New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-25

The predominance of lawyers in all our Ameri-
Can legislative assemblies, aud especially in COn-
gress, and the great extent to which legal and even
purely technical ideas color the debates and even
the action of that body, has frequently been no
tic,d but the vote just taken in the Senate Of the
United States, in favor of the admission Of Kansas
under the LecOmpton Constitution, far surpasses
any instance of the kind that has ever before occur
red. In vain shall We search the parliamentary
records of this or any other country for another
case in which a great political question has been
decided on purely artificial assumptions, utterly
regardless of the real facts, and in which legal
fctions have been resorted to. for the purpose
not of sustaining, but of overthrowing and setting
aside the substantial justice of the case.
Jefferson always considered the courts and the
lawyers as an old sristOcratc English inheritance
the natural enemies of democracy and Of the rights
of the people. He regarded them as wholly and
exclusively devoted to the maintenance Of the in
terests of property, as opposed to individual and
personal rights. He saw in their influence and pre-
dOminancy, and the power which they exercised,
not only in the Interpretation and application Of the
laws but in their very formation, the greatest dan
ger to democratic institutions and popular govern
ment And certainly, had Jefferson lived to wit.
ne.s the desperate attack upon the sovereignty Of
the States, contained in the bred Scott decision,
followed up as il has been BY the pending assault,
already contaminated, 90 far ~ the Senate Is con-
ce,ned, not merely upon State Rights but upon the
sovereignty Of the people--had he lived to see this
burrowiDg and undermining assault pushed under
cover Of legal ictions and technical quibbles-snd
that BY men who call themselves Democrats, aud
who even boast to be his disciples and representa-
tives--nto the very heart of the political system
vhch rests for its foundation upon the right Of the
majority to rule surely, his antipathy to courts and
LAWYERS ss constituting IN interest hostile to De.
mocracy, would have been rather increased than
diminished.
The daily habit Of accepting fees and retainers
wholly irrespective of the merits Of the causes OF
which their advocacyis thus secured, Of arguing
for psy on either nde of case, without once stop.
ping to inquire of themselves to which side truth
and justice do really incline, nay, when satisfied
that truth and justice are against them, struggling
all the harder to blind the eyes Of Judge and jury
to that fact, and to obstruct the course of justice
by the aid Of fctions, presumptons and TECHNICAL
ties--this, it must be confessed, is sort Of dsc-
pine well calculated to prepare men with souls
naturally groyeling and mercenary to play the part
Of doushfaces, to sell themselves at Washing
ton to the highest bidder, and to seek to obscure
right and defeat justice there BY appealing to those
same legal fctons and technicalites to which for
hike purposes they have been accustomed 70 resort
in their professional practice at the bar.
Considering INV largely Csogress IS male p9 oi