New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-11


dents rs only applicable 10 procsely the same posture
Of facts, which can no more occur agsn than two
blades of grass be found alike Therefore the law
, az become still more :" gorously uncertain, and, a.
Judge Wide used u say, no one can tell what II IL
wi has not seer the last newspaper This departure
from scientific exsctnes however too much chsra'ter
Ives modern jurisprudence every wbere In sofc sp-
,csiiops of common sense to law, JGsge SHAY con-
f.rrsd crest benefit upoa our legh system; r IN IN
stspce he laid down admirsbly the principles OF the
relative rights OF all men to- she use OF corsmon prop
e,,y such as wsys water, end air; and pointed oa'
the mode of determining how one mans rlgue
were limited by anothers Some admlrapie op,hio ,
Of his relative TO water the right 10 fake Ice
from ponC which mas lately s.come 30 important,
and siill more recently 10 horse railroads. WIN stna
az enduring memorials of his fame We cannot say
as much of some of his other DECISIONS. wren ne
allowed bs Court to be surroundes with chalns, anu
sobrusauely repealed the application for ha6ess cor
pus 10 the Burns fugveslave csse, we think ne I.ed
TO yinoicate the dignity of the Court and whatever
we may ssy OF the decision which he took 80 iliue
time TO come TO in that case it must be Admitted ina.
the counsel for poor, painting fugitive, might nave
been and ought 10 have been, more gently treated.
Great allowance is TO be made on account OF the com
tenance given TO that law by Daniel Webster who
was always held in great regard by Chief Justice Shaw
We think the Chief Justice has doEe much to retrieve
his reputation on this head by the noble as well as
very accurate and conclusive opinion which he lately
rendered in the Of the witness SapboIn sezad by
person fundamentally deputsed by the Sergeant-at-
also showed himself few years since, very kindly to
the Temperance canse, when case came up involving
the lawfnDess Of destroying liquor establishments as
nusanees under the statute. He gave the statute the
benefit of a doub TO its const uonaity, aud sus-
tanned it, The decision reversed by the full bench
of Judges and it il one of the very few in which the
Chief Justice has not been sustained by them :,
Shaw and Parsons must be regarded AS the chief
lights of the Massachusetts bench. The latter differs
from the former IN his scentic precision, but they had
a similarity in judicial manners. Choate was once ex-
ssreIated TO say of Chief Justice Shaw he il ldUyer
but great gentleman, an anhesis 80 striking that 1t
cannot be forgotten. And have heard Judge Wilde
relate of ChefJusce Parsons that he was 80 unpopu-
lar at Nis Prius that OCCASION when the Suffolk
bar ssceraned he about to hold Court in Boston,
they had meeting and chose committee who waited
upon him. and expressed to him that, while the bar ad
mir,d him great judge they would take as favor
if he would send associate to hold the proposed court
Ard their request was granted.
OF course runor ID very busy to anticipate the
Governor in appointing new Chief Justice. III Judge
Fletcher bad continued upon the bench he wonld have
been likely TO be appointed Judge oar is nobly quail
fed not only by his rare perception and devotion 10
law as science but by his high tone of moral senti-
ment. Perhaps he is too young. We think Judge
Bigelow would be the best appointment under all cir
cumsances He has had much experience, and is just
the right age, and many years OF great usefulness
might be anticipated from him. He would infuse
yeor into the bench and greatly facilitate the dis.
match of business. He has been very popular as a
Judge and has been distinguished by a rare
combination of deiberaon with dispatch. Hi:
manner is admrable-uaUtter an mode, fortiter in
Like Judge Wilde, he has been noted for giving every
LAWYER bis exac, due and not allowing the older anC
better established TO put themselves forward and gal
his notice at the expense of the younger. Thougl
mild, he is determined, and has etectualy put dowr
one or two roughs who have built mp their reputation
amorg the hon 0olioi by buser and swagger. judge
Bizelow in his elevation upon the bench, has not for
gotten that he practitioner, and has fellow
feeling for the Bar which adds to his popularity.
But this matter must be settled by Gov. Banks
whose administration, whileit has done much to reduce
public expenditures which are becoming profigae il
our DAYS has still been marked by come weak appoint
ments as well as some sod ones. ,.