New-York tribune., 1907-08-29
BRYCE on COMMON LAW.
-fEERTC4N BAR MEETING.
Resolution Crifictsing President LAID
on the Table.

OH INC aux
Portland NJ Aug 2s-A resolution criticisinG
President Roosevelt for commenting on the trial
n. the Beef Trust case in the Northern District Of
rl;noi. a year ago and adversely criticising the
-,r.si0irr- Judge and his rulings introduced at
The final session to-day OF the American Bar As
sociatior by George Whitelock. of Baltimore Al
created instant disapproval from all parts OF the
hal and President Parker repeatedly asked MI
V-bireloclz 10 withdraw The requests were not
complied with Mr. Whitelock insisting that it be
acted A motion to lay it on the tame was
carried During the attempts 10 dispose of it, fol
lowing an argument by Mr.. Whtelock. Joseph b.
Davie. Of Chicago. who failed 10 secure recogfh-
zion. shouted:
Some one has said the American Bar Associa-
zion has no right TO critcise the President of the
United States. l hold that when the Presloehl OIL
She Tinted States violates his ii is the duty
of the American Bar Association TO criticise him
The principal feature of the convention was the
address Of James Bryce. the British Ambassador.
On The Influence Of National Character and his
,orical Environment on the Development OF the
Common Law Ambassador Bryce and party were
enthusiastically received when they took seats On
the platform. President Parker in a few words
COMPLIMENTARY to the ability of the speaker intro
duced the ambassador He received with
cheers the audience of two thousand people stahG-
ing fer fully minute while cheering ana appiauu-
ing
AMBASSADOR BRYCE's ADDRESS
Ambassador Bryce said in part:
Not long ago 1 had occasion to read an opinion mon
practitioner IN a Spansh-Amerfcan country @ Inc
se9na!ly Wei in the tinted States in ENGLAND
But the way Of approacnl1g II an1 nTos Of exnres
eor were Curiouslv unlike those which one would
sfber R5Se r9na 6 n the any Tned @ states or in England
The causes Of this difference lie rar nack @ nglanJ IN
faa already acquired distinctive quality and that
STa End in old England although the substantive
provisions Of the law nave been changeq IN @ IIaI1s
% gesReetS M py o @ hranches Of the race and
a tbe ,5ez. Condifions under which those branches
py 'h w eT NAV sin with truth speak Of the com
mon Law as being the common possession OF ttie
United States and of England because Lat & Spit he
lorlged 10 the English stock when still unolVioed
What Would the skilled observer select as the
ecferistir notes Of the common Law?
Frs firm grasp cafve5 Of [af T5sRs Of f Re is dealt
with as centre Of force, an active atom - q P5 Pen5
s1i,e son IA rbtcb Se is entitled TO assert and make
effective only against otheT CIlZe4F +ba- is
as against the state itself and its organ, the eN
second@fts recognition of state and the execu-
tive as clothed with authority of the whole com
mum ny ana as conpe the Obedience Of individual
wherever and whenever II does p9[ ~ iT1 0 ''i
To secure the due and equal recognition OF ne me-
acteristic The law must be precise SoX pT
cision. defnteness and exacttu"e are
Fonrfh2The . spirit Of the common law is con,
spirit. which StanoS upon via
tlistrusting change until change has become heoeS
sarv. 10, -e.- ee+-red i'm
s-1. dafere7re 10 precedent No legal system
has gone 50 far as the common la" In OdSiis -
sixthgAs judicial decisions given as events vents
Of symmetry The common law has this detect
II is not confused. hut those genera prlClIS
run through it are often marc 10 l0iio"' 81
Seventh-Nothng was more characteristic OF the me
common law than its respect for a tt ~ ;Ts
legal proceedings and the precise from
England and from some of your states, put am
told that in others il still holds ITS ground
ORIGIN AND GROWTH OF COMMON LAW.
Mr. Bryce after reviewing at length the origin
and growth Of the common law continued;
On no feature IF the common law did your an
fgbf Of eyery citizen to be tred 6y his ,.es peers
This right has been bulwark Of English freedoIn m
and deemed ia the eighteenth century 10 De
we in England have no longer that confidence
action which once had, and me tendency %, ol
recent years has been 10 narrow the Sphere OF lts
employment But the institution Of the jury has has
along with the technical rules OF pleading 10 FORM @
in keener sense Of the need for separatns
where outside England and America and mas mas
trained as how to make his d1sInct4n 10 IN IN terS
TO keep judicial delverances of the law wiihin
az 4ee sng Amos exciSsivey oral evidence at trial
and thus incidentally it prevented both those secret
examinations Of the accused person and that re-
course torture which were common in Cont
mental Europe. IT confirmed the ancient usage OF
making judicial proceedings public and thus SUB
ject 70 the Natchful eye Of popular opinion AND
il nitigated the harshness Of the penal law which
belongs 10 all comparatively rude societies. and
was not removed from the English statute book
till within the memory of persons still living
When men Were liable be hanged for small
rhefts English juries refused to convict for such
offences and their refusal fastened the march or
legislative reforms
/ have kept TO the last the most striking of all
the historical conditions which determined the
character of Anglo-American law. England
an island. The English people had the chance OF
making a start and Of creating a system OF
themselves instead of merely adopting
adapting the Roman Jurisprudence, did
rious times and in divers the French. the
Spaniards. the Germans and ultimately and indi-
rectly) nearly all modern peoples except those Of
English stock. Broadly speaking, the law Of Eng
land a creation not adaptation, of
the law of the empire 1t has a character and "A
and tendencies have always stood in marked
the despOtic spirit and tendencies which
France, Spain and Germany inherited from the i'm
periai Jurisprudence
I have so far been speaking OF the common law
BIS a product Of the English intellect under Ger
tain peculiar historical conditions But IL il
result il was also cause 1t reacted powerfully
physical mental exercise strengthens the body
the mind where native energy had made exer-
else enjoy able. the common law, created
began 10 develop further and give definite
form 10 those qualities OF the nation where
o features due Under influence
the national mind became and
meated by the spirit Of legality II grew accus-