as a stroller and carried to the guard-house where he was threatened with the stocks and whipping-post that "being a mild and peaceable man," the terror and fright threw him into a "high fever and strong delirium"; and after lying in this "distracted condition" for days, crying out to all that they were come to take him to the whipping-post, he died. But not even a trivial consideration of the judicial history of Georgia is permissible without reference to the great and celebrated case of the King versus Watson. Exactly what Mr. Watson had done it is difticult to ascertain. One record would indicate that having incurred the displeasure of Mr. Causton, he was indicted for stirring up animosities in the minds of the Indians. The Journal of the Trustees, on the other hand, suggests that he was really guilty of murder in that he had induced one Skee to indulge in unlimited quantities of rum-enough to have killed two men, and which actually did bring Mr. Skee to a conclusion. But uncertainty as to the crime seems to have presented no obstacle to an indictment. At the trial Mr. Causton presided and acted in the double capacity of judge and witness. The jury having returned several verdicts which did not accord with the views of the court, was on each occasion remanded to their room, until in desperation it found Mr. Watson guilty of "using unguarded expressions," and recommended him to the mercy of the court as a lunatic. Mr. Causton, moulding the verdict to suit himself, sent Mr. Watson to jail, from which he was subsequently released on bail. Mr. Watson, the jury and the people fiercely assailed Mr. Causton for tampering with the verdict, whilst the trustees arraigned him for bailing a lunatic which they declared was itself an act of lunacy. To the frequent representations which were made by the people of the colony, the trustees sitting in their quiet office near the Old Palace Yard, Westminster, turned a deaf ear, and through their secretary, Mr. Benjamin Martyn, expressed their displeasure with much the same indignant earnestness as was exhibited by Mr. Bumble when young Twist petitioned for his rights. But Mr. Causton got out of perspective when he began to encroach on the power and rights

of the trustees. He might do as he pleased when the practical result was only scaring Mr. Odingsell to death and locking up the bibulous Watson. When he became freehanded in the drawing of sola bills he was summoned home for trial. To the relief of the colony and of civilization, he died at sea, and that was the end of Mr. Thomas Causton. Possibly he had never read the Horatian Ode which Dr. Tailfer quoted, or had caught but half of its meaning, and so whilst he used the gifts of the gods boldly neglected to observe that wisdom which the poet enjoins. The system survived him several years, but does not seem to have been carried on in the same magnificent way. Mr. Thomas Jones, for instance, was also "passionate and proud,” and was a great stickler for Caustonian precedents. But he lacked the mentality of that distinguished man. In fact, it was said of him that he surpassed Causton in everything that was bad "without having one of his good qualifications."

Things might have gone on thus for many years, if a situation had not arisen in which the absence of the lawyer became conspicuous. Among the hard trials the colonists had to contend with was the tenure under which they held their lands. In their complaints this trouble always occupied a place next to the iniquities of the judiciary. Finally, the trustees, grown desperate, formulated a reform which thickened the fog and concerning which Dr. Tailfer felt called upon to observe: "We believe this paper will perplex most people who have not studied the law, to make sense of it; and as there were no lawyers in Georgia, it would seem as if it had been sent over with no other end than that it should not be understood." Reluctantly it began to be perceived that disease cannot be fought without doctors.

The bench grew gradually better until on June 23, 1752, Georgia became a crown colony, and a short time afterward a general court was located in Savannah, the presiding judge to be called the "Chief Justice of Georgia." It was required that he should be a barrister-at-law who had attended at Westminster. His salary was five hundred pounds, to which were added fees and perquisites aggregating as much more. With the real court

