The free lance. (Fredericksburg, Va.) 1885-1926, 1899-08-03


law as experience shall demonstrate 10
be necessary in order TO attain higher
degree Of perfection. II is the part nj
wisdom u exercise caution and cir
cumspectiOn Lord Bacon uttered words
OF truth aud " s1heruess when hc sail
1t were good therefore that men IN
their innovations would follow the
example of time itself which innovateth
greatly but quietly and by degrees
scarce to be perceived In my ludg-
ment all novelty IL not improvement
and all change is not reform suppose &,
flr example. we should adup. the rec
ommendation Of certain modern reform
ers and abolish altogether the system of
trial by iury-wouid such an innova-
tiOn be wise and salutary reform
Perhaps the most sacred aud lncstima-
BILE of all the rights secured ID the
citizen under our benehccHt system ~
government is the right % be tred by
an impartial jury Of his c'uutrymen
For ages this right has been the IN
heritance Of our race oar torelathers
with arms in their hands wrung ~
from their reluctant rulers IN the Ola
world. and their descendants here n ave
zealously guarded and maintained II as
the most precious bulwark of life and
liberty l. is true that under the sys-
tenn Of trial by jury there Is sometimes
a miscarriage Of pIbli' Justice on ac-
count OF the ignorance or corruption or
intimidation Of the jurors II is true
tnat under such eXisperAtlng c)ndl-
tiOns the whole system IL sometimes
denounced by good men a. "A complete
failure. But what other system can be
safely substituted for II. II jurors are
sometimes fallible or corrupt OF coward
lv. to what other tribunal shall We ap-
peal. Shall We unite the offices of
iudge and jury so wisely separated by
our system: The judges are usually
able. learned aud honest men. but they
are men and are not infallihle They
may exp0und the law as clearly as IA
problem is demonstrated In El'lld, Dat
something more is required - secure
the ends of complete justice. The law
in its beneficence does not permit any
citizen 10 be molested in the enjoyment
Of life or liberty until the popnl n
sanction has been given 10 his sentence
and his cause has been passed upon bv
a Jury Of his peers Let Us not n a
moment Of discomfort seek O. abolish "a
system so highly cherished by all E1g-
lish speaking people, and 50 generally
approved by the wisdom Of ages.
Another object Of our association As
declared in its constitution Is to
facilitate the administration Of justice
in this State. " The State has a claim
upon all her citizens. hut spenally
upon those who have adopted the
law as their profession and have
made knowledge Of the law
the study ~ their lives To what
other class ot citizens can the state
look 90 confidently for support IN the
administration Of justice, The Law
yers are ministers Of justice and have
been especie'ly set apart 70 oilici"te as
Priests at her s'tars II Is their sworn
duty TO assist the court conscientiou 'ly
in the delicate and difficult task of adj.
ministerng Justice, and especially
to do nothing and to say nothing
against truth.
While 1t is their duty 70 d all
for client that he could Justly
iustly and honestly do for himself they
nave no right 30 gain the victory for
him by knowingly perverting the law
or wilfully misrepresenting the te'ti-
mOny. Il addressing the court they nave
no right 10 maintain any proposition
of law that they do not believe 10 be
correct and in addressing the jury they
have no right 10 misstlte the testimony.
The honest conscientious lawyer Will
not only be moved by an honorable in
stinct 70 speak the truth as he under
stands it, but he will learn from ex'
perience that in no other way can he
acquire the respect and confidence OF
court and Jury, and thereby achieve
permanent success in his profession.
Chief Justice Marshall said on a
memorable occasion that ours is en-
phatically government of law, and
Mr. Justice Miller in the celebrated
case of the United States vs.. Lee, COM
monty known as the Arlington case, ut
tered words which deserve to live for
ever when he said "NO man in this
country is 80 high that he is above the
law. No officer Of the law may set
that law at defiance with impunity.
All the officers of the government
from the highest to the lowest are
but creatures OF the Law and are bound
to obey it. 1t is the only supreme power
in our system Of government As
such supreme power 1t is entitled 10
the highest energies OF our natures aud
the best affections Of our hearts IL
therefore the time shall ever come when
il is threatened with overthrow, when
the spirit of lawlessness shall stalk
abroad in the land, when the rosf OF
the multitude shall be heard above the
voice of reason and when a passionate
and unbridled majority shall undertake
TO break down the safeguards OF society
and the bulwarks of liberty, 1t will be
our imperative duty to step forth as
the champions Of the right, to defend
the cause Of the weak against the
strong, to uphold the majesty Of the
law and TO protect it as resolutely as
the storm vexed mariner would protect
the compass by which he hopes to steer
to haven Of security-the public safe
ty consists in holding the Ship OF State
fast to the anchorage Of the law-wheD
the law ends, not only tyranny but
chaos and anarchy begin. There is no
safety for life, liberty or property Wneh
the scales of justice are held by an in.
furiated and irresponsible mob. There
is no room for mobocrscy in this land
of berty regulated by law. The courts
are open for the enforcement Of every
right and the redress Of every wrong. If
there be any exception itmust be found
ed upon human impulses which gov
ernment is incompetent to control.
Twice did Roman liberty rise upon
the ruins of tyranny trampled in the
dust by reason Of outrGges against
womanhood. And the eloquent and
indignant burst of Icilius has never
been measured in the cold scale Of legal
formula
Saevite in tergum ct in cervices nostras
Pudicitia, saltem, in tuto sit.
We all agree that the fend in human
shane who makes brutal assault upon
a helpless female should be summarlly
pat to death, but fortunately In VIZ
ginia there is now apparently no
necessity to invoke the application
Of lynch law. Section 4Ol6 Of
the code az amended by the act OF the
Gonaral Assembly approved February