases and their tenures? They may have apparently
 
 carried their names full high advanced into the temple of fame ; 
 contemporaries may wonderingly hope forsitan et nostrum 
 nomen miscebitur istis yet the fame is mostly evanescent the 
 present sets its own limitations, and in days to come, the very 
 Nestors of the bar are often lost in the countless multitude of 
 those who are forgotten. 
 
 Yet, whatever all this may be, in general, may I not be 
 indulged in the hope that even in the distant future, upon some 
 appropriate commemerative day, the honorable deeds and 
 exemplary qualities of him whom Missouri now immediately 
 mourns, but whom the nation no less honors, will be recalled, 
 even as Choate invoked the past to give again to him the never- 
 to-be-forgotten Webster for the resplendent greatness of the 
 Son of New Hampshire does not so far outshine the massive, 
 robust mentality of the Son of Virginia. 
 
 " Such a character," said he, "was made to be loved. It 
 was loved. Those who knew and saw it in its hour of calm, 
 loved him. His plain neighbors loved him. Educated young 
 men loved him. The ministers of the gospel, the general 
 intelligence of the country, the masses afar off loved him. 
 Every year they came nearer and nearer to him, and, as they 
 came nearer, they loved him better ; they heard how tender the 
 son had been, the husband, the brother, the father, the friend 
 and neighbor ; that he was plain, simple, natural, generous, 
 hospitable the heart larger than the brain; that he loved 
 little children and reverenced God, the Scriptures, the Sabbath 
 Day, the Constitution and the law and their hearts clave unto 
 him." 
 
 I move, your Honors, that the Memorial of the Bar be 
 spread upon the records of this court that he who has thus 
 gone before, may be named henceforth softly, as the household 
 name of one whom God hath taken. 
 
 89
 
 MEMORIAL OF THE LOYAL LEGION. 
 
 DECEMBER 3, J898. 
 
 IN the death of James Overton Broadhead the members of 
 this Commandery mourn not only the loss of a companion , 
 than whom none was more honored and beloved, but also, 
 in common with the people of this State, of a citizen whose 
 long life was distinguished by conspicuous and exceptionally 
 important public service. 
 
 Born in Charlottesville, Albemarle County, Virginia, on 
 May 29, 1819, he removed to Missouri at the age of eighteen, 
 after having spent a year at the University at Virginia. Dur- 
 ing the next three years he was employed as tutor in the family 
 of Edward Bates, afterwards Attorney General under President 
 Lincoln, also reading law under the guidance of that eminent 
 lawyer, and forming a mutual friendship which lasted through 
 life. In 1842 he was admitted to the Bar of Pike County, 
 Missouri, where he settled, and for seventeen 3'ears pursued the 
 practice of his profession with constantly increasing success. 
 How rapidly he gained, how securely he held the public confi- 
 dence and esteem, was shown by his election, in 1845, to the 
 State Constitutional Convention held in that year ; in 1847 to 
 the House of Representatives from Pike County ; and to the 
 State Senate in 1851. In 1859 he removed to St. Louis, enter- 
 ing upon a larger field, and continuing a professional career 
 which soon won for him a national reputation. Thereafter he 
 resided in St. Louis until his death, on August 7, 1898, shortly 
 
 91
 
 after the close of his seventy-ninth year. During that period, 
 in addition to the labors of his profession, he was repeatedly 
 called upon to fulfill important public trusts. His eminent 
 ability, and the marked success and distinction which attended 
 alike his professional and his public career, have been, fitly 
 commemorated, not only in the loving and reverent memorial 
 adopted by his brethren of the St. Louis Bar, but in the impres- 
 sive and remarkable tribute to his memory by a large and 
 representative meeting of the bar and citizens of Pike County 
 held at Bowling Green, Missouri, on the 28th of November 
 last. It is for us especially to recall the military and other 
 public services he rendered in connection with the Civil war. 
 
