it At
I
Ik








.................................................................................................................................
-X-X








OF
N I C H 0 L A S H: I L L,
A MEMBER OF THE BAR OF NEW YORK,'WHO-DIED
IQ, f...' -f of.ir bj "i
O2NF TE:r  1t GF' M=Y,- 18J9.
PREPARED AND PUBLISHED
Committee of t!e 3at of tie C~tb of NebW  ortt.
1859.








ICHOLAS HILL was born in Florida, Montgomery
County, in the year 1805.  His grandfather, a
native of Derry, Ireland, came to this country during the Colonial period, and settled in Schenectady. On
the breaking out of the Revolution, his two sons, NICHOLAS
and Henry, the former fourteen, the latter twelve years of
age, ran away from home and joined the American army,
with which they remained till the close of the war. It
was the fortune of NICHOLAS to serve under the Commander-in-Chief, Washington, with whom he was at the
final victory of Yorktown, and from whom he received a
testimonial under his own signature, (now in the possession of the family) of his faithful services.
After the war, he settled in Florida, Montgomery
County, where he remained till his death in 1856. In the
middle period of his life, deeply impressed with religious
sentiments, he became a preacher. He was a man of great
physical strength, of great force of character, stern in
a




principle, pure in purpose, simple, yet impressively eloquent a
and earnest.
His son, NICEOLAS, inherited these traits; and his independent spirit and individuality of character led him to
abandon home at an early age, and seek his fortune. He
maintained himself by teaching school, surveying farms,
&c., while he studied law, first in Montgomery County,
afterwards in Schohlarie, till, in August, 1829, he was
finally admitted to the profession, and entered into partnershiip with DEODATUS WRIGHT, in Amsterdam. Shortly
afterwards, Judge COWEN, of Saratoga, who was engaged
in the preparation of notes to Phillips' Evidence, associated Mr. HILL with him. The work, which was the fruit
of their joint labors, is one of great erudition, and of proportionate value to the profession. To Mr. HILL, the association with Judge COWEN was of important influence in
the formation of his character, offering that example of
singleness of purpose, devotion to his profession, and unwearied industry, upon which he modeled his own career.
He became associated with SIDNEY J. COWEN, a son of the
Judge, with THOMAS J. MARVIN, with WILLIAM A. BEACH,
and with Mr. BELDING, his brother in-law. On removing
to Albany, he again became associated with DEODATUS
WRIGHT, and with Mr. NASH; but in the latter part of 1840
he was appointed State Reporter, which place he held till
1845, publishing, during this term, a series of volumes
4




___________  / I  llliBI"III!  which constitute some of the most valuable of the New
York Reports.
On the termination of his office, he entered into partnership with PETER CAGGER, and the firm, with which JOHN
K. PORTER was soon afterwards associated, continued till
his death. He so systematised his business as to be able
to devote all his time and thoughts to the higher pursuits
of the law. He gave to it all his faculties, and all his
heart, and, loving it for its own sake, and not for its rewards, achieved in it a position commensurate with his
devotion. Though at one time nominated for representative in Congress, and at another for Judge of the Court of
Appeals, he was never an aspirant for office, and was only
interested in politics as they involved the great constitutional questions with which his studies made him familiar, and to the understanding of which his mind had
been trained, or as they enlisted that strong sentiment of
patriotism  which he inherited from  his revolutionary
father, and which nothing ever effaced.
The fame achieved in professional life leaves behind it
but few records; and even the notes of decisions and the
volumes of reports furnish very inadequate means of judging of the comparative standing or success of lawyers. It
is not too much to say that, by the common consent of the
bar, Mr. HILL stood foremost among the first. He was
associated in all the leading cases that arose in his time,
5




and especially in those in which the Court have been.
called upon to define the limits of constitutional power, or
defend the rights of citizens and communities.
Of late years, the habit of profound legal research grew
upon him; and with the feelings of a true lawyer, he gave
himself up to the study of each case before him, without
reference to. the amount or magnitude of personal interests
at stake, so muchas to the delicacy of the questions presented, and the character of the legal principles involved.
When devoting himself to such questions, the labors of a
long day were often prolonged far beyond midnight, to recommence anew in the morning, and be thus continued for
months. And yet, with all this devotion to his profession,
he was not indifferent to social life, nor incapable of appreciating and contributing to its pleasures. H-e preserved
his youthfulness of feeling, his freshness of heart, his noble
simplicity of character to the last. The perfect purity of
his life, and his singleness of ambition, in which he was so
successful, placed him above all temptations. He could
not be petty or unfair, or disingenuous. He could not
espouse a bad cause, nor take an unfair advantage of an
opponent, nor mislead the Court. He did not court wealth
or power. He loved good men, and natures frank like his
own. He loved good books, and often turned aside from
his studies to commune with the great thinkers by whom the
6




questions of eternal life, "fixed fate, fYee will, foreknowledge absolute," are discussed. 
The style of his writing was characteristic of the man.
His points of argument indicated great powers of analysis
and remarkable labor; but his argument was simple, lucid,
forcible, enriched by illustrations from history and literature, and imbued with the spirit of legal philosophy.
In spite of his devoted labors, his life was a happy one.
He loved his profession, and was successful in it. He
drew around him the ablest men in its ranks, and enjoyed
- their affection and confidence.
Though occasionally his mind gave signs of weariness, it
never failed, after a brief interval of leisure, to resume its
accustomed elasticity; and it was only when it gave way
altogether that his friends became conscious of the overwrought tension to which it had been subjected. He died
on Sunday morning, May 1st, 1859, in the fifty-fourth year
of his age, after an illness of a few days, the first threatening symptoms of which appeared to give way, affording
hope of recovery, until that last moment in which his spirit,
serene and clear in its faculties, suddenly took flight.
He was buried on the third day of May, 1859, the
Judges of the Court of Appeals and the members of the
bar from Albany, and from other cities of the State,
attending his remains to the grave.
He was not old when he died, yet he was so superior
7




d       3    ut11[ttof  of Wicgoll        U tlI.
"'=   and yet so simple in his nature, and so pure in character,
that venerating hands bore him to his hearse, and reverent
footsteps followed him to his tomb, as if the sanctities of
age had hallowed his life before its close; and yet warm
hearts will cherish his memory with all the ardors of
youthful love and remembrance.




T a meeting of the bar of the city of New York,
Mr. Justice NELSON, of  the  Supreme Court o f the   United,
S     tates, was c alled to the chair.
On motion o    f Mr. JOH SupreN AN B Court of the UnENited
Judge BETTS, United States District Court; Mr. Justice
ROOSEVELT, Presiding Justice Supreme Court; Chief Justice BOSWORTH, Superior Court; and First Judge DALY,
Common Pleas, were appointed Vice-Presidents.
On motion,
AMr. CHARLES TRACY and Mr. DANIEL D. LoRD were
appointed Secretaries.
MR. JUSTICE NELSON,
on taking the chair, addressed the meeting as follows:
GENTLEMEN OF THE BAR: We have met to pay our
respects to the memory of our deceased brother, NICHOLAS
9




