The daily gazette., 1883-06-27

upon the banks of the Hudson and the Del
aware-everywhere let them be recalled
with gratitude aRd honor, aud tributes ol
commemoration be freely rendered from
every quarter. So far from attempted dis
paragement, stinted acknowledgment, hesi
tating censure, or incredulous reception
let encouragement and admiration be be
slowed upon the descendants Of each heroil
band Of worthless, and their Efforts 10 keel
bright the light Of their work and example
and tocherish andstrengtheu the legends anG
traditions locally and personally impressive
and dear 10 them and which have power
fully contributed to place our common
country high in the an OF civilization AND
progress. Each worthy act aud sentiment
iR the seed of ex mple, and is contribution
to the National honor and glory. Each Ii
an integer Of value In the strength and
grea' ness Of our Union; and thus consider
ing Its origin and com p0site nature, we will
the more forcibly be reminded of that
which should never be forgotten by those
to whom its government may be conhded-
that It Is Union, and not unit; q most
pregnant aud essential tact, which by many
well-meaning people seems often to be en-.
tirely overlooked.
MAY rather the perfection consists In
this, that out Of many moderate varieties
aud brotherly dissimilarities that are moi
vastly disproportioRal, arises the good and
graceful symmetry that commends the
whole pile and structure"
Among the terse and earnest ex.
pressious Of these earlier public docu-
ments of our forefathers, there will be
found In thu drst Declaration of Rights, pre-.
ceding the Constitution of the State OF Mas.
s4chusetts adopted In 1880, two articles,
which should be impressive 70 those who
enter the legal profession, and contain great
truths stated with quaint and simple
force, that renders them we'll worthy oi
transposition here and now, and Of memory
hereafter:
ART. 40. II is essential to the preservation Of
the rights OF every individual, his life, liberty
property and character, that there be an Impair
tlal interpr -tation Of the laws and administra
ton OF justice, 1t 10 the right Of every citizen
to be tried by judges as free, impartial and In
dependent MS the lot Of humanity will admit
II is therefore not only the best policy, but fol
sRs Of as G 6s Srd
Judicial Court should hold their offices as long
as they behave themselves we'll, and that they
should have honorable salaries ascertained and
established by standing laws
ART. 49, In the government.of this Common
wealth the Legislative department shall never
exercise the executive and judicial powers Ol
either of fthem;the executive shall never exercise
INC l0klbthLlNo anu luulClhi pOWbTb UT olln6T vi
them; the judicial shall never exercise the leg
islative and executive powers or either OF them
to the End u may be government Of idtos ana
not Of men.
As ours is In ended to be government oi
laws and not of men what super addition to
their duties as citizens accrues to those who
adopt the profession of the lawl
In fact, regarded as mere calling and
profession, a means Of livelihood
q mode of accomplishing honor
able ambition, or a dlversiacation of socisl
labor, the profession Of Law does not dis
close Its widest and highest responsibilities
nor utilities, nor powers for good or evil In
the State.
Under our American system the legal pro
fession is actually part of the government
itself, rs much SO practically as If noml-
mated aud commissioned In Office. Every
American lawyer has functions ranging iu
the degree OF his capacities, activities and
consequent influence, IS legislator, q
politician In the higher sense and states
man.
The census of 1880 gives the number o
persons classified as lawyers In the United
States as "a, 1877, and the total population a.
rather more than 100000 How many o
these so classified are merely thu
titular, or perhaps the ornamental members
having no data, | am unable to state, but In
cline to the opinion that the actual number
Of working men In the profession doe
not exceed one half the number stated Ii
the census.
Membership of the profession in many
perhaps most parts of the Union, may b.
acquired by almost any Que of requisite
age and very limited educational attain
ments.
The loose and careless mode prevalent o
admission to the bar, seems, unfortunately
to be q subject of but little concern or in
terest to the community at large, and evel
within the ranks OF the profession 10 treatet
with too much indifference.
No good To themselves, but much harm b
the community, and preiudice to the pro
fession is caused by the facile admission Z
the bar Of individuals but little fitted b.
education, study, or training for the dutie
of the profession; and still graver caus
of regret 10 that higher standards of pei
sonal character should not more frequentl
| be insisted upon as essential qualification
assume duties so important.
Under the Federal constitqtio
the grant of judicial power is the mos
| unlimited of any In the instrument. 1t el
1 tends
Ito all cases In Laws and Equity arisin
/ under the Consultation, the Laws of tn
| United States, and treaties made or whie
shall be made under their authority, to q
cases affecting Ambassadors and ether pull
i lie ministers and consnls, to all cases
admiralty aud maritime Jurisdiction, to cor
| troversies In which the United States sha
be q party; to controversies between two
more States, between State and citizens
q State. between citizens OF different State'
between citizens of the same State claimin
lands under grants Of different States, an
between State or the citizens thereof an
foreign States, or citizens thereof"
| have quoted this grant ot power In full
In order that when the ch -racter of the 0
Rauization, and the nature and extent
tho prerogatives of this independent branC
of our national government Is compr
hended, you may realize the extent of Il
responsibilities which await the members {
that profession, from whose numbers tt
depositories { such powers ara to be 8
I lected, and whose exercise Of such powers
, for their lives, or $50 long as they beha'
themselves wells" the only method OF r.
moval from such Judicial Office being Il
very cumbersome, dtlatory and impFaetic
. BILE one o an Impeachment by the House
Representatives and trial before the Sepat
. Perhaps Ishould not omit theadmirable pr
D vision OF law by which judge who has serV'
2 ten years and attained the age Of seven
i | is enabled to retire, should he so elect, Al
reoeiye full pay for the remainder OF b
| life.
Q Gentlemen, you are part, or about to 3
g come part, of that class of citizens
4 whom this vast body of judicial power oV
7 the States of the Union and your fellOw-cou
]. trymen is entrusted; and that branch OF I
l. Government is now aud ever was compos
o solely of members Of the profession, and
a vacancies occurring must be filled from
l. 90 me source.
, | Hnntam MIA tinn thia ,uida haId of inrisd