Mr. Webster and the Charleston Bar. Į

The following is an outline of the remarks made by Mr. Webster at the dinner given to him on the 10th by the Bar of Charleston. They were called forth by the following toast offered by J. L. Pettigru, Esq. :

:

"The accomplished Orator-Who, as well in private causes as in public affairs, has not only set an example to his contemporaries, but earned a name among the illustrious masters of a former

age.

was no cause to which he would more cheerfully life than the adequate support of the learned and and more largely contribute the earnings of his upright judge. But, although such a character and influence for the public good,—an influence, exerts an important agency in the public service ance,-among a people of great activity like like the dews of Heaven, falling without observours, it is not always sure to attract the proper regard or proper reward. Theirs was not a profession that accumulated wealth-their standing pensively, and he might add, their inclinations in society compelled them to live somewhat exto be hospitable; friends come to town and they too. Lawyers always thought themselves bound must be entertained-these positions were not disputable on authority, but were favored by every

Mr. Webster said, in substance, he felt highly honored by this tribute of respect and regard from his professional brethren of the Charleston Bar; and took pleasure in expressing his great and grateful satisfaction in thus meeting them at the friendly and social board. Such were the emo-authority from Lord Coke down. tions of his bosom, thal he could scarcely trust himself with a response, or be expected to make a set speech in reply. He said he loved his and their common profession, and loved all who honing in a government like ours. ored it. He regarded it as the great ornament, and one of the chief defences and securities of our free institutions-it was indispenable to and conservative of public liberty. He honored it from the bottom of his heart. If he was anything, it was the law-that noble profession, that sublime science, which he and they all pursued-that had made him what he was. It was his ambition, coeval with his early manhood, nay, with his youth, to be thought worthy to be ranged under the banner of that profession. The law had been his chief stimulus-his controling and abiding hope-nay, he might say, his presiding genius and guardian angel.

Out of the profession of the law, magistrates were chosen to dispense private and public justice this was a great proof of respectability of standpolitical favor, determined with us who should Merit, and not occupy the seat of justice-he would profane our institutions who would be bold and daring enough to put one on the bench, unqualified, in mind and morals, for the high position.

He said that the administration of justice was the great end of human society-all the complex machinery of government had for its object that a magistrate should sit, in purity and intelligence, to administer justice between individuals and the country. The judiciary, selected from their profession, made every one feel safe in life, liberty and prosperity. Where was there a higher funcHe and his brethren in the law, had met, this pense equity between litigants and to the widow tion or dignity than that of a Chancellor to disevening, he said, under the influence of common and orphan? Learned and virtuous judges were feelings-they were students of the same profes-the great masters, and lawyers the apprentices of sion-followers and disciples of the same great justice. No morality, save that of the Savior of leaders and teachers, whom history had chron-mankind, was more ennobling than a Court of icled for our contemplation and example-such | Equity-as illustrated in the judgments of D'as D'Aguesseau, Domat, Coke, Littleton, Mansfield and Holt, and other great names in Europe and America-great lights and luminaries, in every branch of the legal science, and in the principles of legislation.

Aguesseau, Mansfield, in the writings of Sir Samuel Romilly, and in the decrees of Lord Eldon, and Judges Marshall, Desaussure, Kent and Story-no moral lessons, except those of Holy writ, surpassed those taught by these great He asked, therefore, to be permitted to say lights of the law on the subject of fiduciary relathat he thought it no common good fortune to be- tions and in matters of trust and confidence. An long to a profession so useful, so honorable, and eminent lawyer could not be a dishonest manso distinguished. Although it might not always, tell him a man was dishonest and he would anit did not often in this country lead to wealth, it swer he was no lawyer-he could not be, because enabled us to do what was infinitely more impor- he was careless and reckless of justice-the law tant to do good in our day and generation; it was not in his heart-not the standard and rule was not calculated to yield them the greatest for- of his couduct. A great equity lawyer had truly tones-it seldom, in this respect, met the san- said that ever since the Revolution of 1688, law guine expectations of beginners in the toilsome had been the basis of public liberty. He held it path. After twenty-five years experience, he to be undoubted that the state of society depends could say the condensed history of most, if not more on elementary law and the principles and not all, good lawyers, was that they lived well rules that control the transmission, distribution and died poor. In other countries, and in Eng-aud free alienation of property, than on positive land especially, it was different.-Great fortunes institutions. Written constitutions sanctify and were accumulated in every branch of the legal confirm great principles, but the latter were in profession. Tidd, whose book of practice has existence prior to the former. The Habeas Corbeen thumbed by them all, is said to have died pus Act, the Bill of Rights, Trial by Jury, were worth £300,000. Many noble and wealthy surer bulwarks of right and liberty than written families in England had been built up on the ac- constitutions. quisitions of the law. Such was not the course The establishment of our free institutions was of things with us, nor, with our habits and incli- the gradual work of time and experience, not nations, was it to be expected. The only regret the immediate result of any written instrument. that he felt at the slenderuess of professional em- English and our colonial history were full of those olument, arose out of the difficulty of impressing experiments in representative government, which on the general mind sufficiently strong induce- heralded and led to our more perfect system.ments to make adequate and honorable provision When our revolution made us independent, we for those who were selected from the legal pro- had not to frame a government for ourselves-to fession to go on the Bench. In his opinion, there hew it out of the original block of marble-our was no character on earth, save that of the di-history and experience presented it ready made vine head of our religion, more noble and pure and well proportion, to our hands. Our neighthan that of a learned and upright judge. There | bor, the unfortunate miserably governed Mexico,

