The times. [volume] (Richmond, Va.) 1890-1903, 1892-07-14
STATE BAR ASSOCIATION.
PROCEEDINGS or rHE SECOND DAr.
Address nv Hon. Daniel II. Lucas, and Ia
Der Read by Major John w. hieiy-o'-
ficers Elected-List Of Members

OF ADpeAlh OF ntot
litical Apothegms OF Martin Van buren.
JUDGE LUCAS ADDRESS.
The sneaker started out by deprecating the
modern current Of detrsction which bad set
in against Martin Van Buren,.
The true test Of astatesman's character and
rank is 70 digest aud study the preserved
declarations speeches and public documents
of the man himself. Thus tested, he
pronounced Van Buren, one OF the wisest and
most comprehensive OF our statesmen
Against tho attempt TO write hiIn down as
trimmer. intriguant and sportsman ne OPP
posed the verdict of the great historian,
George Bancroft weighed against whom the
modern bioeraphers were as peacock feathers
against wedge of gold. Bancroft was
quoted at some length TO prove Van buren,
= "a statesman devoted TO principle, ana
s.udying the lessons of experience; OF un,
bemshed private lie, end IIeo ion peiSO""'
intrigue" - s~o,x..;or
The speaker then took up the declaration
of Van Buren,. uttered IN debate on the J ana
ma mission in 1926 that the greatest oenent
we could bestow upon the Spanish american
nations would be % teach them by our ex-
ample the value of fidelity 10 written con-
As illustrating the truth of this apothegm
the speaker took up the political history OF
Brazil. which he very foreioly described as =
her new republican. constitution and de-
clared IL to be an admirable instrument Wei
adapted TO preserve tree institutions. Inc
difficulty lay IL exacting perfect obedience 10
its provisions. =,
The speaker called attention TO the immense
increase of European emigration 10 SOuln
America and praised the sagacity OF the late
Secretary of State in endeavoring 20 fortiiy
our own influence there by bringing us
mutually into closer relations OF trade and
commerce. lie thought, however, that there
was higher species OF recipIVe'tS, "h.oh
perhaps could be cultivated with better re-
suits a reciprocity of thought and free in
terchange of ideas
He thought Pan-American University OF
Ciyics might he established. Were the STUDY
of the spirit of laws and the scence OF tree
Government might be taught The spanish
American might here learn the art of self
government as understood and practiced by
the North American.
We also might learn something by studying
their institutions. particularly those OF Brazll,
and the profoundly pacific character OF her
people.
The speaker illustrated wildly by quoting
and applying some wise maxims of Van Buren,.
and concluded where he had commenced by
declaring that the wisest lesson we could
teach our sister republics was by our example
to illustrate the importance OF implicit ODE
dience TO q written constitution.
fOhClbLE AND tLJgOhN1.
Mr.. Lucas was eloquent and forcible; his
views were original and clear. HIS analysis OF
the Brazilian imperial Constitution showed
it's analogy TO Hamilton's idea which he pro-
posed in the convention of 1887. The repub- |
lican system adopted was in accordance with
the cabinet idea adopted IN the French re-
public and contrary TO the idea in our Ameri- |
can Constitution. The speech was received /
with hearty applause and close attention.
WEDNESDAY EvsN NC.
The evening session was opened by the /
reading of paper by Major John w. Rely. |
of Halifax Courthouse. Va Subject, The |
Criminal Laws and their Administration.
The speaker treated the revision of the |
criminal laws by the revisers (Judge +. G.. |
Burks. Judge Waller K. Staples and himself |
of the Code of Virginia OF 1887" and showed /
what changes and amendments were made of |
the existing criminal statutes and what new |
ones were enacted. With each change or |
amendment OF new statute Mr.. Rely gave
the reasons OF the reyisers therefor.
The speaker evidently did in respect TO the |
revision of the criminal statutes what Judge /
Burks did in respect 10 the revision of the |
civil statutes in his admirable address before |
the Bar Association at the White Sulphur last |
summer. and thus completed in a mastery |
and thoroughly comprehensive way a running !
summary OF the more important parts of the |
work Of revision of both the civil and crimi-
nal statutes
Mr.. Riely's paper was pronounced able and |
instructive. and he received many compl- !
ments and expressions of satisfaction from his
brother lawyers
Mr.. John b.. Donovan, of Mathews Court |
house, Va followed Mr.. Rely in paper !
entitled Aquatic Rights and the States in
terest in and the extent of Its authority over
the navigable waters within the territorial |
jurisdiction Of this Commonwealth, and the |
bottoms covered by them"
THE STATES OYSTER LANDS.
Mr.. Donovan said that the question to
which he invited attention was the direct and !
personal interest Of each one individually In !
tide waters and in the lands covered by them; /
that the discussion of the subject would re- /
quire him to take the audience. many of |
whom were dry-land lawyers into deep |
water, and although it might prove uninter- |
estng 1t surely could not be considered !
dry 1t WAS of vast importance. as il had |
been estimated by high authority that there |
are more than million of acres within the |
territorial limits of the State which are ca
pable of producing such fabulous wealth us
would bring O blush to the cheek of CrGsus,
aud millions Of revenue annually. He COM
planned OF the act OF 1873. by which 10 had |
been the first time solemnly declared that all
the beds of the bays. rivers and creeks shall
continue and remain the property OF the
Commonwealth. He said that b9tore the
Revolution the title to the public
Ndtelo AuQ lut pubic DOIlOlnS was
vested in the crown. but they
were held not absolutely by the king but as
trustee for his subjects who had the right to
catch shell-fsh and floating fish. and the
king since Magma Charta had no authority 10
make any grant In derogation of the right of
the people. After the Revolution the CON-
1nonwealth assumed the protectorate which
had been exercised by the crown. and the
people. as citizens. retained all the rights TO
which they were entitled when British sub
lects, including the right of fishing. 10 sus-
tain his position he cited a number of decis-
ions OF the Supreme Court of the United
States and other authorities. and referred TO
the legislation in Virginia before the late
war. when the subject was better
understood than now. and alluded to Gov
ernor Wise's advocacy of taxation upon the
freedom" which madeit familiar as house
hold word. lie SAID the question was not the
power OF the Legislature TO rent out or sell
the public bottoms, but the right to do so;
that might does not make right that the
Legislature Is the grand depository of the
CoRsttution and the guardian of the right of
ali The people. and that II is its duty TO make
all needtu laws for the preservation of the
public right. and to hand them down unim-
paired TO posterity
Mr.. Donovan's speech gave general salts
faction. being suggestive Of a remedy for
evils which have agitated the Iidewater
counties Tor many wears and the solution of
questions affecting the Interests OF individuals
and the public at large.