Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-04-12
The Lot Of the LAWYER.

The records of our colleges show that
very large proportion of their graduates
study law. Three-fourths of the class of
1870 at Yale did SO. This was perhaps an
extreme case, but the percentage is always
surprising one. Even after the necessary
deductions have been made for the men who
study with no idea of subsequent practice,
and for those who enter the profession merely
as stepping-stone TO politics, loan business,
etc, the number of actual lawyers is still
very great Yet, of all professions, it offers
perhaps the least opportunity for enduring
fame. The statement may surprise some
body, but that somebody can find few facts
with which to combat it. viii he try TO
name half dozen, three, two eminent law
yers whose fame, as such, has lasted cen
turyl Even if he is a lawyer himself, he
will be troubled TO do it. II is true that
few very few, men acquire in any pursuit
such q fame, but yet many men are honora-
bly, remembered in their own professions,
even when forgotten outside of them. Min
listers remember divines doctors, physicians;
actors, novelists historians, poets, painters
and journalists, all remember men of their
respective professions. Lawyers dc not re-
member lawyers. Those OF the profession
who gain somewhat of Immortality do so by
virtue Of being judges, statesmen, authors
and artists. Eldon is an example of the first
class, Webster of the second, Coke, Black
stone Kent and Story of the third, while
Bacon belongs to all three. Erskine is al
most the only example of an enduring fame
won by an advocate and how many Ameri-
cans, or, for that matter, Englishmen, know
who Erskine was Occasionally man
may get his name linked with a leading case
which is constantly quoted in courts and
newspapers as an authority, and so preserves
in the public mind the name of the man who
argued it. But this is dubious, after ALL
How much of figure does Webster, the
winner of any case, make against the hori-
zon of the infinite past in comparison with
Webster, the Senator, replying to Hayne, or
eXpounding the constitution Take one Of
the greatest of celebrated cases-the trial Of
Queen Caroline-who can give the names
of the great lawyers who pleaded for the in
jured queen
There are three main reasons for this GU
rous state of affairs First, the abest law
yer does not originate. lie creates nothing,
and creation is what the world remembers,
whether it be the act Of God or genius. lie
is obliged to confne himself to precedents--
TO simply apply cutand-dried rules TO new
set of circumstances, or to the repetition Of
an old set. This is so true that the rigidity
of the law is becoming serious difficulty.
The transcendent authority of chancery no
longer exists. Equity and common-law
courts are equally fettered by precedents.
The fact is fatal to any effort at creative
originality. In the second place, nearly all
lawyers time is spent on matters of merely
passing interest, and often Of the most con
temptible nature. II makes no difference to
the world or the nation, except in indirect
and hidden ways, whether Smith or Jones
gains case number 20,5l3 on the docket, and
hence nobody but the persons directly con
cerned pays any heed to the almost match
less genius and learning that may be lavished
on Smiths complaint or Jones defense.
Thirdly, there is a certain prejudiced popu-
lar feeling for the legal profession, which
crops out continually in books, newspapers
and conversation. The moral tone and stand
ard of honor of the legal guild is consid-
cred to be much lower than IL really is, and
this prevents, to some degree, the recogni-
tion OF its great men.
For reasons such as these, the fate of the
lawyer is oblivion. The successful author,
artist, poet, romancer inventor, discoyerer,
statesman, soldier, founder of a sect--these
men monopolize the names that are not born
10 die -- Chicago Tribune.