Weekly national intelligencer., 1851-07-26

ner upon this subject allow me to give specimen He was
discussing the legal relations of married women-he never
called them, however, by inexpensive name but always
spoke Of them "he better half of mankind" or in some
equally Just manner. When he to the axiom that
married has will Of her own, this, be ssid was
maxim Of great theoretical importance for the preservation of
tho against the undue influence coercion Of the
band but although nAexble maxim in theory
experiences taught that practically it found that they
sometimes bad wills Of their own-MosT HAPPILY
We left his lecture room, sir, the very knights errant Of
the law burning be the defenders Of the right and
ger Of wrong; and he is true of the Litch6eh
School who has forgotten that lesson. propose, sir
"Ine mesories Of Jdse Reeps and Judge Could: Among
the 6rt the first founders OF National Law School in
the United Satewho have laid Of the stones in
the foundations Of American patriotism loyalty the
law"
Professor PARKER gave: The health of the Hon E. Fitch
Smith, formerly substantial part Of the judicial column OF
New York. upon which Troa uit will be inscribed
Mr.. e. FIrcH SIXTH. in response the above senti-
ment replied He said in rising to respond to the sent-
ment kindly offered by Judge Parker need inform
you Of fact already known TO you that speech
maker. may say, however, am grati6ed to be here
tOn this interesting and joyous occasion, and gra6ed
to meet many of the bar Of my native State love New
England and her institutions. II is here that first inhaled
the breath Of e and first cherished love for the legal pro-
fesson. This to be classic ground-ndeed all
New England seems thus to me. In this vicinity, Bun
keTs Hill, nation has erected of the highest al
tude of any in land But the eminent of the legal pro-
esson in this my native State, have erected higher and
permanent onethe product of their scientific and legal
attanmens am here, and glad am to be. BY the
mon law of England can expatriate himself. Once
citizen, always may then, perhaps consider myself
still citizen Of this State need not say cherish high
regard for the law, and admire also the civil laws
not WELL however, that would engat oil its maxms into
the common law. The learned friend from Louisiana ,hat
preceded alluded the civil law. was happy to hear
him compare 1t TO the II has often shed its light upon
legal pathway in instances where question
arisen upon which the common law afforded no light Then
have always found great aid from the civil law. speak
the sentiments Of my honest conviction when that every
young who aims at emnence in his profession should
disciple Of JusinaD, the Code and Pandecs well Of
Coke There is other subject to which wish alude
before offer the sentiment intend to Offer 1t reference
TO the prize essays which haye been laid before my associates
and mysefon the prize committee. deem due the young
men from whom they have emanated to repeat here what
have said elsewhere that these productions if sent out to the
legal world with the appendsge Of the Of either Parker
Story Gresnlea Shaw would be by legal minds pro-
nounced pre.emnen.y able productions, worthy of such
authors.
But, Mr.. President must conclude and do SO by offer
ing the following sentiment:
The lnovn competitors for the prizes awarded by the
Law School Harrad Uveray for The year 1851: Well
may they be proud of their legal Alma Mater. If past
tanments indicative OF what will be their future acqus-
tions, their Alma Mater may well be proud of them"
Judge ksSr then gave toast complimentary to R H.
DAxA, r Esq for his laures gathered from the and
the land, but we did not get the precise words
r. H. DAHA r Esq made pleasant illusions to his
being constantly connected with the on public
soos and attributed it to the malice of the Dane Professor
who knew his aversion to this point of attack After speak
ing OF bis education at this school, be said that the Story
Associations in the minds and hearts of the pupils
that great and good They associations Of The
heart with Kindness ankness and magnanmiy, and Of the
mind with learning unsurpassed infinite variety, and
derfu Of creating enthusiasm for study the young
Great the learning and ability OF the other professors
in this school, they would all Join with him in the cheerful
admission that for The power Of exciting interest and enhus
asm in bis pupils for their studies, Judge Story could be
atlal
teacher.
After auding the duties Of men who had the privilege
of education here, he said And know of no duty
can be imp than that Of which have heard
much to-day that Of preserving the constitution and the law
We have been told OF of men, as our friend from
Rhode Island, opposite Gen Capenter has Just character
lied them conceited fanatica c,ion assuming have all
the conscience and intelligence in the land the enemies Of
their country and its institutions In the oraoD, too they
were set forth in much the light II they half
bad they have been described they deserve quarter
They ought to be put down. here and elsewhere all
sons But II is comfort know that their claims all
pharisaical assumption. You and know, Mr. President,
and friends here and have all been frequently told
to-day, that just the other way We have all the
cnnscientousness the enlightenment the broad views the
areadng, comprehensive These devils cannot
se beyond their fences. Surely, therefore, should
let our light shine. And dangerous they the
Government we should suppress them, annihae them at
once.
confess my difficulty is to know where to find the men,
cannot doubt after all have heard that they exist but
is my fortune have escaped them Only show me the
first man, sir, and am ready for the attack
You were SO kind sir, as to refer to serving the
and the country. The lawyers idea Of " the country
is twelve men in box. Your remark therefore, naturally
suggested to the idea of the trial by jury will there
fore, offer you sentiment on that subject.
We all recognise the jury indispensable in criminal
cases. safeguard to life and lbry but there other
points Of view in which is to be regarded Of nesmable
value 1t is the great of keeping the plain and
practical No law good for any thing, where uries are,
BILE twelve men, taken by lot from intelligent c,mmu
nifty. The judges must make il understood by hcm The
lawyers address themselves their comprehension.
This prevents the law becoming technical booksh theo-
etica and inapplicabe to real life, and the lawyers and
judges from becoming psdants school men, and theozers
But there yet higher argument for the jury trial Il
great conservative element that some about me
look surprised grant that in monachies and oigarches
the introduction of the jury trial s the introduction Of rad
cal element But with the people govern the power
in their hands, The question is not how much power shall
they have, but how shall they exercise it By the jury pro-
you make each citizen magistrate You instruct him
in law solemn foms under the highest sane
TONS and awed by fearful responsibilities He feels that he
has part to do in understanding and applying the law
well in making and obeying it. Abolish your juee, and
you make gulf Of separation between the courts and The
people, which will be passed except ia the umu Of
revolution. l give you, therefore
The Jury Trial. which nstructs the people in the law,
and adsp,s the law to the people,
Judge KENT then gave I" The Common Pleas of JNasso-
ctsetts The preserver Of common rights-the
common remedy Tor our common wrongs"
Judges HoAR and PRRKISs were both present. and the
former said in reply
Your cali upon me- sir has been wholly unexpected and
hardly feel bound in epy than to press