The New York herald., 1874-11-14
A Legal Cenunarum.

which he ought to be the most competent per-
son to solve, but which Is equally presented
to him and to his eminent legal brethren.
Our conundrum Is founded on an anecdote
related by Mr. Curtis in foot note to one OF
the pages Of his elaborate sLife of Daniel
Webster" It seems that after Mr.. Webster
had been retained to argue the well-known
Rhode Island case in the Supreme Court he
engaged the assistance of young but learned
lawyer Bosworth by name, who had acted as
junior counsel in the same case in the Court
below. This Mr.. Bosworth had elaborated
point which his former senior dismissed as of
little consequence. When he was called to
Washington to assist Mr.. Webster in the
case he went over the points argued In the
lower tribunal for Mr.. Webster's information.
After he had got through Mr.. Webster asked
if that was all, intimating that the case was
not fully covered. Mr.. Bosworth modestly
replied that he had prepared another point
which his former senior thought unimportant.
and went on to state it, Mr.. Webster started
up with great animation, saying, "Mr. Bos-
worth, by the blood Of all the Bosworths that
fell on Bosworth Field, that is the point Of the
case Let 1t be included in the brief by
all means"
Now, our conundrum is What was that
great point which Mr.. Webster regarded as
so entirely decisive? The anecdote, as told
by Mr.. Webster's biographer, leaves us quite
in the dark but we have no doubt what the
point was. careful study Of Mr.. Webster's
argument on that occasion convinced us that
its great point was the duty Of the President
to recognize what he called 'the exist
ing government" We accordingly pre-
sented that as the turning point of
the controversy, and our Judgment was
confirmed by the forcible letter of Judge
Black, who, without any reference to Mr..
Webster's argument, singled out the duty of
the President to recognize the de .fdcto gov
ernment as the proper hinge of the discussion.
If that was not the point which Mr.. Webster
swore "by the blood of all the Bosworths who
fell on Bosworth Field was 'ahe point of the
case" we would be obliged if some lawyer
would tell us which of the other points made
by Mr.. Webster is entitled to that distinction2
It was point that other able counsel had
neglected and undervalued; which cor
responds we'll enough with the treatment the
same point has received from all our eminent
legal correspondents, with the exception of
Judge Black. It is certain that that point
was made by Mr.. Webster in his celebrated
argument, and it would be difficult to indi-
cate any other of his points which other able
lawyers would be likely to underrate.
It seems to us that Mr.. Curtis, who quotes
Mr.. Webster as an authority against Judge
Blacks position-that tho de .facto govern
ment is the one to be recognized--falls into
singular misconceptions. Speaking Of the
two governments in Rhode Island he hazards,
in the letter we print to-day, the strange as
sertion that ''each was as much de .faclo gov
ernment as the other" whereas Mr.. Webster
exerted all his great powers of sarcasm and
ridicule to show that the Dorr affair was never
de facto government at all. We ask atten-
ton to the following passage from Mr.. Web
sters argument before the Supreme Court -
Thirdly and lastly, say that there is no
evidence offered, nor has any distinct allega-
ton been made, that there was ON actual
government established and put in operation
to displace the charter government even for
single day. That is evident enough. You
find the whole embraced in those two days,
the Sd and 4th Of May. The French Revolu-
tion was thought to be somewhat rapid.
That took three days. But this work was
accomplished in two. It is ell there and
what Is It? It's BIRTH its whole life and its
Jo.th ,,o-~ .coo,o cl;obad l., cortu ;rb< h,,,-c
What does it appear that the members of this
government did? Why, they voted that A
should be Treasurer and Secretary and Mr.
Dorr Governor, and chose officers of the
Supreme Court. But did ever any man
under that authority attempt to exercise q
particle Of official power? Did any man
ever bring suitp Did ever an officer make
an arrest? Did any act proceed from any
member Of this government or from any
agent of it, to touch citizen Of Rhode Is-
land in his person, his safety or his property,
so as to make the party answerable upon an
indictment or in a civil suite Never. It
never performed one single act Of govern
ment. It never did thing in the world All
was patriotism, and all was paper and with
patriotism and with paper it went out on tho
4th Of May, admitting itself to be, as all must
regard II. a contemplate sham"
And this was Mr.. Curtis de Eacto govern
mont! AS much de facto government he
gravely tells us, as the established govern
ment OF the State His opinion on this point
is, at least, in marked contrast to that of Mr..
Webster. Mr.. Webster devoted o large por-
ton of his argument to prove that ''the ex-
isting government WAS the only one entitled
TO recognition. We call Mr.. Curtis attention
to the powerful passage in which Mr. Webster
exploded the reasoning Of his 'learned ad-
versary'' founded on the pretence that the
Dorr affair was s'a rightful government" He