The times. [volume] (Richmond, Va.) 1890-1903, 1891-07-31
THE DUAL UNIT OF HUMANITY.
Delightful address by hon. John Ran
dOlph Tucker.
LAST DlY or THE BAR ASSOCIATION.
ELEGANT banquet in the Evening Many
Toasts Responded 20 ty Leading
Lawyers of Virginia.

sociation was called 20 order at II O'Clock this
Inogung, and Judge Burks introduced Hon
J Randolph Tucker president eject, who was
received with enthusiastic applause and read
q very able paper, which was listened to with
close attention and great pleasure and though
tbe subject was strictly professional
lie threw into tho wisdom just enough
humor 10 prevent It's being at ell heavy, even
10 those who could not solve the mysteries Of
its technical learning. Mr. fuckers address
was on tho property rights Of husband and
wife
Starting with a very pronounced favor Tor
the oid-fas1iOned notions of marriage 0s
ol divine ordination, with emphatic opinions
fcr the headship of tho man, he instituted
comparison between the doctrines OF the civil
law and the common law on the subject. 10
won't quite freely into the Roman law, n0di-
fed as IL had been in the later emi ire. and
then INTO the community system prevalent
on the continent OF Europe, ana notably IN
Louisiana He showed that wliio the rigid
common law was not iayOrableto the separate
rights OF the married woman, courts OF
equity had for centuries 80 modified the COM
mon law doctrines in the creation OF tie sepa-
rate estate of woman rs TO be full protec-
tion other rights-at least as far as her ilionds
desired.
He indicated with earnestness the theory Of
the common law of marriage in permitting
the unity of that relation and opposing every
thing tending 20 loosen the bonds OF eutre
confidence between the par, which he called
the "duai-unit of hum8nity," tand ne m
insisted that while the common law
might err in not preserving the prop
erty rights Of the woman, 1t did
50 because it subordnated property rights 70
the moral and social considerations IN re-
spect to the marriage status He was evident
ly not partial T. '1he Married Woman5
acts while concedng their property 20 some
extent he feared they loosened the marriage
tie IN order TO save property right.
lie criticised the right accorded 90 the wlte
e. 60 into trade without the consent of her
husband as actual divorce under mere form Of
marriage. lie thought, too, the married y man
should be q sharor in the expenses of the
family. and her power Of managing her lro-
perty withOutthe concurrence o. her husband
and without the protection Of the courts Or
any judicial official was o. expose her 90 spolla-
ton 10y her own husband az we'll 0s strangers.
lie insisted that the confusion of title re-
sulting from a joint and promlscuous posses
sion by husband and wife opened the door %
fraud as TO third parties. and that something
should be done 10 give notice to the world OF
the title Of parties IN such cases.
While therefore Mr Tucker thought the
lsw had gone too far, he conceded tho new
system had come 90 stay, but he advocated
preference IN practice OF the equitable sepa-
rte estate over that created by statute. lie
derreeated the entrance of the wife iuto
tra q, often against the viii of her husband,
and urged the need OF public and record NJ
tee as to tho property held separately Dy tho
wife Ms essential TO far dealing
He closed by an urgent appeal TO save tho
integrity Of the marriage institution from all
seemingly fair legislation which would shake
it, foundations Better, be said TO lose the
cargo than risk the ship. Better, far better
e. ruin the Wife's fortune than to wreck her
home His argument was Tepete with
strength and pathOs, yet interpreted Wlth
sanies Of irresistible Wit and humor.
THE BANQUET.
The banquet was announced for g O'Clock
IN the evening. II WAS very elegant enter
tainnent At 1880 the ladies wereinv4tod TO
come in. and seats We're provided for them
where they could hear the Wit and eloquance
which flowed abundantly.
Judge Burks by right Of his Office as presi-
dent should have presided, but being troubled
with hoarseness and delicate throat passed
over his function of toast master 70 Dir.
Charles M. Blackford, who IS emlnentiy lifted
In grace of manner and Wit 10 hll such 20
st0n. His introductions were extremely te-
ho.tous. and his selection Of those who re-
sporded most fortunate
THE ToAsTa.
The first toast was:
To our guest, Hon. W. G p Breckinridge OF
Tentuckv the son OF Nirginia's oldest daugh-
tr. lie has added another jewel to our chap
t,r. ana II comes wreathed with laurels poDly
Won. In which as next Of kin We proudly claim
h.utago.
Dir Breckinridee Was unfortunately called
away an hour before the banquet and could
not respond.
The Bench: The constitutional authority be-
hind and greater than the throne We should oe
zoalous that its power be ever tempered win
Justice and that those who WELD 10 be con-
scientious, learned and pure.
This toast was to have been responded to
by Judge Harlan of the supreme Court, but
~ hls absence the Hon. John Goode was pre-
vailed upon 20 I'll the place. which ne hd
most oioquontly.
Tie Bar: Il has ever heon. and is now the
great bulwark of the civil rights OF the people
Hon. r. Taylor Scott Attorney General Of
the State Of Virginia. made a most diguided
and elegant response TO this.
The Bench and Bar: Each an evolution of and
dependent upon the other, hoth necessary ID NE
pre'ervation Of institutional rights anu consil-
tuuonal liberty.
This was responded 10 in chaste and beau
tiful speech by Judge W. r. Staples.
West Virginia, yirginias Youngest daughtcr:
We have invaded her territory, but not as
strangers; we are still At home.
The response was by Hon. w. l.. Wilson, Of
West Virginia, whose eloquence III the House
spread reputation.
COOS not die With Us, Il is because NC have made
u immortal.
Mr. Thomas Nelson Page gave charming
response 10 this. which was enjoyed particu-
larry by the ladies present
The Legislative Department Of the Govern !
ment: The more lawyers We have ~ the leeisla- !
tive halls the fewer bad laws We have 10 con- |
tluo IA the courts.
Hon. H. 81 George Tucker responded in a |
happy and finished style. which showed him |
70 be worthy of the line Of statesmen whom |
he represents.
Our clients our best friends; We rejoice |
ilat we have made them wiser. II they are sad /
Ger Us from the Chastening which marks our |
love.
llr. William II. Abbott was brilliant, witty |
tnd wise IN bis response 20 this very fruitful |
and suggestive theme. and brought down |
showers Of applause from the entire house
Ihe banquet closed the most brilliant meet
lng ever held by the association. the nomina-
uon and election of officers was unanimous,
az @9a the success was largely due 20 the efforts
oi tho executive committee aud their efficient
euarman. Mr.. Charles M. Blackford, who
ISSUES the contamination Of every undertak-
'Ns Dy hs energy and good taste.
Mt John A. Lewis. of Lynchburg va,
"e' elected chairman Of tho committee on |