The Express.
London, England, 1862-02-26 00:00:00

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LONDON, ED.V ESDA FEB. 26.

Ter English Bar is in the theory as well as the
practice of the Constitution the most important
profession in the State. Its head is in station the
next to Royalty, and in many important functions
acts as the vicegerent of the Sovereign. From its
ranks, more than from any other source, the here-
ditary Peer:l.4e is recruited. That high-born
Chamber, which never opens its doors to the
learned in science, or—bating one illustrious ex-
ception—the renowned in literature—which ac-
knowledges the chiefest dignitaries of the Church
but as the holders of life offices—which recognises
even the profession of Arms only on the rare occa-
sions of some great victory, receives on an average
once in five years a regular accession of new blood
in the form of an ennobled barrister. In the
House of Commons the profession is represented
with no less distinct predominancy. Two seats in
the Government belong to it of right, and as in-
dependent members, the leader of nearly every
circuit, and half a dozen Chancery lawyers, find
constituencies ready to confer on them the coveted
privileges of Parliament. The credit and good
name of a body so eminent are therefore, in some
degree, a matter of national concern ; at the same
time that, from its influence over the most im-
portant interests of private life, its code
of morality is a question by which every
individual is more or less affected. It is
not, therefore, surprising that the scandals
among its members which have lately come
to light have created a more lively sensation than
would be aroused by corresponding delinquencies
elsewhere. Three members of the profession have
been brought under the censure of its governing
authorities. Of these, two have been disbarred,
and have submitted to the sentence ; the third
has been reprimanded, and has loudly appealed
from the verdict to the tribunal of public opinion.
It is not our purpose to anticipate the result of
that appeal in which the facts are as yet so imper-
fectly disclosed. But the circumstance that it
has been made at all invites, meanwhile, our
attention to the regulations under which it haa
become possible, if not necessary. There is
a presumption in favour of every sentence,
if it has been pronounced by a competent
and impartial tribunal. But the presumption is
reversed if the judicial function has been exercised
so as to be open to suspicion of ignorance, care-
lessness, or unfairness. And such a presumption
arises in the present case, not so much from its
individual circtunstanc3s, as to which the public is
still in the dirk, as from the very constitution of
the ruling body by which the decision has been
pronounced.
This bodyconsista, in each of the Inns of Court,
of those who are styled " Benchers" of the but.
These Beechen are charged with the whole
government 04 the profession. It is by them
that meu are called to the Bar, by them
that the continue funds of the Bar are
administered, by them that a barrister may
be expelled. But those who are invested
with this supremo authority are in no degree re-
presentatives of the profession at large. They are,
in the strictest manner, self-elected. This groat
profession is still governed after the fashion of a
close corporation before the days of municipal
reform. Nut one of its members, be his position,
his character, his intelligence what it may, has a
voice in its councils unless the Bench of his Inn
have admitted him to a seat among them-
selves. Fur this honour the qualifications are not
necessarily those we have mentioned. It is the
almost unvarying custom that a barrister
when promoted to the rank of QUEEN'II
Counsel is elected to the Bench of his Inn, and
that no one else is elected. Such promotion is in the
sole gift of the Lard Chancellor, and though some-
times granted on the request of those who have no
business at all, it is most commonly conferred upon
those whose success has been such as to justify
their renouncing " junior" and restricting them-
selves to " senior" practice. Here, then, are the
two virtual qualifications—the caprice of the

Chancellor and the favour of attornies—for
holding the place of ruler over the Bar of England,
and of arbiter of its moralities. Far be it from
us to suggest that any other than model members
ever attain to either of these high distinctions.
Rut we would venture to put it seriously to the
profession whether it is altogether • satisfactory
or creditable state of things that it should be
subjected without appeal to such a form
of government ! Is mere vanity, or mere
success, no matter how attained, the
best possible assurance of fitness to regulate the
affairs and guard the reputation of a body so im-
portant and walking in such slippery paths? Are
such tho tests by which in other matters we should
be content to select the men to whom we would
submit the control of our property and the power
to guide us in honour or to overwhelm us with dis-
grace ? Are these sufficient qualifications fur the
sole and irresponsible regulation of the profes-
sional education, of the code of decorum, of the
inner morality, on which the status and estimation
of the whole body so intimately depend?
If we turn front these general considerations to
the immediate occurrences which have drawn
public regard to the question, we shall see how
much they involve the same inquiries.
The conduct of a body which is subject to none
of the wholesome sense of responsibility which at-
taches to the representative or judicial character, is
very naturally found to be marked by objection-
able features. Carrying on its discussions in
secrecy, promulgating its decisions without its