Weekly national intelligencer., 1851-07-26

| lows:
"1ae Science LaY hen only deserving Una. M aastsr
pncpss from the pure and copous fountains OF right
and moral obligation
Judge Krsr then said Let me propose to- you, gentle
man the health of one who recently retired from tho Ju
dietary Of Massachusetts, who left full Of years, more full
of honors Venerable for age more venerable for the worth
Of his long services and the uniform excellence OF his life and
character"
The whole rose and with many cheers greeted Judge
WILDE Who after returning thanks for the favorable notice
with which he had been hoRored proceeded to remark na
although he hsd all times endeavoed according TO his best
ability to discharge the duties Of the responsible office he had
recently resigned with fidelity and impaay, ye, be could
NOT but regret that these duties had been performed with
greater ability and bene6aly for the public That be
apprehended also that they might have been less benecia
performed hut for assistance he had received from the
learned and able mebes of the bar whose services in the
administration Of justice could not be too highly appreciated
The duties Of Judge often arduous and the performance
Of them difficult. When is called on for trial. its
merits entirely unknown to the judge and jury The
facts may be and complicated and the evidence cir
cumsianal and conflicting difficult questions Of law may be
involved che admission rejection Of evidence and as
to the application Of other questions of law to the facts and
these questions must be decided promptly BY the Judge, to
avoid delay Under these circumstances, the assistance OF
counsel be Of the highest importance, not ndsPensa
bic and OF such assistance the Of law in this Com
msnweah have at time been destitute He had been &C.
quanted wih the mbes Of the bar Of Massachusetts sixty
number Of learned and able advscatesmen Of sound prnc
pes strict integrity whose standard Of moral conduct had
been elevated that of other profession or class OF
in the community If any there weie who entertained
different opinion, it was owing probably to the want OF
sufficient acquaintance with those eminent advocates who have
conferred great and lasting honor their profession, to
mistaken apprehension as to the principles BY which they were
bound to perform their professinal services
has been objected that all lawyers ready to argue and
maintain any cause, right wrong, just UNJUST legal
Illegal that their clients they would every
on TO make the worse appear the better reasons and that
such ndiscmnate Of argument has tendency to
impair the moral But these objections are founded,
they have any foundation the great mistake, which has
less prevailed namely that counsel have no right to
advocate any unless they believe to be wefounded
in law and justice and ought to prevail Such was not the
opinion of Dr. johnson, who had preudces in favor Of
the profession and would adopt low standard Of morals
And is manifest that such rule OF action is inconsistent
with the appropriate duties Of counsel and the purposes for
which the services Of the profession required Every
has right have fair trial Of his cause, and has right
also be heard by himself his counsel and hold that
lawyer bound to refuse bis professional services because
he may be opinion that his clients cause is weound
I'd is in manifest opposition to this right He is not to
the Judicial Office, and PREJUDICE his clients If
he has doubts whether 1t be maintained, or if he Of
opinion that it cannot he bound to advise him accordingly
But it his Client Notwithstanding such advice determines to
proceed TO trial. he most certainly under moral or any
other obligation TO refuse him his professional services But
IN the performance OF these services he 10 act honestly and
fairly. He is not knowingly TO msead the jury by mis-
statement of facts the Court by citing which he
knows has been overrued without adverng the
ruling But if he states The facts truly he believes them
to have been proved and the principles Of law, according to
his understanding Of them, he has right and it is his duy
suggest every argument which he thinks may have
dency t. maintain his clients cause.
Such the principles and rules of conduct by which the
bar bound to perform their professional services and they
have tendency impair the justice and moral
obligation which the study of jurisprudence hardly fa
10 improve and elevate.
ln conclusion, Judge WILDE proposed the following toast
The Bar Of assachnseats: The firm and able support
OF law and Of the impartial correct and efficient admins
tration Of Justice
After Judge WILDE closed his remarks Mr.. BARTLErT
offered the following toast
Let others hail the rising
"We bow to him whose course is rum"
Judge KENT then said that most dreadful pun had been
placed in his hands, which he should make worse in the
giving but be would propose the health of The Professors Of
the Law School, and address them in the words of Hamlet
the ghost - call thee father-Royall, Dane"
Chief Justice PARKER, the Royal Professor then rose
and said be supposed this proper occasion upon which,
among other things, to commemorate aud acknowledge
the contributions legal science which had been made by
ent States in the Union, and he proposed TO refer
for which indebted to the State of Vermont
He did intend speak large of the value Of what
mont had done upon this subject for that would require
speech, and long He should mention only single
particular which had not yet appeared in the books
reports and which, when should be added would occupy
i
ton of its which had been made the the law
in modern times. We all know how long and with what
diligence and acueness special pleading had been studied and
pracsed Its renemens had been carried such an ex
teme to bring the law itself into dsrepute And we all
know what prominent place the "ligous term" demurrer
holds in special pleading But might not all be aware
that indebted to Vermont for the best denion exan
this ltgous word The story in this wise Many
since there upon the Supreme Bench Of that State
Judge who, although educated lawyer possessed
very strong common Sitting with him in the county
court two selected from the yeomany Of the county,
who had less knowledge Of the science Of the
Called and the counsel remarked that stood upon
demurrer. "a demurrer !" said one Of the associates
Jogging the elbow Of the presiding judge; ga demurrer
what does that mean z! "Dont you know what demurrer
!" was the reply Why, means Dhat of that 2"
This showed hat the judges Of Vermont have natural ap,
ude for the but at h day natural for the science
ooy OF their characteristics Taey are still more dis
tngushed for their legal learning and the soundness Of
their erudiiion. He proposed
"THe heahof Mr. Justice Bennett of the SUPREME Court
of Vermont this time chairman of the committee m award
prizes tor the best dissertations by members of the Law
School,"
Judge BEsHETT and said Mr.. President, am no
speech but cannot but express my gratitude the
learned Professor for the high honor Just done me and
my humble State in mputng Of its Judges such acute
in the science of special pleading II Vermont has
tanned any insight into that intricate and subtle science
may be some degree owing the influence Of that dstn.
gushed Judge whom the learned Professor has jus alluded
and many eccentricites still familiar among the
Vermont bar. He less noted for his definitions
than his expencss in wardng of the authority Of any
adudged which might be cited by counsel and which
seemed conflict with his notions of what he thought
the justice aud natural equity Of the then before him.
On such occasion, said, that when the counsel
for the defence zsslouy pressing upon the
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