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BY THE SEA.
That is the lighthouse, looking o'er the bay,-
A lovely sight I saw
Last night with glimmer and dip
But tell me how will it be
But see the hour grows late, and we
What bird near by
C. D. W.
THE KINSHIP OF THE ENGLISH AND AMERICAN BARS.
On the Friday evening of last week of the Supreme Court of Errors, Cona banquet was given in the Middle necticut, in responding to the principal Temple Hall by members of the Bench toast with the eloquence we have and Bar of England to the representa- learned to expect from the great Ameritives of the Bench and Bar of the can lawyer, spoke some words which United States of America. The Judge we hope will be always remembered
by the profession. “What binds to in the eyes of a Continental jurist for gether the lawyers and Judges of the making English and American law an two countries,” said Judge Baldwin, "is unfeatured wilderness. For a time, it the common law. England has always is true, the American method tended to been the Mecca for American lawyers. approach the Continental, and some ... The legal ancestry of the repre- lawyers began to treat the common law sentatives of both countries is the same. as an “ideal system," to quote Sir ... Wherever the English tongue Frederick Pollock again, “to be worked has gone the English law has gone, and out with speculative freedom and little in loving devotion to all that makes the regard for positive authority.” But of English law really what it is Americans late years the current seems to have and Englishmen are one, standing, as turned, and we have the testimony of it were, under the same flag, not the a distinguished American lawyer, Proflag of a country, but of a law." The fessor Dillon, that the danger has history of the friendship between the
passed. The great works of Kent and two Bars is a very old one, for on no Story and Marshall are to be found in side is the English tradition and the every good English legal library, and a sense of a common inheritance so much great lawyer in England or the Colappreciated in the States as on the legal. onies or the United States writes not The basis of law is the same in both only for the use of his own Bar, but countries, and the English common law for the benefit of all English-speaking is a joint possession. And, apart from people. The English law reports are the practical aspect, there has been a bought by American lawyers, though it feeling of kindliness, even for trivial is a common complaint that they have legal forms, which has made the Amer become less useful since the number of ican Courts preserve certain quaint decisions upon the construction of English archaisms. Sir Frederick Pol statutes has so greatly increased. As lock in the dedication of his "Law of Professor Dillon, speaking from the Torts" to Mr. Oliver Wendell Holmes American point of view has said:-"In tells of the experiences of an English our law libraries we find the learning lawyer, travelling overland from Mon- and labors of Judges administering the treal to Boston. He leaves Quebec, system in law reports from India, where the flag is his own but the law South Africa, Australia, New Zealand, is the Code Napoleon, for a country Canada and the West Indies. We have where he has no longer the rights of the same legal literature in which we a natural-born subject. But “when his behold Hale and Marshall, Hardwicke eye is caught, in the everyday adver and Story, Blackstone and Kent, Ers. tisements of the first Boston newspa kine and Webster." per he takes up, by these words: 'Com The value of this bond of union is monwealth of Massachusetts: Suffolk much increased by the large part to wit,'—no amount of political geogra which the profession of law plays, and phy will convince him that he has gone has always played, in American life. into foreign parts and has not rather As many of Blackstone's Commencome home.” And in addition to this taries were sold on publication in joint possession of the English common America as in England, and Burke law, the two Bars are united by their long ago declared that "in no country, respect for judicial precedents. In no perhaps, in the world, is the law so genother system of jurisprudence in the eral a study.” It has even colored the world is such force given to judicial de popular vocabulary, and throughout cisions, an attitude which is responsible the United States the merest layman
will habitually refer to land as "real We have thought it right to call atestate.” The speech of Mr. Chauncey tention to this sign of friendship, partly M. Depew at the dinner we have spok- because it is in itself so desirable, and en of emphasized this pre-eminence. partly because it illustrates what we The Government of the United States, should be glad to see carried still he said, was a lawyers' Government. further,—the decentralization of EngThere have been twenty-one Presi lish law. The law of England is a civdents, of whom seventeen have been ilizing agent second only to Christianlawyers, and of Cabinet Ministers four ity, and an Imperial bond of union as fifths have been lawyers. The Consti strong as any commercial interests. It tution was made by lawyers, the Gov. has gone forth to the ends of the earth, ernment institutions of every kind were and in spite of its parochial origin, has built up by lawyers and in the forma won conquests as great as any Roman tion of the Government they have system which was born in the purple. created a judicial power, the Supreme What we desire to see is not the lessenCourt, which is superior to the sover ing of the importance of the central eignty of the nation. It is true that Courts, but the fostering of legal this excessive political importance may schools among new conditions and react unfavorably upon the value of stranger peoples. It is a significant the administration of justice, but it at fact that the work on the Government least proves that the profession of the of England by Professor Hearn, of law is at the very centre of national ac Melbourne, is authoritative on the subtivity. The American Bar, to be sure, ject,-a book written by a Professor in has a few superficial differences from a Colonial University far from the traour own. The professions of solicitor ditions of law and government which and counsel, for example, are not sepa dwell in Westminster. We should be rated, but the same is true of most of glad to see the freest and friendliest reour Colonies, and any serious effects of lations of mutual respect between all the division are nullified by the habit the Bars of all the English-speaking of forming legal partnerships. If, then, people, and in particular we should be we have in the United States a Bar es glad to see American common-law sentially like our own, professing a judgments referred to in English argulaw the same in origin as ours and ments as English cases are cited in closely related in substance, and at the New York and Washington. For resame time exerting a great influence cent experience has shown that Eng. upon every domain of politics, we have lish law is no delicate plant which a common interest more strong than flourishes best among the surroundings any sudden gust of racial sentiment or which gave it birth. half-hearted diplomatic alliance. The Spectator.