 The members of this Commandery whose home was in St. 
 Louis when that conflict began, still vividly remember the 
 intensely excited feeling and the swift and stirring events which 
 attended its outbreak. Missouri, perhaps more than any other 
 of the so-called border States, was rent by the passions it 
 aroused. It was like an isthmus upon and over which fiercely 
 beat the angry tides of opposing oceans, each lashing the other 
 into greater fury. 
 
 The secession of South Carolina in December, 1860, and of 
 Mississippi, Florida, Georgia, Louisiana and Texas, by the first 
 of February, 1861, had its intended effect, in the phrase of that 
 day, to "fire the Southern heart." On, January 21st the Mis- 
 souri Legislature passed an Act calling a State Convention, 
 designed, as all men know, to force similar action upon the 
 people of Missouri, though its declared purpose was the adop- 
 tion of such measures as the convention might deem to be 
 demanded for the protection of the State and the vindication of 
 its institutions. A few months later, this purposely unlimited 
 grant of the sovereign power of the State proved fatal to the 
 plans of its authors.
 
 That St. Louis was not a secession city was soon demon- 
 strated by the majority of six thousand votes by which, at the 
 election for the convention held on February 18th, the fifteen 
 delegates on the Unconditional Union Ticket, of whom James 
 O. Broadhead was one, defeated their opponents on the so-called 
 Constitutional Union Ticket. Nor did any candidate through- 
 out the State venture openly to advocate secession. But so 
 openly defiant were the secessionists and so imminent the 
 danger to the public peace that in February, under the leader- 
 ship of Frank P. Blair, it was determined to meet force with 
 force, and steps were taken to organize with arms for the pro- 
 tection of the Union men. At the head of this movement was 
 placed a Committee of Safety, composed of Oliver D. Filley, 
 then Mayor of St. Louis, as chairman, James O. Broadhead, 
 who was appointed secretary, Samuel T. Glover, John How 
 and J. J. Witzig. This committee, in co-operation with the 
 military authorities, rendered invaluable services. By an order 
 issued April 30, 1861, by the Adjutant General of the United 
 States Army, upon which was endorsed the written approval 
 of President Lincoln and General Scott, General Nathaniel 
 Lyon, then commanding at St. Louis, was required to consult 
 with this committee in reference to the proclamation of martial 
 law, and it was after consultation with them that General Lyon 
 took the decisive step of capturing Camp Jackson on May 10, 
 1861, thereby securing the safety of the St. Louis arsenal and 
 shattering whatever hopes the Confederate authorities may 
 have cherished of gaining possession of the city. 
 
 The State Convention assembled at Jefferson City on Feb- 
 ruary 28, 1861, immediately adjourning to St. Louis, where it 
 sat until March 22nd, then adjourning, subject to the call of a 
 special committee. Of that body, perhaps the ablest and most 
 truly representative that ever assembled in this State, and 
 
 93
 
 which for more than two years exercised the sovereign power 
 of the State with courage, wisdom and moderation, Mr. Broad- 
 head was one of the most influential members, at all times 
 strongly advocating fearless and decisive action. At its second 
 session, in July, 1861, as chairman of a special committee 
 appointed to report what steps the convention ought to take 
 under the grave conditions then existing, he reported and 
 powerfully advocated the ordinance vacating the offices of 
 Governor, Lieutenant Governor, Secretary of State and mem- 
 bers of the General Assembly. It was adopted, as were all 
 important acts of the convention, by a clear majority of the 
 members elect ; and a provisional State Government was at 
 once established by that body, of which Hamilton R. Gamble, 
 eminent as a jurist, and formerly Chief Justice of the State, 
 was the head. 
 
 *In May, 1861, the United States Reserve Corps, composed 
 of a brigade of five regiments of Missouri three months volun- 
 teers, w r as organized by order of General Lyon under the order 
 of April 30, already mentioned. Captain T. W. Sweeney, of 
 the Second United States Infantry, was assigned to its command 
 as Brigadier General of Volunteers, and Mr. Broadhead was 
 appointed on his staff as Brigade Quartermaster with the rank 
 of Major. He acted for some time in that capacity, though 
 never regularly mustered into the service as such. 
 
