The times., 1901-05-26

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to me; the one that is. in its perfec-
tion, have often thought, the Iery
rarest intellectual quality that a mani is
capable Of; the one tC be most assidu-
ously cultivated, and, perhaps, the ore
that best repayS culture is what, for
want Of a better term. / may call intel
lecJual honesty. Ii is mental and not
a moral quality. OF course. it is one
which involves high moral integrity,
and can only exist with high moral in
tegrity. But those who are honest in
intentions and purposes, merely, may
fall far short of it By intellectuaF
honesty ! mean the faculty of seeing
things Just as they are-unmoved by
prejudice, or passion, or excitement, or
ClamOr-Sceing them, and reaching con-
clusions in regard to them in a
straightforward and direct, instead of
circuttous way. That is the leading
characteristic of every great lawyer or
great judge that has ever lived and
the want Of it is the reason why the
world has seen so many good law
yers and good judges, and so few
great ones. 1t is the rarest of qualities
in its perfection, and the first to be
recognized by mankind when it exists
Men viii quarrel over the merits of
poets and statesmen and inventors but
When that magistrate presents himself
IN the administration OF justice who
mas IN high degree this quality of
y y
oSnlzes and appreciates it. Perhaps the
most iilustrious example there has ever
been among many illustrious examples
OF that quality. was Chief Justice Mar
shali-that magistrate of all magis-
trates-whose splendid judgments have
entered, not only into the iurispru-
dence, but into the history and litera-
ture of our country. They need no
longer be consulted to ascertain what
the law is, because the conclusions at
winch they arrive have long ago been
iald up among the settled principles Of
Jurisprudence; but as models of honest,
straightforward, lucid reasoning, and
OF the highest judicial style they de-
serve to be read, and will be read, in
all time
Particularly interesting from the law
yer point of view must be the address
delivered before the South Carolina Bar
association in which the speaker traces
the differences between the English and
the ancient Roman law, and shows how
modern English and American law is
based on the English law of the land"
The law of the land is again taken IN
in the address bearing that title. An
other essay of especial significance is that
on international relations. delivered in
1889 In it occur these paragraphs:
1T is worthy of remark, in passing.
that only a few months ago the Earl
OF Lytton. a gentleman of much lit
erary as well as inherited distinction,
and now Ambassador from Great Brit
ain TO France. in an addYess delivered
upon his inauguration as Chancellor
OF the University of Glasgow an
nounced, somewhat think to the sur
prise OF his audience, a very different
theory OF international conduct from
that which | have stated and brought
to its support the subtlety of reason
ing, the grace Of style. and the fer
tllty or Illustration SO easily at his
command. The proposition of Lord
Lytton is that the principles of NOR
ality have no control in the intercourse
OF nations; that Governments are
neither capable Of nor amenable to
ethical rules, and are TO be guided
only by considerations of eXpedienCy,
and that obligations based upon the
natural rights of man (Which he seems
TO reject altogether as a foundation of
law) have no place in determining the
rules OF international action. He at
tempts to ind support for this theory
in the conduct Of States, exhibited in
so many instances in history, where
right has been sacrificed to policy; in
the assertions that a Government is
an entity not capable of the practice
OF sentiment of morality; that the
rightfulness of war cannot be contro-
Yerted, and that war is not recon-
cllable with morality; and that law
is the result of positive authority
rather than of absolute right.
These propositions appear to me to
De not only erroneous IN theory, Dut de-
structiVe to the peace Of the world if
they should be generally adopted. They
result in the very state of things ii is
the object Of all law to preventive
supremacy of physical strength and
the doctrine that might makes right,
1t seems impossible that they should
ever be established in the only way in
ternational rules can be-by the gen
eral assent of enlightened nations
Human society began in the right Of
the strongest. All the advancement il
has ever made, all that Christianity or
civilization has done for it; have been
In the opposite direction. The whole
fabric Of International relations has
grown up from that barbarous time
when the foreigner cast upon the shore
became q slave and his property pluu-
der. when prisoners of war were nut to
death or sold into slavery and when
piracy was held-to be meritorious bv
the gradual assertion Of the principles
OF moral justice, not only as the high
est duty. but as the plainest and most
necessary policy of nations. Is II not
TalheF iate IN the history Of the world
70 propose TO return. in the dealings Of |
one country with another, TO the pre-
dominance of the strongest dictated nv
self-interest and exempt from the con-
trol pf national conscience?-
That history disclCses in the Conduct
or nations much disregard Of Justice is |
true enough. but that does not dinin-
lsh Its obligation. As well might n he
argued against the enforcement Of the
44AAl44o4 law lHdL crime mad ALWAYS
Deen common It is not the innocenrs
OF mankind from what that law has
derived its origin, but the wrong If
seeks TO prevent
The last sentence Is rath-r a hard blovv
people who claim for bad actions bad
recedents as an excuse.
In all these essays Mr.. PheIps has
lown the serious side of his nature. but
! the argument on the Vermont Central |
dgation In 1879 he showed what he could
0 In the way of wit and satire. Here
sample Of his quietly humorous way
dealing with his opponents in court:
IF my learned friends were so unfor-
tunate IN their intellectual quallfica-
tions that this was the best they could
do, II would not be kindly or cour-
teous to reDroach them with their in
hrmities But everybody knows that
no two gentlemen anywhere are more
capable OF clear and exact apprecia-
ton OF legal proposition or more ca |
pablo Of stating it. than they are 1t
is because they thought it wiser to
come and empty this vast rag-bag
into court. and then TO say to your
honors, as a crazy man who once an
pealed to my brother Lyman, and
emptied q carDetbag full of miscella-
yer that cannot make a case out of
that must be a fool
other quotations might be
ade from the book, but these are
lough. INew York: Harper & Bros.
5O)
French Literary History.
Masters Of French Literature" by