HILL whose unexpected death occurred within the last few
days. I have known Mr. HILL ever since he came into the
profession, and have witnessed his advance to distinction
until he had reached and stood in the very front rank of
the bar of New York. He was a- man of a bright mind,
and of most indefatigable industry-an industry and devo.
tion to his profession which may well be regarded as an
example to the junior members of the bar. And eminent
and distinguished as lie was in his profession, he was, if
possible, still more so in the walks of private life, for high
social qualities, especially when mingling with his professional brethren, and, under all circumstances and in all
places, for the sternest integrity and honor. We deplore
his loss, and take a melancholy pleasure in presiding over
a meeting of his professional brethren, assembled to do
honor to his memory.
Mr. J. W. EDMONDS offered the following
Resolved, That in the death of NICHOLAS HILL, an
eminent member of our profession, distinguished as the
leading counsel in our court of dernier resort, the profession throughout the whole State have to deplore the loss
of a brother, endeared to most of them by professional as
well as personal relations, and whose exaltedmerits as a
lawyer were known to and estimated by all.
10




i &3olved Ta i               I              I!
-Resolved, That in the recollection of his untiring industry, his uniform courtesy of deportment, his sterling integrity, and the acuteness and expansion of his legal mind,
hlie has left us a memorial of professional attributes worthy
alike of our admiration and-our imitation.
Resblved, That we deeply sympathize with the Judges of
the Court of Appeals, and with our brethren of the bar at
the capitol, in the loss which they and we have alike sus
tained, and that we will unite with others in asking at the
hands-of that Court a proper testimonial of our common
regard tb his memory.
Resolved, That a committee be appointed, on behalf of
the bar of New York, to communicate to that Court the
sentiments here expressed.
MR. CHARLES O'CONOR,
in seconding the resolutions, addressed the meeting as follows:
MR. CHAIRMAN: In the death of NICHOLAS HILL, our
profession and the circle of our private friendships have
suffered a great loss. I would fain indulge in silence the
emotion it excites; but this may not be. His eminent virtues demand a public tribute, and though incapable of
doing full justice to them, I must contribute my mite to
the present testimonial.'             1'I~11




_ __F_
- Mr..TT.  was born in the year 1805; and at the age of:
twelve years, relying for the means of advancement upon 
his own unaided industry, le went forth from the home of
his youth, intent upon a career of honorable usefulness.
Our profession was his chosen pursuit; and even in the
associations of his novitiate, he developed the same wisdom
which marked his actions in after life. The library of
DANIEL CADY, the foremost lawyer in northern New York,
was  thetheatre of his earliest studies. That he was not
less modest, patient and assiduous, than enterprising, is
proven at every stage of his journey through life. He abstained from taking an admission to practice as an attorney until twelve years of diligent study had thoroughly
stored his mind with the prind with the principles of judicial science. He
took the first degree in 1829, and was admitted to the bar
in 1833.
He commenced his professional practice in a remote
country village; but he soon removed to Saratoga Springs,
where, amidst a circle of learned and laborious jurists,
with their example to cheer him onward, and their vast
libraries to feed his creasincrasing eagerness for the acquisition
of knowledge, he aid the laid the deep and solid foundations of
that learning for which he became so distinguished.
Twenty-five years only of professional life were accorded
to him; but in that space how much he accomplished.
First, let us contemplate the long term  necessarily occu12




-pied by the young lawyer in approving himself as worthy 
of confidence, by the severe test of actual experience, under
the eyes of the bench, the bar, and the -public; then the
progress ion, steady and gradual, as it must always be if
accomplished at all, from an estimation, merely local and
partial, to extended fame-the indispensable basis of high
professional success. In some instances these steps seem
to be achieved rapidly, each as it were at a single bound;
but in our profession an advance of this kind is generally
unreal. In Mr. HILL'S career each step was taken deliberately and on firm ground; each advance was marked
with substantial fruits.
Whilst at Saratoga, Springs, he performed a large part
in that gigantic task, the Notes upon PHILLIPS' Evidence.
Whole libraries were taken up, and their contents reproduced in a form the most useful to the bench and the practitioner that could have been devised. Years of incessant
toil were requisite to the completion of this work.
We next find him as State Reporter, immersed in the
irksome task of bringing forth order from chaotic masses
of that hardly legible manuscript in which our law papers
were usually prepared at that time. Seven volumes of reports, prepared with unsurpassed judgment and fidelity,
attest his skill, learning and diligence, during this period.
They have incorporated his name with the judicial history
of our State. 
13




' But it was after most of these labors had been peirformed
that Mr. HtILL reached the personal eminence as an advocate and a juris-consult, which brings home most distinctly
to us the deep feeling of regret we this day experience.
Retiring from the office of Reporter, Mr. HILL thenceforth
devoted himself exclusively to practice at the bar.
This was his true position. The-qualities here exhibited
may not carry his renown to future times as effectually as
his contributions to our legal literature, but they won for
him the universal admiration of his cotemporaries, and the
love of all who were so fortunate as to enjoy his society.
When summoned from earth, though he had only attained his fifty-third year, he held confessedly the first
place at our bar.
A purity of life that knew no blemish, an integrity that
no man ever impeached, even in thought, a love of justice
that shone out in every word he uttered, as an advocate, or
as an adviser, a calm, clear-sighted investigating intellectripened to fullest maturity and energy by fixed habits of
intense application-which never left, in any case, a relevant fact undiscovered, or overlooked a pertinent legal
principle ~ these, Mr. Chairman, were some of the qualities
which secured NICHOLAS HILL the applause of all, and the
unhesitating confidence of our highest judicial tribunal.
Commanding universal respect, the field of political
eminence was ever open to him; but with characteristic
14




. —-~ —~F  — C  iii
modesty he shunned its invitations. To the:urgency of
parties for his acceptance of nominations to office, he constantly returned denials. His official experience was indeed remarkable.  Over-persuaded to take the office of
District Attorney, whilst residing in Saratoga County, he
soon relinquished it. Assuming, at the earnest solicitation
of the Court, the honorable though: painfully laborious
office of State Reporter, he resigned it at the first moment
a capable successor would' be found. When it was thought
fit to revise the existing practice of our courts, Mr. HILL
was chosen by the Legislature as one of the Commissioners.
For once he assumed office with readiness. His active
benevolence saw an opportunity to do the people service,
and he sat down to the task with the alacrity which always
marked his entrance upon any field of useful labor. He
spread out before his capacious mental ken the whole existing practice. He determined "to subject it to a free and
thorough, though discriminating process of revision and
amendment, retaining such parts of it as experience had
proved to be really useful, and rejecting or reforming the
rest." I use his own words. Different views, however, prevailed, and Mr. HILL resigned.  "I am unwilling," said
he, " to remain longer in a position where it is impossible
for me to render any valuable service to the State." Those
who concur in his views of expediency will see in this
another proof of his far-seeing sagacity. All must concede



i causebefore tht ighib,hsngb  of i     ntoe
ito him the merit of having acted with the most pure andwot e 
ihe never subsequently acceptedmany public station;;- and
the ten succeeding years formed tde most brilliant portion
i                                              i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i
of his life. Constantly occupied in the court of ultimate
resort, and holding a brief on one side of every important
cause before that high tribunal, he was brought into
intimate professional and social relatiions with the prwholen
ear of houre. State. And here it was that his merits shonei
reorand holdigacbref pon one somidte of everyn importcants o
caumsein. before thecniatehig teribnle was broungh into
me'hin tiesenjdmaen pofessIIonal andsocial eainihtheswol
out with their highest lustre. To the admiration which
had been won by extensive learning, profound judgment
and unwearied industry, was now added love- for his kind
and amiable character. How he gained upon all hearts, I
have not language to describe. In the signs of emotion
exhibited around me, I feel that the memory of my hearers
recalls the proof, and amply supplies my deficiencies.
Still I must relate a single incident. When in the full
tide of his professional success, during one of the Spring
terms of the Supreme Court, held in this city, Mr. HILL
was placed upon the committee to examine applicants for
admission. a Among the candidates were two young gentlemen'who, in the stern judgment of 1Mr. 3HILL'S associates,
failed to exhibit the requisite acquirements. The decision
was undeniably just; even NICHOLAS HILL could not argue
against its justice; but he felt, and he said that it was
cruel. The young men were strangers to him, but they
16




were young men struggling with the trials of life  and  i
this was enough for NICHOLAS HIILL. He was at once
transformed from the austere champion of justice, as he
was known at the bar, to the suppliant for a gentler result.
To his manly intellect there seemed to be conjoined a
woman's heart. He besought his associates to a kindlier
conclusion, as a mother would crave indulgence to the failings of a beloved son.
In the last dread trial to which he has passed, perhaps
that effort of his benignant and merciful temper may have
carried with it a far richer blessing than the lofty intelleet which secured him so many earthly triumphs.
It greatly deepens our regret at his decease that Mr.
HILL'S capacity for professional labor seemed to have been
in no degree impaired. Many years of usefulness appeared
to be in store for him. During the last term of the Court
of Appeals he argued a greater number of cases than at
any previous sitting of the Court. On Saturday, the 23d
of April, he visited his office for the last time. At eight
o'clock in the morning, he commenced his preparation for
the argument of a cause at the ensuing term of the Court
of Appeals. Eleven hours of continuous application manifested the unimpaired vigor of his mind and body. Upon
the following day, an indisposition occurred, which at first
created no alarm, and for a time improvement was hoped
for. But he was unable to leave his house during the
17




