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calls for twelve judges in the four districts, and forty-five others exercise the functions of the Circuit Courts, or Courts of similar jurisdiction, we may congratulate ourselves that not only the State as a whole, but also every district or part of it, is able to supply fit incumbents for these important positions. Happily, some who were witnesses of the early growth, and almost, also, of the planting of the Commonwealth, remain with us to this day. Their commendation of those who are now trying to follow where they so long led, is highly encouraging
We need not extend our review with any particularity. We know that there has been a constantly increasing development of the State; that its credit has long been untarnished; that some of our professional brethren, known to many of us here, were leaders in the political discussions which became of national importance as leading to the conflict of ballots which was followed by rebellion and civil war, and that our State has ever continued to hold aloft a bright escutcheon, well emblazoned with words signifying adherence to Liberty and Union.
Outgrowing the Constitution of 1848, and wearying a little of the special legislation thereunder, and somewhat, also, of municipal obligations which it permitted to be pledged too freely for the building of railroads and other public improvements, we adopted our present Constitution in 1870, and wisely the General Assembly, at following sessions, took time to adapt the statutes to the changes required by the organic law. And what shall I more say? The heroes who had faith have obtained a good report, but they have left it to us to follow after, commanding us to be of good courage, and to acquit ourselves like men.
Why should we allude to outward signs of prosperity, lifting up the masses in intelligence and in the comforts and refinements of life? Why but to admit that weshould look about us?
The duties of the present hour are not unlike those of the past; but are they not greater?
The importance of the law, and the difficulty of attaining excellence in our profession, stand confessed; and we realize that if we would keep in the van of progress, we must be attentive to what is best and highest.
The lesson to be drawn from a general survey of progress in the State, is not confined to any special profession or calling in life. But does it not come to the members of the bar with peculiar emphasis? Are we not obliged to say, much having been given to us, much will be required of us?
To this generation of students of the law, and to lawyers as well—for they are still but students, only more advanced in years—the need of a preparation which will correspond with the growth of science and general mental culture is plainly apparent. If the farmer cannot dispense with improved machinery, or content himself with the methods in vogue in his business forty years ago; or if the physician or surgeon must not shut his eyes to the light of modern science; or, again, if the minister must be as a man that is a householder which bringeth forth out of his treasure things new and old,” so also must the lawyer keep his lamp trimmed and burning.
The same theory has been maintained unwaveringly these many years, and increases in force and applicability as time unfolds.
Although Dryden wrote of Lord Nottingham, who did excellent work as a chancellor, when the jurisdiction of his court needed to be settled
“Our law, that did a boundless ocean seem,
Was coasted all and fathomed all by him,” this was of a remarkable man, who lived in an age when the practice of the law was relatively the "ars bablativa” of which Serjeant Maynard spoke, more than it can be said to be in this age. The encomium quoted, allowing for poetic coloring, could be applied to but few since the time of Cicero.
The deep well to which Lord Coke alluded, has indeed become a boundless ocean, requiring eminent skill to coast it or to fathom it.
Daguesseau spoke of his own age in France when he said: “What treasures of science, what variety of erudition, what sapacity of discernment, what delicacy of taste, is it not necessary to combine in order to excel at the bar?”
A judicious writer, referring to the same subject, and realizing that it is necessary for the lawyer in this age, as much as or more than in any former age, to be able "to lend a lantern to the feet of the unwary traveler,” has suggested to the English advocates that there is a key by which the storehouse may be unlocked. Encouraging them that the difficulty, though great, may be fairly met, he thought that in order to do so the lawyer conducting trials should have at his command, or be aided by, those who are interested in the result, and who procure for him information from every available source.
The hint is not without value to us. Here, also, the division of labor, which is characteristic of other callings or branches of business, tends, in the progress of time, to leave its mark in
the work of the legal profession. Already it has led to the choice, no doubt wisely, of specialties in practice, and has otherwise influenced the separation of work involving mere forms or routine from that which brings fitness with experience for advocacy.
A distinguished gentleman said, in a recent address before the State legislature of Georgia: “Improvement, cultivation, education, is the secret, the condition, the guarantee, of race supremacy." Counsel to excellence was the watchword, and if needed, as I am persuaded it is not in this presence, like counsel will not fall unheeded by the legal profession of this State.
Taking courage for the future, leaning somewhat upon the past, we may, with Wordsworth, say:
In our halls is hung
COMMERCE: INTRA-STATE AND INTER-STATE: ITS
REGULATION AND TAXATION.
BY ALFRED ENNIS.
READ BEFORE THE ILLINOIS STATE BAR ASSOCIATION, AT ITS TWELFTH ALLUAL
MEETING, HELD AT SPRINGF. ELD, JANUARY 8TH AND 9TH, 1889.
Man's first disobedience resulted in the decree, that “In the sweat of thy face shalt thou eat bread," from which arose the necessity for humam industry.
The different inclinations and genius of the people lead to a multiplicity of pursuits and occupations. Some cultivated the soil; others tended the flocks and herds, while many sought other employments.
