The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-05-10
LAWYERSHAVEABIG DAY
CoL.s MERCER MADE PRESIDENT
OF THE BAR ASSOCIATION.

De helQ IN augusta III may o0O-
The Association Banqueted at Tybee.
The Georgia Bar Association held shor {
session yesterday morning and adjourned
TO meet in Augusta in May, 1890. The
election of officers was held and resulted as
follows:
President-Col. George A. Mercer, Sa-
First Vice Washington Des-
sau, Macon.
Third Vice President-J. L. Hopkins,
Atlanta.
Fourth Vice President-Spencer r. At
kinson, Bru Dswick.
Treasnrer-S Barnett, Augusta.
Secretary-John W. Aiken, Carriers
vile.
Executive Committee-Frank H. Miller,
Augusta; r. @. Erwin, Savannah; T. J.
Chapel, Columbus; W. H. Fleming, Au-
gusta.
citation were elected: James Atkins, 81
vannah; r. L. Rogers. Atlanta; j. H.
Hall, Macon; J. E. Pottle, Milledge-
vile; Livingston Kenan, Darlen;
Davis Freem n, Savannah; W. E Hsr-
rison, Savannah; T. s. Morgan, Jr.,
Savannah; 8. r. Atkinson. Brunswick;
Marion Erwin, Macon.
The reports of quite a number of COM
mittees we're discussed, aud a rising vote
OF thanks was rendered the members Of the
local bar for the Inequalities it had ex-
tended
JUDGE BLECKLEY's ADDRESS.
Chief Justice Bleckley's address on Law
as Rule If Feeling" was the leading adj
dress of the day. Posi- i've law IS distin-
guished from natural" Judge Bleckley said,
sis the mandate Of one will 10 another will.
1t is thus relation between two wills-a
superior and an inferior, the one foreign,
the other domestic. Every scheme of posi-
tive law has in it two elements, precept'
and sanctions. The preceptive element
points out what is required and exacts com
rliance with the requirement; the sanction
element declares the consequence of non
compliance. This consequence, in civil
law, is usually some coercive measure TO
enforce either complain &c, specifically, or
compensation in lieu thereof; in criminal
law it is the infection Of punishment. The
moral, and sometimes human law, extends
its sanction 50 as 10 declare also consequence
of compliance with the requirement-which
consequence is reward.
"By this duplicaie sanction is established
what is called a system of rewards and pun
ishments-rewards for obedience 10 Law,
punishment for disobedience
THE LAW-hAKING POWER
Next we notice government, using the
term not as comprehending the law-making
power, but Only the agencies for administer
ing law. The functions Of government, in
order TO cover the whole field of positive
law, must include two sets Of admnistra-
tive acts; one set applying the pre-
cepts, the other the sanctions of
the legal system. To apply precepts 10
IL lu xrh 10 Ba
Is in progress. After an act or omission
il past no law can be applied to it.
You can only deal with consequences, and
these can in no way reach to the vanished
act, or omission itself. 1t follows that the
administrator Of positive law in its pre-
cepts is not the magistrate, but the party
to whom the law is addressed The magis.
trate administers only the sanctions of the
law. There can be no breach or violation
of law otherwise than by maladminis,ra-
tion. A law which cannot be administered
IL its precepts by the party cannot Justly
be administered IN its sanctions by the
magistrate-ia other words, it is tyrannicAl,
an u just law.
DOMESTIC AND FOREIGN WILL.
what the dome tic will cannot do or
cause TO be done the foreign will cauuot
visit with penalties for leaving uudone.
Whatever is not subject to the domestic
will is not subject TO the foreign will in the
exercise of authority over the domestic
will In so far as we are not subject t.
our own will we are not subject to the pos
tive law Of another will. What is not in
the sphere Il sef-government is not in the
sphere of positive government at all. In
its last analysis, therefore, all government
is based on the power and duty Of self-gov-
eminent. Relatively to law, all personal
merit is in faithful, and all personal de-
merit is in unfaithful self-government.
Hence in Dhilosophic politics there is room
for an order Of nobility-the order Of
virtue. Men who govern themselves cor.
rectly are noble in the true sense.
TIE AFFECTIONS UNDER NATURAL LAW.
1--WE know that the affections are under
natural law. Let us see how they stand re-
lated TO positive law. 1t is plain that they
could be put under precept If precept were
separated from sanction. IL would do no
violence TO their nature to ply them with
precepts, counsel persuasion, entreaty OF
exhortations, but to include them in the
double sanction Of rewards and punishment
looks at first view like resort TO bribery and
terror. COercive machinery applied to love,
gratitude, magnanmity, charity is sugyes-
tive Of a contradiction like that between
force and freedom. NV actions may be
regulated by your will, but my affections
seem subject TO no will whatsoever, not
even to my own. 1t may be thought car
not love whom you will, nor whom | will,
but ONLY those to whom my affections spon-
taneously incline True, my VIII, or even
yours, may influence in some degree nv in
clination, but not, it may be contended, by
giving it law. Degislating for it may
have contrary effect TO that desired.
TRIAL AND SUCCESS.
ITO try is certai9ly in my power, but
not untreque tly the more we try the less
we succeed; the shadow Of the will seems TO
be under the sunshine Of affection from
bursting out. There seems TO be a princi-
pie OF spontaniety ia the recee ses Of our
emotional nature delicate and sensitive.
easily wounded, and apt to resent any
encroachment of the will foreign or
domestic) as obtrusive and impairment.
Offer Of reward and threat of punishment
seem to put love, charity, gratitude, ETC.,
under two tyrants, hope aud fear Can
this be done without subjugating them,
without depriving them Of part of their
essential naiurea Do you not destroy them
In proportion as you succeed in tempting
them by reward or coercng them by
peualtyl In SO far as they are accessible e.
the motives Of paw and punishment, are
they not something else rather than them.
selvesi Is love, complicated with hope AMI
fear as conditions Of its existence, love at
alli
AMENABLE TO THE LAW.
Though 1t is obvious that our emotions
are less amenable ~ law than our faculties
OF actiol, for the reason that thew are not
10 immediately and directly related to the
will, yet they are related 10 the will in a
mediate and indirect way, and therefore