Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-29

English people had the chance of max
ing new start and of creating a system
of law for themselves instead of merely
adopting or adapting the Roman )urispru-
dencc, as did at various times and in d-
verse ways the French, the Spaniards,
the Germans and ultimately and indi-
rcctly) nearly all modern people except
those of English stock. Broadly speaking
the law of England was a new creation.
not an adoption of the law of the Empire
1t has Il character and n quality which
are all it's own. and its free spirit ami
tendencies have always stood out in
marked contrast to despotic spirit and
tendencies which France. Spain and Ger
many inherited from the imperial juris-
prudence.
Il have so far been speaking of the
comomn law as a product of the Eng
lish intellect under certain peculiar his
torical conditions. But if it was a result
1t was also cause. 1t reacted powerful
ly upon the people that made it. Just as
the habit of physical or mental exercise
strengthens the body or the mind where
native energy had made exercise enjoy
able. so the common law, once created
definite forms to those very qualities of
the nation WEereto its own features We're
due. Under its influence the national
mind became more and more permeated
by the spirit of legality. 1t grew accus-
toned to resist arbitrary power; but as It
did this in Difference of proscriptive right,
1t did not lapse into revolutionary WAYS.
Thus there was formed the idea of Il gov
eminent of limited powers, and the habit,
when anyone claimed obedience of requir-
ing him to show his title to demand it.
If it be asked why should not such q con-
ception of the legal character of all au-
thority belong to and arise in. every duly
matured system of law, the answer is
that the case of England stood alone in
this that the law came to be recognized
as being something more than solely the
will of the sovereign. In England, more
over. the men who knew and practiced
the law We're persons 81 some Independent
social standing. They were a link be
tween the mobiles and the middle classes.
Unlike the lawyers of France, those of
England did not generally depend on the
Crown and they We're ready on occas sion
to oppose it. Thus, although the people
ut large knew little of the details of tn.
law. the spirit Of legality was diffuseG
through the nation.
How great Il part of the conception
of the legal rights of the subject or citizen
against the Crown OF the state power
played in English and American history
is known to YOU all Still less need T
dwell on the capital Importance for the
whole 1olitiral .f+ I,o
ors which has been so admirably worked
out in your constitution, nor of that re-
spect for 4 defined legal right which sup
ports their provisions. The life of every
nation rests mainly on what may he call
ed its fixed ideas. those ideas which have
become aXioms in the mind Of every citi-
zen. Now it was mainly by the common
low that those fixed ana fundamental
IDEAS We're moulded whcrcon the constitu-
tional freedom of America, as of Eng
land. rests.
"Onc hundred and thirty-nne years have
now passed since the ma iestic current of
the common people became divided into
two streams which have ever since flowed
in distinct channels. Many statutes have
been enacted in England since 1116 and
many more enacted here. but the char
act"r of the common law remains essen
italy the same, and it forms the mental
habits in those who study and practice If
In nothing, perhaps, does the substantial
identity of the two branches of the OLD
STOCK appear so much as in the doctrine
ana practice of the law. it is bond of
union and of sympathy whose value can
hardly be ovcrrated. 1t is a bond of svn-
nat nv
common pride. The law of a nation is nor
only an expression Of its character but a
nam factor of its greatness. What the
h"ny skeleton is to the body. what her
steel ribs are to a ship, that to a state is
its law. holding all the parts fitly Joined
together so that each may retain its
proper place and discharge its proper
functions. Tie common law has done this
Tor You and for us in such wise as In
nave helped form the mind and habits OF
the individual citizens rs well as Of the
whole nation. 1t is all their own. They
can remould it if they will. Where a svs-
tenn of law has been made by the poonIo
ana for the people, where it conforms ia
their sentiments and breathcs their shirt
II deserves ana receives the confidence
- 80 iNoi''' % HI'tN IL ever be both in
America and in England"
At the conclusion Of Ambassa dor
l'ryce's address n short recess was de-
c!ared and a majority of the audience
Withdrew. business was then taken IN
Secretary Hinklcy announced that no
reports were made by the special COM
mlttecS on classification of the law
Indian legislation, penal laws and pr;s-
on discipline and federal courts Chair
man Niles Of the committee on titles ia
real estate reported progress, Arthur
Steuart Of Baltimore presented the re-
port of the committee on pronosnd
copyright bill. The report saws: The re-
port on tn" proposed copyright bill was
accepted. Protests from all sections of
the hall were heard when George
WhiteloCk of Baltimore introduced n
resolution criticising the President of
the United States for commenting On
the beef trust trial ut Chicago and
crtciZing the presiding Justice and his
rulings. in two special messages to
Congress. The resolution was as fol-
lows:
Resolved. That The American Bar As
ISOLATION deprecatcs that part of the
special message of the President of the