- -
week, and  suddenly, on the following Sunday, his spirit
--  week, and suddenly, on the following Sunday, his spirit
passed from earth, apparently without a struggle.
Such, seniors of the bar, was the brother whose loss we
deplore. Such, juniors of the profession, was the bright
model of which you have been deprived. Such, gentlemen
students, was the friend of your class, whose kind spirit is
no longer left to encourage your progress, to smooth your
path onward, or, in the hour of trial, to cast in your favor
the weight of his influence.
The motion was further supported by
MR. JAMES W. GERARD,
who spoke as follows:
This is the first time that I have ever taken part in any
meeting of the bar, convened to pronounce eulogium upon
the memory of one of its deceased members, although they
have lately fallen around me like the autumnal leaves of
the dying year. I have always sat a silent listener to the
addresses of others, and have been content in the quiet
corner of the court room to reflect within myself upon the
passing scene, and upon the merits and memory of the departed brother.
It requires a nicely balanced mind, and a well regulated
sympathy in a speaker, upon such an occasion. Too much
feeling will render the eulogist unequal to the task, and
18




medium must be carefully observed by which the speaker
ishag, wll fall coldly and listlessly upon the ear. The just
shall refrai from fulsome compliment on the one hand,ther.
and-cold praise on the other.
It is therefore with a perfect consciousness of the delicacy of the task that I have yielded to the solicitation of
the gentlemen who have convened this meeting, to cast my
stone upon the cairn which this meeting shall erect to the
memory of one whom none knew but to honor, whom none
spoke of but to praise.
The esteemed advocate who has preceded me has well
portrayed the legal acquirements, the unwearied industry,
the indefatigable energy of our deceased friend, by which
he justly attained the front rank in the championship of
the bar.
He has well described Mr. HILL as the profound lawyer,
the clear commentator, the accurate Reporter. He has
well painted that devoted fidelity to the interests of his
clients by which he made every cause his own; and whether
it involved great or small pecuniary interest, was analyzed
with an industry, and weighed so nicely in the scales of
judicial authority, as to bring out in bold relief its elements of success. He has adverted with touching truthfulness to that honorable ambition by which this enthusiast
19




in his profession carved his way to fame, but to which he 
l   fell a victim and was sent to an early grave.
It was my fortune, many years ago, to have encountered
Mr. HILL as an opponent, in the first cause of magnitude
with which he ever was intrusted; and the zeal, intelligence and legal knowledge which he evinced on that occasion first brought him into public notice, and laid the.
foundation of his future fame. It was an exciting contest
between antagonistic parents for the custody of an infant
child. It was a case which led to angry debate, and being
one which involved the novel question of parental rights,
largely engaged the public attention. The arena was the
shaded grove of Chancellor Walworth's mansion, in the
beautiful village of Saratoga Springs, and many strangers
who had congregated at that fashionable watering-place,
thronged the little court room, and eagerly listened to the
novel and exciting debate. Mr. HILL, representing the
father, had thoroughly stored his mind with all the book
learning of the common law of England, and piled his
authorities one upon the other mountain high, in favor of
the father's paramount claim to the custody of his child.
But the improved spirit of the age, the change in the tone
of society in regard to the domestic relations of husband
and wife, and parent and child, and the respect ins the
present day conceded to woman's intelligence, prevailed'
over the black letter law of past centuries, and the claims
20




i,.' 1111_
of the mother prevailed. (8 Paige R. 47, Barry vs. Mercein.) Throughout the whole of that exciting law-suit,
which lasted for many years, on appeal through the several
courts of the State, and in very many other cases in which
Mr. HILL and myself were opposed, there had never passed
between us one angry word, or a departure from that delicate courtesy and respect to his antagonist which so distinguished him in his professional career. Whether victory
perched upon the banner of the one or the other, our
friendship was never shaken by any exultation of triumph
over him who was defeated.
The last cause in which I encountered him in the legal
arena was one recently in the Court of Appeals, involving
a large amount of property, and great questions of legal
interest. He was brought into' the cause rather hastily,
and not long before the argument. Full points had been
sent to him. An ordinary lawyer would have done his
duty, and would have been satisfied to make the argument
upon the platform laid out for him. Not so Mr. HILL.
He threw them aside, and with infinite labor, in two days
produced new points, most scientifically elaborated, on a
case spread over a large volume. I had the last word in
the argument, and summoned to my side all the power I
was master of to beat down his views. When I had
finished, he said to me, with a diffidence always allied to
merit, that he felt that he had not done justice to his
21




clients. The result showed that he was mistaken; he suec ceeded and obtained the judgment of the court.
But it is superfluous to speak of and to eulogize our
friend's legal acquirements, the knowledge of which is coextensive with the State, and is familiar to every member
of our extensive bar. It is of Mr. HILL'S character as a
man and as afriend that I would speak-of the qualities
of the heart, rather than the head-of his courteous demeanor as a high-toned gentleman-as one of nature's
noblemen-of one who had a soul —who possessed human
sympathy in an eminent degree, and whose heart overflowed
with love and kindness for his friends. These were traits
in his character beyond his profession which shone out
conspicuously to those who knew him best, and which gave
a lustre and a charm to his legal learning.
It was when he laid aside his legal harness, and in social
converse among his intimates in private life, that the fine
qualities of his character broke out, and a mind all intelligence and a soul all sympathy rose superior to the black
letter lawyer of the courts. Then he threw from him for
the while his Coke and his Lyttleton, his Blackstone and his
Bacon, and as the social gentleman and warm friend, would
discourse on topics of art or science, of taste and travel;
and no man could be in his society and hear him philosophise on such subjects, without improvement, as well as
pleasure.
22




He would love to listen to accounts of Europe; its
~   statuary, its paintings, its architecture and institutions, its 
history and political associations, and would lament that
he had never had the time -and opportunity of visiting
these scenes of his imagination, and judge of them for himself. His ardent desire was that he might one day be able
to revel amid those subjects which it was his delight to
read of, and hear described by those who had been among
them.
He had a passion for spending a large portion of almost
every summer at the sea-side, and I have often passed
pleasant days with him in social converse on the broad
piazza of the Pavilion at Rockaway.
There he would gaze upon the restless sea, and watch
the rolling billow as it came, and listen to its ceaseless
roar; the sea, whose waves had rolled and rolled from
creation's dawn, and would not cease to roll till chaos
came again. There would his eye linger upon the setting
sun, casting far upon the waste of water its golden hues,
and lighting up with its tinted fires the crest of the rising
billow. There would he watch wave chasing wave, from
the gentle swell that, far out at sea, first formed itself, and
growing as it approached, and raising its towering head,
would dash itself upon the shore, and then be lost for ever.
Such, he moralized, was human life; new-born generations
chasing before them those who had just filled the high
23




g       113totttttgS~~~~~~~~~~~~~~~~~~tf the~iii 1.......
places of the world, until they in turn were overwhelmed
by those who pressed behind and were lost upon the shore
of eternity. And then the departing sun (like the good
man whose character lives after him) would send upwards
far into the summer clouds its last setting beams, and
gild the upper sky by its reflected glories, long after it had
ceased to shine directly on the scene.
Let not the world suppose that the dusty volumes of the
dry law choke the imagination, eradicate sentiment, or
smother human sympathy. No man enjoys nature more
than the educated lawyer out of court. Just in proportion
as he is pressed down by the cares and anxieties of his profession, when the pressure is removed, his natural sympathies and feelings will rise with increased elasticity. In a
word, we may say of our friend, humanly speaking, that
his professional and private character were perfect; there
was no blot upon his escutcheon.
To the younger members of the bar who hear me, I
would hold up Mr. HILL as a marked example for their
imitation. I would impress upon their minds this great
truth -the possession of talents without private worth and
good character only serve to render the possessor a more
conspicuous mark for criticism and invective. That lawyer who addresses a court or jury, to convince or persuade,
with a consciousness of a high individual character, feels
in that consciousness a tower of strength; he is armed
24




