Massachusetts -- Periodicals; New England -- Periodicals
In 1863 and 1864 Mr. Paine was nominated, without his consent, by the
Democratic party of Massachusetts, a candidate for the office of
Governor. With much reluctance he accepted the nomination, but, as he
expected, and doubtless to his joy, failed of an election. In 1867, on
the resignation of Chief Justice Bigelow, the office of Chief Justice of
the Supreme Court of Massachusetts was offered by Governor Bullock to
Mr. Paine, who, not wishing to give up his large and profitable practice
at the bar, declined to accept. This decision, though a natural one, is
much to be regretted by the citizens of this state. Coming from an
eminently judicial mind, his decisions, had he sat on the bench, would
have been models of close, cogent reasoning, clearness, and brevity,
worthy of the best days of the Massachusetts judiciary.
Shortly after his removal to this State Mr. Paine was associated with
Rufus Choate and F.O.J. Smith in the defence of Judge Woodbury Davis, of
Portland, Maine, who had been impeached by the Legislature of that State
for misconduct in his judicial office. In an editorial article upon the
trial, which appeared after its termination, in the Kennebec Journal,
published at Augusta, the Hon. James G. Blaine, the writer, declared
epigrammatically that, in the defence of Judge Chase, "Paine furnished
the logic, Choate the rhetoric, and Smith the slang."
From 1872 to 1883 Mr. Paine was Lecturer on the Law of Real Property
at the Law School of the Boston University, an office whose duties he
performed with great credit to himself, and profit to those whom he
addressed. So thoroughly was he master of his subject, difficult and
intricate as it confessedly is, that in not a single instance, except
during the lectures of the last year, did he take a note or scrap of
memoranda into the class room.
While he has always been a close and devoted student of the law, Mr.
Paine has yet found time for general reading, and has hung for many an
hour over the pages of the English classics with keen delight. For Homer
and Virgil he still retains the relish of his early days, and, in the
intervals of professional toil, has often slaked his thirst for the
waters of Helicon in long and copious draughts. How well he appreciated
the advantages of an acquaintance with literature, he showed early in a
suggestive and instructive lecture on "Reading," which we heard him
deliver before the Lyceum at Hallowell more than forty years ago. With
his lamented friend Judge B.F. Thomas, he believes that a man cannot be
a great lawyer who is nothing else,--that exclusive devotion to the
study and practice of the law tends to acumen rather than to breadth, to
subtlety rather than to strength. "The air is thin among the apices of
the law, as on the granite needles of the Alps. Men must find
refreshment and strength in the quiet valleys at their feet."
Public-domain text, read in full here on John Shaqi.
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