Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-09-28


ings which furnish motives and suggestions appeal
ing to the will against the decisions of the under
standing He cannot hope for complete success I'M
less his own mental and moral perceptions are Clear
distinct and accurate. 1t is not enough to be able
to theorize fuently and pausbly and even correctly
on the beauty and excellence of virtue but to exert
his full influence, he must not only speak from his
heart but his habitual practice should constitute
ssproof as strong as Holy Writ" that his judgment
his affections and his sympathes enlisted in be-
half of right and justice. His own bright example
should be living commentary on the beauty ana
loneliness of virtue. To such lawyer the judge on
the bench, the iuryman in the box, and the people
in their primary assemblies open their hearts and
listen with conhding attention. When such an one
has gained the assent of the understanding, and seeks
the sanction of the WILL prejudice passion and crime
shrink from the contest whilst conscience throws off
her shachles and responds to the gentle persuasions
of his eloquence, and right and justice become tri-
umphant
1t is essential to the peace and happiness of soce
ty that its members should be impressed with an
abiding confidence that the law affords sure and
certain protection to their rights against violation or
INVASION 1t is this sentiment which gives energy to
enterprise vigor and cheerfulness to industry and
life and elasticity to patriotism The legal profess
sion is mainly responsible for the maintenance and
perpetuation of this sentiment 1t is difficult to es-
innate the extent of this influence exerted by the
lawyer and judge on the popular mind. 1t is indi-
Gated however, in the confidence with which the
citizen who considers himself aggrieved appeals to
the judicial tribunals of his country and in the cheer
fllness with which he submits to their adudcations.
The sacred honor of every lawyer whip compartments
and appreciates the true dignity and responsibility of
his profession is freely pledged for the preservation
of this sentiment.
Every community is under the government of two
distinct codes of aWS-the written and the other
unwrtten-the based on legislation and the 9TH
resting on public sentiment The unwritten laws
prescribe the rules Of social government and regulate
the standard of morality. Much of the happiness
of every society depends upon the tone of moral
tiDoop Jrhi oHr foH Hart
an influence on the popular mind but the lawyers
brought so Immediately and so constantly into con-
tact with the masses, that his influence is peculiarly
strong. He operates upon public sentiment, not only
by the inherent power of superior inferior mind
and by the opinions which he utters in the of
his profession, but his example carries with it
and potent weight. If he is loose and irregular
in his mOrality-f he INDUCES in giving utterance
to sentiments of infidelity or impicty-if he makes
virtue the object of his rdicu1e and SCOTS at moral
ity as pharsaical hypocrisy-he diffuses around him
an influence which poisons public sentiment and
gives countenance and encouragement to vice and
crime On the other hand, if his legal discussions
pervaded and characterized by sentiments of pure
morality, and his private intercourse and department
reflect similar devotion to TRUTH candor and virtue,
he contributes powerfully to elevate the tone of the
popular mind, to purify the standard of popular NOR
ais, and to promote the quiet good order and happi-
of society. These the legitimate influences
of combination of enlightened mind and sound
morality How responsible the trust which the law
yer undertakes TO execute! He to be the
protector of the rights which give value to freedom
and happiness to life-to be the guardian of Inno-
cence and the advocate of Justice If his practice
conforms to his profession he becomes the herald of
Eirtne and the missionary of Morality. His pathway
in life is Illuminated by the light which radates from
his own bright intellect whilst the emanations from
his example are pillar Of fire for the guidance of
the steps of others.
The influence of the lawyer rises in dignity and
grows in weight and extent, when he is promoted
from the bar to the bench. In view of its honors,
he has then reached his topmost round the ladder
of professional elevation. TO the man who is amb-
tous of legal disnctian the bench is the theatre in
which his professional fame may be contaminated
and perpetuatcd. The judge undertakes to illustrate
the excellence of the science of law by practical APP
pcaton of its principles to the attainment of Justice
One of'the main pillars of government rests upon
him, and to sustain the burden, he must have Allan
team shoulders. The rights of life, liberty reputa-
ton and property committed to his guardianship
and his adjudications final To him is entrusted
the exposition and preservation of the fundamental
aw-the constitution, to which all legislation must
conform. Whilst the law invests him with powers,
in many respects supreme, he is to great extent
exempt from responsibility for their abuse. In the
exercise of his official authority, the judge is
sarily entrusted with large discretion. No greater
calamity could be visited on any community than to
have the administration of the law committed to a /
weak, wicked tyrancal corrupt judge Consid-
erng the extent of his powers his exemption from
and the pronenesS of power to abuse
it is remarkable that history records few instances
of judicial dereliction and depravity 1t abouns in
ustrious examples of ability, purity and learning
the benches of all civilized nations but it is sell
dom that the profession has been disgraced by the
tyranny corruption of its presiding officers This
fact constituting in itself the highest euogy on the
may be mainly attributed to the influence
exerted by the bar in the promotions to the bench
and in the restraint imposed upon judicial conduat
through the power of public sentiment There was
profound wisdom in the remark of one of the fathers
Of the Republic, Franklin believe, that the Judges
ought to be elected by the lawyers It's wisdom is
Illustrated in the well known fact that wherever the
appointing power is lodged its exercise is materially
controlled by the legal profession. But public
tment furnishes far efficient guaranty against
judicial dercctions, than strikes the view at first
blush In regard to the official demeanor of the |
Judge public sentiment derives its first and most eff
ective impulse from the bar. AS class, lawyers |
are senstvely jealous to the maintenance of the
purity of the judicial erine, and vigilent in detect
the first blot that stains its integrity Their
professional reputation is identified with the official
bearing of the judge, and hence they promptly claim
The right, and boldly exercise it. of critcising his
errors, rebuking his delinquences, and denouncing
mis- corruptions. The popular mind responds appro-
Tingly to the impulse thus given by the bar, and
public sentiment prOnOunceS Judgment which ju- |
1icial power cannot resist.
Whilst lis the first and most important duty of |
the judge to administer the law according to right
and justice in all Individual controversies there
Incidental influences attached to his station of too
much consequence to be overlooked. His official |
acts clothed with the sanction of authority and
On that account well from their consonance to
Justice, they command respect and approval. But
he habtual Difference paid to the official opinions of