The Sun.
London, England, 1864-05-14 00:00:00

THE SUN, LOI\DON, SATURDAY EV'ENING, MAY 14, 1864

is no cane so presumptuous as to deny it has every
chance of a summons to power before very long.
At all events it cannot be said that they have
alienated friends by ridiculous rivalry, or been
found wanting in the requisite energy when time
and opportunity gave them a chance of success, or a
prospect of furthering the interests of their party.

I We have repeatedly shown in former leading
articles that the reform of legal education for the
bar, as hitherto attempted, has proved a failure.
That there has been something radically vicious in
the present system, the result would appear to
prove. And the present new system, which came
into operation this last Hilary Term, is worse than
the former one in this respect, although better in
another, as we shall presently show, it is wcrse,
inasmuch as a student can now be called to the bar
by passing a year in a conveyancer's or pleader's
chambers, and so escape the year's attendance at
lectures which has for the last twelve years been
compulsory upon all students whn did not choose to
submit to an examination. As we have on former
occasions pointed out, in Trinity TermolBs2, just
twelve years ago, five Readerships were established,
and these Readers have at stated times delivered
lectures upon the following subjects ;-Ist, Legal and
Constitutional History; 2d, Civil Law and Inter.
national Jurisprudence; 3d, Equity; 4th, Convey.
ancing ; sth, Common Law. Attendance upon any
two of these courses, as we have often pointed out,
has always freed the student from all further
vexation and annoyance. He might have
slipt through the periods when he was com-
pelled to appear in the presence of the lecturer.
Ignorant as he went in, ignorant he might have
come out. This, with the old dinner test and the
payment of a very heavy fee, a considerable por-
tion of which is no doubt charged to him for the
stamp, would—since Trinity Term, 1852, up to
Hilary Term, 1864 (when some fresh regulations
were introduced which we are now about to com-
ment upon)—have admitted the so-called student to
the practice of his profession. And now, as regards
students entering in after Hilary Term, 1864, they
may even escape the year's attendance at lectures
if they will consent to pass a year in a convey•
ancer's or pleader's chambers. The fact is, that
the little improvement that was made twelve years
ago in the education of students for the Bar was
rather a concession wrung from the elder members
of the profession by public opinion than an evi-
dence of intention upon their own part to take the
subject up in earnest as a result of their own deli-
berate conviction. Many of the elder gentlemen
of the Bench believe that things were better, as
they had for so long a time existed prior to Trinity
Term, 1852. The common opinion and belief
is that no practitioner will always be able
to retain the confidence of the attorneys
who is destitute of the requisite technical
skill. Success at the bar, it is generally said, is the
best test of competence, and this success no one can
hope to attain who is not versed in the niceties of
legal practice. This being the view of the seniors,
it is but natural that the students should model
their opinions upon the opinions of those whose
practice, and emoluments, and honours they wish
in their turn to obtain. They do not ask what
form of education is needed to make them en-
lightened lawyers, not only competent to deal with
points of practice, but to appreciate the great prin-
ciples upon which law is founded. For their pur-
pose it is quite unnecessary that any reform should
take place in the law of England, and it is quite
superfluous that they should have a knowledge of
any branch of the law save the one with which they
are more immediately concerned in the daily
routine of their business. What does it signify to
an equity draughtsman or to a conveyancer that
such a system as the civil law ever existed among
mankind, or that constitutional law is synonymous
with the just government of the country. This
vicious view, for vicious it most undoubtedly is, as
we hope to show in a very few words, is fos-
tered and encouraged by the patronage of the
attorneys ; of these gentlemen, however, it
would be most unjust to complain. It is not only
excusable, but it is natural and inevitable, that they
should select for employment just those barristers
who are supposed to be most clever in the practice
of their peculiar departments. If they honestly
and fairly select their counsel upon these grounds,
they have discharged their duty to their clients and
to the public. To be sure, in their own department
of the profession, they subject all candidates for
admission to a most stringent and rigorous exami-
nation, not only prior to admission, but they now
subject all articled clerks to intermediate examina-
tion, and also to a preliminary examination pre-
viously to a young man being articled. The present
system adopted with reference to the Bar is, on the
contrary, a most vicious one, for practically it
amounts to an absolute denial of legal education in
any liberal sense to the members of the superior
branch of the profession. If the Bar would retain
their superiority, which is now rather nominal than
real, it can only be by raising their standard of
qualification. Again, if we would have a race of
more enlightened lawyers than at present, we can
only attain this result by training the students in
higher branches of legal knowledge, and what
is more by taking care that they have attained a
certain degree of proficiency before they are ad-
mitted to practise at all. The more the discourage-
ment of the seniors, the more the patronage of the
attorneys. The more the absorbing interest of after
practice may pull in the other direction, the more
careful should we be to instill a few more liberal
elements into the minds of the students while yet
time and leisure serve to such end. The acorn
sown may grow into an oak, but oak never yet grew
where acorn was not sown. The great ground,
then, upotiewhich the necessity for a liberal legal
education for the bar should be rested, is not that
under the present oyster" we have failed to find
eminent practitioners, but that for the future we
require more exclusive views, a more intimate know
ledge of first principles, a greater familiarity with
other systems of law from the men to whom we
have to entrust the defence of our properties or
lives. Under the present system we may get on
as people 30 or 40 years ago did very well, when it
took a whole day to get to Bath and Bristol, in-
stead of at present only a few hours. But the ques-
tion is whether we don't do better now. Most
undoubtedly we do, and so par/ ratione we
may improve the education of our bar students,
After all, as we have on several previous occasions
remarked, why should the Bar be an exception to
the ordinary rule of professions. Attorneys are
examined, physicians are examined, so are surgeons,
clergymen are examined, so are the Engineers and
Artillery, and even the youths who present them-
selves as candidates for employment in the public
offices can only be appointed after a most severe
competitive examination. Why should Barristers
constitute the sole exception to a rule which would
seem to be dictated by the most ordinary inspiration
of common sense. In their case there is also an
especial reason which would seem to necessitate the
establishment of a sufficient examination. No doubt,
in the case of the ordinary Barrister who intends to
follow his profession as a serious calling, if be break
down as a practitioner, there is an end of him. He
has been weighed in the balance and found wanting.
We are, however, probably understating the Case ,