New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-30

the limitations which you put upon Journalism. The
gathering and publication of facts IA but one part OF lis
vocation. 10 express opinions is higher and larger
share OF its duties The conduct OF public men before the
public the Legitimate subject for their discussion. The
lawyer before the cour the minister In his pulpit the
executive in his chair OF state, and the legislator In M
han of asaemhy-al these ire alike public and
thor conduct in their public vocatons the proper
theme Of both journalistic report and discus.ion Nor
such arrgnmcnt the province Of the press alone with
out invading the sanottes of private character or the
courtces Of personal life, reason and the habits OF
civilization give 10 every man the right to aiagh anu
discuss the public professional conduct of his fellow
men, The politician on the stump discusses nus lenVT
politicians. The minister IN ms pulpit Suinui"n7 ~ ~
fellows for inconsistency, or unrcasOn or lhdt.iy. 80
the lawyer arralgns his felOwawyors in court OF
public gathering And each, 100, crosses me lo -, The
own profession, ana disputes the cOnduct OF Ieh w
other professions There Is no court inGre h more
established than this OF public opinion ahu XXI. Of tc
finally settled more largely improved than le An
free discussion of the public and prOes onnl
0urfeOw-men; and am surprised 10 hnd on III ricds
u certainly will be satisfaction 10 your Pr lin those
to know that your not associated, in adNahCs w
most notorious ana audacou' I oyG,d INT may IL
gushed clients which you have cata"elcu' % And
not DO said that while those proce9dlngS Mtio 't vonr
advanced TO more or less of achievement VIM, ~
knowledge they had more or iess on y", tteut and
your services In maintaining and deicndS utl I'm
ibe,r reslts v hen disputed the oouTt l. there no,
ofense known to the laws as tnai o' 's' ree Of re-
after the fact And does not often rise 10 ~ ~ the
spoasblty and guilt nearly quite equal to tna W
and cxccutioni The province Of professor
al iuty 10 causes and clients ia. believe an HINTS for
tiou oinnng lawyers themselves Bnt your - d,rrd
whom ven have incurred deep responsibilities anu and
ps.onai dsbonor are no martyrs to On"S, r M
are not arragned for bold adherence '"' ,mcl ava
osainst The peace aud integrity OF nu'inf's,
they have achieved aud hold P"S r,Ijcry ifs,lf
They have sought for mere PnIpos1s =, VI me nst,n
ACKNOWLEDGMENT to corrupt the sei{ IN View brought tenn
pOrary disorder into the hnahchl cH 3 VI Wy %
w % n ss.istine or defending these In such
plans and in such operations III poIIoMhE .nc iilo
and technicaes Of law 70 sustain them IN their posi-
lion or IN screen them from justice Is IN lending your
great ability and more legal knowledge either 10 inc con
r rairoad and business ACKNOWLEDGMENT at the expense
Of innocent parties and the public Is in lnterpops
whom the nation supposes. rightly or wrongly, aye
beliereS, with faith that cannot be readily Shake are
men OF public corruption aud men OF business diShOnoT
such and their dspossesSon OF their lg0t
ten gains and powers and the Ieei OF thc business m e
example, il is for acts and Influences like these that you
have been aIragncd before the public AMI hat hot "ny
,sona hut popular opinion sits i'll judgment upon
You. am, Sir, yours very truly, SAMUEL Bo"Lt''
Mr.. FIELD BowIEs.
NEw-YORR, Jan. 5, 1871
DEAR SIR Your letter Of the sd instant, received this
morning seems to have been written for publication, ana
is filled with as much general dispangement a. could
well be got into so many pages without stating single
fact from which lawyer or moraiSt could form an
opinion except the fact that the clients to whom you
refer are you say bad men. To this a. reason Tor
not defending them is equivalent TO saying that the
saints must have monopoly OF lawsuits. II sam! SUI,
happen that saint wrongs sinner the sinner cannot
the saint This is putting your ease In more ppS
BILE form than has occurred to you, perhaps; hut thK
10 essentially your position Were yOi, however. 10
change it, and say that YOU make no question: o. parties,
the wrong side of cause must ask you what il 10 be
were Omniscent and the judge intallibe, If all the
facts both sides and all the law could be known
from The beginning. then, indeed, the lawyer would
be Justified in saying client will not assist you.