ALL ABOUT A HAT.*
I sincerely hope they will let the man go! Nay, I do not think it would be altogether amiss for the nation to give him some small testimonial. Nothing
• Translated for The Living Age.
splendid of course, but a modest and appropriate gift. Let me tell you he has deserved it.
The affair was a trifling one, and may well have escaped your notice, oc
cupied as you have been with the roll- ried away by the enthusiasm of an er-pavement and other marvels of our overmastering desire. The act of divine Exposition. Here, however, is Prometheus when he reft fire from the man's story-very simple, but heaven, has been excused by his exrather touching.
altation of mind; and our young pickHe was a timid young pickpocket, pocket was in a very similar case. He just setting out in life, and his first at- stole sublimely, and by the light of tempt was both humble and marked by glory. a certain originality. He stole from a They tried reasoning with him. His friend, with whom he was lodging, a injured friend explained, with a broad small three-cornered black felt hat, grin upon his countenance, that the and made off with his prize pressed head-gear in question was just a little exultantly against his breast. No thief hat which he himself had worn at a upon a splendid scale, no high-and- kind of travesty of a masked ball-but migbty filibustiero, no pirate, no cor- all to no purpose. The young thief had sair was ever prouder of his capture, his conviction and he clung to it. A or more enamored of his prize. Neither flame of pure patriotism burned withthe eagle who bore off Ganymede, in, even if it did not illuminate his nor the crow who sped that eagle, ever mind. He crowned himself with that regarded more rapturously or embraced ideal chapeau, and would not be diswith greater fervor the object of his abused of his fond error. long desire.
Condemn a man for such an illusion! This was probably the very circum- Never! There is nothing so fine as unstance which attracted the attention of affected enthusiasm. those keen-eyed men whose business it Nevertheless we have here a striking is to mar the comfort of malefactors Illustration of the havoc wrought in in their unlawful possessions. You simple souls by the substance known cannot carry off a prize under your as Napoleonite. It may be taken for left arm, occasionally caressing it with granted that our young zealot had the right hand as well, without attract- never seen L'Aiglon and that he was ing some attention. In this case the unacquainted with the researches of M. man was stopped, violent hands were Masson into the history of the imlaid upon the object of his devotion, he perial family. I would take my oath was examined and requested categori- on it in fact, and so would you. All cally to state why he had appropriated the same we may observe in him the that small, three-cornered hat.
effects of Napoleonite. They furnish He wept, he shivered, he equivocated, us with a study in popular psychology, he lapsed into a sullen silence. There and illustrate the contagious character is ever a shrinking reserve about your of fetishism. We get a sort of epireally great passions. But the inevit. demic of impassioned admiration by able reaction succeeded, and he con- which all minds are more or less fessed. That little three-cornered hat affected, though not all, I observe, in had belonged to Napoleon I! His exactly the same way. friend had told him so for a positive Our young man appears to have been fact. Had belonged, do I say? Nay, in some sort hypnotized by the contemmore. It was not merely one of the plation of that mystic triangle. He great emperor's hats. It was the hat had been told that it was authentic. of the emperor; his own special and The same assertion is made about peculiar little tricorne.
every work of art, and ordinarily no The young thief had simply been car- harm is done. Yet it is a rash thing