The news-democrat. (Providence, R.I.) 1906-1909, 1907-08-28
AMBASSADOR BRYCE TALKS
TO THE AMERICAN BAR
CONTINUED from Page one).

Mr.. Bryce said In part: mot long ago
had occasion to read an opinion rem
dered on point of law by an eminent
legal practitioner in a Spanish ANN
can country. The point itself was one
which might have arisen equally well In
the United States or in England. But
the way OF approaching II and dealing
with II, the form of thought and the
forms OF expression, were curiously un-
like those which one would have found
in any one trained in the common law
whether In the United States or In Eng
land
What would the skilled observer Sc
lect as the distinguishing qualities. the
peculiar and characteristic notes OF the
common law? First, its first grasp of the
rights of the individual citizen.
Secondly. It's recognition OF state and
the executive as clothed with authority
OF the whole community, as being an
effective power. entitled TO require and
compel the obedience of the individual
wherever and whenever IL does not tres
pass on the rights which are legally Sc
cured to him.
ITO secure the due and equal recogni-
tion of these two principles there must
be present a third characteristic. The
law must be precise. NJ precision. def
initeness, exactitude, are conspicuous fea-
lures of the common law.
"Fourthly. the spirit OF the common
stands upon what exists. dlstrusting
change until change has become neces-
sary.
"F'ifthly. the respect for what has been
settled imports a Difference to precedent.
No legal system has gone so far as the
common law In basing itself on judicial
decisions.
"Sixthly. as judicial decisions are given
as events bring them, there Is in them
an unavoidable want OF symmetry.
"Seventhly. nothing was more charac-
teristic Of the common law than its re-
spect for the forms of legal proceedings
and the precise wording of Its rules.
ITO what are we TO ascribe these quail
ties distinctive of the common law? The
indwelling qualities of the race OF men
who built II up must have been a prin-
cipal and indeed the primary cause
JURY TRIALS
ION no feature OF the common law did
your ancestors lay more stress than On
the Jury, and the right of every citizen to
be tried by his peers. This right has been
a bulwark of English freedom, and was
deemed in the eighteenth century to be
essential thereto.
1--WE I'm England have no longer that
confidence In the wisdom OF jury In GER
tain classes of civil actions which we
once had, and the tendency Of recent
years has been to narrow the sphere OF
its employment Bat the institution OF
the jury has had some notably beneGcent
results. 1t has helped. along with the tech
nical rules OF pleading To form In us a
keener sense OF the need for separating
issues OF law from issues o: fact than Cx-
lists anywhere outside England and Amer
lean. and has trained us how to make this
distinction in every case we have TO adj
wise on or to argue. IL has tended to
keep judicial deliverances OF the law
within due limits of brevty 1t has
formed the practice of using almost ex-
clusively, oral evidence, ut a trial. IL con-
firmed the ancient Usage of making judi
cial proceedings public and thus subject
to the watchful eve of popular opinion.
And II mitigated the harshness OF the
penal law which belongs to all compara-
lively rule societies and was not removed
from the English statute book TIL within
the memory of persons stin living. Then
men were liable to be hanged for small
thefts, English juries refused TO convict
for such offences and their refusal has
tened the march OF legislative reforms.
THE common law, which had the great
merit OF forbidding the use OF torture.
abomlnably frequent In continental Eu-
rope even in the eighteenth century. has
also the merit OF forming in the legal pro-
fession the feeling that an accused per-
son ought to have fair run for. life or
freedom.
"one hundred and thirty-one years have
now passed since the majestic current os
streams which have ever since flowed I'm
distinct channels. Many statutes have
been enacted In England since 1776 and
many more enacted here, but the charac-
ter OF the common law remains essentially
the Same, and Il forms the mental habits
In those who study and practice II.
Where n system OF law has been made
by the people and for the people, where
II conforms 10 their sentiments and
hro ttft
ceives the confidence OF the people. So
may IL ever he both in America and In
England"
At the conclusion OF Amba ssador
Bryce's address, n short recess was de-
clared. Business then was taken up Sec
, retary Hinkley announced that no reports
were made by the special committee on
classification OF the law. Indian legisla-
tion penal laws and prison discipline, and
federal courts Chairman Niles OF the
COMMITTEES on tftie 10 reai ee.ate reported
progress
Arthur Stewart ot Baltimore presented
the report OF the committee on proposed