for,—the 'elasticity' of the common law, which enables them to disregard it, and fashion law unto themselves. And yet so laughably forgetful are the worshippers of the empty niche of the ancient common law that the revered figure has been despoiled and carried away, that one of the greatest of them, Mr. Bishop, just now writes: 'I have expressed indignation at modern attempts to smite it to its death and burial in statutes under the name of codification,'—forgetful that it is long since dead and buried and mouldered, except here and there a bone. Now the question of the day is whether the law thus ascertained shall be fixed in statutes, or shall be left for judges to change at pleasure, so that there shall be no determined and invariable rule in any case."
Recent Deaths.
Hon. Peleg W. Chandler, one of Boston's best-known lawyers, died on May 28. Mr. Chandler was born in New Gloucester, Me., April 3, 1816. His paternal grandfather, Peleg Chandler, emigrated from Duxbury, Mass., in the last century; his maternal grandfather, a Parsons and a relative of Chief-Justice Parsons, from Gloucester, Mass., at about the same time. His early education was obtained at the Bangor Theological Seminary, where he graduated in 1834, and he entered Bowdoin College, finishing his academical course in 1837. His profession of the law was the result of studies with his father, also at the Harvard Law School, and with his relative, the late Professor Theophilus Parsons. Mr. Chandler as a lawyer gave his attention to civil cases, which were more congenial to his tastes and habits of thought. So far as can be recalled now, he seldom deviated from this practice, and then only where his sympathies had been strongly aroused. In arguing a case he was famed for the lucidity of his explanation, which made the law clear, and his forcible, concise presentation of facts, so as, to make the most complicated case plain in its main features, not only to the comprehension of the profession, but to that of the average layman. He received the degree of LL.D. from his Alma Mater in 1867, and was made a Trustee of the College in 1871.
Franklin H. Churchill, a well-known lawyer of New York City, died at the residence of his brother, at Newport, R. I., May 22. Mr. Churchill was a descendant of a well-known military family, his father, Brevet Brigadier-General Sylvester Churchill, having been Inspector-General in the United States Army during President Polk's administration. Franklin was born in 1823, and after a course at Harvard, was admitted to the bar at Albany.
Henry A. Foster died at his home in Rome, N. Y., Sunday, May 12, in his ninetieth year. He was the senior ex-United States Senator, having been elected in 1844, one year before Simon Cameron of Pennsylvania. He was elected to the State Senate in 1830, and to Congress in 1836. In 1840 he was again elected to the State Senate. He was a delegate to the convention which nominated General Cass for President. In 1853 President Pierce appointed Mr. Foster United States District-Attorney for the Northern District of New York, but he declined the honor. In 1863 he was elected Justice of the Supreme Court in the Fifth Judicial District. He was twice appointed Surrogate of Oneida County, and held many positions of honor and trust in that community. He was a resident of Rome almost continuously from 1819 till his death. He continued in practice until a very few years ago. He was a man of remarkable talents and learning, and of great mental strength and originality, but of a domineering and sometimes violent temper.
Gen. Volney T. Howard, a prominent lawyer, died at Santa Monica, Cal., May 14, aged eighty years. He was a native of Maine, and was elected to Congress several times from Texas. Removing to California in 1853, he was appointed to the command of the militia in 1856 in the attempt to suppress the Vigilance Committee in San Francisco.
Hon. Freeman N. Blake died at Somerville. Mass., on May 19, aged sixty-seven years. He was a native of Farmington, Me., and graduated from the Harvard Law School. He began the practice of his profession in Chicago, and removing to Kansas took part in the early troubles of that State. He was one of the framers of the constitution of Kansas, and was a member of the
