Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-12

Z is beautifully told BY Sergeant Talfourd,) "b,
r comes his province to tract the sub lie winding
10 | of fraud, pursuing its dark unwearied cOurs
IN beneath the trampings If busy liie TO deyelOI
s. in lucid array, little history or cluster OF bis
90 tories, tending TO one great disclosure to com
Ia bine fragments of scattered truths into vivi
le picture; or to cast the light of numerous fact
70 on secret guilt and render it almost as palpabl
d | to belief as if disclosed to vlslOa.' Something
it Is his to hold the scales, while trembling will
n | the fate of honor and of life, in which ar
5, centered the hopes and happiness of a family
e | who feel that one mistep, one unguarded word
II one improper tsitch of the muscle. might turn
: the scales against them. 1t is his to draw from
Q the garnered treasures of vast stOrehOuse
5 living principles to guide him through the
: | pc plexities of conflicting decisions. and by
o the magic of legal lore, shed a halo of light
: and beauty over the principles involved IL
doubt and confusion. 1t Is his to trace, with
unerring finger, the fbres which fasten "llneal
lines" through long descent, and unrayel the
tangled thread of title to estates involved IN
| perpleXing labrynths of record; TO thread such
dubious wIndings of parchment ways as would
Parayzesthe most patient; 1t Is his to touch the
love or hate, joy sorrow, the sweet and bitter
waters of life. convince the judgment as he
melts the heart; to count the pulse as be plies
| the lancet. and save his patent"-not by
| dangerous experiment. but by applying TO the
case the well established principles OF noble
science.
1t tor the plaintiff, as a general thing the
lawyer ought not to lose his case, for the lamps
of science, if properly held will shed such light
| upon 1t aud its surrounding. as TO reveal its
| features, expose the malady, and suggest the
| remedy. At he is for the defendant he exer-
| clSes his ingenuity. elicting the strength, con-
| cealing the weakness of his cause-and struggles
with zeal, energy and skill, to make the worse
appear the better side His life is one OF excite
ment. yet necessarily full of thoughtful rehee-
ton, ami affords Oppol tunitie5 alike Tor gener
Gus and for selfish ends. BY turns, he Is full OF
resentment and pity, as laWlessnesl, or Injured
innocence, invokes his powers. 18th the faith
OF martyr he pleads tor the guilty, ana ior
the innocent is !, like Niobe. all tears rs Ven
prosecuting; yet, if assigned to the defence. he
saith, with equal impunity,
The quality of mercy IS not strained;
| 1t drOppeth as the gentle rains from heaven,
And earthly power doth then show ikest
| Gods,
When mercy seasons justice"
And all. under the approving smile and correc-
| tive wisdom of His Honor.
Tragedy and comedy not unfrequently pre-
sent their highest points in the same case, for
the exercise Of his versatile taste. and the adj
| aptability of his pliable genius. l have known
| him to yoke. as it were. Momus and Melpomene
| together. and drag amixedbSe4 of laughter and
tears. Grape and tinsel, before al burt and Jury,
who would frOWn and smile, an weep and
| Ian n, as the mercury of the Adv4eate rose or
fell. 1t is this professional Obti0sfIoR, sealed
with an oath. exacted by law. which often
cluses him to be approached by the stranger
with suspicion, and which invites the criticism,
70, We Scribes, and Pharisees. hypOcritesP' 1t
is question in morals and law. whether, if
proper terms are complied with, he can refuse
his professional assistance when called on, any
more than can the doctor his skill, when called
10 a dying man. II the State is in trouble, he
is invited TO her aid. as an eXpounder OF the
law, and Vindieates her honor and her rights
with the most flial devotion. If a citizen is
wrOnged by the great power of the State, is the
victim of the frenZied mob. or of the machina-
lions of individual malice, it Is through him re-
dress is sought. and constitutional rights pro-
tccted, with the sacred weapons of the law.
II great emergencies arise, he Is prompt ut the
call, and is often the leadet for the occasion.
If enterprises are on foot, whether religions or
secular, no one OutStrips him in energy and de-
yOtlOn, or makes more liberal donations. In |
the more quiet walks Of life his influence is felt
and opinions cOurtcd. Is not his influence daily |
felt in the pulse beat of the popular heart and
seen in grand results?
Greece and italy constituted the highest order |
Of governments in their day and OfthOse, Athens
and Rome were the finest types. When We look /
Tor the cause OF their success as governments
for the source of their high culture their social
refinement. their devoted patriOtism-we find. |
second to no other Influence Law, as n institu- |
ton, with its varied yet exact machinery, Ope-
rating upon all branches of business. and per- /
mea ing every ar cry Of social life. /
Alsng with the law. even such as the /
institutions of Scion in Attica, LycurguS in L
Tacoma. al d Mi los in Crete. We find the Advo- |
Gaze and the tXpounder yleIng in influence /
with the poets. historians and philosophers. At |
later period, their influence was extended to
the high and controlling positions in the con-
duct Of government. The higher types of this |
IN Demos henes and ksch mes, who IN
representing the dignity of the Advocate, fur
nish specimens of juTidicai arguments worthy /
of imitation to day.
In Rome, similar organ cation and similar in |
huence re appeared under the Kings. a. d on the /
establishment of the Republic, Legislation |
pasSedthe ordeal Of Judicial criticism, not ex-
acty after our present form, but in Il manner |
tpat brought It's influence to bear directly upon
the social frame work of the dominant racs.