with mail, not vulnerable; no, not even in the heel. And 
the young lawyer will soon learn that a Judge and jury
will yield a deference to the opinions and arguments of
such an advocate, which gives him a mighty advantage over
the counsel upon whom and whose arguments the Judge
and jury look with prejudice. The law is a noble profession to pursue; but the lawyer, by his power in that profession, may prove a curse or a blessing to his fellow-men;
a sword to pierce, or a shield to protect. Mr. HILL'S
private character and private worth gave him great a~dvantages and commanding influence over juries and Judges,
whom he was in the habit of addressing.
To his immediate family, his sudden loss is irreparable
no language of sympathy can soothe the agonies of its bereaved members. All we can say is, "let the stricken deer
go weep." A year since, I became acquainted with the
only son of our friend, like him in form and feature, and I
trust that he may be like him in character. I was most
favorably impressed by him. May his father's mantle fall
upon him; may it fit him, and may he wear it gracefully.
Mr. JAMES T. BRADY said:
MR. PRESIDENT: If I consulted my discretion alone, I
would abstain from speaking on the present occasion, but
this might seem to exhibit want of consideration for the
D  -.     -25




,i,,.i
after in contemplating the decease of  Mr.  ILL,   it is not
committee) who did me the honor to request my presence
here, and I will utter a few words about our departed
brother. What I have felt, now feel, and must feel here.
after, in contemplating the decease of Mr. HILL, it is not
in my power adequately to express. I admired, respected,
loved him. He deserved in an eminent degree whatever
of either feeling might be entertained for him; and from
our ranks, so often assailed of late by the fell destroyer, no
victim could have been selected by Death whose sacrifice
could awaken deeper or stronger sensations in our hearts.
Like many others present, I made the acquaintance of
our brother at a period when the terms of the Courts of
Errors and Chancery, and of the Supreme Court, brought
together lawyers from every part of our State. We had
then a State bar, ere changes, in this respect to be deplored, disturbed and perhaps terminated for ever the fraternal associations which existed under our former judicial
system. We look back upon those by-gone days with
mingled pleasure and regret. They were to me the halcyon hours of professional life, and from the retrospect
which relumes them, many a recollection gleams forth of
social and cheerful reunion. But as the light thus flashed
from memory swiftly dies out, there appear in the succeeding gloom the names of the unforgotten departed, the companions of our "golden prime," the eloquent and successful GRAHAM; the terse and caustic DE WITT; the zealous
26




yo —NCW  ~rtu  Mark! and persevering BLUNT; the quiet and learned DODGE;
but I will not complete the list of our brothers from the
bar of this city, passed away from us for ever and for ever.
With all these Mr. HILL was familiar; by all of them he
was properly appreciated. All of us admired his fine intellect, thorough research, untiring industry, clear analysis,
and mature judgment. All of us loved the genial, simple,
affectionate and truthful qualities of his kindly nature.
Who can ever forget his modesty? Who has not seen him
when he rose entirely prepared to instruct and convince a
court to illustrate his power, enrich jurisprudence, and
adorn his own fame?  Who has not seen him at such a
moment with a blush upon his cheek, warm, truthful and
natural, as that which tinges the features of the startled
girl? With how much gratitude do many of us remember
his generous conduct toward those with whom he was associated in an argument. He spared no pains to make his
colleague acquainted with all that his own masterly preparation had secured. If that colleague faltered or stumbled, our brother cheered him on, and with strong intellectual grasp upheld him, pointing ever to the right path,
and emitting over its every step, from the fullness of his
own enlightenment, " the gladsome lights of jurisprudence."
And now this great lawyer,. warm-hearted friend, amiable
companion, kind and faithful brother, and excellent man,
is gone-gone far too early in life-gone while yet in the
27




midst of his usefulness, and this because of excessive, unbroken, severe labor. Thus have many of our number fallen, and thus we have reason to apprehend that others may
go from us, unless admonished by frequent instances, they
let the over-tasked brain have occasional and refreshing
repose, and feel that attention to health is entirely compatible with fully satisfying all the demands of duty.
To our cherished brother, HILL, let us breathe another
farewell, and utter the fervent prayer that as he was deservedly honored and loved in this life, so may he be happy
and glorious in the life to come.
Mr. STEPHEN P. NASH
then spoke as follows:
MR. CHAIRMAN: The fact that while I was a student at
law, and for some years following, my relations with Mr.
HILL were quite intimate, and that what I then learned of
him may add something to the general estimate of his
character, will, I trust, be considered an excuse for detaining this assembly'a few moments longer.
I was still a school-boy when, about the year 1833, Mr.
HILL came to Saratoga Springs, to enter on the preparation of that edition of "Phillips on Evidence," with which
his name is now connected, and on which Judge COWEN
had already made considerable progress. He must then
28




have been about twenty-six or twenty-seven years of age
and had been married but a year or two. He came from
Amsterdam, where he had practised law for a short time
with the Hon. DEODATUS WRIGHT, now of Albany, and
lately one of the Justices of the Supreme Court in the
Third District.                -
The work on which Mr. HILL was engaged was already
far advanced when I entered Judge COWEN'S office as a
student. I was soon called upon to aid in the correction
of proof sheets, the verifying of citations, and other similar
labor, and was thus brought into close observation of Mr.
HILL'S daily toil. In reference to this period of his life, it
is perhaps sufficient to say that it was one of incessant,
laborious and faithful industry.
The spot was favorable to such a life. Judge COWEN'S
offices and library were at the foot of his garden, in a retired part of the village. A stone building, between an
outer office fronting on the street, and a rear room opening
into the garden, held the library, Judge CowEN'S pride, as
the fear of its loss by fire was his great anxiety. In the
outer office, Judge COWEN'S son was engaged at such intervals as the practice of his profession allowed him, in the
preparation of an enlarged edition of the Justice's" Court
Manual," which his father in early life had published. The
inner room was occupied by Judge COWEN and Mr. HILL.
IntILL laid broad and deep this quiet spot, Mr. HILL laid broad and deep the founda29




IWO                rote Z tB      of the
tions of that learning; there cultivated that spirit of I
patient and thorough research, that diligent and exhaustive
analysis, which became the sure guarantees of his future
fame. The library was a large one for the country, complete, or nearly so, in English and American Reports, and
from these numerous volumes Mr. HILL, with pains-taking
diligence, selected the cases which bore upon his subjects
and by careful discrimination and thoughtful study compelled, from conflicting decisions and distracted dicta, the
subtle principle that governed them.
Much has been said, sometimes disparagingly, of the
manner in which this work is constructed. Two large
volumes of discursive notes, appended to one volume of
text, seem indeed disproportionate, and the work would
undoubtedly have given more general satisfaction had it
been a fresh treatise. But portions of the notes had been
already printed when Mr. HILL began his labors, and the
materials increased upon the hands of both the editors to
an extent far beyond their original conceptions. But no
lawyer, it seems to me, can use this book long without
being conscious of its great practical value, and coming to
prize the clearness of its discussions, and the fidelity with
which the numerous cases cited are digested. There are
some heads of the law which are nowhere else so fully or
so ably treated, as, for example, the head of the conclusiveness of judgments and decrees, as affected by the jurisdic30




tion of the tribunals rendering them, the subject-matter in>   volved, the parties named in the suit, and other kindred
topics contained in the second volume of the notes, the
volume in the preparation of which Mr. HILL had by far
the largest share.
This work on Evidence was not published till 1839. The
completion of it was interrupted by Mr. HILL's professional
avocations, as he had some years previously opened an
office in Saratoga Springs. This village was at that time
quite a centre of judicial and professional activity. While
Judge COWEN, at one end of it, was pursuing his laborious
career, Chancellor WALWORTH, at the other, was toiling
under the administration of the equity jurisdiction of the
State. Judge WILLARD, then Circuit Judge and Vice
Chancellor, also resided in the village. Many present
doubtless, recollect with pleasure the summer terms held
before the Chancellor, in his quiet office at the north end
of the village.  These terms naturally brought much
equity business from abroad, and it was not long before
Mr. HILL'S services were in requisition. In the summer of
1839, in the case to which Mr. GERARD has alluded, of The
People on the relation of Barry vs. Mercein, (reported in
8 Paige,) Mr. HILL was employed by the relator, Mr.
BARRY. The proceeding was instituted by Mr. BARRY to
regain the custody of his infant child, withheld by its
mother, who had left her husband, and was living with her
81




