The republic., 1851-12-22

|
GaETLEMEs Oh TIE BAH Highly Is ! value the
opportunity given me to meet the gentlemen Of the
| bar, would have felt very much embarrassed TO
havo addressed the members OF that distinguished
| corporation before such numerous and disiin-
! guished asscmblage as this, had you not relieved
| my well founded anxiety by reciting numerous
facts which gave me some hope OF your indul-
| gence-
Gentlemen Of the Bar, you have the noble task to
be the first Interpreters of the law; make il sub
servient TO justice; to maintain its eternal princi
Piles against encroachments, against factions. and
| to restore these principles 10 LIE, whenever they
| become misreprcsen ted or violated. When dark
ness is cast upon the light oftruth, then We are told
| by an old Roman
q Veniet de pebe togata
| Qui Juris nodas ct legum epigrammata solvat."
Let me, in that respect, briefly state my opinion
about the system Of codiicatiOn opposite cus-
| tomary law. Let me say, as a member of your
profession, In respect to my opinion about the sys-
tenn OF codiiication as opposed 10 customary law,
| you have the great authority of Lyingston, and
| though 1t may be piece Of presumption for me TO
state principle contrary to his, yet would re-
| mark that differ from him; i confess am no
friend to codifcation. [Cheors.l / am no friend
TO 1t, because am friend OF free and unrcsise ed
| progress; and this code arrests progress. [Aps
plause. IL is an iron hand which hiuders the cir
culaton of intelligence, and letters The develop
ment which freely must go towards boundlesi
| perfection-the destiny of humanity. [Cheers ]
You know what thick shadow was cast for cenl
tures upon the field Of justice by the code of Jus-
tinian, and whole nations are yet grooming under
its iron sway. My opinionis, that law must hold
pace in it's development with the development of in
stitutions and intelligence. [Cheers.l But, while
this law is, and must be an object of continual pro-
gress, justice is immortal, eternal and inInovablc
like God himself GChcersl The progress in the de-
velopment OF law is only progress when il s di-
rected towards these immortal principles Of Justice
which eternal like God HIMSELF; and whenever
prejudice or power succeeds to establish whatever
doctrines in customary laws which opposed to
justice, il is your noble duty and privilege not TO
have written code to ietter justice within the
bounds of error and prejudice II is one of your
privileges and duties to show that ancient Gus
tom is abused; and, by showing this, to originate
and develop those customary laws necessary to
establish justice. If this be your noble vocation in
respect to the private law of your country let ma
enreat you to extend it to others, that it may be-
come regulating and mutual duty of nations to-
wards each other and the destinies of humanity
You know that upon this field there exists no code
but that of nature, and of natures God, hich your
toreiathers knew when they raised the colonies of
Europe to independence and power. You know
that in that eternal code there written sub
tleties, but everlasting truths, by which the world
is ruled by God.
1t is the noble destiny, let me say duty of nations
powerful and free to restore these eternal principles
TO practical value; that justice and truth Inny sway
where injustice and oppression and power prevail.
III this be your noble vocation in reapeC to the pr
vate laws of your country, let me entreat YOU gen
tlemen, to extend it to that public law which regu
lates the mutual duties OF nations towards each
other, rules the destinies of humanity. IAppause.I
You know that upon this field, whore rests no
code but that OF nature and OF nature's God, which
your foreiathera invoked when they raised the CO.
onies of England to the noble rank of n free nation
and an independent power on earth--you know
that in that eternal code there not written petit
Jogging subtleties, but only everlasting princlples
everlasting like those by which the world is ruled
by God. You know that when artificial cunning
OF ambitious oppressors succeeds to diatort those
principles into practice contrary to them and when
passive indifference thoughtlessness submits to
that above, as weakness must submit, il ia the no
BILE destiny, let me say duty, of enlightened ma
ons alike powerful as lree TO restore those eter-
nal principles to practical value, that Justice right
and truth may sway, where injustice, oppression,
Raise high with manly bands the blazing torch
oftruth upon the dark field of arbitrary prejudice
Become the champions principles, and your peo-
pie will become the regencrators of International
public law. [Applausc.l
1t will tempest tossed life has somewhat
sharpened the eyes of my soul, and had it not done
so, still would dare say know how TO read your
peoples heart 1t is 80 easy TO read it, because it
Is open, like nature, and unpollutcd, like vir-
gins heart [Applause Many others shut their
ears to the cry OF oppressed humanity because
they regard duties but through the glass ofpettyin-
terests. Your people has that instinct ol justice
and generosity which is the stamp Of rnankind's
heavenly origin; and il is conscious Of your coun-
try's power; it is jealous of your own digni-
ty; it knows that it has the power to restore the
law Of nations 10 tho principles of Justice and RIGHT:
and, knowing itself to have the power it is willing
to be as good as its power is. [Applause.l
Lot the cause of my country, this eternal object
OF my leeNnSs ana OF my thoughts, OF sorrowa
and my hopes, become the opportunity 70 the re-
atoration OF true and just International law Man
kind ia come to the eleventh hour of its destinies
One hour of delay more and its fate ma y he aeaod
and nothing left to tho generous inciinot;ons ~
your peopleso tender er-hearted so nSbIc. and so
sind--than TO mourn murdered ntions lie
beloved brethren III humanity. [Applausc,,
had the honor, on former occasion, these he.,
BILE wishes to state; each of them connected with
one principle OF the law of nations, which you
are called to enlighten and your people to defend
fret HAITI thaI fadG fatnc h,,>
to protect the sovereign right of nations to dispose
OF their own domestic concerns against the en-
croaching interference of foreign powers. Zap
plause,l gentleman who came to honor me with
the invitation of Cincinnati-that rising wonder of
the West-has yesterday, with that sublime elo-
quencc which speaks volumes in one word quail
fed that interference to be piracy. [Appiausel
The word is true--like truth itself 1t spreads
light upon the subject. IL convinccs the mind and
warms the heart i felt, when heard the word n
sort of moral power which almost made me forget
that am but poweriess exile. ! felt but to be q
man, member Of humanity; and almost cried
out, pirate! Where is he' Let 60 and beat
him down, that common enemy of humanity"
[Great appause.l There is ouch moving power
in word Of truth That word has relieved me of
many speeches Laughter.
want more TO discuss about the principle in
that respect There can be no doubt about what Is
lawful, what is duty, against piracy. have but
to make a few remarks about two objections which
am told will have to contend with.
The first is, that it is a leading principle Of the
tions; and that, therefore, you will not do it. will
suppose that you were pleased to become acquant-
ed with what had the honor to say on a certain
occasion in that respect-stating pragmatcIlly
that the United States had entertained or
confessed such a principles; and that, had it even
done so, the United States had abandoned is and
were obliged TO abandon it, because il could have
been principle, but matter Of temporary poll
cy, the cxigcncies of which have entirely changed.
state the mighty difference between neutrality
and interference.
SO will only briefly remark that precisely the
same difference exists between alliance and inier-
ference.
Every independent power has the right to form
alliances, but has not the duty TO do Ii can
main neutral if it pleases to remain So Neither
alliances nor neutrality are matter of principles
but simply of policy. And in that respect power
has the right not to consider any thing but its
interest By forming alliances or by abstaining
from them, and remaining neutral, you may per-
haps contravene the interests OF every other peo-
pie, but you offend not their rights II is quite so,
as for instance, you may have chosen TO dine this