when she emerged from her revolution, had, in own vernacular English, and thus might the her history, nothing of representative govern- minds of commonly sensible men be conducted to ment, habeas corpus, or trial by jury, no progres- high results of logic. There could be no better sive experiment tending to a glorious consumma tribunal than the people brought together in the tion-nothing but a government calling itself free jury box, under the solemn sanction of an oath, with the least possible freedom in the world. and acting under the instruction of enlightened She had collected, since her independence, judges. In what a vast majority of cases did 300,000,000 dollars and had unprofitably expend-they decide right. ed it all in putting up one revolution and putting down another, and in maintaining an army of 40,000 men, in time of peace, to keep the

peace.

Liberty and law were in this respect intimately connected that cival liberty consisted in the establishment of great and inherent principles of government and human regulation, which had prevailed from the time of Somers and Holt.He prayed God that we might never relinquish the independence of the judiciary-a time-serving judge was a spectacle full of abhorrence-the independent judge draws around him the respect and confidence of society. Law, equity, and justice require that this should be done and that should not be done-and judicial decisions should command entire acquisescence from full confidence in the purity, integrity, and learning of the judg, The profession of the law was the support of public liberty.

True there were once an Empson and a Dudley -blots and stains on the profession-there was once a Jeffries, but never twice-such a monster of judicial savageness and ferocity had never again appeared on the face of the earth. In England ever since her revolution, eminent members of the bar had been eminent lovers and eminent supporters of public liberty. Somers, Holt, and Dunning, and numerous others, were bright names on the honored roll. Liberty was the creature of law-essentially different from that authorised licentiousness that trespasses on right It is a legal and refined idea-the offspring of high civilization-which the savage never understood and never could understand. Libetyr existed in proportion to wholesome restraint-the more restraint on others to keep off from us, the more lib

erty we had.

He was attached to this mode of trial, and would never give it up. Ad questionem facti respondent juratores. In cases of doubt, the special verdict, or case stated, was an admirable expedient. The jndge's mind clearly made up on a case clearly stated, became authority for all other like cases. There was no system of jurisprudence but the common law that enjoyed this advantage. learned Court of Sessions in Scotland adjudged disputed questions of law and fact-it was composed of 16 Judges, and they often differed on both law and fact-and Sir Walter Scott, the clerk of the Court, had finally to put the question

The

"are you on the whole in favor of the pursuer or defender." The same objection applied to the Roman or civil law, and that system of law in every branch of which one of their distinguished citizens, (the lamented Hugh S. Legare,) whose premature demise he most deeply and sincerely mourned, had been so eminent. It was only a great fountain of excellent general principles.There the case was not to be found. General rules did not afford the case in point-the precise analogy.

"Brethren," said he, "we are apprentices of the law-the honorable profession of the law-let us make our master a grateful return. For my own part, although largely connected with other pursuits, yet will I not forget the debt I owe the profession of the law. It found me a youth aland, fit for nothing but to try my fortune on any mong the granite hills of my native New Eng

cast."