Legal propositions, and their practical ope
ratIOns, were: at this time. mates of daily /
discussion in the Etc nal city. TIe practice of |
law regarded the highest and nOblest /
profession. Bar eloquence. in the trial of eau
SIS. was, as 1t now IS, source of fortune and of
ries at its EhriGe, and the old paid court |
to its patrician power. The study /
Of law was a. ne ,t;1 sary part OF
walks of life. Without it aspiration to the /
offices OfState was unknown; for he who would /
make or enforce laws must understand them. |
HOrtensius and Sulpicius, the embodiment Of /
its excellence and glory In the forum, could not |
claim to enlighten and guide the military Caesar /
As Judge 10 his province no more than as COM |
mander of his camp. Orator and Lawyer in |
Rome at this date were synonymous. The one /
pre~supposed the other. Their speeches which /
NV find place on the brightest pages Of history.
were efforts atthe Bar. What is the argument |
against Nerres by Cicero but the speech of |
prosecuting Attorney? What, in defence of |
ROsclus, but legal defence by the noblcst and |
best of counsel.
In the days of the earlier Caesars, Lawyers. |
like Seneca and Pliny the younger, were the |
supporters of EmperOrs and scarcely less rotcut |
in influence and fortune. If they 81 't-iled i'm
perialiSm they did it because il was the Luo. |
The best method of gaining correct Information |
OF the Roman government and the Roman peO-
pie IL to look to her laws Us enacted and pracS |
ticed by her legal orators. Free from that de- |
pendence which wrote and spoke for patrons. |
they exhibited, in the forum, the exact pic
lures of the times. A modern critic has |
truLhfully said
The Institutes are to this dar, ,rriaeR rea-
son; the Pandects are the perennial fountain OF |
legal thoughts for Europe and Americas" and
the Corpus JHris ROHdRt has. ney-r cea- cd |
to be the Common Lar of the whole of Eu- |
rope"
If the great German Emperor. Charlemagne.
sow d the seeds of feudal system-Which, u.d
the culture OF his successors. grew into petty
quasi-sOveTeiguu, g, each governed by its Gus
tOmary lRws-he likewise scattered those fra :
m SIdS OF the PRINCIPLES nc OF the Giyn Law,
di@gal chivslry. OF all the fruits of the cOu-
rage and zeal of the Crusades, Of its sacIi COS
and glories. Gin that caDPaign of redemgtion,
which eliminated around the sacred hills OF
PalestineD there is only enc immortal
progeny 10 which that historic travail gave
birth, that now lives, and is Of value to man
kind. and it is the great Law boOk-the Asst
Zes of Je. usalem"-the product of the Lawyers
of that day, transmitting the feudal laws and
customs Of Europe Of yesterday. The prinei,,
pies of the Institutes and Pandects
through the limbs OF the law" eoursed
in some shape every artery OF
society, and finally developed It's noble
principles. with no greater certainty IN the
''COdc Napoleon" than it had previously done
| in the Spanish Law, IN bringing forth the Par-
tidas'' of Don Alfonso.
According to the historic elOquence of a mod
ern Jurst, IF it benefits the Code Civil TO bear
the name OF man, it should be that of the Lawyer
GtBbdceres not of the Soldier Napoleon, as the
| Institutes, should be called 1uJoHioh. not
Did not William the Conqueror boast of trans
| planting tine culture and refnements OF France
| into the rude barbarity of The Island?' Were
not the Civil laws 0! the Gauls n part OF that
tranSplanted culture grated under his flaming
| Orfamme into the stock of Britain?
| 1t is hardly predetermined that the Common
| Law" has that bOasted tHdiOsdHGtuy Of Crlgsn,
| for which our English mother is prone to claim
| credit, but is a practical consistency of the
| Civil Code" diluted by Gallo intermixture.
and kneaded into an English base.
! When England began to lay aside her prOyin-
| cial robes and assume the gaTb of separate ma
| tionality, Lawyers and Judges of distinction
| appeared and began to Iniuse new zeal and
impart a new ambition to the disciples Of the
| Immortal Science"
| About the thirteenth century, Judicial Con-
| strgcfiOHs upon the written and JudtcI% ABir-
| nance of the Law of Custom" soon gave the
| bent to the forms of trials which were practiced
| in the reigns of Edward the Second, and which
| the Court proceedings of to-day are but the
| more convenient formula; and the recent re-
| ports of our Wallace are but fashioned after the
| old model OF Jenkins the h,si Common Law
| Reporter"
| neJlCf the hlsIOi lcO legal Wrlllhgs OF Chlet
Justice Gianyilie and his contemporaries do not
establish the MISUNDERSTANDING the jealous
| denial of Lord Coke that the Common Law
| is more a bastard scion from the old civil
Code vi the LatiDs, that found its birth bet~e cen
the liber and the 20, than from an original IN
| dtUi}Udidy growing out Of the peculiar customs
| of England, rs they were practiced on the
| Thames, is still problem. However dissimilar
the features of the two systems. they are not I'M
| like the currents of Alpheus and Arothnsa,
| which in their underground wiDdings give I'M
| tniStnkablp evidence OF kindred WATERS
The growth Of English Jurisprudence, so far
| rs it is independent of Parliament, is n dOmi.
| nant fact of six centuries. Whether We look to
| the long line of Lord Chancellors, from Wool,