, 1879-01-12

ing of chains upon human thouSnt' 1nleil1
gence, and will, has been attained III spite
: Of Courts and lawyers, and in deflanco o.
!; judicial DEGREES, judgments, and Opinions
; No oct of oppression during the whole strug'
:: gle for liberty in England but Ind It's war
rant in the letter of the stetute-booA, or II
+; the judlclal construction of the Law ~ INC
+: Courts. Individual lawyers, and occasionally
Judge, 1nay have rendered great service to
! Justice and humanity by fearless and ad'
vanced assertions and declarations in the in
terest of liberty; but these examples receive
their brightest lustre because they stand IN
such conspicuous contrast with the action,
and sentiments, aud cowardice OF the bar
and the Courts generally Of the time. Some
-seVerM-English Chencellors went to the
block because OF their defense of personal
liberty and their resistance to tyranny; but
they were few in number compared with
those who did not 60 to the block, aud each
OF them was succeeded by Chancellor who
was anxious to become the seryile toul OF the
Crown. Every step in legal progress is re-
SISTED by the profession, not BY any open or
avowed combination, but instinctivcly, rs men
resist changes which they think may prove
personal calamity.
In this country the law Of the land is the
work Of lawyers. With tho exception Of what
are known as the tGrangcr lnws," which
were enacted in defiance Of the almost gen.
erai protest Of the legal profession, We can
recall no legislation having for its purpose
the breaking down Of special privileges and
the assertion of popular rights of modern
days. Certain it is, as Judge JAMESON SO
polntedly states, there has been no COM
blnation by the Bur to so frame the law as to
promote any useful purpose.
The existing law is q mass Of confusion,
complex, absurd, intricate, and largely abor-
tive. What it is is the work Of lawyers in
the Legislature and lawyers on the Bench.
Three hundred yenrs' experience has s:mpli-
fed nothing. Nothing bus been settled.
The recovery Of a judgment for a debt Of
$1,000 on promissory nots requires, even ar
this late day, in Illinois, the employment of
Mt least two counsel, and the time, patience,
learning, experience, and judgments Of; three
Courts.
Tho Bar has made the law what it is; the
law has been made by the Bar, and mainly
for the Bar. Ordinary trades-unions make
laws for the government Of their own mem-
bers, but never attempt to make laws for
the community generally. The legal pro-
fession is practically trades-union, mem
bersh1p depending on the suferance Of the
profession Being in condition OF posi-
tion to make laws for the State, the laws of
the State ere fashioned to promote the ends,
profits, rewards, and honors Of that special
trades-union. The law begins with holding
out every incentive end every reward for
litigation: just as the coopers, if they had |
the making OF laws, would require a1l uten- |
sils or hollow ware 10 be Of wood and hooped. |
The law provides three or four successive |
tribunals for the hearing and determination |
Of complaints where one should answer, |
thus inducing litigants to prosecute
complaints anu defonses over MS long period |
IS possible; the law surrounds the institu-
ton and prosecution OF suits with such fine
spun niceties Of pleading, technicalities of
Time and evidence, and SO encourages per
Jury and corruption, that litigation is q
monstrcus evil, preying On the morals of
society, and furnishing food for profession
of-we will not say Tnltures-but q profess
sion which has ''nerer combined for any
Useful purpose moral, benevolent, OF scier-
i6c" It is to be hoped that Judge JAMESON
yill find host Of others, lawyers and
Judges, who will see that the time is rapidly
when, if:the Bar do not purify
md elevate itself, public opinion will take
he work into its own hands, aud perhaps
more forcibly than politely rcbuke the senti-
nent so applauded at recent Bar meeting,-
hat the lawyer who mounted high moral
lorse was jackass.