 In the same year he was appointed United States District 
 Attorney, and rendered highly important service to the gov- 
 ernment in unmasking the plans of the deposed secessionist 
 Governor Jackson and his associates. During that year martial 
 law was declared in Missouri, and in June, 1863, Colonel Broad- 
 head, having resigned the office of District Attorney, was com- 
 missioned Lieutenant Colonel of the Third Cavalry, Missouri 
 State Militia, and assigned to the staff of Major General John
 
 M. Schofield, then in command of the Department of Missouri, 
 by whom he was appointed Provost Marshal General of that 
 Department, which embraced Missouri, Arkansas, Kansas, the 
 Indian Territory and the southern part of Iowa. He fulfilled 
 the duties of that office until February 6, 1864, when his 
 military services terminated. The mingled firmness and gentle- 
 ness with which he exercised its powers in the interest of public 
 order and safety is gratefully remembered and acknowledged 
 by those whom, in those troubled times, he found it necessary 
 to restrain. 
 
 After the Civil war he resumed the practice of his profes- 
 sion in St. Ivouis, with increased reputation and success, 
 appearing in numerous cases of great importance in both State 
 and Federal Courts, and remained in more or less active practice 
 until near the close of his long and useful life. In 1875 he 
 served as a delegate to the convention which framed and sub- 
 mitted the present Constitution of Missouri, of which body he 
 was one of the most prominent and influential members. In 
 1876 he was retained as special counsel for the United States 
 in the famous prosecution which broke up the so-called "Whis- 
 key Ring." In 1878 he was elected President of the American 
 Bar Association. 
 
 In 1882 he was elected to Congress from St. Louis, 
 and served with distinction on the Judiciary Committee of 
 the House during his term, declining a renomination. In 
 1885 President Cleveland appointed him Special Commissioner 
 to make examination with reference to French Spoliation 
 Claims, and in that capacity he spent several months in France 
 examining the government archives, and upon his report 
 Congress took the first action towards providing for the pay- 
 ment of these claims, which had been unsuccessfully urged 
 upon it for nearly a century.
 
 In April, 1893, he was appointed by President Cleveland 
 United States Minister to Switzerland, which office he resigned 
 in November, 1895, and upon his return to St. Louis accepted 
 the professorship of International Law in the Law Department 
 of Washington University, fulfilling its duties until his health 
 failed within the past year. 
 
 The closing years of his life were peacefully spent at his 
 home in St. Louis, in the bosom of a devoted family, and were 
 abundantly blessed by 
 
 "That which should accompany old age, 
 As honor, love, obedience, troops of friends. ' ' 
 
 His departure from the scene of his earthly labors called 
 forth throughout this commonwealth a universal tribute, such 
 as few men receive, of regretful and affectionate admiration. 
 
 In that heartfelt tribute the members of this Commandery 
 unite, recalling and honoring the public services he rendered 
 and the noble qualities he displayed in those times that tried 
 men's souls the courage which no danger could daunt, the 
 intellectual power which commanded respect and achieved well 
 merited distinction, the lofty patriotism and the high sense of 
 duty which controlled his actions, all of them adorned by a 
 gentle and childlike simplicity of character and demeanor which 
 made him universally beloved. 
 
 HENRY HITCHCOCK, 
 WELLS H. BLODGETT, 
 D. P. DYER.
 
 MEMORIAL OF THE VIRGINIA SOCIETY. 
 
 DECEMBER 13, 1898. 
 
 RT a meeting of the Virginia Society on Tuesday evening, 
 December 13, 1898, the following memorial was adopted, 
 and the secretary was requested to send a copy of the 
 same to Mrs. Broadhead. 
 
 On August 7, 1898, the Hon. James O. Broadhead, the 
 first president of the Society, departed this life. In appropri- 
 ate forums his career as a great lawyer and statesman has been 
 faithfully and eloquently portrayed. We desire briefly to refer 
 to his life as it touched us. 
 