But In the present condition or humanity, 1actS are
often misunderstood the law often mistaken, ana
one court frequently pronOuDccs right what another
court has pronounced wrong In tins state OF things
helng ntrsed Nv the Government with the exclusive
function of representing htigants before the courts Is
bound represent any person who has any Igs 10 he
asserted or defended If person has no rights tho law
yer not bound TO assist If he has any rights tne
lawyer is bound II them respected II he can Lei me
apply this rule your and that of my clients non
you should have been severely punlsned' WASH u9M
fu for lawyer TO defend youf suppose then, on the
with have they stl rghtsi II rufan beats one of
them in the streets, he he sued fol II! II he utter
suppose one who spite against them to buy share
two Of stock in the Erie Railway Company Tor tue
purpose harassing them with lawsuit, Ia 1t lawful TO
defend them against such suit Or suppose hpecu-
faT {he S' %rpo s Of Affecting the price may
suit I've resisted Or suppose an enemy, uhwllilhg
| TO take the responsibility himself, puts forward a
| third person to bring suits against them, and keep
them in continued litigation for the qualification OF re-
venge, these suits to go on without resistance VI
suppose them TO have enough OF the stock Of corpora
ton to give them the majority at an election ana tIe
managers to manufacture secretly new st9ck 10 oSrI
their majority using the property OF he company
to paw for it, and making away with the books to complete
the secrecy, must inc wrong De acllesoeu III, ~ n,
by the courts given up or suppose sll ilther
alleged sales of gold which they say they bought,
is unprofessona put in their answers and try tie
are mostly real for engaging in which am assailed
And you. spmtng under sense OF personal grieyanGf'
Let look at the question from another point OF view
IL is lawful 10 advocate what IL Is lawful 10 do. Would
you have Judge decide against these men, because he
! thinks them Of bad repute or OF pad lives, OF Oh
i if in prdsnouncing Judgment he were to say,
do not think the P proof smis.' at fo fE
decency and cOrrupting justice, and shall decide
against them Nay, suppose you were juror try
ing OF the suits for damages on alleged gold con
tracts would you violate your oath and find verdict
against Them contrary to the evidence because they
dizement to corrupt the very head Of the nation be
they have with like purposes in view, brought
temporary disorder into the financial condition OF me
country, and spread ruin with wanton hand among It's
ID hs YOU should this h thing But how
in the of all that is reasonable are you to be IN
plain il to yOul How is the evidence 10 be forth
coming il they have the aid Of the law in obtaining
thew are denied the privilege of counsel do not assent
TO the theory Of BrOugham that the lawyer should know
client Der faS and per nefos. BY this rule am will
ling to be judged That was the point OF my letter to
mentioned You cannot escape In this way. fOn have
ventured TO arraign my professional conduct repei
your charge and challenge you To specify an instance.
You fail specify any but say public opinion Is against
me. That may be 80 OF it may not be So Will not Stop
TO discuss the question with You You do not advance
step by declaring never confidently that you thlnk so
so because somebody else or all men else II you
please think so or say So That will not do you ns go
| further submit 10 he branded a hhcler.
Perhaps my knowledge OF professional opinion good
as yours have certainly test OF il that you have
not and that is the experience OF the Erie office In
answer 10 my inquiries made to-day am informed that
within the last three years the present managers Of the
Company have employed many lawyers Of the highest
repute in NewY0rk, New-Jersey, Pennsylvania, ONO,
Illinois, Missouri, and Massachusetts, and that not
in q single instance has retainer been refused 90
believe there is lawyer in the United States who
would to-day refuse it, In nearly every litigation IN
which have been concerned for them, have been
ciaed with the most respectable and eminent counsel
Indeed, almost the only bona tde suit brought
against the present manager for most OF the rest have
been what should call busteTiDg expeditions the de
Tense is conducted with the counsel ana cooperation Of
the foremost lawyer not only OF Massachusetts bat Of
| all New En- gland. Your Obedient servant,
DAVID DUDLEY FIELD.
B0wLEs TO MR.. FIELD.