The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1828-06-05
GENERAL ASSEMBLY.


, session,
Mr.. szard, of Newport, called for the
second reading OF the Blli TO repeal the
law prohibiting Clerks Of Counts, from
practising ssatcrnles. lie eprCsumedth
could be no objection 10 the bill, and he
hoped II would pass.
Mr.. T.. K. Potter hoped il would no, pass.
II the law was right IN itself II ought not
10 be repealed. lie recollected many wears
ago, when there VAS a dispute between
Governor Arthur fsuner, aud Judge Dor.
rance, and tie present Governor Fenncr.
son of one OF the parties, was clerk Of the
Court, It Was though: improper that be
should act as clerk, and some person was
4. appointed 10 act as clerk in that case.
There was manifest lmpropriety IN clerk
OF Court practising as an Attorney. lie
had great opportunities OF favor!ng his eli.
ent. Don't he make up the record, don't
he Gall the jury u think the thing is i'm.
proper IN lseli.--Suppose go to the clerks
office when he is employed us "A counsel a.
Talnst me, shall l stand as good a chance
as my antagonist? Besides the clerk will
he called Oft from his business II he under
takes 10 practise at the bar Some say i.
IS only collection business he Will dot
takes two or three days totry a cause, and
hear all the lawyers speeches. did hope
/ thatw hen We got the new Court, We should
have had shorter speeches. but see some
OF the long winded lawyers, hold on, as
many days IN making a speech as they ev.
er did. hope II will be done away with,
before great while. Suppose the clerk
is engaged in one of these speeches, and
some one wants paper or TO search the
| files, can he leave off, and the business of
the Court stop for him? Ii makes me think
OF the story of minister IN Connecticut,
who wasplnying game of cards when the
bell rung for meeting, and told u by-stand.
or he had short sermon in his pocket To
! preach, but he would be back IN a little
while, and begged him TO take his hand
while he was gone. 1t would be Just so
with the clerk, if he was called to search
the records while he was making speech.
The Clerk too has a great opportunity Of
discovering the secrets of the adversary of
his client, and can take advantage ofthCm.
do think the thing IS improper in itself
Mr.. Hazard said be considered tho rca
cons urged IN favor of prohibiting Clerks
from practising, as specious, but altogeth
er unsound. TO be sure the clerk makes |
up the record and calls the Jury, but can
he affect any party by it-can he aid his
client any! lie does IL under the eye Of
the Court; all the files are in their possess
sion and under their supervision. Can he
do any one thing TO affect party as an al.
torney, that he could not do, ifhe were not
an Attorney; II is said the clerk IS in
possession Of the secrets Of parties. What
secrets? lie has no more access 90 the
papers filed in his Office than any other man
IN the State has. What tprivale documents
or what secrets do parties place upon file
IN the Clerks office. There is no such
thing. 1t is all idle pretence There are
no papers on file except those that are to
be used in open court, where every body
can see them.
What possible advanoge, then, can the
Clerk have over any other Attorney ]
cant see any thing more than plausible
pretence for preventing clerk from proc
tcing. Where tx the evil? II has been
the practise in this State ever since We had
Courts. Mr.. Hazard here named seven
or eight persons who were the best clerks
we had ever had, and ut the same time
practIsed az Attornies. The Clerks Of
fee in this county Newport is worth two
hundred dollars. Who can you get for
that sun, who is qualified, 10 devote his
whole time 10 il A person who has stud
led the law is undoubtedly the best quail
fed. lie NAV exc il out with his profes
slonal services, but deprive him OF his prac-
tice and you drive him from the Office, and
you must give II To person who IS no,
qualified, or who is engaged in sorc bus.
ness, altogether incompatible with bis du.
ties as clerk.
M DiTon said the act which il wos now
proposed 10 repeal, had passod without
much consideration, aud after a suspension
Of II for one year, he believed most Of The
members had become satisfied that u was
notnecessary. II was always an evil, 10
attempt 10 anticipate sulJoc's Of logisla
tor and tho passage Of laws on The remote
probob!i'y that they might BE- needed,
would never lead ,ouseiul progress ~ The
business Of Legislation. In the present
case no evil bad ever arisen. ~ tho history
Of our government. from tie clefkg of
Courts practIcup o. huornIcs II would
regulate Is,f II IN indSidsO had foil
en- p.oymcu' a Clerk, ard derived com
pctent support from tho, he would not
practice, and lawyer, who was 10 fol-
practice, would not accept The Office Of
Clerk This would only happen where
young men were engaged IN compora.
lively small practice, with which The du.
ties Of Clerk, would not interfere, whlc It o
would add 10 their means of support--Ws
surely ought not 10 suppose that because =
Clerk happens 10 be praciiclng hltoueJ,
that he is less likely to be honest, thar If u
re were not an Attorney. a Clerk is Sc a
Ieeted in the FIRST instance, for his qua III. D
cations IN hi int gritty. lie ispresnned
~ be quslifed, and presumed 10 stand as 7,
AIR he niher men nm noint OF inteprItY. lie Y