X    parents. Mr. BARRY had told with much feeling the story   ~.
~-  of his wrongs, and had enlisted Mr. HILL's warm  sympathy. T'he reputation of the opposing counsel had preceded
them.  Mr. HILL had never before, I believe, encountered
any of the leading lawyers of this city. He now threw all
his energies into his preparation for the argument of this
case, and well do I remember the pride which his younger
associates felt in seeing him matched against the most
eminent counsel at the bar, and witnessing the ability
which he then displayed.
The discussions in this case, and the controversy growing
out of Judge COWEN's refusal to discharge McLEoD on
habeas corpus, led -to the valuable treatise on this writ,
published by Mr. HILL in the appendix to the third volume
of his Reports.
In 1840, Mr. HILL was appointed State Reporter; and
after the preparation at Saratoga of one or two volumes of
Reports, removed to Albany, with Judge COWEN's son,
SIDNEY J. COWEN. The early death, a few years later, of
this gentleman, at the opening of a brilliant career, left a
place in Mr. HILL'S firm which I was' called to take.
Again I became a witness to the same laborious honesty in
the preparation of his Reports which I had seen bestowed
on his earlier work. In selecting the cases to be reported,
he regarded chiefly the permanent value of the decision, rejecting, so far as he felt himself at liberty to do so, every32




thing of only local and fugitive interest. In preparing the    4
cases for the press, he labored to compress the statements 
of facts into the smallest space, and removed from the
opinions of the Judges such details as his own narrative
rendered superfluous. IHe spent hours in condensing and
remodeling the syllabus or head-note, till it should succinctly, clearly and accurately express the very point of
the decision, and frequently added valuable discussions on
kindred topics suggested by the reported case.
His reports have been very generally considered as
models in every respect. No copyright price per volume
could tempt him to swell their number, to heap into them
masses of mere print, or to do his work hurriedly or negligently. They will bear the most rigid scrutiny as specimens of honest, faithful book-making.
Judge CowEN died early in 1844. His library had been
brought to Albany by his son; and after the death of the
latter, the settlement of his estate rendered the sale of it
necessary. It was bought by Mr. CAGGER, who had just
then dissolved a long connection with the late SAMUEL
STEVENS. This library was one of many inducements that
led to Mr. HILL'S partnership with Mr. CAGGER. By this
arrangement Mr. HILL avoided the loss of the books which
had been so long his companions. The library has been
kept in his office ever since, and thus for over twenty-five
years it has been Mr. HILL'S constant home, He had be83 -----  — L




MMWI
come almost "demi-natured" with its contents, not as a
mere book-worm, however; he was rather an oracle of the
law, of which these books supplied the flame.
Mr. HILL'S professional business now rapidly increased,
though the reputation of the late SAMUEL STEVENS and of
Mr. MARCUS T. REYNOLDS, of Albany, was still at its
height; and in 1845 he resigned his office of State Reporter. From this time he took rank among the acknowledged leaders of the bar, and his great merits as a lawyer
became widely known. It is not necessary, therefore, therefore, that
I should trace farther a career which has been justly characterized in "words fitly spoken " by gentlemen with whom
it brought him  in more direct contact.  In looking back
upon this career, however, I am  reminded of MILTON'S
lines:
"Fame is the spur the spur the clear spirit doth raise,
(That last infirmity of noble mind)
To scorn delights, and live laborious days;
But the fair guerdon when we hope to find,
Comes the blind Fury, with the abhorred shears,
And slits the thin-spun life."
Before his thin-spun life was cut short —a life that
always seemed to have but a slender hold upon his spare
and attenuated frame, Mr. HILL had found this "fair
guerdon" of fame, so much of it at least as waits upon
great lawyers; but I- never thought that fame-such fame,
at least, as in "broad rumor lies — was the spur of his
34




_ -
N- -t eWornt   ar,
effort. Rather, I think, he was drawn on and enticed by
an innate desire of perfection, of doing well and thoroughly
whatever he undertook. He used none of the arts by
which notoriety was accomplished. He forgot himself in
his work.
If I spoke of Mr. HILL'S qualities of, intellect, I should
probably betray some of that ardent admiration by which,
when a youth, I was carried away; but the fond appreciation with which, as a student in his office, I looked up to
what seemed to me his great intellectual ability, and the
eminence which I then anticipated for him, are verified
to-day.
I have heard it surmised that Mr. HILL was a mere lawyer. If by this is meant that his intellectual activity was
chiefly in the walks of his profession, it is true; but it is 
not true that he had no tastes outside of that profession.
He was familiar with the best English literature, and a
lover of good books; and when he could throw off the
thoughts of his work, he was a most delightful and genial
companion. His tastes were refined, his sensibilities lively
and delicate, his nature frank, and without guile, his heart
warm and true. For myself, I can never forget how much
I am indebted to him for example, guidance, encouragement, nor the unfailing kindness which, in boyhood, and
ever afterwards, I always received from him.
Doubtless he gave himself up too exclusively to that
35




science which, noble as it is, needs the tempering of other 
studies; but Providence, in guiding each one of us to our
vocation, seems to indicate that in it should our chief usefulness be looked for; and the devotee of the law is dedicated to a large obedience. To the high praise of Mr.
HILL it may be truly said, that he practised his profession
nobly, being above all low or sordid motives, all envy or
The chair appointed Mr. JOHN W. EDMONDS, Mr. GILBERT DEAN, and Mr. STEPHENP. NASH, as the committee
to communicate the proceedings of the meeting to the
Court of Appeals.
And the meeting then adjourned.
36




!~  VERY large meeting of the bar convenesd in the
Court of Appeals room at 12 o'clock, noon.
ion. LYMAN TREMAINE, Attorney-General, moved
that Judge JOHNSON, Chief Judge of the Court of Appeals, preside, which was agreed to.
J. V. L. PRUYN, Esq., and CLARK B. COCHRANE, Esq.,
were appointed Secretaries.
ATTORNEY GENERAL TREMAINE
then addressed the meeting as follows
MR. CHAIRMAN AND BRETHREN: An acknowledged leader
of our profession has fallen! He, whose varied and extensive legal attainments were universally acknowledgedhe, who in his professional contests was never defeated
when he was entitled to succeed by the merits of his cause
-he, who was the victor in so many hard-fought intellectual combats-he, whose superior in all the element
that constitute the eminent lawyer and the accomplished
37




jurist, can not, in my humble judgment, be found at the 
American bar-has finally been arrested in his career; and 
in the struggle with an adversary more powerful than ally
he had before encountered, has been vanquished and slain
upon the field of battle! No enemy in human form has accomplished this work! It required a superhuman foe-the
conqueror of princes and of emperors-of statesmen and of
orators-of warriors and of heroes —one more powerful
than Cicero or Demosthenes, than C(esar, or Alexander, Or
Bonaparte!
We, who are the mourning survivors in the profession
which had the distinguished honor of claiming NIcaHoLAs
HILL as one of its members, have assembled on this occasion to take some suitable notice of our bereavement.
We have not met to pronounce that elaborate eulogium
upon the deceased which is so eminently due to his life and
character. To us, who knew him so intimately, that would
seem wholly unnecessary, either to perpetuate his greatness
or to preserve the memory of his virtues. We remember
his modest and untiring nature, and it seems to us that, if
his own wishes during life could have been consulted, they
would have pointed to a less ostentatious method of ex- hibiting our affection and regard.
With such views we meet to-day. We would condole
with each other upon our great loss-we would derive
some consolation in this hour of affliction from the con38




