New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-05-30

organization for any public purpose. Even there
he finds that the institutions Of property, OF
marriage. of slavery. etc. rest upon custom
alone; that there is no ethical conception OF
right" except vague belief that some
unseen power wifi punish who violates Gus
TOM When in place Of the tribal organization
a territorial one was ests blshed as In England
embracing kingdom. the power OF the king
did not extend to the making OF laws Inc re-
sponsibilities of society devolved upon the
land owning class; and to them was que inc
creation Of courts What, Mr.. Carter ssks'
was the law administered in these early trlou-
nails and where was 1t to be found? The an
swer, ne says. Is very plain 1t was custom.
He continues:
All complaints by one man against tan sno frop
the fact that something had been done contrsry 10
been ione; and as every man expects that others
will according to custom the complaint ~ou 10
custom had been committed to the injury OF o the
Ms. made ssnea the he
sarily asserted that what he did was in compnariS
turin Is na act the
the question what he Vas and most ne
gent were well adapted to determned a ,nas
smpT with their sense Of What right which
necessarily determined by what tnes 'ii'"e"
to be customary.
The advance of society constantly developed
lions of right and this created demand Ior
new action by the courts in the way or relief
In this manner the rude tribunals of early times
and the system of procedure in them were I'M
proved until they reached the condition In WHICH
they were to be found in England and America
rhrea centuries ago And through all the time
of that development, the law that these TRIBUNALS
recognized and enforced was custom. ana Gus
tom alone A precedent was but authenticated
he ,hcon III
during which higher judicial tribunals and leg
islatures have been established and perfected,
custom has continued to furnish the rules that
govern human conduct, To the absolute gen.
erality of this conclusion Mr.. Carter allows only
an exception to be made for the influence Oh reg
islation: but he insists that the extent OF this
exception diminishes to point where 1t may,
for all large and general purposes. be dismissed
from attention when it is considered that It's
principal function is to supplement and aid the
operation Of custom. that 1t never can supplant
it. and that its own efficiency is dependent upon
its conformity to habit and custom.
To summarize the author finds that Law,
Custom. Conduct. Life-different names for al
most the same thing-true names for different
aspects of the same thng-are so inseparaoiy
blended together that one cannot even De
thought of without the other
Ethical writer's" wrote Mr.. Carter In his Ia st
lecture, conceive the main question IN morals
to be, What is right, or What is right conduct!
/ do not mean to dsparage the Importance OF
this inquiry, but would suggest that the prog
ress 1 have indicated has begun and been car
red forward to high point without an answer
to this uuestion-indeed, without asking 1t. The
simple process has been to observe the conse-
auences of conduct and to adopt such action as
has seemed to be productive Of happiness; and
we may rest in confidence that those lines OF
conduct which conduce to what men in general
feel to be happiness cannot be otherwise than In
accordance with the profoundest conclusion con-
corning the ultimate highest good. The light
that has steadily guided over the long path
way from primeval savagery into civilized So
ciety may be safely trusted during the continu-
ance of our Journey"