The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-26

point Qua its leading features, and how
/ they differed In principle from English
/ law. This also gave him a distinct posi-
/ ucn superior to his brother advocates
when arguing. before our judicial com
mittee or the privy council. appeals from
those of the English co,onles Of French
origin which were ceded 10 England before
| the code.
| His power of applying the theory of law
to daily practice was great, and it seem
ed to him a real pleasure TO explain to
others what he knew and valued so much
1 himself. Few works on English law have
been so readily accepted and so UNIVERSAL
| ~ used as Benjamin on Sales" switch
has gone through several editions. The
/ profession and dulles of barrister and so
/ lcitor, which in England are separate,
are In America discharged by one and the
same person. thought is common in the
case OF partnership, for one member of
the firm TO devote himself to seeing clients,
getting up the facts of cases, and doing
| oil those things which in this country are
! done by a solicitor. while the other part
/ rier takes up the litgant cases at a later
| stage, and conducts the trial of cases and
| the arguments of points of law in court.
! benjamin, before he was led into the fierce
! struggle of political life, which ended in
! ms acting as one of the chief advisers of
Jefferson Davis, had for years been a
49,, '''eiI a sd POI ~ P 10
~ s -
and few men had a sounder or wider range
Of knowledge and experience of the law
merchant, including shipping, insurance
and foreign trading, than Benjamin, long
before he ever thought of leaving Ameri-
ca and coming to England.
4 Shauipels ~ LAND puluihss soon
| Se eSa-H Nell nileu "itn pliele anu cases
- anu tieIe rom carry mo- Aiis
~ ia.e eFehlhg was benjamin 10 De Iouno'
.eu.ly uispoSlns Oh an tat came 10 nun
VIII az illuch zedI ana energy as ne coulo
nave SHOWN were ne young man lor the
nrst time earning his livelihood. But
| nol a.. 'h,s' ne never Closed ms door 10 any
| ti4ehu VINO came LOT d chat OF 10 OBTAIN
ms views on some NICE point OF Anglo
| , tAiiiel lcoii Jurlspr uaehee' once went 10
MN nnyseH 70 ask LOT the explanation Oh
d ne" system whlch had grown up III the
export traue from New YORK 10 Liverpool
ne gave me at once as was ms manner
short anu clear account OF the practlce,
ana also explained the legal results and
the rights OF the parties.
rms leu TO a curious sequel, Tor with
IN lew weeks was retained for plain
tiff in chancery against two defendants.
When the cases came on for hearing be-
lore vice Chancellor Mains L duly APP
| pcdreq, 1eehng conhdent OF success, not
only from my own opinion OF the plain
tiff's rights, but according 10 the view ex-
pressed by benjamin that he was in the
Flght. 4 round opposed TO me Tor one OF
the defendants Sir Rounded Palmer; for
the other, Mn benjamin. PalmeTs case
was postponed on the ground of personal
convenience, but he told me while we
waited for the judge to come into court
that the point was quite new to him. Ben
1amin and myself occupied the whole day
withs our arguments, and the vice chan
cellor, after much doubling, delivered a
judgment against The view presented by
benjamin andin favor of that with which
he had furnished me when had sought
ms ald. ~
Most juniors seeking their promotion to
the office of Queens counsel write to the
LORD Chancellor of the day expressing
Il lhelr wish TO acquire the position, and so
optS4piuule JElgAts to- wear a silk gown
ana Ihe preandience in court wrieh fol-
lows. IN Ben1amins case it was other
wise While still junior he held many
Drlefs IN the House of Lords, and when
EARNS was LORD, Chancellor he was SO
struck with benJamins arguments in a
case before nam that he wrote him note
J proposing. II Benjamin was willing, to
appoint MIN one Of, Her Majesty's counsel.
Ihls was accepted, and from that time
behJaihh's practice increased, and he
soon held high position, and made as
large an income as any barrister within
the par. nsqsd
haNlhg thoroughly established himself
IN the hrst rank of the London bar, he
went circuit choosing that which is pre-
eminent hl commercial ana maritime law,
the aNorlhefh' ana soon acquired consid-
erdole practl0e, allhough he had as COM
peutors sucn men as Holker, Pope. Rus
self i1erscheH, ana others, who had for
years peeh WORKING up to the position
.hsy heiu.
'At LiVerpool his knowledge of the trade
between that port and New York was OF
great sefVlce 10 him. The jaries thorough
~ appreciated ms PRACTICAL mode of deal
ing vain the circumstances of a case, end
more imam once when counsel for a ne
lehuaht ne lell toui OF his adversary Ivy
: suggesting as probable, and therefore 10
De accepted as proved facts, that which
ne dlh not cali witnesses to support and
SO taxing from the counsel for the plain
TN the penent OF q, reply When challeng-
ca as TO TINS he would say: My learned
TREND sayssl nave not proved this. Why
should L. when all OF you gentlemen OF