-~~.,-=   1            1...__~=f —. 
templation of his brilliant career, and especially would we
II  dwell upon the noble and manly virtues Lhat clustered
around his brow.
We come as friends, as brothers, as members of the same
professional family. We come to mingle our sympathies
together-to sweeten the bitter contents of the cup that is
presented to our lips-to weave a few garlands of flowers
with the cypress branches to be laid upon his grave.
The occasion seems appropriate to make a brief allusion
to those traits of character which had placed Mr. HILL in
the high and commanding position at the bar, that he occupied at the time of his death. When I first knew Mr.
HILL, he was in the full tide of an extensive and successful practice, and had laid the foundations of that enviable
reputation which he finally attained. Both of us passed a
portion of our clerkship in the office, and under the instructions of the same lawyer. I remember well with what
earnestness and enthusiasm this gentleman was wont to
speak of the ability and tact that had been exhibited by
Mr. HILL during his clerkship in his office. He took great
pride in his professional success, and often alluded to it as
affording a complete fulfillment of his early predictions in
reference to one whom he pleasantly called his " boy."
From such a commencement, Mr. HILL advanced, step by
step, with sure and steady progress, by severe discipline
and persevering study, up through the different stages of
39




__                  roccr~ings of tjte
| his profession, until at last he reached the highest round in
the ladder of professional eminence. I think I do no injustice to the eminent and illustrious lawyers who were
Mr. HILL'S cotemporaries, in declaring the opinion that
when death marked him for his victim, he was retained to
argue more causes in the Court of Appeals than any lawyer in the State, and that among his professional acquaintances, and on the bench, he exercised an influence and
commanded a respect scarcely equaled, and certainly not
surpassed.
If the youthful aspirants for professional honors should
ask me by what means he reached this position and acquired this influence, I should answer, that it was only by
severe study, by continuous untiring labor, and by the unremitting application of all the energies of a strong and
vigorous intellect to the profession which he loved.
He possessed a mind imbued with strong common sense.
He was, in moments of relaxation, overflowing with wit,
humor and pathos. In his forensic arguments, however, he
rarely availed himself of the aid which these qualities
furnished. In early life, he was deemed a most formidable
antagonist before a jury at Nisi Prius. Of late years,
however, he had abandoned the field to his younger partner, and confined his labors to arguments before the
Court. Here he found congenial employment. Here he
was always at home.
40




He never relied exclusively upon his own ideas of what
the law was; but, like a true and devoted lawyer, he was 
willing to subject his own impressions to the test of adjudication. He did not profess to be wiser than the great
luminaries whose wisdom and learning have been con.tributing, for centuries, to establish and improve the body
of the Common Law. He did not believe that all wisdom
was monopolized by the present age and generation, nor
did he think he could reach conclusions with unerring accuracy by intuition or his own unaided reason. He was,
therefore, in its fullest sense, a student. Possessing one
of the finest law libraries in this country, he never wearied
with digging among its hidden treasures for that knowledge which was necessary to satisfy himself, and particularly to enable him to satisfy the Court. No miner was
ever more persevering and enthusiastic in.searching for
gold than was he in his pursuit of learning. No lover was
ever more devoted to his mistress than was Mr. HILL to
his profession. Such industry produced its fruits.
He was a walking library. Never satisfied with his
search until he had traced a principle to its source, and
ascertained the reason upon which it was founded, and then
pursued it in all its ramifications and modifications, his
mind became a well filled storehouse of legal knowledge.
You could not apply to him  for information upon any
branch of legal science connected with the Common, Civil
F                                41




VJo ccttt init   of t tO
Statute, or Constitutional Law, without being at once impressed with the extent and variety of his attainments.
Indeed, my conviction of truth requires that I should add,
that if he erred at all, it was in the depth and extent of
his devotion to his profession. It.was in allowing this
to become too absorbing, and thereby encroaching upon
the time which could have been conferred upon society
with so much advantage to it, and possibly too, disregarding the laws of recreation and of health. He resolved,
however, to stand at the head of his profession, and long
since he had accomplished his purpose.
But while we do homage to his accomplishments as a
learned lawyer, what shall I say of him as a citizen —as a
companion-as a man? No person can do justice to this
branch of my theme, unless he has had the high privilege
of associating with him in those occasional periods when
all care was thrown aside. Then the real goodness of his
nature was seen and appreciated. On such occasions he
resigned himself to the spirit of the hour with an abandon
that was charming. He became playful as a child. His
genial characteristics won your regard, while his cheerful
mirthfulness became irresistibly contagious. You saw before you not the grave lawyer whose ability and learning
swayed the decrees of Courts, but only the merry and
lively comrade whose gravity, if it was put on, was only
42




|   banga   Iar.
~    assumed to give more point to an anecdote, or to carry a
E   jest home to its destination.
Death is rarely a welcome visitor. In this instance,
however, it is doubtful whether it could have come at a
period more unobjectionable, so far-as relates to the reputation of its illustrious victim. The loss will be mainly
that of his family, for whom he would have preferred that
his life could have been prolonged, and of the public, who
will scarcely be able to supply his place. He died in the
full zenith of his professional fame. He had reached its
summit. He died before the corroding finger of advancing age had touched his mental faculties, or dimmed the
clearness of his intellectual vision. He died, as I think he
would have preferred to die, in the field of his active labors,
and with the harness on. No long and wasting disease
preceded his dissolution; but while he was full of hope for
recovery from illness, his spirit passed to the other world
quietly, peacefully, and like one calmly going to sleep..
Let us cherish the memory of his virtues. Let us strive
to imitate those rare qualities which enabled him to die
without an enemy. Let us cultivate that ingenuous frankness which was one of the secrets of his influence and
power. I take this occasion to suggest to my brethren of
this city the propriety of obtaining a full length portrait
of Mr. HILL, to adorn the walls of this room, between the
portraits of ABRAHAM VAN VTECTEN and DANIEL CADY.
43




0 roce L.        IDi of t 1)
I concede that this is not necessary for the preservation of 
his legal reputation. No! Mr. HILL'S arguments, or so
much of them as has been preserved, his connection with
the leading cases for many years, the monuments of his industry and learning as an author and reporter, have identified his name with the legal history of this State, and there
it will forever remain. But our really great lawyers are
becoming so like angel visits, that it seems to me that we
should have Mr. HILL'S likeness before us, in the Court
room, to stimulate the rising generation of lawyers to follow his example. If the suggestion meets with your approval, it will afford me great pleasure to unite with you
in accomplishing that object.
We are forcibly reminded by this sad event of the tendency to sudden death created by the confinement and absorbing nature of our professional pursuits.  Is it not the
part of wisdom to pay more heed to the laws of health, to
play more and work less? But especially, is it not our
duty to conduct ourselves in such a way that death will
never find us unprepared?  We believe that "the trumpet
shall sound and the dead shall be raised incorruptible, and
we shall be changed. For this corruption must put on incorruption, and this mortal must put on immortality."
"Determined are the days that fly
Successive o'er thy head,
The numbered hour is on the wing
That lays thee with the dead.
44




Great God, is this our certain doom?
And are we still secure?
Cw~~~ ~             ~Still walking downward to the tomb,
And yet prepare no more? "
In conclusion, I move  that a committee  of seven  be  appointed by the Chairman  to  report resolutions expressive
of the sense of this meeting..
45