The exchange of surplus productions followed. Barter was established.
Diomede, a noted warrior, gave nine oxen for his shield. Glaucus, a Trojan hero, gave one hundred oxen for his armor-a splendid equipment.
For a time oxen were the standard of values. Afterwards, symbols, emblems, pieces of metals, coins and precious stones, representing values, were introduced. The Carthegenians used leather symbols; the Spartans used iron and brass emblems; the Syrians, Arabians and the Egyptians used pieces of metals, copper, silver and gold coins, and precious stones.
For a long period trade was local, being confined exclusively to members of a single tribe, colony or country ; but as time passed it was extended from one tribe, colony or country, to another.
Abraham gave one hundred shekels of silver for the cave or field of Machpelah, in a foreign country. A company of Ishmaelites gave twenty pieces of silver for Joseph, of a foreign country. Jacob gave one hundred kesitas, supposed to have been lambs, for a field in halem, a foreign country. King Solomon purchased horses, linens and wools in Egypt, a foreign country. He also conducted an extensive and profitable trade with Ophir and Tarshish, foreign countries, or regions, and with the Kingdom or maritime City of Tyre, in a foreign country.
The southern Arabs, descendants of Ishmael and Esau, as trading merchants, carried overland, upon their backs and upon the backs of beasts of burden, bags of silver, ivory, oils, honey, spices, balm, etc., to and from distant tribes, colonies and countries, thus being the first to establish foreign trade.
The Phoenicians launched small oared barks, and afterwards large sails, and navigated the Mediterranean, transporting surplus portions of all known productions and commodities to and from one Mediterranean tribe, colony and country, to another, thus becoming the first navigators and maritime carriers between foreign tribes, colonies and countries.
The commerce thus born in the land of the Orient, cradled on the shores of the Mediterranean, and nurtured along down the stream of time through passing generations, was extended to Greece, to the Roman Republic, to the Roman Empire, to Britain, and throughout Asia, Northern Africa, and Continental Europe. A poor, Genoese sea captain, engaged in commerce, conceived the idea that the earth was round. He made haste to demonstrate the truth of his conception. He set sail upon an unknown and apparently boundless sea. As a result, he discovered America.
Commerce, free and unobstructed by tribal, colonial or other governmental burdens, regulations, restrictions or limitations, was extended to America. Its introduction was with the native Indian tribes.
Commerce, in some form, has been extended to every civilized tribe, colony and country on the face of the globe.
Commerce, as originally understood, in its primitive sense, was to divide a proportional part of what one had for a proportional part of what another had; but as understood in its modernized and practiced sense, it is to divide as small a part of what one has for as large a part of what another has, as it may be possible to do. It is the exchanging of one thing for another; the mutual bargaining, bartering, trafficking, trading, selling and purchasing of productions and commodities, and comprehends every character of commercial intercourse, including the transportation of persons and property on land and on water, and communication by telegraph and telephone, and the facilities, appliances, instrumentalities and means, and the intelligence, the care, the labor, the agent and the object, of operations by which and for which the same is conducted
That which is not of itself commerce, may become such when it shall be incident to, and inseparable from, commerce.
The action of the British parliament, in imposing a duty upon American colonial commerce, and in the enactment of what was known as The Boston Port Bill,” obstructing such commerce, produced consequences of far greater import than could reasonably have been contemplated. It led to the assembling of a Continental Congress, to the Declaration of Colonial Rights, to the Declaration of Independeuce, to the Revolution, to the formation of : tates, and to the Articles of Confederation and Perpetual l'nion between the States.
Some of the States claimed the right to regulate commerce between the States ; to also lay taxes and duties upon such commerce. ('onfusion arose, be, ween the States and the United States, respecting the subject The Legislature of the State of Virginia, by a joint resolution, proposed that commissioners, representing the several States, meet in convention, to take action to remedy the matter. Such convention was held, and a recommendation made to the Continental Congress that a general convention of representatives from the several States be called, to revise the Articles of ('onfederation. Such convention was also held, and resulted in the preparation, adoption and subsequent ratification of the Constitution of the United States, in which it was expressly provided -“ That Congress shall have power
to regulate commerce with foreign nations, and among the several Stares, and with the Indian tribes."
“ No tax or duty shall be laid on articles exported from any State."
"No preference shall be given by any regula ion of commerce or revenue, to the ports of one State over those of another; nor shall vessels bound to, or from, one State, he obliged to enter, clear, or pay duties in another."
Railroads, as a medium of commerce, were not mentioned, for the very evident reason that there were none in existence or even in contemplation.
Commerce Intra-State is that commerce which is exclusively local or internal to a State ; that is, commerce beginning and ending in a State, and comprehends every character of commercial intercourse which is exclusively local or internal to a State, including the selling and purchasing within a State, for delivery in the same State, of any production or commodity, and the transportation of persons or property on land and on water, and communication by telegraph and telephone, and the facilities, appliances, instrumentalities and means, and the intelligence, the care, the labor, the agent, and the ohjeet of operations, by which, and for which, the same is conducted, where it is exclusively local or internal to a State;