New-York daily tribune., 1857-04-25

70 legal counsel an action at law to recover their
fees il might be suggested that such was not only
the practice in ancient Rome, but that TO this
dsv an English barrister cannot sac for his fees,
ttev being considered not as salary or hire
but as quiddam honorarinm, mere gratuity
or acknowledgment of gratitude on the part
Of the client. 1t might also be added that the Co
lons Legislature Of Virginia and MASSACHUSETTS
usnt much further and actually prohibited the
smnIovment of counsel at all. As to the restrlc-
,;or. nlsced upou counsel and which Mr. Morrill,
cites at length, however rksome they might seem
to body of lawyers like the House OF Representa-
tyes we are inclined to think that many lay readers
Of bis sneecb will be rather inclined to envy Utah
the enjoyment of regulations so wholesome "e'o
il possible TO introduce such rules into our New
York practice. their enforcement would, IS many
may think, be productive not merely OF external de-
corum, but of substantial justice. SO the Pronioi-
ton to cite any other authorities except the laws OF
Congress and the statutes of Utah, might be justified
by similar restrictions to be found among the stat
utes of Pennsylvania if not in those Of other States
1t might be sadOft the act incorporating the Mormon
Church. that similar acts for creating ecclesiaslcai
corporations are of annual occurrence in all the
States. Yet whatever may be said in excuse or
justification of these laws, their obvious operation
if not their intention, is TO strengthen the hands of
the aristocracy by which Utah is governed They
operate as a check on the class of lawyers who
might grow I'D into rival influence with the priest
hood or might at least bring the legislation and
judicial proceedings of Utah into question, not only
before the Federal tribunals, but among the Nor
mons themselves. They prevent any inconvenient
references TO the common law to points in which
il might conflict with the peculiar institutions of
Utah. They give to the Mormon hierarchy legal
character and authority such as might enable 1t to
compete with a Gentle Governor and Judiciary,
should such ever be appointed, or should Congress
interfere by direct legislation.
Of this, however, to judge by the past-at least
till change takes place in the policy of those who
control affairs at WashngtOn-there does not seem
much prospect There is curious analogy In the
conduct of the General Government toward the
Mormons in Utah and toward the Border Ruffans
in Kansas 1t would be hard to say to which of
the two patriarchal institutions, Polygamy or
Slavery. the late President and his Cabinet have |
most submissively knuckled As the General Gov |
ernment looks on acquescingly if not approvingly,
and allows the extensOnists Of Slavery to enact
whatever extraordinary laws, or pretended laws,
they please in Kansas without the slightest regard
TO the rights interests and sentiments of the Cen
tile, that is to say, the Free-State population,
and with the ayowed object of making the
Territory too hot for any Free-State men to
remain in it; so with similar submission it
allows the polygamists of Utah to 60 on and
enact with similar view Of engrosslng the
Territory to themselves, and Of driving out the
Gentiles, whatever laws or pretended laws they
think best suited to that object. As the ultra ad-
vocates of Slavery, 80 the advocates Of Polygamy
are allowed TO curse the Union and threaten dlssO-
luton at their pleasure. And as the General
Government, with the view Of shirking of any
responsibility for the management OF affairs IN Kan
sas. ID about to allow those who have usurped the
control of that Territory to erect it into slave
holding State, so at the same time they VIII DO
ready, We doubt not, to welcome in Utah as
State, and to allow POlygamy to be covered over
with the mantle of State sovereignty-a mantle
broader than even that of charity. Indeed, when
the two constitutions are presented side by side the
pol, gsmists of Utah will be able to set up claim
which the Slavery extcnsioniSts of Kansas cannot
urge-that whatever other objection there may be
to their peculiar institution at least it has the sup
port Of the great body of the inhabitants.
Whether the people of our city are destined to