MEETING of the members of the bar of Rensselaer
County was held at the Court House, in the city of
Troy, on the 6th instant, to express their regret at
the death of the late distinguished NICHOLAS HILL.
W. A. BEACH, ESQ.,
then addressed the meeting as follows
The occasion which collects us is no ordinary one. Our
presence here is no unfeeling formality. Our offering today is not mere lip service-the vacant ceremonial of custom. The calamities of life often arrest attention for a
moment, ill our hurried and tumultuous progress. We
pause awhile, and look upward and beyond the transitory
things of earth, startled into deep but transient consciousness of the immortal within us. The cares and aspirations
and duties of the world soon erase the impression. Careless of the monition, we quickly resume our place in the
long procession of earth-worshipers, and with heart as
light, and step as eager as ever, chase the gilded phantoms
of time. Not such will be the influence of the death of
46




settle —=     Pt-,
-
NICHOLAS HIILL. The shock of its startling suddenness!  may pass away, but its moral will remain forever. In his!
death we see, too, his life. The passionate sorrow of this
hour will subside, but his memory, with genial and ennobling influence, will abide with us while virtue shall be
respected and worth honored.  We shall remember him as
he moved among us in all the grandeur of his intellectual
nature, and remembrance will be keener as we think that
his step is silent forever. In his life there was influence,
but his death gives to the lessons of his noble career, high
emphasis and power. For many years we have seen his
enthusiastic professional devotion, and its efforts and its
triumphs. We have drawn inspiration from his example,
and felt the stir of exciting emulation as we watched his
brilliant achievements. But how more vividly, to-day, the
lustre of his great life beams upon us. Its teachings speak
to us with weightier significance.  We see more clearly his
striking characteristics.  We feel more deeply their value.
So true it is that Death gilds and intensifies the character
of real greatness.
In this presence, it is superfluous to speak of the professional character of Mr. HILL. With it all of us are
familiar.  It needs no demonstration of eulogy. With
common accord we recognize it as the true standard of
excellence. Why speak of his varied acquirements, embellishing the sterility of severe legal argument —of his
47




exhaustless and exhausting research-of the resource and 
felicity of his illustrationof his terse, epigrammatic diction-of his enthusiasm, which rested not till it stood by
the limpid fountains of principle, and could read truth unerringly? All these, are they not written on the hearts
of his brethren?
Others may admire his genius and attainments; may remember him as a gifted and glorious intellect, ennobling
and adorning both our profession and our common nature.
I prefer to think of him with fonder and more familiar
associations.
Long years ago, in the sunny day of early manhood, I
knew him.
Ere his name was carved by his own hand among the
highest aspirants along the rocky steep of professional renown, we sported together at the base of the constellated
mount. From thence onward through the wasting years,
we have been linked in warmest friendship. Great as he
was in legal acquirements-symmetrical and graceful as
was his professional character-I loved and admired him
most as the companion and friend. After all, his greatness
was rather of his heart than his head. From his soul came
the instincts, animating and directing his mental exertion,
making him in all that was generous, truthful and noble,
the BAYARD of our profession. No one truly understood
him who had not mingled sympathies in hours of social re48




laxation.  He cast off then the discipline of studious 
thought, and, with the playful spirit of boyhood, studded
the brilliant hours with the rarest gems of fancy and wit.
Not alone in the learning of his profession was his mind
enriched. Literature and poetry embellished it. Historic
lore dignified it: it was filled with the incidents and anec~
dotes of biography: it had mastered the great truths of
governmental and political science. Scarce any department of knowledge from which his unwearied indu try had
not gathered gems and flowers. From these copious stores
he garlanded the scenes of social and friendly intercourse.
With lively imagination, a keen apprehension and ready
retort, his pleasant hours were full of mental activity.
He loved the conflict of mind. The giant stooped to play
with the lighter armor of intellect, but his heart gave tone
to his merry satire. He was simple, guileless and cheerful. Too lofty to be envious, and too kind to be harsh,
his racy humor and sportive sarcasm left no sting behind.
Such was he in his companionship. How trusty and
generous he was in friendship, many there be who can
bear him testimony. Whoever won his respect and love,
commanded his countenance and effort. His was not the
friendship of calculation or convenience: it sought congenial spirit. Disdaining meanness himself, his associations were with the noble and true of heart. His pure,
upright nature instinctively discovered the good, and wel49




__| 3-ro tre  fin-g  of te..           t       ar. 
coined it with warmest fellowship. And so in all the proportions of his full developed character, in head and heart,
his instincts and sympathies, his learning and its fruit, were
all goodness and truth.
Fitting is it, therefore, that we who honored and loved
him should stand in reverent grief beside his bier. Becoming is it that the hush of awe and sorrow should overspread the busy activities of life. No wonder that his
death should awaken a common emotion of profoundest
sadness and grief. The lofty and lowly, the gifted and
humble among us, have each and all a friend, a companion
an exemplar-to mourn. No more will his dim-closed
eyes flash upon us the radiance of his glorious immortality.
No more will his cold, pale lip enchant us with the melody
of thought. The kindly grasp of his honest hand will welcome us no more on earth. We call him dead; and yet
he is not. With him death is but another life. Nay, it is
but manifold life; life immortal beyond the grave; and
life with each of us, so long as loving hearts can cherish
the memory of the good and great.
" Can that man be dead
Whose spiritual influence is on his kind?
He lives in glory; and his speaking dust
Has more of life than half its breathing moulds."
50




ALBANY, JUNE 7, 1859.
tE Court of Appeals met at the Capitol at ten
o'clock yesterday. Present: Judges JOHNSON, COMSTOCK, SELDEN, DENIO, STRONG, ALLEN, GRAY and
GROVER. There was a very full attendance of the bar.
A number of prominent citizens, including Governor MORGAN, Comptroller CHURCH, and others, were also present.
Immediately on the opening of the Court,
MR. JOHN H. REYNOLDS
rose, and formally announced to their Honors the death of
the lamented NIcHoLAS HILL, coupling it with a tribute to
the character of the deceased, both professional and personal, so eloquent as to touch the hearts of all the auditory
with the deep emotions which the speaker himself evinced.
He spoke as follows:
MAY IT PLEASE YOUR HONORS: Since the last meeting of
this Court, one who has been accustomed to welcome your
return has suddenly been called away. His place at this
bar is vacant, and will be filled by him no more forever.
51




g id
While yet busy in the great labors of his life, and in the
b   very fullness of his intellectual stature, NIcHoLAs HILL has
unexpectedly left the employments of earth, and entered
upon the realities of another life. IHis departure from
among us was so sudden, that those who were most intimately associated with his daily avocations were scarcely
made aware of his illness before the sad intelligence of his
death was announced. An event so mournful could not
ail to arrest public attention, and spread deep sorrow over
the hearts of all who knew and honored him. To none
beyond his immediate family circle did this great bereavement seem more near thaunto his brethren at the Capitol,
who were the constant associates of his professional life,
and who were bound to hihm by the nearer relations of
friendship and affection. To give expression to their
feelings of respect and regard for his character, and sorrow for his death, they assembled together with mournful
feelings, and adopted resolutions expressing in some slight
degree their esteem for his worth, their admiration for his
great character as a lawyer, and their regret for his sudden and untimely. death. They gathered in reverent grief
around his bier, and followed to its last resting place, in
silence and tears, all that remained on earth of one so loved
and honored. They desire to preserve some memorial of
their regard for what he was, and I now present the record
of their proceedings, with a request that, in respect to his
52




Court of   uppial.
memory, they be entered upon the minutes of this Court.
It was in this place that he spent the later years of his life,
and it is upon your records that the most enduring monuments of his labors exist; and we feel it to be appropriate
that, upon the field of his professional fame, there shall remain a fitting testimonial to his great character. The last
effort of his professional life was made in this presence.
It terminated the labors of the last term of this honorable
Court, and with him it was the close of a career that will
be looked to as an example of all that can be achieved by
a lofty intellect and unremitting labor. It was also the
termination of a life crowded with all that is estimable in
human character. I was with him as an adversary in his
last public labor, in the profession that he loved and
honored and adorned. I was with him as a friend in almost the last hours that he spent in this life, and I come
here to-day to bring the tribute of his brethren to his exalted worth, and to add my own feeble expression of admiration for him as a lawyer, my reverence for his character
as a man, and my affection for a lost associate and friend.
It is not necessary, in the presence of this court, to dwell
upon the great qualities that formed the character of our
lamented brother. You well know the measure of his
luminous intellect and the noble qualities of his great nature. You have been delighted and instructedl with his
eloquence and learning. Every volume that records your
53




r t  tOx V Vngs O   tof t
J EHonor's judgments bears enduring evidence of the labors:
%    of NICHOLAS HILL. NO man at this bar ever spent more
time in valuable discussion, and none ever brought to the
consideration of any question a greater amount of exact
legal learning, or presented in a more attractive and impressive form the severer logic of the law. He never undertook. the discussion of any question that he had not fully
investigated, and of which he had not, by attentive study
and, reflection, made himself the master. The leading
thought of his life was his profession. He loved its labors
with enthusiastic devotion. No temptation could seduce
him from its pursuit. If he relaxed his severer studies, it
was to beguile an hour in the freedom of social enjoyment,
or amid the delights of literature. His was a life of intellectual toil and of intellectual triumph. He was indebted
to no adventitious aid for the honors that he won. They
were the results of his own unaided intellect and of his unparalleled industry. The reverence that we all feel for his
great character, is but the just tribute we pay to exalted
merit.
His whole life was devoted to the loftiest of human
pursuits.
The administration of justice presents the noblest field
for the exercise of human capacity. It forms, as has been
said, the ligament which binds society together. Upon its
broad foundation is erected the edifice of public liberty.
54