 He was the foremost Virginian living in Missouri at the 
 time of his death. He had inherited and throughout his life 
 he stood for the best traditions of his native State. Born in 
 the county of Albemarle, in 1819, he had seen and talked with 
 some of the great Virginians who founded the Republic. 
 Breathing an atmosphere laden with the influence of their 
 lives, he was deeply affected thereby, for patriotism was one of 
 his marked characteristics. 
 
 For fifty years he was a conspicuous figure in the political 
 and professional life of Missouri, but though honors came to 
 him thick and fast they never marred the rare simplicity of his 
 character, which gave such a fascination to his personality and 
 made him in all his associations the highest type of the old 
 fashioned Virginia gentleman.
 
 Though always loyal to Missouri and St. L,ouis, he mani- 
 fested a deep and never failing love for his native State. The 
 lapse of years and the struggles of a life, busy beyond ordinary 
 capacities, never effaced from his mind the tender memories of 
 youthful friends and scenes. This he feelingly expressed in a 
 speech he delivered at the University of Virginia, in which he 
 said, "And now in conclusion let me say, and you will pardon 
 me for saying it, that this occasion possesses peculiar interest 
 to me, for here in the midst of these historic associations my 
 untra veiled heart fondly returns to my native home, where the 
 blue mountains and green fields first met my infant vision. 
 From my far off wanderings in the distant West I come, before 
 the shadows of the evening have closed around me, to renew 
 my devotions to the land that gave me birth." This feeling 
 grew with years, and he was fond of conversing with those 
 who were familiar therewith, about the scenes and history of 
 Virginia. Though of strong, robust character, one who proved 
 himself truly great in momentous issues, vitally affecting the 
 country, he was so sweet tempered, so gentle and even childlike 
 in his nature, that his friends loved to be with him and felt 
 enobled by the association. He was kind, generous to a fault, 
 chivalrous in action ' ' and even in his right hand he carried 
 gentle peace to silence envious tongues." 'The death of such 
 a man, who for more than half a century was a vital force in 
 the State, is always a severe blow. And we are especially sad- 
 dened by the reflection that it removes from our midst a type 
 of the statesman and citizen that made Virginia for so many 
 years the dominating spirit of the Union. 
 
 A few years more and there will be none to tell us as he 
 could, of the sound of their voices and the look of their faces, 
 for he was one of the last links that bound us to the fathers of 
 the Republic.
 
 The members of this society will cherish his memory as a 
 precious heritage, for his life blossomed with those virtues which 
 have been the best rewards to that noble array of Virginians, 
 whose lives in peace and in war have shed undying lustre upon 
 their country. Great as is our loss it is but small compared 
 with the shadow cast over his home, and to his family we 
 tender our sincere sympathy.
 
 MEMORIAL OF THE AMERICAN BAR 
 ASSOCIATION. 
 
 IN the death of Colonel James Overtoil Broadhead, which 
 occurred at St. Louis, Mo., August 7, 1898, the 
 country has lost one of those highly gifted lawyers who 
 have given strength, character and influence to the American 
 bar during the last fifty years, and a man whose intellectual 
 activity expanded far beyond the limits of the ordinary pro- 
 fessional practice into the broader fields of statesmanship, 
 international law and foreign relations. He was a man of 
 extraordinary capacity. 
 
 As the first president of this Association it is eminently 
 fit that a brief resume of his career should be preserved in its 
 records. 
 
 James Overton Broadhead was born May 29, 1819, in 
 Albemarle County, Virginia, and was educated in the Albe- 
 marle High School and the University of Virginia. While he 
 was quite a young man his parents moved to Missouri, where he 
 studied law with Edward Bates, who was afterwards Attorney 
 General under President Lincoln. He was admitted to the bar 
 at Bowling Green, Mo., in 1842, and after practicing in Pike 
 County and northeast Missouri for some years he moved to the 
 City of St. Louis, where he rapidly became identified with the 
 most important litigation of that commercial center. In the 
 course of time Col. Broadhead became in the true sense of the 
 word a leader, not only of the bar of St. Louis, but of the 
 West, and as such he enjoyed a national reputation. During
 
