Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1842-11-19
From the National Mtelligencer.
THE BENCH AND THE BAR.

Ia the "Law Reporter" for May last
published in Boston, we find an able arIi
Gle with the above title, 1.-The Bench ano
the Bar" which seems as applicable t
our southern ms to our northern judIcla
tribunals; and we therefore copy the fol
lowing extracts:
"The necessity and utility of the legal
profession having been recognised by le
gisldtive enactment, and the members OF
it restored To an eq ality Of rights and
privileges with their fellow cilizens-and
by the law of the Ian all parties litigant
Eavinga right To be heard in all courts by
counsels-we propose to consider the ma
ture and extent of this right.
sin the frs, place, as the judges of our
courts hold their offices and discharge
their functions by virtue of provisions IN
the Constitution of our Commonw enllh.
and Of laws enacted in conf 'rnity with
those provisions, counsel also derive their
rights and authority from the same high
sources; the latter, acting within proper
limits, standing at the bar in aid OF their
clients, are surrounded and protected by
constitutional guarantees, IN the same
sense AMI to the same extent as TO the
former, though elevated to the bench and
charged with the high duties and respon-
sbililies of presiding in those tribunals
We intend, therefore, IN what we are
about to say, to consider the bench and the
bar, as coordinate branches of our adj
cial system, both equally essential to the
due administration of lust,rc; and we
shall speak OF their correlative rights and
duties.
81 he general business Of courts is, to
hear parties; their allegations, evidence,
and arguments; and as this whole matter
is managed through the agency of counsel,
the right OF counsel Is, in fact, the right Of
their clients to he heard. Still this right
is not without linn iaion and qualification
A | org lnizei bodles mist OF necessity
have established rules and m des of pro-
ceeding IN the transaction Of the business
before them. To these counsel must CON
form. The presiding Judge being charged
with the maintenance of good order. and
with the proper despatch of business, he,
like all other presiding officers, is to be
treated with respect and decorum in all
proceedings before him. The rules OF
law, as 10 the kinds of evidence and man
ner of bringing it before the court or jnfy,
IN st also be observed. These limitations
and qualifications being satisfied, in al!
other respects counsel my conduct their
causes according 10 their own discretion,
for the good of their clients. As to the
sIrt of evidence, (t being competent bv
the rules of law and its quantity, the
length of time occupied in the argument,
whether to the court or jury, and the num-
her and kind of arguments, all these are
matters Tor the sound discretion of counsel,
and they may and must decide upon them.
having in view nothing but the true int
rest of those whose agents and represent
atives they are. As to all these, strictly, |
the court has no right to interfere, even
by wav of advice or suggestion.
" Keeping these general principles in
mind, it NAV be well to consider some of
The ways IN which the rights of counsel
may be, perhaps sometimes are, violated.
"The Judges, being responsible for the
despatch of the business of their courts,
ana bound 10 give all parues a hearing in
their turn, and most OF our courts being
greatly pressed and overburdened with
causes, 1t is natural that the presiding
Judge should at all times feel anxious to
make progress with all reasonable speed
ia The matters before him. This feeling
he brings with him as he ascends the
bench IL the morning; it remains with
hun and does not leave him when he goes
TO mis- chambers at evening; i, NAV he
said to be the evl genius Of a Judge, which
hannls him IN his dreams. But if he do
moi conilne II to his own breast; If he sat.
fer 1t to break out in expressions of i,no,.
hence, or desire OF greater speed in the
despatch of busiess, he is guilty of viola.
ting the rights of counsel, and of those