-        Iourt of IpII    at.
To lend humble aid in raising this structure is a valued
privilege; but to stand pre-eminent among those who at the
bar, or upon the bench, have beautified and adorned the
Temple of Justice, is among the loftiest positions allotted
to man. From that proud eminence, in the early morning
of May, NICHOLAS HILL descended to the tomb-closing a
spotless life in the full maturity of his power, in all the
warmth of his affections, and while yet the sun of his existence seemed at noonday. To those who value truth and
honor manhood, who reverence intellect, and love all that
is generous and noble in human character, his memory will
be cherished as among the most precious recollections of life,
and by the purest and greatest of those who survive him,
his example may be viewed with profit, and it will be well
with any who, at the close of life, are worthy to fill a grave
such as received all that was mortal of NICHOLAS HILL.
To most of all those with whom the name of our departed
brother was familiar, he will be remembered only as a
great lawyer. To some of us he will be cherished in a
nearer and kindlier relation. Those he honored with his
regard will prefer to think of him as he was when he withdrew from labor, and surrendered himself to the enjoyments of the hour. They will not forget his genial and
generous nature, his graceful humor, the warmth of his
friendship, and the thousand nameless qualities that made
up the perfection of his character. Those who knew him
55




only as the acknowledged leader of an honored profession,
knew but little of the man.  It was, when in the chosen
circle of his friends, he left behind him his books and his
briefs, that you were made acquainted with the excellent
qualities of his heart. To those who knew him not, he
may sometimes have seemed austere and distant; but to
those he knew and loved, he was "sweet as summer."  I
prefer to cherish him as a valued friend, who has too early
left us for an undiscovered country.  I shall long remember our last interview on the last day of his life. Disease
had laid its heavy hand upon him, but his great mind was
clear, and the energy and warmth of his affections had suffered no abatement. He felt conscious that he had been
overtasked, and, I think, regret, that he had subjected his
frail organization to such unremitting and exhausting toil.
But he looked forward to the return of health, and to a
season of repose; and yet there was a lingering doubt in
his own mind if that day would ever come.  Alas! it
never came. Within a few hours he passed from sleep to
death, and there remains of him but the record of his toil
and triumphs, and the memory of what he was. He died
in the meridian of manhood, a victim to hlis own ceaseless
devotion to the profession that now mourns his loss.
"So the struck eagle, stretched upon the plain,
No more through rolling clouds to soar again;
Viewed his own feather in the fatal dart,
That winged the shaft which quivered in his heart."
56




_'~-'~'~   f~-''-/~tlIfilli,~/ — ~~~~      ~
a,  10*4 
~However distinguished we may ie, or have been, in this 
life, upon the bed of death, man returns to his individuality. He must die unaided and unsupported by human
effort. Neither the applause of his fellow men nor the
affection of friends and kindred, can support him in that
hour. All the honors of earth are then as valueless to the
possessor as the withered leaves which the winds of
autumn will scatter over his grave. Those who sit in the
judgment-seat and dispense human justice, will, in their
turn, bow to that fixed and unalterable law of being which
dedicates all that is mortal to decay and death. In view
of that solemn hour, the impressive lesson of the life and
death of him we mourn, will not pass unheeded. It comes.too near us to be viewed with unconcern. I need not
pause to impress it upon the attention of those who but
yesterday looked into the new made grave of him who, according to the standard of human judgment, was entitled
to " crown a life of labor with an age of ease;" but to
whom, in the mysterious providence of God, it was not
permitted to find rest from his labors, except amid the
habitations of the dead.
In that silent resting place we leave him to the rewards
which are promised to the pure in spirit, the blameless in
life, and to the upright in heart.
At the conclusion of Mr. REYNOLDS' address, Judge
EDMONDS presented the proceeding of the New York city
57




$)~t~t~t~lfIt of: t te
bar, on the same subject, accompanying the duty assigned 
to him by appropriate remarks.
CHIEF JUDGE JOHNSON
responded on behalf of the Court, in the following words:
The warm and deserved tribute which has just been paid
to the memory of our deceased friend and brother, receives
an assenting response from the hearts of all those in whose
hearing it has been pronounced, and will receive the same
response from all who knew him. For more than twenty
years NICHOLAS HILL has occupied an eminent position at
the bar of this State. During the tivelve years of the
existence of this Court, he has at all times been largely
concerned in its business, and of late has argued nearly
one quarter of the causes orally debated. With the character of his mind, the Judges were thus made intimately
acquainted, while his admirable, moral and social qualities
warmed into affectionate regard the respect and admiration which his intellectual abilities commanded. It is not
necessary, for the information of any who hear me, that I
should speak of the care and labor which he bestowed upon
the discharge of all his professional duties. He was never
satisfied until he had exhausted all the resources of learning and reflection upon any subject which duty required
him to examine. He made no parade of learning; so much
58




C ourt of alprahllls U.
as the occasion called for was always at his command, and 
so much he employed; but thoroughly imbued with the
principles of the law, it was his delight to rest his cases
upon them. He had so great reverence for the law itself,
and felt so deeply its harmonious structure, that he would
rather have failed of success than have won it by trenching
upon a sound rule. His arguments were therefore marked,
no less by the masterly handling of legal principles, than
by the entire candor and fairness with which he encountered the difficulties standing in his way.
In his intercourse with his fellow lawyers, he was full of
courtesy and kindness, and was ever ready to sacrifice his
own convenience to their accommodation. He was a man
of entire integrity, of unflinching courage, of perfect truth,
and, therefore, adorned all the relations of life, and enjoyed
the esteem and regard which conduct so regulated is sure
to win.
With the members of the bar his business relations were
so extended, and his personal acquaintance so valued, that
the death of no one among their number would have
caused so much disarrangement of public business, or so
deep and wide-spread grief,
It is right and becoming that the death of such a man 
should be marked by all the honors which it is in our
power to pay to his memory, not alone for the consolation which is afforded to our own feelings, by the expres



|      rDEeebingi of tge court  of Rpeals.
sion of our sense of his worth, but also in order that what
he has achieved, and our appreciation of him as a lawyer
and a man, may go down together to those who shall
come after us, and may serve, so long as reverence for
the law shall endure, to stimulate virtuous ambition by the
teachings of his example.
We do, therefore, order, that the proceedings of the
several meetings of the bar which have been this day presented, be entered of record on the minutes of this Court,
with a relation of what has been said here on the part of
the bar and the court.
The following order was then entered on the minutes:
IN THE COURT OF APPEALS, JUNE 7, 1859.-The death of
the late NICHOLAS HILL having been formally announced
to this Court by JOHN H. REYNOLDS, the Judges deem it
proper to express their deep sympathy with the family of
the lamented deceased, his associates at the bar, and the
public, in which he lived and labored, for the great loss
all have sustained in this sudden and unexpected bereavement.
They also express their high estimate of his great legal
attainments and his exemplary deportment in all the social
relations.
They direct that these expressions be entered on the
records of this Court, and that a copy, signed by all the
Judges, be sent to the family of the deceased.
60