The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-08-22
AMERICAN LAW.
The Annual Address to the Bar Association
by Judge Dillon.


dress by Judge John F. Dillon, of New York
His subject was 'The General Character Of
American Institutions and Laws accompanied
with some observations upon its present and
some speculations concerning its future condi-
ton He declared that every nation must stand
for, embody and represent some great principle
which permeates, vitalizes and binds it together
In our government this principle is the absolute
civil and political equality of all citizens, whose
collective will, expressed by majorities, is the
original and only source Of all political power
By this fundamental principal we must stand or
fall He would not discuss its soundness, since
the stage of discussion ended with us more than
a century ago; meanwhile the principle
has stood the test Of time, overcoming
our fears, Strengthening and confirming our faith.
He pointed out the vast extent and rapid devel,
opment of the country, with population ex-
ceeding fifty millions, occupying thirty eight
States and nine Territories, and reaching from
ocean to ocean. He denied with emphasis that
our institutions had either failed of success or
that their workings were unsatisfactory He
alluded to the great and complex problems
which confront the American LAWYER arising out
of the laws and legal institutions of nation of
such vast territorial extent, with its duplex
systems OF national and State governments and
by the continTed muItinlicat ;on of oo,no,o4;,s
dealing with interests vital alike to individuals
and to society. He insisted that Justice was of
supreme and paramount Importance not simply
i11stice was the resI1lt If oood ios vali oS,n;,
istered He antarad n3on or;+;oaI srr
vey OF the general nature of our system
OF laws and its practical workings
were consonant with our nolitical institutionss
and adapted to tbe oenius tanneT and yvants If
orr people He declared that the cono,,on low
Including en,1itv was tha Ground yvorlr 7of tba
whole system If American einI.isnrndance He
traced the history Of tha dayalonTp,ent of +bof
law and showed that Il had fro,p' +ha f,s+ baar
distinonisbad and cbaranta,;ad ~ : - s,;;t -
freedom which esnecialIv adanfad 4 IL tba tam
ner and necessities of sole yoyarnsd neonla.
Ia ~ a. :, - $500 $50: gpi
corstitnencas [yae nth +h s;it IF
common law was adonted At ~, earIT ne,od in
,,1,Io,,d I'D w. I ; ~ a. 4s t -.
exfent in this coTntT that tha Stotas sayaraiv
dealt with the conoerias Of ,n,nicinal inet;t1
tions ;ndonandar+ e fadol atag 49, -
iIv nrevantino - noi;t;eal
1svo, Of tba na3ona, tat = tb pasco,,d
mo sca1a The fadoroI rla,os+itnt;o,, 90,
stifute6 +ha States ana naonla If ali
fine States into tbe national Government
He anIoerizad +bo c,o,ss+;4,,+; - A. TT4i+ad
Statae ae tba roos+ IN ,,l of ,,st,n
fia ,o;ticsl 49, - saatad n
statad IN fbe ,araa Get tTo Ar ab+aJ,ass 81
tbis conntrv IN tba indooa4s Of Gb;ef
MarshalI h; III + ah -
mon the ConSt;tt;o +b+ = bIo ~ aad
With the Growth and Tins a,osvered tbe neces
sites Of reat naoola He daclarad MarsbaIrs
JUDGMENTS 1nnn Inc a+;onal Cnst it,,to 10 he
anon, the most ORIGINAL and massive works az
tho bl7p,a roosor nd a. +bat b ,,,,;yas II go
sent he hora tba r,ncnntasteS ard 1nanved title
of the great Chiaf Jrst;ce ''-N>'
Adyerti,,S, - az 49, IL ov,,,ossa5 +ba x;a,v
that tb;s 1nas o1SobIo' and assant;al ,,.t ~
orI i1,dica1 and noI;tical system and that + he
loves 70 ,,r fad =; 90 +ands m ar
nats,ate them Ha entared mon critical er
Atom Of tbe octr;Ta of ;ndc;al nrecadent
and tba I;on Of 10 eanorts If which
we had in England and in this country at this
t;,na 60 ora frfla, Civ thonsand voIu,nas
Orr law contests of the two eyraaf divisions Of
90 t,,te Low srSoaso lou On. go t,,+os 40 fra o.
d 1ass1. "a o, - l "a e
ha avtTsctaJ from n1,mberIass Tanorts and often
from confiictinp decisions The law in its nres-
emf conditioneShe said was fairly onar 70 the
three fold objection If want If certainty If
want IF nnblici4yJ and want of conven;ance
D;scnssiyey tba s,b;act of eodi fcation NJ cons;d
orab1a Ienefb 10 definad tha % r;o1,s saYsae n
which tbis fern, Is uaed and sexnressed himself
as nnosa5 ~ tIo rooo no d;oal soba,nos of ood;f
80 t;ap which had haen adyoeatad Il d;fferan+
tas bt e1S I; fS,or f : o,,sar,a
tive scheme ~ codifScst;on connrahand;nss tba
nr;ncinles of the law reIatino "a the ordinary
and dai1v affairs ~ life and of soc;atv statno
what is clear ramovno, what il ohsolefe saftInS
what is donhtfnl He axnrassed tbe onn,;o thaf
cnJicot;o,, yr;4b; tbe l,;ts ~, oyaad ,oJ
soonar or later he adontaJ IN EnolanJ
and then If not bafora IN this co3 5T.t.'
He andad ~ tha od6catian Of tba avr If ,o1o.
,rocad,,r as ado,ted ,a,,, :. ~
SStete IF New Vel tbo lead of M no~;J
DnJley F;eld and fai;ctata that San+Ia,nar ~,
iiyins II yvtnass tba tr;nnonb If he
ideaS moi onIN 10 tbis en,,u4,U h,t x ,,aorI1
every conntry where tbe EneIisb lane,,aesa i
snoksn Ha ;ns;Sted that t.gn 9l rract;ces had
sprnno mn in recant t;naes Witch tended ss-
14onsI9 10 detar;orate onr casa law The tiret i
that ov;n ~ crovv5ed manv courts an =
oad az s,,b,n;ss of eoeas ,,nor rr;,fad
brafs nd vore5 oroI a. IL h.
m tat - o. + TI ol d
ia ~ : ~ - =, 10 : 4,
for oral aronmsnt atom and he cons;dera5 tbe
Of r;nfes in For so,.