 his professional career Col. Broadhead was a member of two 
 Constitutional Conventions (1845 and 1875). This experience, 
 together with a remarkable adaptation to the consideration of 
 broad fundamental questions which he grasped and handled 
 with masterly vigor and discernment, brought him into great 
 prominence as a constitutional lawyer, and his opinions and 
 arguments on constitutional and kindred questions of public 
 law became a prominent feature in the judicial history of his 
 State. The cases in which he was engaged during his pro- 
 fessional career embraced a great variety of subjects, some of 
 them being of national prominence, as for instance, the ' 'Express 
 Company" cases, the "Mormon Church" case, and the famous 
 ' 'Whisky Ring' ' cases, in which he was retained as special coun- 
 sel for the government. Strong at all times and in whatever he 
 undertook, it was when thoroughly areused in a case of import- 
 ance that his oral arguments were so convincing in their 
 reasoning and so powerful in their expression as to remind one 
 of the great names which have graced forensic oratory in the 
 history of the English and American bar. 
 
 It is undoubtedly true that much of his professional success 
 was due to the fact that every tribunal before which he 
 appeared became immediately impressed with his perfect candor 
 and honesty. His face, his manner, his whole bearing through- 
 out the case carried conviction of his single-minded purpose to 
 present the issues with absolute fairness ; that he came before 
 the court with profound convictions and with the intention of 
 performing the most exalted function of the lawyer by aiding 
 the court in sifting out the very truth and justice of the matter 
 in dispute. 
 
 When the Civil war broke out Col. Broadhead took a 
 prominent and patriotic part in guiding and counseling the 
 civil and military movements in Missouri in the interests of the 
 
 102
 
 Union and in maintaining the authority of the Federal Govern- 
 ment. Recognizing his superior judgment and discretion the 
 government appointed him to the responsible position of Pro- 
 vost Marshall General of a department composed of Missouri, 
 southern Iowa, Kansas, Indian Territory and Arkansas. He 
 was also a prominent member of the Committee of Safety which 
 aided in organizing troops for the Union army under special 
 orders from the War Department. At the close of the war Col. 
 Broadhead resumed his law practice. In 1878 he was elected 
 the first President of the American Bar Association. In 1882 
 he was elected a member of the Forty-eighth Congress, serving 
 with distinction on the Judiciary Cjmmittee of the House dur- 
 ing his term. In 1885 President Cleveland appointed him 
 Special Commissioner to visit France and to make an examina- 
 tion with reference to the French Spoliation Claims, in 
 pursuance of which duty he spent several months in France 
 examining the government archives, and upon his report Con- 
 gress took the first action toward making provision for pay- 
 ment to the descendants of those whose claims had been so 
 long ignored. In 1893 President Cleveland showed his appre- 
 ciation of Col. Broadhead's ability as a statesman and diplo- 
 matist by appointing him Minister to Switzerland, a position 
 he held for about three years, when he resigned and returned 
 to St. Louis. During this period he settled a number of 
 intricate questions of international law involving the interests 
 of the United States and citizens thereof. After his return 
 from Switzerland he accepted a call to the Chair of International 
 Law in the St. Louis Law School, for which position his studies 
 and experience while abroad so eminently qualified him, and 
 he occupied that position until his death. 
 
 Col. Broadhead was a patriotic citizen, a great lawyer and 
 a lovable man in all the relations of life. He probably had
 
 more personal friends, warmly attached to him, than any one 
 public man in his State. 
 
 In conclusion, let it be remembered that there is one 
 quality necessary to true worth which Col. James O. Broad- 
 head possessed in an eminent degree, the integrity of character 
 which makes the good citizen and which makes the truly great 
 lawyer, and this brief sketch is best ended by quoting his own 
 words used in a public address, as follows : ' ' No man with- 
 out an upright mind, and no man who has not preserved his 
 integrity, has ever died leaving the reputation of a great 
 lawyer. ' ' 
 
 The memorial adopted by the Bar of St. Louis adds the 
 following to the foregoing quotation : "To this standard his 
 own life was adjusted, and the reputation he leaves perfectly 
 illustrates the truth of his maxim." 
 
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