The Placer herald., 1856-03-29
From the S. F. Sunday Times.
Lawyers.

The legal fraternity appears to be chosen
mark at which unthnking scrbblers direct
the shafts of their wit, and it is not to be
denied that the course of some of the mem
bers in this country has been such as to war
rant the attack. But in this, as in every
thing else, proper discrimination should be
made; there ought not to be promiscuous
condemnation: but the blame should rest on
the individuals guilty of unprofessiona and
pettifogging conduct The moment lawyer
has been admitted to the Bar, he makes a
public declaration of the fact so that parties
having need of the information he has ac-
quired, may have recourse to his assistance,
either in the prosecution of what they may
esteem their just rights, or for any other
motive allowed by law. If the laws are so
framed that the guilty frequently escape, the
fault lies not with the attorney for having
avaied himself of the opportunity to clear
his client, but attaches solely to the trainers
of the unwise statute hence the necessity Of
electng capable as well as honest men to
legislate for the public welfare. 1t is no
great mark of superior intelligence, or legal
profundity to triumphantly conduct a strong
case, which the mere revelation of facts will
substantiate; but the superiority of the coun-
sel his more extensive knowledge; his forensic
ability; his legal acumen; his professional
presence of mind; his logical and perceptive
faculties are all exercised and brought out
when the reverse is the case, or when he is
compelled to battle against popular prejudice.
OF what use are mans talents, or learning,
if he hide them in a napkin? And to under
take none but cases OF selfevident justice
would in effect, be burying the nobest at
tributes A lawyer, like physician, depends
on his reputation for skill; and as his reputa-
ton is his capital, he naturally adopts the
most certain and lucrative mode of bringing
it into the market of mind. If lawyer
defends robber, murderer, or other crim-
nal, knowing him to be such, it by no means
implies that he is guilty of the slightest moral
turpitude He may entertain as deep a dis
gust, as through a loathng for the crime, as
any other member of society; and being a
member of society, he is perfectly aware,
that if in the exercise Of his professional aid
he succeeds in freeing the criminal from pun
shment, he himself is quite as likely to be-
come the object of that criminals future
ravages as any one else His private senti-
ments, his personal prejudices, his social
feelings, are all left at home in such a case;
they enter not into his professional calling;
his legal knowledge and his intelligence
alone are enlisted, and constitute the capital
on which he draws. 1t is then as foolish as
it is unjust to decry lawyers, as bad, or dan
gerous members of the community because
they are ready to furnish their professional
services to the depraved when wanted. They
can no more refuse, and be true to their aflir
nations, than could physician when called
on to visit patient afflicted with some in
fectious diseases. Besides, it by no means
follows that because lawyer undertakes {
defence, he must be informed Of the actua
guilt or innocence Of his client. He has NJ
compulsory means of extorting confession
and is obliged to be satisfied with that volun
tariy furnished him by his client, and we
venture to assert, that in ninety cases out o
hundred, the counsel is not only ignoran
Of the real guilt of his client but actually
believes him ignorant until convicted by th'
weight of incontrovertble testimony adduceC
during the trial In this connection, we have
been much amused at the puerile threats o
an evening paper in relation to lawyers
This Cerberus of the press, who seems t.
think that all nature must trembe at hi
barkings, in speaking Of the statutory abor