THE OFFICE OF THE LAW

[Speech of Francis M. Finch on assuming the chair of the President of

the New York State Bar Association, at their annual dinner, Albany,

N. Y., January 17, 1900. The ex-President, Walter J. Logan, introduced

him in the following words: "Before I introduce to you Judge Finch, I

want to say just one word for myself. The New York State Bar

Association has treated me with distinguished consideration, and I

shall ever regard every member of the Association as my personal

friend, and among the pleasantest experiences of my life, which I am

only just commencing, that the lawyers of the State of New York

thought me worthy of the position which I am now surrendering. Allow

me to introduce to you Judge Finch. [Applause.] I want to introduce to

you, Judge Finch, the most splendid body of men in the American

nation,--the New York State Bar Association. Judge Finch is now

President."]

GENTLEMEN:--I regard it as a very great honor to be called upon

to preside over the work of this Association for the coming year. I do

not know of any other temptation which would have drawn me away from the

quiet of my ordinary life into an arena so public and so open to

critical observation. It is entirely natural that one who has crossed

the line of threescore and ten should covet a life of rest, or at least

some restful work which makes no heavy demand upon brain and nerves, but

I have received from the Bar of the State of New York, in the years that

have gone by, and which seem to me now almost like a dream, I have

received at their hands so much kindness and courtesy, so much of that

encouragement and generous approval which makes the hardest work a

pleasure and happiness, that it seemed to me almost ungrateful and

ungracious to refuse the duty which was sought to be imposed upon me,

and so I have surrendered, with such grace as I may, and will endeavor,

to the best of my ability, to push forward the work of this Association.

[Applause.]

Indeed, gentlemen, I confess, as over our cups confessions are sometimes

excusable and in order--I confess that it is something of a comfort not

to be quite forgotten. [Applause.] It is the lot of the average judge--I

don't mean by that these old associates of mine, sitting by me, who are

a long way above the average [applause]--it is the lot of the average

judge to disappear from the public memory very soon after his work is

done. Occasionally there is one who makes his appearance in the flush of

some new and remarkable era, and fastens his name to its beginning.

Occasionally there are others who do some excellent work, not altogether

judicial, and in that manner keep their memories alive; but the most of

us, when our work is done, step down into the mist and the darkness of a

very swift and prompt oblivion. And if you, gentlemen of the Bar, have

chosen for me to draw back the curtains a little, to dissipate somewhat

the mist and the darkness, it is just like you; it is only another of

those kindly deeds which it is pleasant to remember, and for which I am

grateful, and glad to have the opportunity of saying so. [Applause.]

I wished to confine what I have to say to-night simply to these words of

acknowledgment, but the thought comes to me, and I think I must give it

expression, that there never was a year in the history of this nation

when the work of the intelligent, of the able and of the scholarly

lawyer was more imperatively demanded in the interest of the nation and

of the race, than this year which now opens before us. [Applause.] I

have long been of the conviction that the law never leads civilization,

but always follows in its wake; that its purpose and its object is to

regulate and control the relations of men with each other, and their

relations to the State; but those relations must first come, must first

be established before there is anything for the law to regulate.

Progress goes on; new inventions are made; new relations between men

occur, and it is the office and the purpose of the law to march behind

them, to regulate and order and systematize them, and produce, if need

be, justice out of injustice; and to-day beyond the questions of

taxation, which are an almost insoluble problem, we have already the

beginnings in the metropolis of the State of an underground railway,

likely to open and introduce questions as difficult and as remarkable

as those which attended the elevated railways. We have a mass of

colossal trusts, as they are called, combinations of capital, in an

extraordinary degree, with which some of you have already been

wrestling, and others of you will be called upon to confront or defend.

Beyond that the student of international law is about to be obliged to

look away from home and reconsider his foundations, to reflect anew upon

the conclusions to which he has come in the application of the questions

of what is contraband and what is not in the light of an extending

commerce. Beyond that, again, and what interested me, perhaps, more than

it may you, I saw the other day in one of our leading city journals, a

statement which I have been able to verify, that the German nation on

the first day of January in this year, set in operation a new Prussian

code, which substituted for the civil law and the Latin doctrine the

Teutonic law of Germany. I myself cannot read the German language; but,

if there are some among you, within the sound of my voice, who are

capable of doing that, I set you the task between now and one year from

to-day of studying and examining that new Prussian code, which must be a

marked departure, and giving us the benefit of your knowledge and your

judgment. And, beyond that still, the nation itself stands to-day at the

parting of the ways; stands to-day upon the verge of a new and most

unexpected and remarkable destiny, and, I repeat, that there never was,

I think, there never will be, gentlemen, another year in which the labor

and the study and the thought of the scholarly and intelligent and

learned lawyer could be more needed or more in demand. [Applause.]

Let me add one word, not quite so serious, and that, with reference to

my friend who has been your President during the past year, and who, for

his patient industry in your behalf, for the manner in which he has

conducted your affairs and looked after your interests, deserves the

thanks of this Association, which, in your name and behalf, I venture to

give him. [Applause.] What I want to say, however, outside of that, is a

little bit in the line of complaint. He has undertaken to take away from

me my surplus over and above ten millions of dollars [laughter], and

give it to the State of New York. He says in justification that he

thinks and believes that it would be for the best, but, with all

deference to his opinion, I venture to say that I would rather trust my

children to spend that surplus than the average legislature. [Laughter.]

More than that, and the suggestion will relieve my friend somewhat, I do

not intend to have any surplus over his ten millions, not if I know it.

When I reach that happy point, and find that my inventory is running

above it, I propose quietly to take that surplus and hand it over,

first, on one side, and then on the other, to my children, and that

beautiful inheritance law of his will have no application to me

whatever. [Laughter.] Nevertheless, while I disagree with him about

those things, and think I see my way out of the difficulty, I pardon all

of it, because he has promised me faithfully on his honor that until the

close of the festivities he would remain your President, and when in the

end he bade you good-night he would do it for me, as well as for

himself, and wish you each and all a happy journey to your homes and a

safe return to these same tables one year from to-day. [Applause.]

Modern Eloquence: Vol II, After-Dinner Speeches E-O · 第 46 / 212 题