Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-02-18
Z. AW We RS,

foulu among IHe Wtdltuy III Ibis country ou' WIN
the Judges on the bench, and the lawyers at the bar
To quote the authors precise language:
Tie more reflect upon what have witnessed
in the United States the more fully am | satisfied
that the lawyers the most pow erul class in the
community, and the only real coun;epoise 10 the
Influence OF the democracy. When the PEG
pie are under the influence of some temporary ex-
element or accidental delasion, the lawyers make
them lecl an almost invisible rein which checks
their fury and keeps them within bounds To tie
democratic instinct OF the mass they oppose their
arIstocratic tendencies; 10 It's love of innovation
their superstltious respect for antiquity its vast
designs their narrow views; 10 It's contempt Tor all
rule, their taste for forms; and to It's fiery ardor
their habits OF slow and Cautious action.
The courts OF justice the instruments thro'
which the legal profession exercises Its influence
upon the democracy in the most apparent wav. but
II also operates by eral other channels As the
lawyers are the Only class of educated men who are
not distTus,ed by the people, they are naturally
called upon to It'll most OF the places in the Legis-
lati'e and Executive departments of the govern
ment They consequently have a great share in
making and administering the laws They are of
ten obliged 10 give way to the torrent of public
opinion, but il is easy to see what they would do
ii they were set al liberty
The lawyers form in the United States power
noticed: which carries no flag of its own: which
yields tleNibly TO every passing eXgency, and fol-
lows without resistance the movement OF the body
pohuc; bnt which. nevertheless, surrounds and en-
braces that body in all lis neutrality-suspicious.
INTO all the classes that compose lt-works upon it
secretly, and finally gives It any shape which suits
Its own pleasure
These are the views Of an intelligent foreigner,
who, during brief sQjourn in this country, some
years since, endea,ored to make himself acquainted
with the character and workings Of American in
stjtu,ions,-ther tendencies and the leading intlu-
ences brought to bear upon them. The business OF
most OF his observations cannot but strike the read
er, whose mind has ever been engaged in a consid-
Grafton OF the subject suggested somewhat forcibly
while on the other hand important errors will also
he observed \ prominent mistake is that the lc,
gal profession forms the basis of the aristocracy cf
this country The members Of this protest. are
rather the agents. or, to use more appropriate
term the attorneys Of the aristocracy The arts
tocracy Is constituted by owners of accumulated
tceaih and chiefly by the moneyed men OF the great
commercial cities. They are generally persons ed
ucaed in the habits OF practical life and not very
capable Of pleading their own cause before the pub
lie. The lawyers undertake to do this for them
they occupy the foreground they iii the Legislative
halls and tue various departments of the govern
ment they talk and write upon all occasions in
season and out of season in short they take the re-
sponsibity and bear the unpopularity of keeping
W perpetual warfare upon tie democratic ten
Cencles that constantly in action, and in the end
generally carry all before them. The conspicuous
position which the lawyers hold in the forefront OF
The battle. gives them an imposing and formidable
aspect. In reality, however, they are merely pre-
sent in representative character, and would de-
claim as loudly and as long for democracy as they
now do against it, if they could be as veil paid for
their trouble" Here is the truth of the matter
well expressed; and 1t is no great SANDER against
the profession TO utter it, for il is natural and to be
expected that any class OF will carry into other
pursuits the genius and spirit of their calling or
avocarion 1t is only saying they are subject to a
common law Of human nature, In the language
OF a celebrated writer" The members of every
profession considered as such must in general cNhi-
! bit, on all occasions, their peculiar professional
character, The soIdeTWilI be frank and fearless in
/ the ball room as well as on tie field OF battle: the
mere politician shrewd and cunnng-as Cardinal
/ de helz was said 10 be-upon a question of tur-
nips aud cabbages and the attorney Will argue ca
ses at the dinner table or in Congress as naturally
as he does al tie bar
Another mistake Of tie author i, that tie con
sentative influence exercised by The ega! profession
upon the institutions Of the country is necessary
and hcaEliuI The rc.ersc Of tins we believe to
be the truth. There are in our institutions them.
sclt 'counerpose5' aud checks enough. end
taofe is not il our view, the slightest occasion for
all influence, particularly Of the Kind suggested, to
restrain tie democratic tendencies Of tic mass
These tendencies, under tie most ia, orabe crcum
stances for their de' eiopment and growth, will
generally be found sufficiently slow; and we should
be in favor not only Of keeping out Of the way TO
as great an extent as possible the drawback infu
ence of the legal profession bat in favor also of so
modifying our fundamental laws as to destroy the
checks to progress and re orm which they interpose
We would place Constitutions more Immediately
within reach o! the people SO that amendments in
accordance with an advancing popular sentiments
could be made with less difficulty and delay, and
we would remove every feature Of any and every
law, whether fundamental or statute. founded upon
distrust Of the people to govern Themselves and
designed to embarrass check the establishment
Of their will in and over every department Of the
government. And above all, we would strive to
impress upon the minds Of the mass the improperly
and danger OF permitting the important official sta