National Republican. (Washington City (D.C.)) 1872-1888, 1873-06-12
BUDDING BLACKSTONE S,

oODDlNu DhhNhOlONb lbs
(coniinu,d from First Pdg,l
socIety, says: "rhe most valuable additions
made 10 Legislation have been enactments de-
structlvsof preceding legislation; and the best
which some former laws have been repealed"
and II IL undoubtedly true that
rRoGREss AND POPULAR NIGHTS
deeply indebt1d Tor The removal Of impedimeut
TO the one and restrictive limitations upon the
other, derived by Legislative wisdom, IMAM LOT
AM benefits they have ever derived from the
positive Intervention Of that authority In their
behalf Probably that band Of nrm aud iron men
that inauguratcd American history IN New hng-
land would rcRarl such a declaration as rum
ciently hcrctical to Justify the severcst penal
ties provided by this harsh aud unEenernus code,
Hut an advanced civilization has taught their
descendants that statutes ordained to control
men In the inhnite variety Of all their duties
and transactions, whether political, economical,
moral or domestic, were calculated to promOtc
neither the welfare OF a community nor the hap
piness OF q people; and that a man could, with
reasonable safety to the public be left free to 60
10 church on Sunday or not, rs he pleased, aud
ought to be RraciOuHly permitted, without incur
ring the danger OF a criminal prosecution, TO KISS
his wife on that day " disposed to dcsecrate ltA
sanctltJ by indulgence In such domestic
Butwhnst such has been the general character
" legislation, the judges, the )ntlsts anu SUE
dents Of the science Of law have been enlarglng
PRscETn or SAruRlL JUSTICE,
applying them TO the changing conditions OF so
yiety aud the progressive deyelopment OF lnu ,
trial pursuits, and building up grand and philO-
sophical system Of Jurisprudence, resting upon
the nature Of the wants and necessities OF men.
The science OF law has Kept up win tne RAPID
march Of the physical sciences, and as the stu
deut OF nature, by discovering and disclosing
her principles Of action IN the material world
and suhlecting her forces TO the uses OF man,
has opened 10 enterprise new fields Of labor and
furnished new agencies for the business pursuits
OF life, the student Of law has unfOlded those
principles OF natural Justice originating with the
same eternal power for the government OF the
moral and social world, and applied them TO pre-
serve and enforce the civil obligations aud duties
VI men.
II was by this process that the code OF COM
mercial law was formed aud systematihed by
Mansfield, and II was by this process that llard-
Nlch developed the generous principles OF equity
Jurisdiction and gave harmonious proportions 70
that vast system which has since become the
most important and extensive department OF
our law. Do not understand me IN what have
paid IN regard TO legislative interference as In
diCAting that the legislative power should, In no
Ease, be exercised TO regulate Individual rights;
all that mean TO say - that this department
should Coufuo Itself within the narrowest limits,
and leave TO the courts the broadcast and most
extensive Jurisdiction. Neither do ! desire 70
be understood In what have said ~ reference
To legislative restrictions upon Individual lOefty
Ms deprecating the importance OF those acts Of
the Parliament Of Great Britain which grew out
OF the contest between the divine right OF inc
sovereign and the inherent rights OF the people
and which are said to constitute In part the body
OF the liberties Of the people Of England.
They were necessary 70 assure AM project t tne
hut they contained no new principle, and were
simply the echoes OF tue voice OF the kngllsh
iutlsts and the English courts that mad long PC
tore announced and demonstrated that the Eng
liah people were entitled to all they contained q,
part OF their original, uuaienated rights, resting
Tor their authority upon the principles OF mature
Justice and the fundamental charter OF tho Eng
llsh Government.
The history Of that contest which continued
IN vigorous and almost unceasing activity iron
the earlier days OF the nation to the accession 0
William and Mary, and has been since repeat
Cdly renewed, illustrates the superior usefulness
and guardian of popular rights and the adyOcat,
uf justice TO the people from the GOyernmen
they have ordained. The record Is lumnou
with the achievements OF the profession, and ~
unyleldng bold, and eloquent advocacy OF pop
ular rights dened and violated by the usurpa
tons Of the sovereign.
That there should not he even in the midst o
this light some dark spots, 1t would be unfeasoL
able to expect. Eeyating as Is the study OF tn
law and deeply a. that study must impress TIT
heart with a love Of Justice, yetlt cannot chang
human nature, and there are some men In who's
souls depravity will silence the voice OF tn
MODEST Instinct; and power, therefore, VII
always ind meuials ready ~ be purchased, l
able and willing to reward servillty.
THAT rue CROWN or ENGLAND
should have obtained from among the legal pro
fesson men Of distinction and learning wllllnl
to sacrifice their convictions and their honor II
consideration Of the royal premiums bestOwe
on supple and sycOphAntlc instruments shout
not therefore surprise US. But the profession a
abody must not 6e judged by the acts Of som
Of its members who have fallen from their hlg
estate, They constitute exceptional cases only
and their degradation Is their own, and their II
fanny is their own, and from their fall you ma
appreciate more distinctly the glory aud mono
OF the great body Of the profession, TOR whic
from the TcmOtest past, as well as the neare,
present, historys muse sends TO us the yOc
OF the popular heart breathing love, gratitud
and praise for the yindicatOn OF Justice again
wrong and liberty, against oppression. mi,
Jus.ien Of England, molly iT'etdYeehied ne errro
oTtne Attorney General aud, deeply AS he ma
have deserved GensuTc, whilst holding the latt'
once, for unscTupulOusly stretching the roy
prerogatlyc, regardless OF public liberty, sue
Censure dies on our lips as we read the history
his subsequent life, and measure, II we can, b
vast services TO the cause OF popular rights, B
undaunted, vigorous and Independent resistant
TO royal entertainments. The period OF his Sc
vice as Chief Justice was probably the most cri
heal period OF English history.
James had determined to rule In England
an absolute sovereign, and found the power IN
authority Of the court to be the most serious,
not the only impeachment to the cOnsumnAtlO
Of his designs. The judgment OF the king
that tribunal, standing as barrier TO protect u
people, Instructed them In their rights au
privileges which, when they understood as the
lawful Inheritance, they were prepared TO d
fend 10 crush the power OF the court and d
strOy It's Independence became imperative n,
cessltlcs 10 the realization OF the royal scheme
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Happy would II be ior the honor OF the bent
ana fortunate Tor the institutions OF America
the proud heart OF the profession would ado
inc Indignant spirit OF lhls grand and maJest
response whenever questioned as TO pro
pectiye Judicial decision. But ] regret To Leaf
mat IN tue noble state OF Illinois political par
has been organized with the openly-declart
purpose OF having solemn adjudication OF y
court OF last res0Tt OF that state reversed by ell
Natlng TO the bench men VINO are distinctly con
United TO such q course by uneqrivocal a
sufances and blnding pledges.
Tue election has taken place, anu the fOrlnl
Chlef Justice OF the state VINO pronounced II
oulecu0nAble opinion hAs been deIeated'
have no sympathy with those
LARGE RAILROAD CORPORATIONS
whose unreasonable aud inordinate eXactlOI