New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-07
COMMON LAW. "A LECTURE.
By OGDEN EDWARD

Hon. OGDEN EDWARDS delivered the In.
troductory lecture before the Law Institute, on
Wednesday night, al the New City Hall, to rather a
thin audience Some one hundred gentlemen, we
presume of the legal profession, in attendance,
and considering that fact, perhaps, the audience
was a large ore. The lecturer began by saying that
the Common Law embraced first, the principle Of
Justice and secondly, the principle Of NUM-
cpal jurisprudence, as forming the cradle Of
our Liberties even on this soil Alfred of
England is the founder of the Common Law.
1t is nearly thousand years old. lie was an
Anglo Saxon. The saxons were the great and sue
cessful foe of the Romans. Shortly after came the
Danes lie finally overture them and is therefore
considered not alone the founder OF the Common
Law, but of the English monarchy. Hume bears
testimony TO the genius, WISDOM prudence and hero
ism of Alfred Such is liume's character. In Alireds
will he said it just that Eng should continue
as free It's thoughts. he oTganiZedthe government
so s to guard the people against the encroacnments
OF himself and his successors This principle is en-
bodied III the Trial by Jury. BY that institution the
great preroga.ive OF the administration OF justice
as referred to the people Nor was TINS al ne
gave 70 the people the rlght TO elect theu own JUS
uces, their own Sheriffs, and their own hundreds.
He also gave them the Militia ana In faci formed,
one thousand years ago, republican monarchy
The Common Law has ever been considered the
grand charter Of Inc liberties OF Eagland.-
The English knew that their security was
the security of eternal justice. William OF Nor
uardy abrsgated the Common Law, but from tune
10 time It's integrity yincicaed Itself up to the days
Of the stuarts. But in their reign the sirug-
gle betw een the ay ana the cesponsm OF theif
house bToulht the Revolution which rees-
tayhsntd tne pytemntnce Of the Common Law.
In our own country, the first seeds OF n2erIy
were the seeds OF the Common Law. lhey
fed from their own country during the shug-
giles of the Revolution, and brought here intact
tie principles of the Common Law In politi,,
cal freedom the Common Law Is the tes' ana
the limit OF Anglo .Ssxon efst see the diner
ence between them and the Cells of france.
When the French break loose, they break loose
from all They know LCs where TO stop tney
are Mild iutIactsble AMI unmdnageaole. But
when the Anglo SaIols break loose they know
where 10 stop, where 10 found Dass, ana
where 10 Test-Ihe Common Law ise COMMON
Law has been a nursing motnef, guafuldh ah5ei W
Liberty During Crom wells administration. CON-
mon Law was never administered with more ngSf
and integrity Bat il was plant too tender 10 noufsa
under hle iron sway, and III ms time u ceassa Du.
II soon revived, and Lord Coke san Iha. nc ne'ei
krewtwo causes where there was any dnnculty as
TO he sctlIcailon Of the Common Law. mere arc
evi.s no couDt, IN the application OF she Ian ous
they evils not OF the law ou' Of tne ,o
and passie ls OF men. While the Common La " pro-
yldes for eli public rights, 1t also pro'iaes ioi .ne
e. force ment OF those rights tae practrs u .s
Counts and the rules OF eylcence me eheCs vi INC
cCSe If this to feder special declaration
,c..ssrr in every instance. The advantage OF the
ole svstt m ever This Is manifest. IGefe was hot
fo ite old forms which had not been solemnly de-
teinled and now every wora Is a. large ana oiocA
iescs use Of inappropriate word may leadt lnier'
,irate iiliga,ion Lord Coke may De said to be the
frs, great codlfer. notwithstanding the unmatched
Ifyty OF Slr William Blackstone IN reducing
The law to system. The more you strive 70
II od.fy and apply the Law By fixed rule. the more
YOU set things aa0at l. is no. learning that makes
great lawyer or great judge i is The power OF
applying what the Law Is. Mathematics ana Ie
law are analogous 1t is no. the Law known
in maihe mates that can give vitality to the giei.
principles Of that science. And therefore -
Thar there IS no study 50 useful 70 the lawyer
as tina, OF mathematics. Any legislative e Tae''
ment inconsistent with the principles OF the C'. :,
rnrn Law will be sure in the end 20 &c, &C.. 1,hs
feif and fail, from IFS inherent aosuiun1g- 80
honorable lecturer here gave a legal ana zen.
Meal description Of the Grand Jp sy unin.elisioe,
10 RE :. commonr re ader The election OIL JUDGES
By people Iossn y sSs Common t .as '0f
So a.I.S eli vet but il In at variance with the
practise IL mi; country ,s sna who n Sd
~ ., ;nssile in has hand should be aoovo ~ ~
storns Of popular emotion, - well q '''''