The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1847-12-24
OTTAWA, ILLINOIS, FRIDAY, DECEMBER "a, 1s47

are never equal in talent, and consequently
play an unequal game at the tactics oflogo-
machy and il is not difficult TO predict the
decision of cause, when an experienced
and eloquent advocate is opposed by one Of
ordinary ability, more especially in our cir
cult courts, where the great mass Of business
is transacted. But suppose the advocates
TO be cqualEthe tendency of sophis,ical
course Of augmentation is to perplex the
jury, and to displace in the mind those ma
tural feelings of right and wrong, which
spontaneously arise on the condemnation
of the facts and the law, and to substitute
the ingenious, unnatural and spccious con-
illusions of the speaker; and as il is mpos-
sible TO entertain but small part of the
willy sophisms intended TO mislcad, retain
ing only the most imposing, and these ge-
nerally derived from the last speaker. a
verdict must now be rendered on false data,
having entirely merged their own concep-
tons Of justice in respect for the opinions
ofthosc, TO whom they still lallaciously look
for proper exposition of the principles Of
the law. So completely has the Juror lost
sight of his prior sense of justice, in his cf-
forts TO follow the counsel, that should the
latter inadvertently fail TO press the strong
points Of his cause, he feels himself at liber-
ty 10 disregard them, however material to a
richtiul decisions; and thus the cause is de-
cided, not on its merits, but upon the cx
parte pleadings Of the advocates. We have
spoken only ofthe sinister influence exerted
upon the minds Of the jury. II may be as
ked, Is the judge himself inaccessible to the
seductive power of eloqucnceg Surely. no
one who knows himself, or the laws which
govern the currents Of the human heart.
will fora moment deny, that all men are
warped in their Judgment by the touching
and striking appeals TO their sympathies or
TO their prejudices, which the as,ute law
yer perpetnally essays. 1t was not the
righteousness Of Patrick IIcury's cause,
when he plead against the Parsons, that
caused the judges to fly from the bench.
and sat the house of Burgesses in tears
for these sublime effects of his electrical
voice had been produced before the mind
had time TO digest the logical propositions Of
a dcmonstrative argument. IT wasthe ir-
resistible force of that talismanic power. bv
which this man was able 10 transfer bis own
vivid conceptions TO the minds of his audi
tory, without the necessary Intervention Of
any forcible reasoning, and which impaired
the most complete success in his profession.
whenever there was a field for its operation.
All men possess this power in some degree.
and may nowadays enjoy very ds,in-
guished talents. which are employed in ad
vocatinc the cause Of injustice, or in SOW :
ing the seeds of dscord between social
brethren.
If, then, both the judge and jury are suS-
ccptble TO the Transforming influence Of
eloquence and specious augmentation
with what consistency can man be intro
duccd into the sacred deliberations of a
court Of justice, who will use these agents.
with the protested intention TO advance the
interests of one party TO the prejudice Of the
other: To whatever extent the court Weld
to this pcrhciuus influence. it so far swerves
from justice and contravenes the objects Of
It's creation. If our courts need iuriscon-
suits. let them be men disinterc Stcd and i'm
partial, well qualified to expound the law,
and sustained by the government. Such
men hlight be valuable auxianes in intri-
cate cases, while they would have no rca-
son TO misapply a clear and unequiyocal
statute. We believe our Judges should
themselves understand the laws, and be
able TO apply them without foreign aid. II
should be their special business to protect
the jury from impertinent and irrelevant
matter, as well as from everything likely to
effect bias in their iudgment-to have ev.
cry cause placed on its true merits. and de-
cided by its own proper rule. This is in.
deed their.duy ut present. but it is ina great
measure transferred TO the advocates of the
parties. who use the mons,rous privilege To
pour into the mind the iaundicc Of their own
selfish views and designs. The Athenians
acted with wisdom in avoiding this source
of fraud and injustice in their judicial inves-
legations. With them 10 advocacy of eau.
Sos was permitted. lest the Judges should
be biassed in their decisions thereby and
il is asserted they held their more inpor-
tant trials by night, in order to avoid the
influence of sympathy, which the counte.
nance or manners alone may engender in
the mind. Yet so celebrated was the court
of Areopagus for the equity of its decisions
that the neighboring nations often sent thi.
thcr their hardest causes for adjudication
! 1t Rome, n severe statute was enacted Il
rcpress the mercenary patron, who sat him.
selfup TO sell legal opinions, and for time
the iniquitous custom was suppressed; bu
the cupidity of her citizens prevailed over
feeble and ill-sustained sense Of jus tice. ant
this nation was subsequently cursed will
the evil we complain>of. Yet it mus, b,
admitted TO have had its rise in the govern,
ment, and 10 have been the result of ar
impractcable scheme TO relublicanize Iii,
people, and proven, the growth of an odiou,
aristocracy. Ii was the custom TO appoin
form the patrician orders for every plcbc
ian patron, whose duty il was to superin
tend the interests Of his client, in court n.
well rs out Of it. Ii was thought that thi.
law would establish more firmly the poli,i
co-social bond, and cement the two CRANE
orders of the state, thereby preventing III,
Fictitious distinction which pride aud opu
lcncc ever mark ont for themselves. Til.
scheme was laudable; yet while il provet
inadequate 10 the design, il had the effect Il
cngendcr an aristocmcy far more inurou.
in n civil or moral point of view. than tha
intended 10 be forcstallcd or corrected. Tn,
English borrowed the legal profession from
the Roman, and we borrowed il from them
and thus al institution, springing from ;
misdirected Roman statute, and iUstercd h,
avarice and ambition, has been iois,cd il
upon us, 10 shed its balcful influence upo,
and mar the purity of the mos, sacred coun
ellis OF the government. II is contendcd
tina, as the Judge cannot DO well.informct
in every case of nice discrimination tha
may fall within his Jurisdiction, he require,