came the lawyer. He was entitled to a retaining fee in any cause of nearly two dollars, and for drawing declarations and the like he was to receive the munificent sum of two shillings and ten pence. But he was here, which was the main thing to be considered. He did not at once settle the land question. Indeed, as late as the 110 Georgia you will find that the good people of Savannah and its instructed bar were still losing their rest over the scope and limitations of estate in tail male. But what was very muddy to the colonist has been made clear as crystal by the present "Chief Justice of Georgia." It was a bright day for Georgia when the lawyer came within her boundaries, and every day has been the brighter for his presence. Consecrated by his oath of office to the cause of the helpless and the oppressed, he has permitted no consideration personal to himself to swerve him from his duty to them nor from his loyalty to the State. The pages of literature glow with his fervid devotion to the true and the good; the forum rings with the lofty eloquence of his unselfish thoughts. A sacrificing profession, forgetful of its own interests, singular in its manifestations of public spirit; when its roll is called warriors and statesmen and patriots answer to their names. Take them from the history of Georgia and it becomes a dry record of dates, a skeleton of the greatness which thrills us when we think of what she has accomplished. Living the life of the intellect-cultured and logical and fearless his senses have been ever keen to the sounds of distress and his hands stretched with kindly, uplifting strength to the maimed and weak. Striving for character rather than wealth, he has seen and followed the better things and them approved. This was the kindly guest to whom the colonists of Georgia had shut their gates. It is significant of the mighty changes wrought by time that when he was again proscribed within her limits, it was because he had risked life and fortune in her defense, and suffering for her and illustrating her greatness, had stood shoulder to shoulder with the best and bravest of her sons in the great crisis of her statehood.

APPENDIX R.

PUBLIC OPINION OF THE LAW AND OF LAWYERS.

PAPER BY A. P. PERSONS, OF TALBOTTON.

The subject of this little paper is: Public Opinion of the Law and of Lawyers, and should it occur to any of you that but little herein contained is germane to the question, you will readily understand the cause of this patent defect when I state that I was in doubt as to what this paper would be until its completion, and that it was first born and then named. If its name be a misnomer, I have nevertheless followed a good precedent, for no one can intelligently name a child in the embryonic state, before he can possibly know whether it will be born a boy, or will be born a girl.

Furthermore, I ask of you an indulgence which I believe will contribute to the harmony of this occasion, and which I know will increase my personal confidence in my case, and that is that you do not here enforce that troublesome rule of law requiring that allegata shall be supported by probata; and whereas there is no opposing counsel yet marked on the docket in this case, and whereas authorities are quite as often read for mollifying opposing counsel as for the purpose of informing or convincing the court; and whereas it is not a violent presumption to presume that this body is familiar with all law, I shall cite you to very few authorities.

Now, therefore, having completed the preamble, if you wil agree to file no demurrer to the irrelevant matter and surplusage contained in my pleading, and to overlook all mixed metaphors, I will proceed with the purview.

Neither courts nor lawyers can afford to bow servilely at the bar of public opinion. Their mission is too high for that, yet they cannot disregard the public welfare, and their conduct should be so exemplary as to deserve the public confidence.

That was a very unwise, as well as a very ungenerous remark, áscribed to one of the Vanderbilts who, when reminded of old Pro Bono Publico, replied: "The public be d―d.”

What is called "public opinion," is usually the opinion of a very few individuals, for quite well do we know that the great body of men seldom have well-defined opinions of anything excepting such objects as are corporeal in their nature, and are therefore truly tangible. Law, even statute law, which is prescribed by the legislative power and promulgated and recorded in writing, is only a rule of action, a product of the mind, and is not corporeal in that sense herein intended. Therefore when we speak of "public opinion of the law" it is the opinion, after all, of a very limited number.

From a time when the memory of man runneth not to the contrary, there have been those who have complained at government, reviled the law and condemned the courts; therefore those who engage in such conduct and give expression to adverse opinion have abundant precedent for so doing.

While it may be wiser to ignore ordinary revilers of the law, who are not also violators of the law, than to attempt to reason with them or notice their peccadilloes, nevertheless, it may afford temporary entertainment if a lawyer will, in his imagination, put himself in the place of an aggrieved layman and take a comprehensive, unprofessional, irresponsible view of the law.

A general view of the law-a bird's-eye view in other wordsis really no view of the law at all, but such is the view generally taken by the average layman, and as you have put yourself in his place, for this once you must look at law and courts from his view-point.

Not long since a man of much general information, a man of affairs, prominent in business and financial circles, a leader in the industrial development of Georgia, and more than all a