New-York tribune., 1871-07-11


Augustin Fresuel, has the credit OF establishing the
theory in opposition cOrpuscuar theory OF Sir Isaac
Newton AMI 80, later defenders IApace haihs' bo''
and The electricity afford some IN
teresiiuG Historical data with regard Z" the ee'nle
telegraph, ana Submarine cables
Metaphysics : on tie PheRomend If Conscious
ntSs Phenomenal and ReGi. by HENRY LoN"UEvILLE
MANsE1 b. ID. Cd. Appleton Coz, is . reprint OF the
sTtice metaphysics, as originally published m The
last edition of the Encyclopedia Britannica" with the
exception slight verbal corrections. 1t pre-
sents distinct outline of the principal topics of meta
physical inquiry, together with brief sketches OF the
different schools Of German philosophy from Kant to
Hegel and Herbart The author, although disciple
Of sir William Hamilton, has treated the subject from an
independent point of view. ana in style which, from
its Iucidity and compactnes is admirably adapted To
the comprehension OF intelligent students Ills essay
certainly fails answer to discuss, many of the
questions which inevitably suggested IN the
progress Of modern thought hat it nils important
place as all introduction profound specutions'
and he read i'm profit by persons adiired T." the
habit Of reflection point, OF abstract rAio'"PF'
The AmcricaR Lac Recier Boston: Lit,lc,
BtoNn, 4 Col opens with history Of Admiralty JurN-
diotion N Supreme CoUrt of the Uuited s.aies It.
viewing tnc principal dr, ,onS the subject, aud dis
eus~ing considerable length the cici questions when
they involve with ,rg3ri 20 the jurisdiction OF courts
admiralty the one haui. aud courts OF common
Iaw and chancoy e other. the article concludes
that state courts ctc courts OF the United states
may take cognxauos of a maritime contracts, II the
lief sought j. one which common law chancely can
give hut il The relcf sought is peculiar 10 courts of
admiralty only the district courts of the United states
can administer There also papers on The Re
porer- ANA Text Writer'S" and The Scotch Courts.
.isst Of English Law REPORTS for the hast quarter.
and merciics- dissection Oi Mr. George Tcknor Curts's
.rfense of M. David Dudley Foid nnder The head of
"SumlIary OF l.sout-' o. l59l Tue writer remarks;
"A-a specimen Oi plgc legal rI0ciuaton Nj CurtiSs
pamhe' the BiIlrN-fird COurOvcrN' i one OF the
most amusing cont 10 literature which has been
made I ,uany long day. We byno means mean I" imply
that n anu -ug trf II j. ON The contrary very
loa- very ddu-c ,pd very dU; hut IN the rtsnts ar
rived a. and in tr methods used 10 arrive 1T Uen II i
well nigh xHpl,d We regret 10 SAY mat IL j. one
o ibu-e tnoduct uns which aud then bring great
uo,ui,r ,isctcdu tipoa tht legal profession. Ginning
nom the rc.iluiaga ueht to assume for purposes OF
afsUm"nt a cordiUuu al riidils which every man VINO
brow auytbug a M oi lnc subject knows dues mol eN-
isi Nj tl.tis i.i piocerds logically TO show that, 10y
nv a,r sea 81 Eruiur rules Of law, white is after
AL clearly hlars ,rd black is white. Unfortunately
.r, ~ mon a,,d Women base clements of human
fty oT whose tond assd convenience law mainly eX-
isf .iinot hTuJgt to things quite IN Tins hght
and "a Is 10y tBus isIor- what is patent To every one
but the advocate, trt law, science has more tbah
once been mouchj iu,o public contempt We do not
think II at an worth while and here 10 enter into
The merits of the controversy Nh CurtisS
method - treating ii deserves, however mnnehis :
considerations Tie tribunal to which he addresses
bin,elfis mainly 'oipo-cd OF the unbiased and nm
rreudieed mrmttf- iry profession. The legal pro
