The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-22
The Decline OF the Bar.

Recent events have attracted more than usual
attention to the decline that is now growing
marked in the character and conduct of the New
York legal fraternity. For several consecutive
generations the bar of New York has been emil
nent not only in the State, but throughout the
whole country, the continent, and the world.
To be a leading American lawyer was passport
to excellent society in any part of Europe;
great lawyer here was the peer of the firtt intel
lects of France, England and Germany. 1t was
expected of him that he should possess an acute
and ingenious mind, polished wit, high sense of
honor and the manners of gentleman; and
that expectation was rarely disappointed.
| Samuel Warren, one of the leading lawyers of
England, and the very first of the lawyers at
convivial meeting, has been heard to say that he
| would rather have a first class American lawyer
| by his side in a stage coach or railway than
| the best conversationalist of England. The Anne
rican, he said, had more varied information,
and less prejudice, more geniality aud equal
fneness of feeling and nobility of spirit.
We are speaking of old times-the times of
Daniel Webster, Thomas j. Oakley, Thomas
Adds Emmett, Joseph Story John Wells, John
Wheaton, and such like luminaries of the bar
| or bench. Were Samuel Warren to make
the acquaintance of the leading New York
barristers of our day, he would be likely
to express very different opinion, or
civilty would close his mouth. He would
require to travel long distance among our
| lawyers before he found man whose noble
character and gentlemanly bearing aud swift in
tellect commanded his respect and admiration.
His type of the New York "leader" has ceased to
| exist.
We have respectable lawyers, certainly. They
| are staid, conservative old foges, who never do
anything improper, or rash; who walk down to
their offices at the same hour every morning, and
return with equal punctuality at night; who plead
steadily old cases about chests of tea or bills of
lading, in steady old way, and wont be hurried
by clients or judges; and who, when judgment has
been rendered in the fifth sixth year of the suit
collect it leisurely if they can, and present
steady old bill of costs to their aggravated client
These men require week to make up their minds
that two and two make four, and not three or
five; aud no power short of threat of instant
death would incline them to admit on the spot
that the earth revolves round the SUI. They
have constitutional aversion to be hurried in
any thing; they live slowly, aud tiresomely; when
they die, their deathbed scene cannot fail to be
prolonged lingering agony.
This is one variety of the New York lawyer of
the present day. The other variety of the species
is the modern fast lawyer. OF this type several
striking examples will present themselves to the
readers mind, and will be recognized at once.
The fast lawyer has no time to read or study
he acquires his law intuitively. He knows
that the Judges are too lazy to refer to
bis authorities though they make q pretence of
noting them down; so he quotes Smith IS, or
3 Brown 62l, or 29 Robinson So, to prove
anything which he happens to want proved.
His forte Is talking. He thinks if be can make
speech of three hours, he ought to be Chief Jus
tice. So he talks in wild diffusive way; quotes
Shakfpere, likewise Lord Byron; and says what
is uppermost In his mind. If he is closing, he
calmly alludes TO the fact that the witnesses
against him GALL persons OF undoubted character
ard rcspectability) are perjured rascals whom he
intends to send to the Penitentiary; that their
fathers were hanged, and their mothers led loose
lives; that their children make living by picking
pockets, and that the whole connection is blot
on the face Of the community. IL he is opening,
though he knows he has no evidence, he simply
refers TO his adversary as model ruliian. who
swests crime, and has committed vilanies which
surpass any on record either Ia the page of
history, or the volume of fiction When he is
loored he makes pun, or threatens to knock his
adversary down with his fIt A valuable
paper which may damage his case he
will not scruple to snatch at; nor will he ALLOW
vain prejudices Of honor to impede
skilful exercise Of trick to carry a particular
point Indeed, to sum up in few words
| the model lawyer Of the present day ia
York, is ignorant, empty headed and illogical
be viii abuse adversaries and witnesses like a
very drab; and the only indemnity be gives us
for his deficiency of forensic ability is display
of pettifogging skill and unprncipled dcxterity.
This is what with some few exceptions, the
New York lawyer has sunk to- II depends upon
the bar to say whether they will go lower STILL or
whether they shall be forced TO adopt some system
OF reform and education that may revive the old
standards of legal reputation, character, talents
courtesy and gcntlemanly manners.
Conc TO EuRoPE-The exodus Of men, wo-
men, children and dollars to Europe this season.
is without precedent For this month aud the
next all the steamers will make money. There
are about fourteen lines of steamers now crossing
the Atlantic, making the enormous number Of
$50 trips across the ocean in the course of the
year. or but little less than two steamers per day
Indeed regular daily line to Europe is nov con-
fdenily spoken Of
The habit of spending the summer months in
Europe is TO be commended the case of those
persons whose means can afford the luxury. Four
months in Europe, in the present day Of swift rail-