1876.J -^7 - [Strong. 



BInney's powers. How well he performed the duty as- 

 signed to him, I need not say to the bar of this city 

 who heard him, or who have read his discourse. He 

 performed it " con amore.'' He knew the Chief Jus- 

 tice well. He accorded with him in his principles, ad- 

 mired his private character, and reverenced his judg- 

 ments. In him he found powers and principles like his 

 own, and by his eulogy he spread, in clearest light, be- 

 fore those who heard him, the qualities of mind and 

 heart that made the Chief Justice both great and good. 

 He depicted in unfading colors what the great magis- 

 trate had done, and held him up to that age and to all 

 future time as an immeasurable benefactor to the 

 country. 



In 1844, by appointment of the City Councils, Mr. 

 Binney argued in the Supreme Court of the United 

 States, the case of Vidal et al. vs. Girard's executors 

 (reported in 2 Howard, p. 127), in which was involved 

 the validity of the trust created by Mr. Girard's will 

 for the establishment and maintenance of a college for 

 orphans. The case had been argued at a previous term, 

 by Mr. Sergeant, and it is said that, discouraged by 

 the apparent uncertainty remaining in the minds of the 

 judges, he asked for a re-argument. Whether this 

 was so, or not, a re-argument was ordered, and Mr. 

 Binney, though years before he had withdrawn from 

 the state courts, accepted the appointment of the City 

 Councils, and argued the case anew. Of his argument 

 I have no space or time to speak as it deserves. The 



