, 1875-09-19
LECTURE BEFORE THE LAW COLLEGE

| Delivered by Emery A. Storrs.
Mr. Emery 4. storrs, OF this city. yesterday
afternoon delivered before the students Of the
Law College an excellent lecture, Of which tue
following is brief abstract;
| Mr., storrs said tnat in the profession Of the
law there wzs and could be no such thing as ir-
faIlibis authority We did not read Blackstone
| aa the monk would his creod-with uuqneBslonins
belief and implicit confidence. Every lawyer
| thought for h,mself and reasoned for himself.
Blacastone's definition OF law, q ruls Of civil
conduct prescribed by the supreme power in the
| State commanding what is right and prohibiting
what is wrong," was clearly def, ctve because
Ftrst-A rule prescribed by the supreme
power, etc.. which affected an individual or .
particular case. would not. in its proper sense,
be q law
Second-The words '*cl7il conduct" were IN
definite and uncertain.
TAird-1t is not true that, In order to cons,i-
tute a law, the rule prescribed by tho supreme
power must u command what is right and pro-
nib.t what is wrong" 4 statute must DO obayed
as inv, aud it is law, although it may command
the dong Of what Is very wrong and prohibit the
se eon2 you'd s5 Thef link = ef'sas5 aesss ssS wS
statute on any such ground. 4 bet
ter definition. and the one generally agreed
upon by more recent writer's, was, The law la
tue general body OF rules which are addressed
BY the rulers OF political suclotY and which are
generally obeyed."
Blackssoues idea Of the foundations upon
which governments rest Was radically unsound
and pern:cious. Ho says: 1.-THE founda. ions
OF governments ale laid ic the wants and fears
OF Individuals; that the necessity OF protection
is what keeps man in subjection and that ap
agreement for protection on the one hand. and
obedience on the other, is always understood
and implied in every State"
This doctrine is unsound and pernicious. Out
Of it aro.s the idea Of q parental government
Bentham combats this doctrine and bases gov
ernment OIL its claim to secure the greatest
happiness to those whose interest is in question.
This npsets the faacifu1 theory OF IN Implied
contract between governors ami governed
Blackstone supposed that the historical iu-
quit5, how, a. o matter OF fact have political
secrets grown up. was hopeless one Sir Hon.
r. MAiue has shown that it is not.
The sources Of Law wers, fret the statutes
eecond. reports and adjudged cases. The
sovereign was originally ths judge. Hence pre-
cedeuts precede legislation. There Ii no OBJ
iectlon to Judiciary law so long Ga the Judge
substitutes for his own opinion the concurrent
opinion OF Others The differences between de-
cisiops aud statutes we're, first, the former are
e1 post fac!o second. they are implcs.e ed with
the peculiarities of the particular case TO which
they are . piled. To those differences may be
tsaced the objections to judiciary las; 6rst, its
DIX. EeC0DQ lQ9 ulllcuftY OF AScefLAlQ10E II
aud third. its inconsistency.
LIS merit consists in its aexibity or capacity
OF being adapted to any new combination Of Cur
cumetances that may arise.
A third sJurce is Custom, which means "the
uniformity Of conduct adopted under similar
circumstances on many successive similar oc-
cosfons." The Law considers only such customs
the observance Of which By the parties affects
their legal position. The authority OF custom is
not IN It's mere observance by those who have
S%NA tk~4t1
tive.
A fourth source ia divine law. Blackstone,
speaking Of laws generally. and laying doHn
what is apparently intended as q rule for our
practical guidance, lays down the rule thai
precepts which emanate from God are superior
in obligation to any other" aud that no human
laws are OF any validity II contrary to these He
would thus make the Divine Law the primary,
and whele il exists the exclusive. source Of law,
placing it above the expressly declared will Of
the sovereign body. Suppose Judge construed
statute in rhis way. and refused to eofoEce it
because, in his opinion, it Was in conflict
With the Divine law2 He woald be imreached.
There are thousands who think tbat under the
Divine law marriages are ind1ssoluble. Suppose
that some Judge who thus thought refused in
proper case uuder the statute to grant divorce?
Who is to decide what il the Divine law7 The |
trouble Is that we cannot elect by the people. |
nor hare apl o.ntod BY tue Governor, any one |
authorized to determine pra-
<Ao0AJ "A0* k00 OAs4A1t ~" 5Es uu& ~
declare the Divine intent,
Que OF the greatest evils Of the present day is !
excessive legislation. This grows in part out OF |
a paternal Government, in which no man is ex- |
pecsed to help himself, but Government is |
looked to to keep them all Hard times are to |
be cured. not ty harder work and BY closar
but by legislation
Buckle has sad that the statutes which have
conferred the most lasting benefits upon man,
kiud have oeen repeating statutes. The statute
OF frauds has given r,s: tonumberIe.s decisions, /
and is really only declaratorv of the common law.
Our Warehouse law not only MAS unnecessary.
Sut came very near impairing the full efficacy of