fesion, like every other. made MP. for 'aely Tor
itseIf and world of men living on pur reason,
but OF human beings. When, Therefore t1'-" human
beings are asked Hdcr te Application oi familiar prin-
eiples Of Jaw, to arrive 80 conclusions Nirh the! ana
ali the world know De uGicrously wruu". they an"
very apt, after a mo- to arrive there Tor instance t
is unquestou;oy that Judge Barnard oi the New
York supreme Court never vet nccn regularly in
poschcd for crimes aud mi~dere'noiS; II = 'Q"N
trne that Me,.s Jiy Gould and Iaue, Fisk, ir have
never been found guilty THEFT irsud, and un' rgoue
the penalty Ol the offended Law II is less true hat
familiar rule uf construction that al persons aeen~rd
ofa t,n,e a. s,,rp,.,.t 20 be innocent until they are
proved 10 0c guilty.. When however, Mr. Gurus takes
those siropie and rules, and pats them together he
may possibly produce oertsn conclusions slightly
astounding to the ordinary min. ~ is the
s,oid manner ,H which be does thi-, and
tAe sligntIy PecksmhilI tone iu which
he mcial1es the result Ae arrives al which lends
st. amusing characteristics 10 this production. As an
example ~ what cite the following bit ~
ra,opiuc e>a,tlr stsud~ in the pamphlet Judge
Barnard has h'eu lNi-c elected 10 TIE bench aud hs
p,soriaes Iii ny his side p. 9D: Mr.. Curtis
h not heard Of hi. chmeut removal from Office
t N: therefore every order ~ Judge Barnard II to he
regarded - The order OF any 0iher masist ale. Mr.
Games Fisk, ir i,1 i-o.s whom Mr. Cmu~ Ba, never
,ren 10 his hnowltdg and with whose general merits or
,nus therefore be presumed to be useful and proper
member Of society. nudge OF the supreme Court OF
Ncw-York may perform such judicial acts "S signing III
functions and odorS wherever he may he, and
al an huurs tp. .sl. When, Therefore, Judge
Barnard having hastily summoned iroIn the bed
sid. or hs dying mother. hundred 50 miles away,
srves ~ NcwN0r late at nig ght, and met on hs
from the ears ms house by lawyer, no stops iim
end asks him order appointing James FISK jr.
OF hundred and fifty miles OF railroad and
Of property n suit in which Fisk was virtually
plaintiff; and when Judge Barnard take, the order into
a real estate Office at hand, aad there instantly
sign, IT, snrh order 80 procured Is one which MI.
trrtis declares entirely clear proper 10 he made
60 2 II is wholly impossible 70 deal sru'ely with such
method arguing This SOphi,iry no name for H.
Under the pretense excluding prejudice oir Curtis.
in popular appeal bar under the guisc Of legal
opinion undertake. TO establish rules OF evidence which
eut all information concerning the essential facts
upon which the decision OF the case III p0iht must turn
The verdict o The bar upon the BarlO7 Field controversy
can only be affected ia a way disastrous 10 Mr. FIcid,
by any such system of defense that here pursued
Charges of most serious professional character have ia
this ease been advanced responsible quarters in
every way IN which il possible 10 advance them. Mr.
Field had first, either of 10 pursue; he
might upon his high reputation and silently and con-
temptuously ignore the charges which made; or
he could have demanded, Of right, Investigation
nv Jury or by his professional brethren n" did not
nj 10 pursue the OF silence. In his newspaper
controversy with Gen. Barlow, he ed that hc eagerly
eourted an investigation: in fact, dcUanfcd Il of
,4vh, We have moi as vet, heard Of any investigation
info the matter by on unpreiudiced tribunal
REGARD this nnaue opinion OF Mr.. George TcRnor CrrS
poepared az the request of intimate HAnd Of Mr..
Pleld,' as in any way substitute for H.
Nem fjublllatlons