The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-18

the favorite food and then takes its measure, when
u, believe In this CASE the whole. Great laugh
ter But the press oyertops US all-pulpit, bar;
medicne-ln the form Of instructive lectures ana
close judicial analysis or character and Of circum-
stances that are transporting in our midst, and the
the ills that flesh is heir to occupy the
newspapers, and our occupation really Is gone
wssu ~, tories ane Agamemnol'. But tn ,eae
there is person to commemorate virtue In every
orn 1t Is discovered that there is no virtue to COM
nemorate Thus IL Is that society can never be COM
piete. The brave men were unlucky for the want OF
person, and the person Is unlucky for the want OF
reference to this other calling Of society, that the
general supervision OF them all, which Is, II not
Freely CONCEDED, at least vigorously assumed
OF theology FOR the church whenever 1t reaches the
pass that they cannot settle them themselves, ana
rnes OF the Rubc and decides what is necessary for
salvation. The Of the SICK the healing OF broken
limbs and the gunshot wounds are az locked over
by Judge and Jury TO see whether the thing has
been properly done and II 1t has not oeen then, in
stead OF the patients payngihe doctor, the doctor
with p naval Is engagements and land nd battles
we do not stop at the magnitude OF this game
m na spt b he very or oo
recklessly exposing his life In circumstances that be-
fore that time no precedent was found. After Adj
miral Bynge was shot for not lighting quite soon
enough and not hard enough, because court aud
jury could take cool survey Of the battle after 1t
was fought. why it happened to me- TO show that
there Is no extravaganza in this matter 10 hear what
would be considered as far beyond what the scope
and duty OF my profession to have anything to
do with rs anything that could be lmagined-the
charge Of the six hundred at Balaklava, discussed
alidavit and counter affidavit before the Kings
bench IN England on a motion TO show cause why
information for libel could not be fled Lord Card
gan, who was the party involvcd,scame out from
court with military reputation which his actual
conduct IN the charge had not been able to secure
him. though he was entitled to IL. l had perfectly
distinct view to my own mind, as a lawyer exactly
both sides stood during the whole Of the conflict;
and Tie precise rapidly with which they moved
during the Ave or ten seconds that carried them
along into the glory out OF which they never came
back. Now, ] do not know, because libel suits are
not much IN vogue-we have not any information
guished military guests here are in any particular
danger from the oversight OF profession. But ii
the charge OF Baaxava cannot escape the scrutiny OF
the law what can be safe in human aIlarss In this
scrutiny that we have OF the other profession
we sometimes get chance to say pretty good
thing about them. And am sure 1t may be worth
while to recount what rests upon so distinguished
and venerable authority as the "Year Book' OF the
estimates solemnly given in law to the position Of
the clergy on very definite inquiry. 1t seems that
somebody had been so rude as to call clergyman
fool, with prefix expletlve 10 give point to the
nunciation, and not from the technical works OF the
law. Now. In an action OF SANDER the point came
up distinctly; for without special damage proved
we hold such words injurious only when they in
jure the party spoken OF In his profession, ard the
court held that 1t was not actonabie Tor II did not
injure the clergyman IN his profession. NaughterJ
Bat the court said it would have been actlonable
had it been OF the lawyer. So too or the medical
profession. we sometimes get pretty good chance
IN q trial at that 1 remember an instance when
DOCTORS bill was under review, and the effort was
to show on the part o. the defendant that he had
not any need Of 1t, and his counsel reinforced
the witness, endeavoring TO show that i was abso-
ana as i Se me ease y me
sir, )" said the witness, IL considered HIM IN danger
until the doctor left him. The abors OF our proies-
sion, Mr.. President are not always important or
difficult in proportion to their publicity or their bril-
liancy. 1t is said that 10 fight IN the dark In
ditch requires more heroism than to do at
and the haunting OF banners. But certainly
think that, setting aside constitutional questions,
great social questions, moral questions and
those which involve the passions OF society
or Of individuals aud WHICH attract attention. the
real ard tug 81 swys ras ara sS9ys
the deeuce. Then You want your mind clear. |
heard an American anecdote repeated by no less an
authority than the Lord Chancellor OF England and
which comes in play here. 1t Is said that Judge
Warren, at one time in Boston, In the midst OF one
OF the heated terms which make summer so uncom-
papers, when client OF his, tailor, came In and
said, II see, Judge, you work this hot weather.
na nd 5 @Ss % am 1 merely
1t is hot to do any real work.. Said the tailor,
THAT is how | feel ! can get along with the
the button-hong must have my mind clear.u
l!auShterl And incline to think, Mr.. President,
that Wien You have a. defendant who must have
to do ls 70 make 1t as little as possible then you
quire that clearness OF mind FOR button hoing the
judge and jury which this tailor spoke Of. laugh
teri The real honor OF young lawyer is when ne finds
himself pitted against hts senior in the profession.
Il shows nim that ne - advancing IN his profession
rassment and qualification which have had at diff
ferent times IN meeting you, Mr.. President, in the
profession, have ever mad so great embarrassment
as in this association tonight; for you have spoken
wholly on my side, and cannot be permitted to add
anything TO H. and it is impossible that should be
expected to QainSay II, But the crown and summit
OF our profession is the judiciary. (Applause 1t Ii
the BEST the highest, the most benencent station in
human afTairs. All men worship the upright and
the able judge All men revere the memory Of the
upright and the able Judge. And by the same
rule all men abhor the unjust Judge-(contlnued APP
all men, to the latest generations curse
his memory. How nobly and how admirably have
we seen the judiciary act. and how many excellent
able, upright, laborious, Ill compensated judges
have known Let US leave the matter there, rejoc-
ing that we zee 80 many whom have praised at our
the bench when / was admitted to the bar, Vice
McCoun In perfect health and vig0r and
with me respect and observance o. Us al honors US
] hope that am not much Observation-Disclosures
then think how has the judicial establishment and
(Hear) The Judicial station, have said Is the crown
and summit OF the profession. All men unite In bess-
ing the judges abilities which can never be too great
and his justice which can never be too severe. |
noticed in some observations Of Archbishop whate-
ley about the profession OF advocate, remark that
who is more brilliant and able than the rest, for 1t
makes things all uneven, and justice Is not done.
II society should take up that idea, Mr.. President
have no fears for myself, ! am afraid, Mr..
President, that your life would have been
shortened long ago. and I DO not know
how many Of our brethren at the bar, now here,
would be taken or BY untmely deaths unless our
people learn to promote them TO the bench.
(Laughter.) And now, AIR. President, closing these
observations. desultory and far TOO long already,
may be permitted TO say word or two about the
good fortune which has attended ms life. I do not
know that, in thirty years which, as student and
lawyer, have almost elapsed since / came to your
city, any man has ever done me an unkindness or
an injustice. And II could feel that. even In feeble
degree. | have never uone an unklndness or in
justice to a brother In our profession, should
nope that | had in some degree repaid
the debt which ! owe to you oil. But
1t seems 10 me as II were IN debt. from the
beginning 10 the end, to others. do not speak OF
how much owe to my masters In the law school
story and Greenleaf; but may be permitted to say
that no man can owe greater debt 10 teacher and
q master and an exemplar and q friend than owe
TO Daniel Lord. (Applause) Aud may be permitted
to say that no young can be aided IN the earlier
years OF his profession more than was aided by as