Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1873-06-21
NO. 80.

Onc after another, with ruthless
vandalism he tears down the solid
masonry of the beautiful fabric YOU
have been 20 careful in building uP.
At first you are astonishcd az his
assumptions; then disgusted, that
the Judge and jury pay such mark
ed attention 10 his sOphisms. Not
satisfied with serious argument. Inc
employs All Of his weapons at ridi-
cule and satire, In his terrific on
slau@hts upon YOUR speech, until AZ
last, he seems 10 be changed into
some hideous monster, like Michael
Angeles Moses with n horn ia his
forehead, gOring you 10 death
But YOU VIII not permit ihcse
things to discourage YOU. II YOU
possess the true metal. and those
qualities which compel success, in
stead Of being cast down BY them,
they will only incite you 10 more
vigorous and determined effort
Remember that al Of us have had
70 pass through the same ordeal,
for there Is 10 royal road 10 success
IN the legal profession II Is only
by patient, perseyering and iHdom-
liable energy, that its hOuOrs are TO
be won Nor must vou understand
me g. intending 20 disparage the
merits Of young lawyers, fOr ! say
10 you caHdidly, that II had % en-
ploy q lawyer TO take charge OF >
case of my OWL ! would prefer
young lawyer 90 au old ia one most
Instances, because would know that
he would not neglect IL, because OF
having TOO much business for other
pegule 10 attend tsf
Reun0Eahsr too. flIaLA4it lglf, 81
road 10 sacccss-is bv erecting for
yourselves an exalted standard Of
professional morals. Trickery and
chichine may sometimes achieve an
ephemeral eminencc. but the lvnx-
eyed public viii soon discover the
ass beneath the lions skin, and as
sign him TO his proper sphere.
Honor, truth and Justice are the
cardinal virtues by which LAWYER
should be governed. not only ia his
private, but IN his professional life.
The censure, IL which the profess
sion has b0en involved, by the III
conduct OF some of its members
n censure, prOpagated with other
fooleries by the stage, by the cOmpi-
lers of farces, and scribblers of nov
are yet those who object 20 il as hay
ing something immoral in il, insis-
ting that they cannot reconcile IL
with their notions Of morality, to
come forward as the champion, in
discriminatory, OF right and wrong;
and consider the stipondiary advO-
cate, Of guilty party, as becoming,
by that very act, participator in his
guilt They do not allow them
selves 10 reflect that no more equi-
table arrangement could be devised,
none which would give the humble
individual SO fair chance for main
tanning his rights. as the employ
ment of competent, upright coun-
sci, familiar with the forms of legal
practice and procedure, necessarily
so embarrassing to a nOn-profes sion
al person; that so far from being
compelled TO undertake cause,
manifestly unjust, IL is always in the
power of an honest lawyer TO de-
cline il; but that such contingencies
are of most rare occurrence, as few
causes are litigated, where each par
ty, has not previously, plausible
grounds for believing himself in the
right; and that 10 decline the de-
fence in A criminal case, Is to pre-
judge the accused, whom the law
presumes to be Innocent, until the
contrary appears, after fair discus
! sion on both sides; that oppOrtuni-
( tics are not wanting OF the other
I hand, which invite the highest dis
play of eloquence and professional
l science, IN detecting Villiany, in vim
dicating slandered innocence, and
IN eNpounding the great principles
OF law, on which the foundations of
personal security aud property are
established; and the most illustri-
GUS names in Our own. and every
other civilized country, have been
drawn from the ranks.Of a. profess
zion, whose habItua discipline 80
well trains them for legislative ac-
ton, and the exercise Of the highest
political functions.
This disposition TO Cousure, has
received encouragement / admit,
from eminent members Of the pro-
fessiOn who have expressed opin-
ions as to the duty of an advocate 10
his client which cannot be justified
by a sound morality. Lord Broug-
ham said, "TO save that client by all
expedient means, 70 protect that
client at all hazards and cost to 9TH
ers, and among others TO himself, is
the highest and most uuQuestioned
of his duties; and he mustnOt regard
the alarm, the suffering, the tor
ment, the destruction which he may
bring to others; nay separating even
the duties of patriot from those of
an advocate, he must 90 on reckless
of the consequences, il his fate
should unhappily be TO involve his
country in confusion for his CLIENT"
Mr.. D'lsraeli says, THAT il is the
| duty a counsel owes TO his client, TO
adjust him b. all possible means,
just or unjust, and even to commit
crime for his assistance or cxtri-
| cation"
Ii such were the duties Of an ad-
vOcate, IL would be little short of
intellectual and moral prostitution,
TO pursue the profession. A lawyer
has the right, and it is his duty, 10
do every thing for his client thathis
1 client may honestly DO for himself,
/ and TO do il with all the zeal, skill,
| and ability he can command. But
he has no right, nor is il his duty,
! to do for his client that which his cii-
ent, in fOro coRScieHtiae, has no
right to do for himself. lie has no
right to put in evidence. a forged
deed or viii, knowing il to be fOrg-
ed. Nor TO tell an untruth. or to as
perse the character of an innocent
/ person, either in his own behalf or
| for another. The lawyer is no more
| freed from the moral law, or the OBJ
| legation of truth than any other NOR
tai; nor can he divest himself of his
! individuality, any more than other
men. IL he lies, he lies at his own
individual peril. II, as Lord Broug-
ham stated il, the only object of
counsel is to free the prisoner al ev~
/ cry hazard, why not do many other
things the prisoner would do for
himself Il ne had the means. Many
persons would not hesitate to take
the life OF an important witness, il
the prison did not prevent him.
| Why ought not the lawyer 10 DO il
for him! Why, because il would be
murder. The fact is. the rights OF
the advocate, or the defence Of his
! speaking on one side, cannot be pat
on "A worse foundation, than by thus
making him part Of the prisoner g
| thtlF AAeA-Ats AL VI a. AAaft 'Ga4 II
ed 70 venerate Socratese, whom
Lord Mansfield calls the greatest OF
lawyers, for having made victorious
war upon the sOPhists; and having
| established ethics on pure and dig.
nified principles, and we cannot
sanction such things IN an entire
and highly privileged class, and il
the performance OF the most sacred
business of which political man hai
anv knowledge. II lawyers should
insist upon this revolving exemp
ton from the eternal laws or truth
J and rectitudc, they should consider
] L - a