New-York daily tribune., 1859-01-04
BOSTON THEORY AND PRACTICE.
BY WENDELL PHILLIPS.

Sves Ia Bos's~ Trsscs<,, Dee %
The lecture of l.st evening II the Ire mont Temple
wss delivered 70 good sudie nee, by Wendell Palips,
esq, on Theory and Practice.
Nj. PHILIPPE sald that the French Canadians were
apt 60 eau all Americans Boston people, and he had
seen in a foreign paper An announcement that the
Boston elections had taken place All over the United
States on toe second Monday in November. Ii BOeton
occupied go large place in The minds Of outsiders he
might be excused for abiding exclusively tcuightto
Boston men and things. An eminent man hoi lac
tred here night before last who al spoken Of college
education. But there was another question, how far
ibe common sense IT teose who were not e'uea'ed In
colleges wss 20 be Trusted.
The ii.s WAS gaming ground smong the etucstel
and wealthy classes that they wer. the proper guar
daps and leaders of the Greek schosrs were
too apt 10 think thst the msssrs were all under Ia
te age and H,rysrd College the Probate Court when
anpopted their guardians But he believed that
every great step OF progress had originated IN the
Masses and grown until II was powerful enough D
command the services OF indolea' ana eda'a,1n un
4 fortnight 40 he had seen tins Han crowded. with
hres thousand people, Of whom too thonsan' nine
hrrdred were probably not college learned, and yet
hey sat here al hour and half, ana listened apprs-
cisfngly while that great metaphyscian, kAph
Waldo Emerson, sounded on IN the deepest waters o,
metsphy sics-an audience such as could be gathered
promscnousy in no other country-an audience whieh
was an honor 10 Boston.
Boston had learned imnersey during the pSt
twenty five yesrs Some years sgo, the Boston Athe
rsum conferred, urasksd and unsought, on a woman
the right to use their library. She remained there
broadest scholarship OF the metropolis told her she
could use it no longer. To-day the great city threw
, oren the doors of library II hundred Thousand
volumes, ard woman found tneie her own peculiar
Mace Far back in Saxon forests, sn questions OF
pubEc policy were settled By representation, and the
women were consulted. Totha; had We come back.
When Gen. Jackson visited Boston, he was shown
our schools Boston Common, and the cosored
school was not allowed 10 parade. To-day, every
publc scboodoor flung open To co'ored children.
Only short time since, IN Paris, coored man won
the ghest honor If university, and Lous Napo'eon
sent him hundred vonn es a. present, ana
compsny Of guards to psy him n salute. Throw open
yeud. university to the c0lored r.ce and shall y<
reach to the elevation OF tie bastard yrant OF the
French.
th re not been something of the spiritual phenomena
and had il to-day; but where WAS the scaolN bold
enough to risk his reputation by examining these mat
ters thoroughly enough 10 bad th" public mind ont OF
| lis Egypt Of darkness At Albany, when DR.. llere
attempted IL bring up the subject, he was nsul'ed by
| bic colleagues Of a scientific body. dozen years
ago of the medical profession one Of the most hon
ored members vsntnred To place on the pages oI
magazine the record Of the advent OF that first form
of sprituasm magnetism, and his cosdnters refused
| TO meet with HIM in council, denomlnating him
qusck ~
| n. vas not spirtuslst, and did not whether
were true or false but he spoke of the tests of that
true courage which should CO forward and develop
for mankind the truth, and Of the theories Of whchwe
! so much spoke.
/ In the way the bar and bench shows lts ad-
herence TO that European tradition which looks down
upou the people. The bar borrows its msxims from
an obsolete or unacceptable form OF Government.
There was in the old country day that to be WI
! ness in favor of one who aCc1sed WAS IN sno-
sdisry way 10 incur the belief OF being also crmi-
nal ard witnesses were treated Ike brntss. To-day
the lawyers of onr country trained IN that old school,
never making themseves acqus nted with the civlks-
ton of this American people also brutes To W.T.
! lenses Not Que of us but wonld rather give hum
dred dollars than u sister or wife or ienAe
relative placed the stsrd to be outraged by bar
Of gentlemen in the presence of bench calling them
| selves gentlemen
| Once, in Boston, q youDg servant girl gentle and
bonest transfer of money and 50 ne fraudulent
affair occurring in connection with II. She wa, sum
nOred, in her tmidty and Innocence, into Boston
court of gentlemen. She gave her testimony truth'ny
and wol. Then there 10 question her one
born Of one of the best families alawyor possessing al
scholarly acquir. ments graduate Of Harvard and
! pink Of fashion. lie knew Of no rebukc from any
bench SO he proceeded TO inslnuate the vest lnsus
that ever man uttered 10 n woman, and asked such
quesons till the poor girl almost tainted Yet that
court Of gentlemen said n word Of rebuke. The
poor girl went home almost hesrtbroken 10 hold down
her head for years at the remembrance Of that Injustice
and insult The lawyer went To larger city 10 obtsin
wider field for his talents and he sleeps tonight in
/ drui kards grsve--tOo good for such brute az he
wac. Hearty applause.
! And today the bar knows not why it should not by
rsnuation and question put upon the brightest char
ac'er foul blot, and often witnesses treated as
I
The Jury of the gresest Of oar Institutions.
We eat there t. have intellect stirred aod strength
| ened by the eoQuence OF DANA to be lifted into a
| higher life by the straightforward eloqnence OF
/ Andrew, to be warmed by :he cloudy eloquence ot
| Choate. There had important responsibilities
placed in our hands In every point Of view tho Jury
| box the educator and the safety OF government
! Now our jurybo was prominently the work OF the
Mayor and Aldermen. The statute required that body
TO put into the list all good and honest citizens. Yet
! if man became remarkable for his firm adherence ~
any cause such as temperance his name, perhaps,
! went into the box but IL seldom came out. or our
population 20 900 Irish born. They held up the
government Of Boston. Whether any Irifh name
went into the jury box he could not ell but
came cut. He would hold up 10 scorn that which re.
fused conservatism 10 practice the normal principle OF
our American civilization, and arranged for the
cused of foreign birth ures who had spark Of
sympathy for their religion or nationality.
Turning higher. We had a noble bench Of judges.
But in one respect it had shown most remarkable
contempt Of the The Judges and the lawyers
Of chief standing meet in the sympathy Of social fs
at their club every month, from which the lesser
members Of the bar shat out IL must be easy
for those Judges 10 decide bctween that cause which
was defended by the compsnon Of their midnight
revels ana that csuse which argued by pleban
lawyer not admitted b. those monthly sociables. The
bench Of Great Britain to-day would scOrn the chance
land Of equality there has existed for time immemo-
rial and in this famed Boston, this nucleus Of arisOc
racy, which any man who has hi, eyes ooen in oar
higher Courts could not at time or another eee the
influence Of
He bad used the hour accorded him TO carry the
torch Of criticism where II should CO. and to ask this
audience TO form the public snirit and opinion TO
rect it. Government would be what we made IT, All
natural government the reflection OF what the
people we're. We had theory OF equality, Of re.
rponsibiy Of government, Of the ngnts Of witnesses
and should practice them. 10 England IL had been
decided that witness should have the privilege OF