The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-25

The LAWYERS AND THE NEW CONSTITUTION
For length of time previous to the assembling Of
the late Constitutional Convention, the subject OF
judicial reform, and the expedency of breaking
down the barriers that surrounded the legal pro-
profession. was agitated and debated by the peo-
pie and press of this State. We believe that al
most every public journal participated in the dis
cussion, and the result was a general conviction
that reform was sadly needed in both
In accordance with this conviction, the agita-
ton Of the subject was renewed when the Con-
vention assembled, and after a deal of argument
and debate, certain reforms were incorporated in
the new constitution, which corrected, in some
degree, the abuses so long complained OF, but did
not completely eradicate them.
The monopoly of the legal profession was, how
ever, pretty efeaually broken down, and a field
opened for the admission of every male citizen,
of good moral character, possessing the requisite
qualifications of learning and ability. The Sec
ton is in the following Words
Any male citizen of the age of twenty.one years of
qualifications of learning and ability shall be entitled to
admission to practice in all the Courts of the State
1t is clear that the members of the Convention,
in passing this section, intended that any person
possessing the requisite qualifications OF learning
and ability, might Immediately apply for admis-
sion, in the same manner as he would apply in
case he possessed the qualifications that were
quired before the New Constitution was formed
Let us see what entitled person to apply Tor
admission under the old law. The rules on the
subject were framed by the Supreme Court, and
are as folows:-
No person shall be admitted to examination as an et
torney unless he shall have served regular clerksh
this court but if he has regularly pursued classical
studies for four years. shorter period after the
age Of fourteen 1t may be allowed in lieu Of equal
The evidence Of such classical studies shall be, lst
diploma comforting the degree of Bachelor Of Arts by
some incorporated college, certificate of the presi
dent of such college. I'd If neither can be produced
an affidavit of the teacher teachers with whom the
student has pursued his studies, stating the time spent
and the studies pursued with specification ofthe books
used or the teacher be absent from the country SO
that his affidavit cannot be obtained then the affidavit of
the student himself stating such death ABSENCE and
also the time spent with his teacher or teachers and the
person applying an order to allow classical studies
has no diploma nor certificate affidavit shall also
be Produced stating the qualifications Of the teacher
Time spsnt in classical study, without the aid Of
competent teacher time spent in those studies which
ordinary English education including English grammar,
arithmetic, and geography. will not be allowed.
the studies were pursued after the person applying at
tanned the age Of fourteen years The time Of cerkshp
will be calculated by the calendar year, and not by
terms.
Ii is apparent that the Convention had refer
ence to these old rules when they passed that Sec
ton, for their action was taken with the view of
abolishng all the i'm appointments which these rules
contain, and throwing open the profession to all
persons possessed of the requisite qualifications
oflearnng and ability, no matter whether they
submitted to the drudgery of a seven years impri-
sonment in lawyers office or not.
1t is characteristic Of the legal profession that to
suit their purpose they will endeavor to prove
black to be white, and white to be black, or any
other color and nine times out of ten succeed in
cheating the weak minded that it is so. They
have tried their luck at this section with
the same view, and we understand that
majority Of them in this State claim that
it is as difficult to get admitted into the
the profession now as it ever was, the new con-
sttution to the contrary Notwithstanding. They
chuckle over the manner in which they say the
people have been deceived. Chief Justice Bron-
son of the Supreme Court IN an opinion that he
recently gave on this subject, is of similar
opinion, and says that he reason for chang
ing the rules adopted by the court in reference to
the admission of lawyers. Alter referring to the
section in the new constitution, he says:--
This is precisely the same standard Of age charac-
ter, bearing and ability which this court has always
quired of applicants for admission as attorneys"
Now admitting the standard to be the same, is
that any reason why the court should travel be-
yond the constitution, and prescribe the manner
in which that standard shall be attained. Is it
not enough for an applicant to possess the requi-
site qualifications of learning and ability Must he
be prescribed in the manner of attaining them
The Supreme Court might, with as good reason,
insist that the term of apprenticeship should be
ten or fifteen years, as five; and thus virtually
debar the admission OF any more lawyers, and
confirm the very monopoly which the convention
sought to break down.
We hardly think that Chief Justice Bronson
will be sustained in this opinion. 1t is manfestly
opposed to the spirit and meaning of that section
of the new constitution which we have spoken
OF, and if carried out, would be palpable viola
ton OF it. We hope the question will be tested
at an early day.
SHIP BUILDING IN NEW YoRK-MoRE Nxw
PAcKRTs.-It is comparatively only few days
since we noticed the launching OF some half do
zen splendid packets-the Bavaria, iAdmiral,
n. -