New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-18

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justice to which their lives devoted.
Upon the subject u isga! education shan have N.
assent Of every candid member of the Profession; r.
the conviction is ncsriy universal that we are in D..
respec: deporably deficient and that both the CONNIE
nifty and ourselves losers by il TO an extent ya-,
can scarcely be measured The courts are anDoyeJ
ard msled, liig alton is fostered, the community =
distracted, by uDdscipl ned and Ignorant persoos
bearing the name Of lawyers who crowd the ayeupos
TO The tribunals. Ii | were asked what subject more
than any other ought 70 engage he attention Of he
Profession, / should answer legal education.
The necessity Of high degre OF education s apps
rent on the slightest consideration Of the nature a,S
object of law OF the office OF lawyer, and the knoy
edge necessary to It's exercise The law Is the rule q
action for the great propo ton OF the Affairs Of life. It
defines the rights and duties Of men, and prescdbss
IN, means OF enforcing them; ITS object IS 10 secure 70
each bis own; in short lite aim Is justice. Now, jas-
tice the great end Of EVIL society. IT'S ior tbs hat
we have our great establishments in the eyl aud mill
tary sery e. our elections, our Legslasros our mag
is,racy. our foreign legations These are ell means
10 an .nd the protection Of the Individual IN ,Aa e.
iOy1uent OF his legal rights.
saw as a general rule; for in particular instances
msy doubtless be administered without tAelr inter-
vention but IN the main part they are esset-al 10 u
Tie science Of the law IS so vast IN is extent hat t
alone can master it who make II their principal study.
Only few men, SET apart for that parucu AZ calling
and devotng TO il the best part OF their lives, can
learn or apply all the rules which govern s legal re-
lafions OF men with each other. These rules are q
mutfarious and complex as are all the relations OF al
tbe transactions of tie human race. They must be
learned before they can be applied tholr apph anoa
il the administration OF justice. Thus II happens that
the prcesson OF the law as necessary as Jusiiceh
self coeva will tie constitution OF cNihLed soseA
and il >, parabe from existence. q
What society needs is body 81 men yersed IN the
laws; not body of unettered persons, c3ing loem-
se, % lawyers skilled only IN the routine OF serve
ner's Office 4 lawyer without knowledge OF uhe Jaw
is an impceture. To he really such is 70 Know t9e
law in ali its departments in its divisions almost with
ont limit and IN CONGRATULATIONS; and mus 10 Know
H. he must have stu ll.dit as science long ana wen;
he must have surveyed its plaU, measured It's proper
tiops aad examined s details; he must nave comple-
hended the greatness OF the whole, the harmony Its
parts and the infinite diversity of lie part. 'uafs.
Nor is his ALL nor the hall OF what Il required
of him. hen he has learned from Lectures ana books
tie rules Of law, he has still two dhieut mental pro-
ceases 10 perornl-Ono deduce particular rues from
general for newy evolved relations ana he ouer 20
apply an established general rule to meet new phases
OF facts constantly sng, as various, ana yet as hke,
"a tLe human eouienance itself These processes ne
oue the exercise OF reason OF reason thoroughly IN
suucted trained to the carrying on OF complex opeT.
atoms able TO trace aaaogies, detect mOuNes' anu
separate false conclusions from the true
! Surprising The lawyer TO have aeIuI"I suon
knowledge of the law have deserlbed' snd to
have become master of severe logic eue 10 ia, sA'
ton he has still acquire an art winch mas ever been
esteemed most difficult of acquisti0u-the art OF
graceful and persuasive dicton. Without It me pro-
founJest scholar and the closest ogclan VIII tau OF
that complete at which the true lawyer should
ann II he were To contine himself to consultations in
bis chambers he mg forego IT. II his discourse were
to be made only to the courts, dry reasoning might
avail him. but he ID also TO persuade ures, "hich are
to great de- rec, popular bodies, subject 10 popular
! influences ami always liable to be swayed by
an eloquent address. l hardly know Of place
/ where eoQuence is more likely to be felt than
in The iury-box, after the excitement Oh close ea
amin alton aud examination OF witnesses, and N
care which appeals to both the passions and the ad
mont The gravity of the occasion, the magnitude Of
the interests at stake, the keenness OF ,he contest the
solemnity imposed by the presence OF me Judge an
com oine make the scene Impressive, and 10 ad IN
terest and force to the reasoning and appeals OF me
advocate. Ii IS such an occason when the nature
! OF the question has obliged him TO draw upon Gil MS
ores of knowledge to task TO the utmost ms powers
of logic and 10 exert every of persuasion which
the art OF the rhetorician supply that the true
lawyer approaches the ideal which exists IN his lagn-
alton II is this IDEAL that would set before the eye
of every student at law; the image of whose dbl
pcuce has cOmpassed the learning required for his pro-
fesson who has disciplined his mind to exact thought
and vigorous logic aid who writes ana speaks us mo-
tive language, forcibly, correctly, gracefully
How ia this ideal TO be approached Not by such
| study snd preparation common with us. Per.
sons are admitted TO practice alter year or two passed
in lawyers office, where II they receive instruction,
it by chance and if they read 1t IL amid frequent n-
terruptiou No preliminary training rec ulred before
a student enters Office and when he leaves 1t he 10
subjected TO examination, which lasts perhaps two
or three hours divided between himself aud others,
and which for all useful purposes might es well be
omitted Introduced into the law with ths imperfect
preparation, wha, happens Either that he makes up
tins early deficiency by studies pursued amid the dis
fractions of bushes The discOuragements OF srug-
gle ~ obtain IT, that he subsidies into that most
useless of all citizens, and might add, most hurtiu
of professional men, undisc pliOed, half-educated
lawyer the ira 1scrber OF legal formulas the promoter
of neig bbOrDg litigation the unsafe guide the hope
less hi got II is no 10 say that the present ar
rangement produces many eminent men; taey are
produced, not by il, but in spite Of II. But look
around and tell me what's the proportion Of instructed
! and accomplished men. Listen 10 the arguments
! presented 10 Courts, or the addresses spoken 70
lures and tell me how defective many of them are,
how wanting in scholarship, how poor in conception,
how faulty In execution. Or take another test, and
very Just one, of lawyer like training and skil-the
written leadiugs in an action; what DO they disclose
Of the lack of legal education Show Judge plead
ing aud it il rare but he tell from Il whether he
who drew it If lawyer in fact as well ~ in name II
il be clear concise statement Of the facts d the
claim or defense, forth with logical precision aud
order he has studied his profession to some purpose
if be confused redundant, without polot or logcai
method, he is pronounced uninstructed ana neon
petent.
What then, is the remedy Not by any new law
imposing additional restrictions upon admissions 70 the
bar for thst with is mpracti able even if il were
desirable II ls by raising the standard OF excellence
In tie mind of the profession, ard al the time,
EMERGING the means of education. Prepare the way
for the student to acquire that knowledge, mental
discipline and facility OF address, which make tho
consummate lawyer, and show him, at the same time,
that he beet chance Of competing with his fellows, and
winning the prizes OF his profession, is by following
the way thus prepared, and you will have reformed
the profession.
But you must supply the means as well os the ~
eentiye for this comprehensive legal education. There
isno road to knowledge aud discipline but through
training, instruction and study. You must have m
sruclOrs and The accessories 10 instruction. Libraries,
examples and competition. There is knowledge 10 be
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