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cisions of the courts on these questions, as I have attempted to show. Law is powerless against a strong public opinion in this: country, and public opinion is and has been steadily getting away from the ideas of the Puritans. Where will the end be, and what does it mean? The logical end would be bad, but the Anglo-Saxon people rarely carry any movement to its logical end. That Sabbath observance is best for the great body of the people, independent of its religious character, every one must admit. As former Chief Justice Bleckley, who never uses a word amiss, puts it, in considering our Sunday statute: "There can be no well-founded doubt of its being a police regulation, consider. ing it merely as ordaining the cessation of ordinary labor and business during one day in every week, for the frequent and total suspension of toil, cares, and strain of mind incident to pursuing an occupation or common employment, is beneficial to any individual; and incidentally to the community at large or general public. Leisure is no less essential than labor, to the well-being of man. Short intervals of leisure at stated periods reduce wear and tear, and promote health, favor cleanliness, encourage social intercourse, afford opportunity for introspection, and retrospection, and tend in a high degree to expand the thoughts and sympathies of the people, enlarge their information and elevate their morals.” (90 Ga., p. 397.) Withal the American people are conservative, and the great mass. of them take the same view of Sunday as does our learned exChief Justice.
The cold-baked-beans-and-brown-bread Sunday of old New England, and the Sunday of the Parisian Boulevarde are as extreme as the poles. The temper of the American people lies between, and in this as in all the other phases of life, is not the maxim of Justinian the true rule, "Sic utere tuo ut alienum non laedas," which, being liberally interpreted with reference to this subject might be held to mean, “So use your own Sunday that you injure not another's Sunday.”
P. W. MELDRIM,
Standing here to-day in the shadow of these sundered granite hills and listening to the voices of falling waters, we can not but be impressed by the beauty and sublimity of the scene. And yet, physical nature, dissociated from man, while it awakens varied emotions, does not have, for us, the same intense interest, as a place that has been glorified by intellectual and moral effort.
There is probably no place, any where, that is so full of absorbing interest to the American lawyer as the Roman forum; for there was much in the life of the Roman republic that gave inspiration to this American republic. But, neither with the glory or the shame of the forum, nor with the rise or fall of the Roman people, can I speak to-night, for the field is too broad to be considered within the limits of the hour. All I can hope to do, is briefly to sketch the character of the man who was the most conspicuous ornament of that forum, and the most distinguished lawyer of that Roman law, which, in its later development, under the name of the civil law, has become the basis upon which rests the jurisprudence of the Latin, the Slav, the Scandinavian and the Teuton.
Marcus Tullius Cicero was born at Arpinium, the same place where Marius was born, and in the same year with the great Pompey, 107 B. C. It is said, that clouds take shape and form from the surface of the earth over which they pass; it is true, that men take tone and color from the times in which they live. To judge of any man, his words or acts, reference must always be had to his environment. Cicero was the natural outcome of the age in which he lived. Belonging to the Equestrian order, he came from the strong blood strain of the Volscian country stock. His father, a man of education and accomplishment; his mother a woman of the nobility, and of more than usual strength of character—Cicero, like most of the Roman youth, was ambitious; and at that time in Rome, as we have -seen it in this republic, the stations of honor in the state were best reached through the avenues of the law. There was much in the genius and life of Rome at that time to excite ambition. Every citizen had a voice in the government. The constitution was republican. The citizens were divided into three orders, Senatorial, Equestrian and the People. Roman citizenship varied in the rights that were accorded to the different classes. In addition to those who possessed the full rights of citizenship, foreigners were granted priviliges and protection; the Italians were admitted to citizenship under certain restrictions; the people of the conquered Roman provinces secured lesser civil rights, while to the freedmen or manumitted slaves was accorded more or less political power, but it is interesting to note that "their exact status was a standing subject of controversy in politics.”
In so complex a system of political rights, there necessarily arose grave questions affecting not only individuals, but classes, and requiring resort to courts and arms to determine and settle them.
The government of Rome changed from time to time, but generally, we can distinguish in its several forms our own divisions into legislative, judicial and executive. The legislative functions in the days of Cicero were exercised by the Public Assemblies—the comitia, presided over by the consul, pretor or .tribune. These assemblies elected magistrates and made laws. The senate, at first a council, gradually assumed legislative power and discharged executive functions. There was one interesting fact in connection with the Roman senate, and that was, that a senator was not confined to giving his opinion on the question under discussion. In this respect, Middleton's remark in his life of Cicero appears true, that “Human nature has ever been the same in all ages and nations.”
With the various officers in the Roman state, we have no present concern, but there was one principle applicable to the consulship which was vital to the public life of Cicero, and that was, while a consul could do anything during his term of office and no one could question it, yet, after his term had expired, he could be held answerable for his conduct.
Passing from the body of the Roman people and their officers, a glance must be cast on their courts. Naturally, their business was divided into civil and criminal. Originally, jurisdiction in both civil and criminal matters belonged to the King, but civil matters passed to the consuls and pretors, and important causes were transferred to assemblies of the people. There was a presiding judge, a jury, the members of which were drawn by lot from the body of jurors, the right of challenge existed, a majority of the jury found the verdict, the president or judge had no vote, and he did not decide the law. The jurors voted by ballot: A. (absolvo) not guilty, or C. (condemno) guilty.
Cicero was not only a lawyer trying causes in the courts, but
he was actively engaged in public life, filling the great officesof quæstor, ædile, prætor and consul. How full of difficulty that life was can best be understood when we reflect that two years after he assumed the toga virilis, he saw the first Civil, War begin and Marius become a fugitive. He saw the same Marius return to Rome and become consul for the seventh time. He saw that Marius die and Rome fall into the hands of Cinna. He saw Cinna murdered, and Sulla overthrow the Marian party. He beheld Sulla Dictator, and saw Spartacusdie. He saw Pompey when he went forth to meet Mithridates, and saw him again after his return, forming the first triumvirate with Caesar and Crassus. He beheld his mortal enemy Clodius made tribune, and he found himself driven into exile.. Returning from exile, he defended Milo for the murder of Clodius, and went as pro-consul to Cilicia. Upon his return to Rome, he beheld Caesar crossing the Rubicon, and saw him. made Dictator. He looked upon the mighty struggle between Caesar and Pompey. His efforts for peace were unavailing. The clash of resounding arms drowned the voice of the orator. Pharsalia was fought. Pompey was dead. Caesar was master and Dictator. Cicero looked now upon the mightiest struggle for political power that the world has ever seen. Caesar is made Dictator for life, and falls at the foot of Pompey's statue. The contest between Antony and the Roman senate began. Cicero thundered his philippics against Antony. The second triumvirate was formed. Cicero was proscribed, and, fleeing, was murdered.
Any reflections which may be made upon the conduct or character of Cicero should have due regard to the tremendous forces that were operating upon him during his entire public life. To me the most surprising thing is that in the general corruption of official life, he should have been clean and honest,