The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-11

took place in the Supreme Court on Wednesday
last, in the argument of the Lowber case was of
80 ediying and suggestive character that we
cannot forbear noticing it. 1t furnished the
spectacle of two high legal functionaries an
ex Judge of one OF our highest courts, and the
other the Counsel to the Corporation, bandying
personalities with the vigor ard uuct.on hitherto
deemed peculiar to the Five Points and Washing
ton Market. Where these gentlemen could have
culled the flowers Of rhetoric which they used on
this occasion is a subject of surprise TO everyone
None Of the schools of law that We are aware Of
has any special department for the cultivation of
this braIch of forensic eloquence.
Whatever may be the latitude Of language per-
mitted by our courts to a counsel arguing the
case Of bis client, we cannot for moment admit
that it will justify the expressions used by Judye
Whiting in reference to the concuc, of the city
authorities in regard to THE claim. He broadly
charged the Mayor Common Council and
Corporation attorney With having conspred
to cheat the people of New York out OF
allegations which mean nothing, but which are
not tie less offensive for all that; and coming
from an eminent lawyer like Judge Whiting,
they are especially deserving Of apprehension.
Bat The burst of recriminat!on to which this
charge provoked was certainly such as has
court. Mr.. Busted, the Corporation Counsel,
who has never, at any time, been remarkable for
command over his temper, was thro Sn into a
perfect frenzy Of rage BY it, and retorted on his
opponent that "he had grown gray in filth and
slime that he was "a man whose glory was
his shame that abe was brieiess lawyer,
disappointed in his political ambition that
che had made use of the vilest falsehood that
had ever escaped from O loathsome mouth
&C., &c, &c.
Now, this is very melancholy. On reading
it, we are led to ask ourselves to what depth of
social degradation are we fallen when men who,
from their education should be gentlemen, and
whose profession gives them title to the
distinction, venture to use in public Ian.
guage which the bully and the prize
fighter would scarcely dare to employ?
Still mere are we astonished that there should be
found Judges to sit by and tolerate the use of
such personalities. Before no other tribunal in
the world would II be possible for counsel to 30
far forget Themselves without mourning indig-
nant cersure and punishment from tho bonsh-
Tor we presume the laws everywhere give Judges
the power of ensuring respect for the majesty of
the interests they represent.
The Truth is that the fault lies more in our
legal system than in the men who administer ii.
Before our judiciary was made elective such
scenes as these rarely If ever occurred. The old
system ensured the choice of higher class of in
tellect and OF manners in our legal functionaries
than can be secured under the present one. The
fear Of wouDding some political interest or of
offending some political partizan would now
seem to be paramount to the dignity of the law
and the respect Cue to It's administration Whilst
such state Of things continues we must be re-
signed to see our courts converted into bear gar
dens, and our Judges into bottle-holdeTs for pro-
fefsionai bullies.