Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-07-11

cannot be done without the intervention
OF The government and that can only
be justified by considerations for promo
ting the public good; hence the right of
the government 10 interfere in regulating
The tolls at mills. The policy Of the in
reference is justified as IN the other ca
ses, upon the principle of avoiding mo-
nopolies, and consequent eXtortion. The
nature and character of these particular
subjects, would necessarily involve the
principle of monopoly, unless prevented
by governmental regulation. A fair and
free competition could not he had OH
public roads, nor public bridges be-
cause, but one road. & the bridges on il,
can he necessary 10 lead from one place 10
another. But If fair and free compei
ton could be had in the cases stated, a.
thougi, government would still have an UNI
questionable right 10 regulate the tolls, II
would be Wnwse 20 do so because pri-
ces are always better regulated by com
petition than by government. The right
of the government t0reguiaie the prices of
bakers bread and tavern rates, is qucsti
enable ; but the impOiicy is unGuestlon
able; because, both the occupation OF
baker and tayern-k sper are suble 10
fair and free competition. Nor does MIR.
H. appear To have been more happy in
which government undertakes 10 regulate
the prices OF ltv, er's fees. and The prices
for the loan Of money. The right OF the
goyernmeHt To regulate LAWYERS fees, ari-
SEES from It's right to establish courts for
the administration of justice. The pro-
fession OF the law relates ~ business de
pending before such cGUrts. HcYcc the
practice OF the law in snci; courts must
be omsidcredas q matter ofprWiicgc, moi
a. Il matter Of right, 1t is also the duty
of the aovcrnmcut 10 take care that the
courts, the fountains Of Justice. be kept
pure and upon this ground, tits JusiIsi-
ed i'll requiring proper qualification ior
the profession. attended witha certificate
oi the honesty, proiiiy, and good d.
meanor Of every candidate, previous to his
admission t0 practice the law. Govern
mcrt, therefore, has an uuquestiouable
right TO regulate lawyers fees. The po-
licy of doing so, depends upon a prInci-
pie Of JUST, c towards the suffers in tlin
courts. 1t is Just. that every individual
improperly hrough, before Il court, should
BE- unidentified By fl,r wr NJ doer, ior,he
costs lie has prOperl, evneuaed i'll such
court fit should have been necessary
for him TO employ LAWYER 10 appear III
his behalf; he ought 10 he REIN ',,irsed
reasonable fee for that rari Of his costs
hence il is not only polite, bat essential
to Justice, that So far, and for this oh
ject, lawye r's fees should be regulated by
law. This case also formS another Just
exception Ia tle ceptiOnabie promo
siiion But these principles will by no
means Justify government III going fur
ther, and in interfering with The rights of
individuals, by prohibiting them from
giving 10 lawyers, any fees they NAV
choose, according 10 their own views of
their own interests. Nor can such furth
er regulation be necessary TO prevent mo
nOpolv because, as long as the practic,
Of The law shall be more profitable & less
laborious than occupations requiring ma
nual labor, il never will be doubted, but
that so long there will be competition e.
nough in that profession. 10 regulate law
yer'S fees without the interpOsiiion Of the
government. From the foregoing cons-
| derations, it would result, that for the
| purposes of general justice. it becomes
| necessary to fix LAWYERS fees and If i,
cannot be done with any degree Of nice
| calculation i'll consequence of the great
| differences in the services rendered bv
| Athenian genius, learning and eioquence,
and B9oiian Guinness, government ought
| then 70 seek ont some general principle
! ofcOmpromiscb between them. But it would
seem from the existing rate OF legal foes,
| that instead of this general compromise
| government has deemed it wise 60 level
| the high and just preiensions of Atleuian
genius, learning and eIoquence, 10 the
| humble deserts Of BoeOtian duiincss.-
| Government has also right, and il is
both polite and necessary, fo fix price
! for the use of money IN certain cases. II
| is both the right and the duty of the go
vernment, 10 enforce contracts, and TO
| see that justice is done between in
| dividuals hence arises the right TO regu-
| late The price for the use of money
| Money is not onv fair article oftraffic
! in itself, but il is also the measure of value
| and the common medium of exchange, of
| all other understandable articles. Ii is in
| this latter character only, that govern
ment can rightinIly regulate The price for
The use of money. Such regulation be
comes necessary in all cases Of legal inca
| pacItles TO contract such as debts due
| 10 infants In these cases, the infants
| cannot contract for the price TO he raid
| for Withholding their money Of course
| il becomes necessary for government TO
| fix some general standard in their stead,
and for their benefit. 1t also becomes
| necessary in all cases Of failure on the
! part of competent individuals 10 contracf
| for themselves, in which money is with
held, and which call for the coercion of
| the law 10 enforce Tie payment. Hence,
it is evident, that for The purposes Of as.
ceriainiDg and enforcing Justice, govern
ment has tn right, and is placed nndcr
an obligation to regulate the price for lie
use Of money, in all cases of incapacily
and omission
BEYOND these points, government HAS
no right togO-ltis one of tie most valua
BILE and sacred rights Of AN individual. fo
use his property, at his own will and plea
sure; provided he shall abstain from iniu-