Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-06-16
FOR THE MASSACHUSETTS SPY.

FOR THE MASSACHUSETTS SPY.
Having, in two former numbers, cursorily
mentioned the duties and qualifications ofJudg-
es, propose now to follow with some obserya-
tions on Lam and LawyerS, and point out the
duties of those who belong to the legal profess
sion. In the execution Of this undertaking,
shall be desuhory, and have more regard to
in1partiality and truth, than to any dialectical
order. Like the sect of the primitive Chris
tians, law and lawyers are, by the ignorant and
hcentious, "spoken against - and they had
rather destroy them entirely, than that their
qCcauh" should be diminished, and their
"great goddess Diana despised." Though the
law is open in which any matter may be heard
and adjudged, yet " Den1etrtus and the crafts
men" are inveighing against it and its expound-
ers, and do not like to have their " matters de-
ternained a. IaaGful assembly,"
That science which distinguishes the cri.
terions Of right and wrong-whch teaches to
establish the one, and prevent, panish, or re-
dress the other--that employs in its theory the
noblest faculties of the soul, and exerts in its
practice the cardinal virtues of the heart-a
science, which is universal in its use and ex-
tent-accommodated to each individual, yet
compromising the whole communicated
science, say, like this, should ever have been
! deemed unnecessary to be studied and disrep-
utable in practice, is matter of establishment to
those who know its elements and operations.
Aristotle, speaking Of the laws of his own
country, has said, that jurisprudence, or the
knowledge of those laws, is the principal and
most perfect branch Of Ethics. The law is the
perfection of reason, enjoiEing the things that
are necessary and useful, and prohibiting the
| contrary. In the language of Coke Mill.
quod est contra rationem, est licitum for rea-
son is the life of the law, nay the common law
itself is nothing else but reason, which is to be
understood of an artificial perfection of reason,
gotten by long study, observation, and expert
ence, aud not Of every mans natural reason !;
for, Memo naScitur artifer. This legal rea-
son, est Sunanaa ratio. And therefore, If all the
reason that is dispersed into so many sereral
heads, were united into enc, yet could he not
make such law as the law in England is !;
because, by many SUGGESTIONS of ages, it hath
been fined and refined by an infinite number of
grave and learned men, and by long expert
ehce grown TO such perfection for the gov
eminent of this realm, as the old rule may be
justly verified of it, yNominant oportet esse sa-
Ptentaonena tegibus no man out of his own pri-
vate reason, ought to be wiser than the law,
which is the perfection of reason. So as in
truth justice is the daughter of the law, for the
law bringeth her forth" Judge Blackstone
says, christianity is a part of The law of En-
gIdnd."-4 81. Com. SO. And again. So
clearly does the law enforce that excellent
rule of gospel morality of " doing to Others as
we would they shodld do unto ourselves. n-3
Bl. Com. 217. "The law of England prohib-
| its every thing which is contra bon0s nsoyos. >;
Per Lord Mansfield, Cowp. 80. "No Court
will lend its aid to man who POUNDS his cause
of action upon an Immoral or an illegal act. If
from the plaintiffs own stating, or otherwise,
the cause of action appears to arise &c turpi
cauSG I, or the transgression OF positive law
| OF this country, the law and the Court will not
| assist him." Cowp. 343. &C Alllaws stand on
the best and broadest basis, which 90 to en-
force moral and social duties. Though indeed
it is not every moral and social duty the neg
lect OF which is the ground of an action for
there are, which are called in the civil law,
duties of imperfect obligation, for the enforc-
ing OF which, no action lies. There are many
cases, the pure efusion Of good mind may in
| duce the performance of particular duties,
which yet cannot be enforced by municipal
law" Lord Kenyon ID. & f. CD Ash
hurst, one of the judges of the Kings Bench,
declares" have so much veneration for the
tdw, as TO suppose nothing can be law, which
is not founded in common sense or common
haneSty." The great and illustrious Edmund
Burke has said" Lar, ITSELF IS only BENEFIT
eenee acting by rule" And again. The law
is one Of the noblest Of human sciences-a SCI
cnce which does more to quicken and invigor-
ate the understanding, than all the other
kinds OF learning put together" In another
place, he breaks out in the following eulogy
The science Of jurisprudence, the pride Of
the human intellect, which, with all its defects,
redundances, and errors, is the collected rea-
son OF ages, combining the principles Of origi-
nal justice with the infinite variety ofhuman
concerns" Mr.. Whittocke, a celebrated law
yer and statesman of the 18th century, saws.
81 account it an honour to me to be a lamver;''
and the renowned scholar and moralist, DIR.
johnson, at the age of69, exclaimed, 81 ought
TO have been lawysr." Junius seems to be-
lieve, that defending right and 1crong, indis-
crinainateLy, hlunts the nice edge Of the moral
sense; but DR.. Johnson, Shen asked whether,
as a n1oraI'st, he did not think, that the prac-
tice Of the law, in some degree, hurt the nice
feelings of honesty, replied, "why, no sir, il
you act properly. You are not to deceive your