I remember to have once heard him and Cairns argue before the House of Lords (sitting as the final Court of Appeal) a case relating to a vessel called the _Alexandra_--it was a case arising out of an attempt of the Confederates, during the American War of Secession, to get out of a British port a cruiser they had ordered. Cairns spoke first with all his usual power, and seemed to have left nothing to be added. But when Mellish followed on the same side, he set his points in so strong a light, and placed his contention on so solid a basis, that even Cairns's speech was forgotten, and it seemed impossible that any answer could be found to Mellish's arguments. One felt as if the voice of pure reason were speaking through his lips. Such an intellect might seem admirably qualified for judicial work. But as a judge, Mellish, admirable though he was in temper, in fairness, in learning, and in logic, did not win so exceptional a reputation as he had won at the Bar. People used to ascribe this partly to his weak health, partly to the fact that he, who had been a common-law practitioner, was sitting in a court which heard equity appeals, and alongside of a quick and strong colleague reared in the equity courts.[27] But something may have been due to the fact that he needed the stimulus of conflict to bring out the full force of his splendid intelligence. A circumstance attending the appointment of Mellish illustrates the remark already made that a great counsel whose work lies apart from so-called "sensation cases" may remain unknown to his contemporaries. When Mr. Gladstone, being then Prime Minister, and having to select a Lord Justice of Appeal, was told that Mellish was the fittest man for the post, he asked, "Can that be the boy who was my fag at Eton?" He had not heard of Mellish during the intervening forty years!