National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09


lives might DO called % account for the death OF
| person. fhatisgOne. There issuch thing known,
and that Is not gone. though not in use aud will
read II here from Chitty's Criminal Law. But al.
low me one word before proceed in the use Of
these books. This is a book accepted and re-
THERE Is NOT LINE OF IT
that any lawyer ought 20 stand upon or any Judge
| recognize which Is not sustained by an adjudica-
ton. IL II were SO, II would DO valueiess. Our
system Of casuistcal Jurisprudence, our whole sys-
tenn OF Jurisprudence here, stands upon three fouu
dations-the Constitution, the statutes, aud the
judicial declarations OF the law and what any
be pleased to say. unless il Is sustained either By
ration IS not law. And say as Lord Eido nv says
! IN Russell; "The lawyer Is not conscious OF his
duty, and does not rightly perform IT, who under
axes 70 impress the court with conviction Of
MIN. nis derived from mere say-so.
1,r,. rDls, THE CARELESS, THE RECKLESS
ssv an ~ s6. &c aggressive text writer Necessity
knows NO Law, and when men are driven 70 ex-
emtes ey WIN nc ,xe n1 NV wS cad here and
ascertain these things We may say - adouple
sense, necessity knows no ny. -,
on Saturday, and before tn2t, passage was
quoted here from Whanons BOOK Upon criminal
law, right in the face Of the decisions read yester-
day In Otto and IN Woods, With ft.srence to the
Interpretation o. the law under section $40. Does
Mr.. Wharton fortify his text by reference 10 either
legislative or Judicial authority Docs he fortify
u BY reference TO statute, or 70 clause Of tho Con-
adjadcatlonS No. Il Is only RIs Interpretation.
Let him study through the
SEVERAL THOUSAND VOLUMES
ofadjudioated cases now In existence In the United
one word OF judicial utterance or deciarationihat
warrants what he says. Why, sir, he Is a learned
man. but he is not authority; he does not speak
with tho sanction OF judicial authority; he IS in
vested with no power 70 give Us tie law and die
tate Il to YOU. Need 4 here enlarge upon the
thought that Is contained In what ! am saying,
n nj In MI
sty Of our method, and the usefulness OF II, the
necessity 70 deny any such Idle speculation, or TO
upon The produot oi judicial l Not
II the presence OF bar and court like this Mr..
Wharton writes law books 1Rnow him we'll He
isa
wFLr-IHFoRMED, ACCOMPLISHED, AND EDUCATED MAN
He 10 clergyman aud wears the robes OF a
clergyman. Horne Tooke was prevented from
entering Parliament orbecoming lawyerbecause
horns Of the altar and was not permitted to turn
| back. This man Wharton studied law with his
father an eminent jurist himself, lie Is q man OF
great research, full OF quaint information subtle,
Intelligent, aggressive, and self.assertve. lie has
| written many books. Fora while he was an as.
dclphia. Then he left that and went West and be-
came n professor In O college. lie abandoned the
law as u he were disciple Of the devil, aud be.
then he has returned TO the law and written books
and IN these books IS this thing which comes er
| cdttedrd, but not from the Judge. When read
| that could not help but
REMEMBER THAT INTERESTING FACT
that Is stated-I won't call II an anecdote-that Is
stated by Blackstone. Now, in my humble judg-
| iasn.' II ever tneIS was 19ok written that
thot bonl !, IL Inc m"if ,snn'ior6,, nTodunt ~
| human industry ana human INTELLIGENCE that
know OF. IL Is q book OF the common law &c
| England when Il was in a confused and Devil.
| dered condition unarranyed and only TO be found
IL Baoon's Abridgment In Viner,s A6ridsment in
Institutes and the other old books of lie layy-text-
| books aud institutional books lie took this rudis
fndgesdque nOLes melted II up In his own nleinbic
| and rcproduood II in pure SIMPLE concise. cieaf
| form losing none of lis strength n6ating none OF
rs principles but giving it a compendlops aud
| gentlemen might read as well as lawyers; iaymen
| as well as experienced men. lie himself invites
The law bonine TINT Svhat he Ind 10 saw tnlgbt he
| of service 10 them in their studies for The
| pupposr op tupnovtSG rnrtn N,Nns
aud ot,ing them ror he ncrG,r,nonc, n, ,hosn
mapesterial duties which are among the inc,dents
of he posscssion of property in England, nefore
| this great man there had been other lecturers on
| the law. There were Sir Matthew Hale's history
| of the common law mud Vfner's lectures and thei,
| Woodsons lectures; but mt them side by side
with THIS product OF lIlackstones mind and Black
stones thought, and blackstone learning, and
| they mass away ms withered leaves When slack .
stone for the first time heard that his great book
had been cited In Westminster Hall he hlnshcd,
This illusrious man, this scholar this great law.
yer. this profound thinker, this bepefactof Of his
| profession and Of the people Of England blushed.
And why? Because he kifew as lawyer that the
Jrct,far ar text writer in lie nresoncc az ,ndoe
even as persuasive OF autiioriIs, not as command!
| ing H. was not only compliment out almost
paS"h ,@,',s. hh'S w. ~ htat
,smc,ed by Inc opportSnity expIni,, whv sbri
ono can venture 10 call them authorities. They
have known a Judge a great Judge TOO, In our s,f.
preme Court IN PENNSYLVANIA, who always re-
s WIFI I .ey @ W " WY vy
have often heard him say. II Is law way Of
approaching me court ana an unsound way, anu
say is combined in that book, and It be worth
tanytbing II Is based upon an authority. Give the
authority. IL IL needs reasoning 20 show the ap,
plcation Of the authority, read the authority aud
demonstrate IL yourself Don't giveit on the mere
say-so or the mere authority Of book, which Il
only written 10 teach you
WHERE TO PIND LEGAL INFORMATION
ot IN f,,rnish ne win nntboritv We stand unor
n,0tboritv an.j on tho IeyitimSte IoeicsI coucIn
s,nn froS ,bat suiSorIsy" Nav onr Hnnor
SUI pan ,yandarsd oiT ~ ,hi: dssui,,,- no, \ ~
Wht ~, q, Shso , ~, n,h .s ,a, wu5' VIZ
~ u,t of W. ~, 70 Wv
law law ~, rnd inv 1apIonoar "a 49, ~
ig,hei ma" III nresentm"nt nv a onnd inrv ,ver,
the 9y nes s,n,ed su 20 t a,Sers pus Is no
another. / read from Chitfys Criminal Law
rSs,n q. hoyy,ver one mode nv which nsrxon mn
he mi an his rIal without any Written ascsaIinn vi;
theverdict OF jury IN civil cause because the oat
OF twelve men has then afforded ut least q reasonaDl
presumption OF his guilt sufficient 10 Justify the Crow
IN calling upon nun lor ms defense. Thus ancient
was iaa dowh t,,t ~ ~ h a,i MELON OF tresspsss =
tt9re Fa'. e.st sos "a e uyse,innt We're IVun
,ne calie uno nv ,,s wca
M, stInn fos taSa away goods II the hPw E,,nd IN
tey were taken fconiuisly tho verdict served also
an Indictment and at the present day In an actlo
Tor ISLANDER, In which the plaintiff Il charged with
criminal oense h,,d we nsliiiss the lur
mud that the ~ sn " we piantin may
NM p,, h "p t M nv ot a,sgs
I,,,t tie verdiot mist he found in some court bic
ms conpetent Jurisdiction over criminal matters. a
otherwise il seems 10 have but little fDrce An ali
dayt taken ~ nsi p, ~ on ,,ai may also ge y
cvlNtu w sny A., -, ~ '"u"u''o