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 The Highest Courts of Law in New Hampshire.

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of Independence might be cited in his court, case by the lawyers, the rascals! . . . They not, however, as authorities, but as enlight talk of law. Why, gentlemen, it is not law ening by their reasonings the judgment of that we want, but justice! They would the court, but that decisions of a later date govern us by the common law of England. would not be received. Judge Livermore Common-sense is a much safer guide, — the was afterwards a distinguished member of common-sense of Raymond, Epping, Exeter, the First and Second Congresses, and of and the other towns that have sent us here. the Senate, where he served during several A clear head and an honest heart are worth years as President pro tern. He was the more than all the law of all the lawyers.

most conspicuous per There was one good sonality as regards thing said at the bar. eccentricities that has It was from Shakever favored the bench speare, — an English with its presence; and player, I believe. No his peculiar mental matter; it is good condition was again enough almost to be seen in his son, an in the Bible. It is other Judge Liverthis : ' Be just, and more, who came upon fear not' It is our the stage a quarter of duty to do justice be tween the parties, not a century later. by any quirks of the In spite of men in law out of Coke and tellectually strong, the Blackstone, — books bench did not recog that I never read and nize law as a science, never will. . . . Now, or even as a system; Mr. Sheriff, take out therefore, while the the jury; and you, State made progress Mr. Foreman, do not in every other direc keep us waiting with tion, it remained sta idle talk, of which tionary as to its courts. there has been too The bar, confronted with the unprofes much already, about SAMUEL LIVERMORE matters which have sional character of the bench, was compelled nothing to do with the merits of the case. Give us an honest ver to adapt itself to existing conditions, and pa tiently await the improvement that must come dict, of which, as plain, common-sense men, in the inevitable order of things. Here is an you need not be ashamed." Happily, as the effects of the war dis illustration of judicial utterance common to appeared, a better tone pervaded the courts the period. The judicial genius who deliv ered himself of this charge was John Dud of justice; the bar and the people recog ley, a trader and farmer, who was on the nized the shortcomings of the bench, and bench many years prior to 1797. And yet, at once took measures for its reformation. with all his crudities and absurdities, this The days of hap-hazard law may never dis man was regarded by Theophilus Parsons appear, but the days of the layman judiciary and Jeremiah Smith as more than a match have gone never to return. The lawyers of for any lawyer in the State. " Gentlemen, that period found their work of regeneration you have heard what has been said in this hard and discouraging; and yet such giants