The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1847-12-24

n victory for his client regardless Of con-
fleeing interests. 1t is farther TO be obscr-
we'd, that the material facts in the case are
all that is necessary for the court to know,
the law arising upon these facts being Of
clear and easy application, all else is specu-
lative and irrelevant, and only tends to en-
barrass the mind. If juries are incapable
of approaching plain facts, and applying
thereon plain statutes, IN vain shall we ex
pect them to apprehcnd the ingenious, So
phistical,a land absiruse circumlocution ofpar-
tial commentators, and still more remote
must be the hope of attaining the desiderata
oIevery legal investigation, u a true and righ-
teous vcrdict.) What then becomes ofthe
boasted palladium Of English and American
liberties? But it is slanderupon American
jurics, that they are incapable of deciding
justly upon the merits OF the cause, until
they have been compelled to listen TO a long
harangue, and this often the most tedious
and fulsomc; vain repetition Of testimo-
ny, or wanton abuse of some honest citi-
zen, whose character stands in the way of
nefarious designs. A cause is safer in
their hands hundred fold without the COM
ments Of interested advocates, than with
the peIplcXing tergiveisations of their spu-
rous wranalngs and deprived of those,
there would be hundred fold less of dis
satisfaction with decisions at law than at
present, taking no account Of the enormous
ices and ruinous expenses incident to the
plaincst suits Under the present system,
the juror feels that the responsibility of ex-
aiming the witness is so entirely transfer
red TO the counsel, that he but seldom asks
a nm nd
state Of stupid, Indifference during the incest
cross-cxamination. Let him be sensible of
his obligations, and he would ask questions
better calculated to satisfy his mind, than
any that could be propounded by another.
lie would be aroused TO Just sense of his
constitutional powers, and better qualified
10 discharge his duty. II is the want of re.
Sponsibility that induces the present state of
supineness on the part of the citizen Juror
He sees the most profound iurists Of the
country differ widely in their construction
of the simplest laws that he can transact
no business OF legal nature without Them.
and that there is always one or more at hand
to expound the legal doctrine of whatcver
cause he may be called upon TO arbitra,e.
He thus settles down into the most complete
ignorance of the law, and bends his cner.
gics 10 the acquisition of means for the sup
port of those who think for him.
II Europe was once priest ridden by the
Catholic clergy, America may now be said
to he IN the same state of vassalage TO the
legal profession. The labor of thought and
inquiry is in great measure removed from
the common people, while full 1.-THE of their
substance Is abstlac'ed 10 feed the voracious
maws Of these hungry disputants. But a
graver consideration may here arise, touch
ing the political as well rs legal vassalaCe
of the nation. The legal profession, by a
very natural tendency, absoibs all political
Office aud emolumcut. The habit of public
discussion, and the transaction Of public bu-
sinesS, give to the professional iurist a facil-
ny and confidence, which too many good
natured folks regard rs the highest qualifi-
cations for confidential trusts: and he stapd,
out The most prominent man for whatever
lucrative or honorable statiOnm may be thought
worthy OF his talents. His boldness prompts
him TO prctcnSlon. while the modesty of the
private citizen opposes no obstacle to his
ambition, and he soon finds selfinstalled
IN place, which, had virtue and ,ru, meri,
alone been consulted, might have been pos
sessed by some less assuming aspiran,.
thus 1t Is, that all our public offices are I'LL
cd with this class OF our citizens. and all the
emoluments OF the government are in their
hands. We do not use this as an argument,
"ad hominem"-ior virtue is not necessari-
ly excluded from the profession. We wish
only to show the political surveillance tina,
this class exercises over the people ut large.
the Interior consequences of which il is dis
agreeable 10 predict. Nor would we wish
to make an inyidious distinction, in moral
point OF view, between the two classes of our
citizens; yet 1t Is but justice to remark. that
the influence which long and confirmed bab-
It's oil prevarcaiion and artifice naturally ex.
er' upon the mind. renders the professional
lawyerless verify public confidence than
the PLAIN and uncontaminated private citi-
zen. 1.-THE former occupies the halls of leg.
islaion aud the public councils of the nation
with long and well.digested harangues. thai
tickle the car or challenge the admiratio,
of some young Pericles, tits often at the ex
pense of sound sense and judgment. calcula
ted TO engender false taste FOR the light an,
frivolous, and disparage the simple Roman
manners ola republican people. Again, III,
almos, inevitable promotion that follows il
the wake of the legal profession, is calculn
ted TO paralyzc the energies Of the non.pro
iesSional classes, and prev cnt that acouain
lance with political science, which woul,
result from different system, and which i
is the interest and policy of every good gov
eminent TO foster in its citizens, as the sures
guaranty oiperpctuity. II forces all the am
bilious young men Of our country into IN,
legal profession, not Gas it should hey witt
the view TO benefit the country, or aid in IN,
due administration of the laws. but with the
intention Of making it stepping stone t,
Office and TO distinction. Many enter tn,
bureau of some veteran practitioner, an,
read n few months in hopes to acquire tn,
credit for legal knowledge sufficient TO re-
commend them TO the favorable ccnsidcra
ton of the public, while others essay tn,
profession until they are made sensible of
want OF talents to ensure success al game
where thousands of adrot gamesters ar,
playing. when they withdraw. aud holt
themselves. MS they are generally held. quail
lied candidates for any political station tina
may be created, or vacated by death. reno
val or resignation. The consequence is
that the legal profession is with us great,
redundant, and Sordid competition is con,
stantly kept up Mt the expense of the com.
mnnlty. But TO return; we do not great,
err in regarding our trials ut law. in connec.
ton with the grand objects for which the,
were instituted. rs tho most splendid farce