New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-19
APPLAUSE FOR MR.. CHOATE.
,,,, DrrJVERs THE ANNUAL ADDRESS
BEFORE THE BAR ASSOCIATION.

weped 10 the annual address TO the American
Far Association by Joseph II. Choate of New
work. The address elected frequent applause
7he sneaker in his Introductory remarks. had
This TO say OF the present National situation In
this country:
~. meet at a most ausplcious moment Since this
,'cietiOn last assembled for its annual confer
@n~e he Nation has been engaged in war which
mas absorbed an thoui"iS ana necessary uls
;:-octed H. # those peaceful purposes which an
nualy bring MS together Bat now "itn uhexpec,cHH
5i.rress. a. the cost or great treasure ana inuch
rS0,ols blood I cur heroes the truly noble OBJECT
Of the war has 9een aScoili,ilsueo Si'u 49, ~.
reodv In sight IL might perhaps oe sAptcteu lhdi
4. accepting ;he very great honor Of delivering ne
sboaG enter upon discussion or some OF ih0se
sss.,orfant questions which must arise out OF The
cc'seQeences Hn reou1s w, Oh 'nS ~ ori ms
yiOus that all sHth qlestCis as tlS3 1IiSe ntuS.
nsfYraly engage ,he best thought and the nOblest
a"S most patriotic cXcr'iOns OF our profession,
which has always exercised Il controlling influence
,Innr controversies about constitutional power ana
inrusted iao study Of those principles of right and
Justice which must govern The conduct OF nations
rs well as o. the individuals who compose them
A. all the great anG cIi''cal poir's OF our Ndlon"
Progress the American bar has found It's appro-
pirate spokesman FOR the public honor and the pub
Of the British Crown, pleaded for the right Of
person, his home ana his papers ana set me pan OF
freedom rolling; Mnen Henry LED the friends OF
colonial rights Ia Virginia and SHOOK the continent
by the tAunaer OF his eoquence, When Hamilton
by the main st.cus- % lis arguments carried the
the Ncw-York convention. when Webster by his
majestic speech incucated in the hearts Of Amer.
the Union twice and Will preserve /; forever when
Fessendcn and Trumbuh sacrificed their politca!
fortunes rescue the great office Of the Fedora,
Executive from destruction, they furnished ex-
amy.ps FOR the lawyers OF al times 10 stand at all
+ seems TO me that it would be out OF place for us
TO-DAY % undertake 20 pronounce as the organized
si6!e. but as YET unformuated. questions in d
pomacy in policy and in public law which VIII
' al mOnFnfOuS struggle
and such overwhelming victories by see and land.
In the mean tine prefer as hope yor preter TO
and tie hrmness Of the President and his consttu-
fional advisers who have conducted the campaigns
Of our gallant Army and Navy 10 swift ana sweep
Ing victory
GREATER CALAMITIEs THAN WAR
You will remember that only Two years ago. in
this very presence, the Lord Chief Justice of Eng
arbitration. declared with your unanimous APP
pr0val. that there may be even greater calamites
them. Now, nothing can be more certain than
that we should have incurred real National dis
yenng for the rescue Of our oppressed and down
trodden ncighbors. The God OF Battles and the
that step, and have no fear that any ambition
FOR dominion or any lust of glory viii bring upoI
US any calamity or dshonOr whatever. In truth.
the generous, the magnanimous terms OF peace
offered 70 our fallen and PROSTATE foes have al;
e9nallv imnorfant nower 70 make peace rests with
the President. subject TO the subsequent approval
Of the Senate 10 the terms Of the treaty. 1t
rests safely with him. and for one am not IN
advice and assistance The war. Of course could
purged Of the last vestige of Spanish power; but
IN war, as in laws, the beaten party must pay the
costs and In settling the terms of peace. and
meeting the novel problems and the serious and
unexpected responsibilities which the triumph OF
our arms has imposed upon us in both hemi-
spheres responsibilities which cannot shirk n
We would. and would not If We could the Govern
ment must not he held too rigidy to purposes and
expectations declared before the commencement or
the war and I'm utter ignorance OF It's possible re-
would never have been permitted TO declare ANA
maintain their independence. for it was only a
month before the battle Of Lexington that Frank
In DECLARED TO LORD Chatham that he had iray y,
one man drunk or sober VINO was in favor OF indie
pendence. II that had been the rule. the proclama-
and the shame Of slavery would still blot the
stars upon our flag. for at the outset nothing was
visers than that slavery where II existed would
not he interfered with. In war. events change the
crowns the work snail We truly comprehend the
great questions which await US. In the mean
tional honor most truly and wisely at heart.
TRIAL By JURY
Mr.. Choatc devoted the remainder Of his ad-
dress to the subject of trial by jury. He said
in part:
However satisfactory such a method of admin
,siering criminal justice may Doe to the French
people WAC cling 10 il through all changes OF gov
eTnment II could not but excite horror and disgust
throughout the Auglo-SaXon world The proceed
ings were read wherever Zoia's fascinating
personal liberty enjoyed in England and America
for TWO centuries had been violated We could
trastng II with our own Trial b! jury. without
the pious utterance from every liz. Thank God.
am an American.
Heroic Zola, 1t IS pleasant 20 think Of him en-
Toying the free air Of Switzerland after an having
ting H. the dungeon 10 which her despotism under
republican mask would have consigned him
This signal event, 50 shocking 10 our sens q:
believe. than whole volumes ~ argument 70
different system Of procedure for the ascertainmcnt
O. facts on which life. liberty property 20 be
olovsht IN 9uusIHenD J., VII "s.P t1 Wt.ernb ~
lis integrity our precious lIial 10y jury ny Whlch
no man can be deprived Of life or liberty by the
beyond all reasonable doubt 70 the unanimous sat
is,lc;on OF twelve Of bis felow-citizens. and no
ment - court until by clear prcponderanc" OF
evidence his right TO II has been dsproved before
Rccirr.ne then 70 the more strictly professional
objects o. our meeting. and selecting topic per
tanning 20 the science o. Jnr.s3rudence "heA ms
association was organized 70 promote, n"Nr
thought that you would indulge me for brief hour
In considering a subject TO wnich couid nI.hs az
perience and which have greatly at hcart-a sub
about IL. which has been more discussed than any
other. but which yet remains subject oi ever ircsh
and vital interest 10 every American lawyer ana
clt zcn-thc trial by jury. Since you iast me-
thrilling event OF prime Importance N - relations
20 jurisprudence ias occurred IN France, when
must have arrested The attention o. every thought
n. observer and have lei especially those sagaclous
theorists who have never tired % dcnouncng trial
by jury. and those eXperimeaioi philosophers ana
legisla iors who are always seeking 70 limit or TO
mu'.,a:e r. or tampcr with II N some way or other
whethor We should not do better 70 LET It alone,
or only sustain and improve u 50 as 10 pfcHerf' III
.nyioaie as the Constitution OF the United states
and those OF most Of the States require.
You VIII readily recall the main incidents or the
trial " lola. An army officer, belonging 20 a race
obnoxious 10 the hatred and jealousy II the French
people accused Of an Infamous crime. h0nhd"n Dy a
Ncerf lions pr.ss had been tried ara convicted by
court martial and after the most shameful degra-
dalton had been condemned for life 20 solitary con
hncncnt unon rock in the sea eating out MS
hear; with des.air more biting than the taons oi
the yul.ure or the beak Of the eagle lie protested
his Innocence and scores Of the best men In france
declared their faith in n also among thein states,
men and officials Of high rank and character ana
before long II became apparent that wheihcr guilty
-. cor, II. lual ma l!cn!lN nm