The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1855-06-15
LEGAL ETHICS.


find in the Caroiulan, and judge them 10 be
from the pen Of DIR. Lieber, at any rate, they
are worthy Of such an authorship:
Afessrs. Editors: The subject Of legal
ethics has at all times received attention. or
late bevcral works Of value have been pub
Ishcd on II, and in many others Il has been
touched upon incidentally, indeed, but with
cnndor md ncumen. Your paper Of last Fri
day contnins short article, the very heading
of which nttrncts at once the attention Of
every one who hns occupied himself with this
important brunch Of morals. The words
which head the article nre: Lawyers SPEECH.
es not SANDERS" Are they, indeed, not p
Can they amount to slander in no casel The
whole Of the article runs thns:--
"Lapvers' Speeches not Standers--It was
recently decided in Milwaukee Court, by
Judge larrabee, that sAwyer is not liable
for nm action Of slandlheyS y y ssrswords spoken in
arguing case before 4 jsxfy OF court. The
decision was given ia tku case Of John Jrn
nings Us. james II. Payne, an action on the
case for slandrr, where the defendant had said
that plaintiff "came into court with black per-
jury on his soul" The Judge decided that
Though the allegations we're both false und
malicious, The defendants privilege as coun.
sci protected him."
It is impossible to Judge, from so brief
statement, whether the decision Of Judge
Larrabce was correct or not, but thus much
is certain, that il the charge Of @blnck perju-
ry' was "false and malicious" the Judge who
presided ut the trial when Mr.. Payne altered
It, acted undutiiully and 'unworihly II he
permitted the words To pass without hlstant
official reproof, and without calling thu lnw.
yer buck to his legitimate path. The Judge
acted legally wrong, and practically unwise.
The Judge, in our Anglican trial, Is the
| organ of the law and the moderator Of the
| trial. He is the protector of all elements
pertaining to the trial. He is the protector
| Of the law, Of the jury, Of the defendant, Of
the prisoner, OF the prosecutor, Of the ndvo.
cate, of tho witnesses, and Of the record or
clerk. 1t ia in this aspect that the exalted
character which the Romans attributed to
their judge, when they called him Juder
sdcrosanc-iissinnus. belongs pre.eminpntIy to
our judge-the judge OF the English law.
| II the judge, however, must protect all Of
these, il is obvious that he can assign ire.
| sponsibility to neither. Irresponsibility Is the
negntion of law, and is the lawyer of all per-
sons the one that stands beyond the pale OF
law The advocate has not the privilege of
-saying all he chooses. He cnnnot vilify the
law itself he cannot mistake the law he
cannot wrongly quote authorities; he can.
not mlsstate .,.cts us they have appeared on
trial, without being stopped short by the
Judge. And why should he huve the right
to msstnte facts III to the character of the
witness or his acts in courtl
Tie general truth, in law and social inter.
course, that the greatest degradation lies in
irresponsibillty, would nppIy I" the advocate
Idiots, infants, are irresponsible. A slave
woman is, as to public opinion, irresponsible
In matters Of chastity, and she is degraded
accordingly. But tbe,whole community, ouI
body polite, is deef Interested IN the high
standing and proper Protection of the ndvo
cate. We cannot afford seeing him degraded
In all free and institutional countries the nd
vocate has occupied u high position; he ha,
done 50 in no despotic country, and in ne
democratic absolutism. The standing of tn,
advocate is one Of the gauges of liberty; bu
make the advocate irresponsible-take fron
him the common privilege of all moral beings
that of being respOnsble-and you degrad,
him. One OF two things must necessaril.
follow SO soon as IL is broadly proclaimed
that the lawyer may say anything and every
thing without being amenable to the law, AM
without any Profession being granted to III,
person deeply injured by him. Either tn
words OF the lawyer lose all Significance an,
value. SO that his speech must miss its yer,
object, or else tho injured party will righ
himself, (ns is always the case when the Law
denies remedy for substantial njury,) AM
knock the offender down when he leaves tn
court. Who can imngine that an unpunshe,
aud untrue charge Of "back perjury" vii
float about as an innocent gossaincr in tn
atmosphere Of society, and not work as
fostering poison, some time or other bringing
mischief to head?
The character of the gentleman is sub
ject Of vital importance in legal ethics; bu
the length Of these purely occasional remark
precludes an examination Of Mr.. Payne
conduct with reference to this particular, and
as no faabt it would prove in his case. YER
cU..ing test. F.
The SAC NIcHTs.--The Louisville Journal