He

It was his good fortune to be pointed to the law-and the result was he had lived comfortably, reared a family, and wouid, at least, leave his children the possession of a good educa tion, and the inheritance of a good name. It was error to suppose that liberty consisted in then concluded his able and eloquent address, so a paucity of laws. If one wanted few laws-the rich in lessons of wisdom, honor, and high moralTurk enjoyed that blessing-let him go to Tur-ity, with the following appropriate sentiment: key. The working of our complex system, full "The Law: It has honored us, may we honor of checks and restraints on legislative, executive it." and judicial power, was favorable to liberty and justice-those checks and restraints were so many safeguards set around individual rights and interests-that man is free who is protected from injury. The law is an instrument and means of instruction to the mass of the people; merchants, planters, farmers, and every other class of the community, acting as litigants, jurors, witnesses, or spectators, find it a useful school. The trial by jury was the popular teacher of our systemthe aegis of protection to individual rights, the shield and defence against the encroachments of power. "Why call a jury said one? Let a judge-a learned, virtuous, impartial judgedecide." No, said he let the judge give the charge to the jury on the law-but let the people in the jury box adjudge the facts of the case.

The people, it is true, as a mass were not capable of understanding recondite subjects and abstruse reasoning. But, before juries, and especially unlearned ones, lawyers should have the good sense not to use terms, which their hearers cannot understand. To be followed in a logical train of argument, they should speak plainly and intelligibly lose a single word, a single link, and you break the connection," was a remark of Bish. Heber. When a jury was impannelled, the case should be plainly stated, without latin,in our

THE ERA OF GOOD FEELING.-Under this head the Rochester Advertiser of this morning relates the following. Why may not a like courteous spirit be evinced by the two parties not only during the brief canvass upon which we have now entered, as the Advertiser asks, but at all times?

each other, evinced by the two antagonistic con"The high and gentlemanly bearing towards ventions at Syracuse on the 19th, is worthy of a passing remark. When the Hon. Millard Fill the head of a committee of Eight to propose on more came into the Democratic Convention, at behalf of the Whigs a union ticket, every Demoaratic delegate, as if moved by a common impulse, rose to receive their guests, and remained standcratic Committee of a like number, led by Hon. ing till they had departed. And when the DemoTheodore Sedgwick as chairman, entered the Whig Convention to deliver the reply of the Democratic Convention, they found that their Whig brethren had reserved for their use the most honbe evinced by the two parties during the brief orary seats. Why may not a like courteous spirit canvass upon which we have now fairly entered?"

annually, in the aggregate, between 80 and 100 instruments-many of which are, in point of tone, ease of touch, and elegance of finish, equal to the best of eastern manufacture. There are besides three establishments which keep a regular supply of eastern inade instruments for sale.

This instrument, so universal as a parlor orna- spect to the best imported, combining, as they do ment, and what is infinitely of more value, so all the important improvements of foreign invenagreeable and important an addition to the social tion, and aided materially by the musical and or public concert, is comparatively of recent date. mechanical genius of our own countrymen.Its invention is generally attributed to a German The number of these beautiful instruments now by the name of Schroeder, who first introduced it annually manufactured in the United States, is in the beginning of the last century, and who like immense-scarcely a town of any note is without many other inventors reaped but little pecuniary its manufactory. In Buffalo we have no less benefit from his invention. It was first introduced than four establishments, capable of turning out into England in 1766, by Zumpe, by whom it was greatly improved. It was not, we believe, until the celebrated manufacturers, Messrs. Broadwood of London, made many other important improve ments, that the instrument came into general use. Previous to this the harpsichord was the favorite instrument for composers, and for the ladies. Many distinguished musicians have devoted them selves to the composition of pieces for this instrument; and several of the most distinguished composers of modern times, among whom we may enthusiastically devoted to the perfection and mention Czerny, Herz, Kallreuner, Moschelles, finish of his instruments, and we take pleasure Thalberg, Liszt, De Meyer, Sivori, etc., have in saying, not without a commensurate share of made the instrument almost their exclusive study. success. His Pianos may be found in the parlors Within the last fifty years many important im- of many of the elite of the city-on board our provements have been added, so much as that an principal steamboats-and his ware-room No. instrument of the best kind manufactured even 164 Main street, generally contains some choice 30 years since, would look and sound insignificant instruments, which it is his pleasure to shew visi compared with those of the present day. The tors, whether curiosity or business prompts the Piano Fortes from Broadwood & Co. London, call.

Mr. B. BURDETT, to whom we are indebted for the use of the beautiful illustration above, has the largest establishment in this city, in which he has been engaged some fifteen years—and is

and Errard Brothers, Paris, still stand pre-eminent In a future number we may allude to the other for beauty and volume of tone-although for parlor instruments it is now universally admitted, the American Piano Fortes, are equal in every re

manufactories of musical instruments, here, of which we are proud to say there are a number, and apparently well patronised.