New-York daily tribune., 1856-08-06

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prescribed and rigidly adhered to. Previous
Boards Of Examiners have to our knowiedse en-
tertsined the sane desire, which is shared, We be-
lieve by al acquainted with the facts in both the
profession aid the public.
Before the adoption Of the Constitution OF lo'o'
ten Jears' previous preparation was ireisp'na'le
to taking full standing at the Bsr-seven OF which
were to be passed in study and three in attorney
work The new Constitution says that amy male
citizen, twenty -one years Of age and OF good
moral charater, who Possesses the requisite
qualifications of learning and ability, shall
be entitled 10 admission TO practice IN
AL the Courts of this State. This pro-
vision was naturally interpreted as implying
the need Of al examination, as the best means
Of de cdipg the qualifications Of an applicant and
thus the question Of the propriey OF any e1amina-
ton at sr go much vexed, Of late 10 England, wal
virtually clossd. The character of this examina'
ton, the meabs Of discovering whether the c,ndi-
date possesssd the requisite qualifications and the
standard BY which he Oh uld be tried, were mat
ters left wholly in the discretion Of the judges.
They discharged this trust, by putting il into the
hands Of Board OF Examiners, chos. afresh each
quarter fIom tae profession. By thi, constant
charge. admission to practice was made TO depend
upon the individual character Of those selected for
the particular occasion, tee state Of thsr minds
al d ttmpeIs, perhaps even OF their stom'ch', at
Il e time. SOop, tie examiners themselves hit on
on Ingenious plan Of removing this inequality.
10 sha D., l,,,,. hN
failed TO answer h,lf Of set Of ies.ions, usually
So simpe that almost any whole -w.ted man OF
busiless could readily give the proper reply, while
quick youth .ud cram himself for the ordeal in
a week. "a basty perus, of Kent's Commen'
";aries and TIE Code Of Procedure, in the
words of the report, soon came 10 constitute
the legal lore with which yOung men
must preseI. Themselves. The examination thus
becomes farce. The very men who made the
report On which We sre rensrkDg felt the force OF
custom 30 strongly SO to admit the whole class,
while protesting against their general unftness.
Ntw if the profession Of the law ia tO hold any
rank, a. professon, in this Satr-f it is to have
the connection with education aud liberal culture
which il enjoys in other parts Of the country-some
ST. ps must be taken in the direction pointed out
We have enough sources of rdicule aud shame 10
the administration of justice among US, without
submitting to quarterly spectacle of this char
scter
five might be allowed to make one further sug
gestion to the assembled representatives. of Justice,
it would be that they should adopt the system
which has been recently, and after much delibera-
ticD, taken Up in England, and which by all ac-
cunts works well there. Toe lis of topics, and
in most instances leading case or tgo, Illustrative
Of each, are made known beforeh md, ard
thorough exsmiuation is directed to these
points alone. This System has several ad-
vshtsges over any other with which we are ac
qualrted, some Of which it may be worth while to
specify. 1t does not cOultenance, but tacitly re-
buker, the obsutd suppositon Oa which legal
examinations, in this country at least have appar-
entity proceeded-viz. that well-qusli6ed student
Should be posted in every department, OF the law,
and that few hours questioning is sure to dis
cover the amount Of his knowledge Of a science
which it takes d lifetime to master, and If his
ability TO apply that science in practice, where it
is coLveisant with subjects he multifsrious as life
itself. This system also gives good means Of dis
covering whe her The studen, po-s,s.es the requi-
-ite qualifications OF ability as well of learning.
" LeaihiIg aid ability" the Constitution has it;
but what test of ability has ever been applied
Yet il would seem that the legal ability ofa lawyer
must Re of prime importance and quite as useful
10 client as any amount Of learning that may be
cobW ebbtd in his brain.
Not only does the y stem Of which We are speak
it test the applicants ability by the way in which,
beth orally and in writing be disPees of cases aud
principles with which he has had pportunitY to
make himself thoroughly familiar, but it also in
wolves considerable degree Of knowledge upon
his part, as any one may zee from the published
let. The selected are seminal cases, and
the Textbooks, or parts OF Textbooks, rudi-
IN ntary, AZ often both lead into extensive rsnif-
cations On the other hand, the cardinal fact re-
mains tha. they are within the compass of the stu
6e:s power 20 master; and there is les, danger
of admitting and rejecting the wrong parties, than
by AL accidental selection of topics. As we have
ssd, this mode cf examination has been approved
by the frst Judicial talent Of Eogand. We are
unable TO zee why it may not be adapted TO this
country nor Why, if i: is judiciou'ly adapted the
examinations may not become respectable and
be made to mean something We hope that the
judges convened at Albany may not think this sub
iect unworthy of their very serious consideration.
TIE two Houses Of Parliament are at issue
about the Lie Peerage question. Aud this is
-. ha, dor