The home journal. (Winchester, Tenn.) 1858-188?, 1881-03-09

bitter views, but, unfortunately, thcrc
is degree of truth in them, and the
fact is patent that the law is not execu.
ted. Far be it from us to say that all
Judges are corrupt, or inefficient, or in
competent, for We know many who
strive to uphold the majesty Of the law;
or that all lawyers are to be censured,
for as class they have our highest res
pect. But we do complain that the
Bench Of Tennessee has failed to do its
full part in maintaining the Law in its
integrity, that it is too often swayed by
unworthy motives, and betrays weak
ness and irrcsoluton in its admlnlstra-
ton of the law 1t cannot be disguised,
too, that the personelle Of the Judiciary
has detcrlorated. We have plgmies on
the Bench, where we once had giants.
(And one Of these days we intend to
show that this declcnsion dates from the
period that the elective Judiciary sys-
TEN was adopted in Tennessee.)
And we have serious fault to find,
also, with the ethics of the legal profess
sion that teaches the duty Of the attor-
ney to so unreservedly devote himself
to the client as to be party himself to
violation of the law. Our conception
Of the duty Of the lawyer to his client is
to see that he has his just rights, no
more, no less, and not to deprive the
State of its right to punish crime, or the
right Of another citizen to have his just
rights. And yet the counsel Of the
murderer, or other person charged with
crime, strives with all his power to
shield the criminal from having justice,
and makes Use Of every artitice, every
bubble, to cheat the State Of its rights
Of punishment, and turns him loose up.
on society, perhaps again to repeat his
crime, and the lawyer is proud Of his
victory over the law, and the world ap'
| plauds his success. Our idea Of the du.
/ ~ Of the lawyer is onl Y to defend the
person charged with crime, and to see
that no wrong is done his rights. The
ethics Of the lawyer needs reform in thi,
respect, and public opinion needs to cor
( rect it.
And then in the civil practice like
criticism may be made, as the same
ideas Of devotion to client prevail. The
] attorney does not hesitate to press the
! unjust claims Of client and to strive
to recover them over an opponent whc
may have all the right ON his side
/ Now these facts are notorious, and they
tend powerfully to weaken and destroy
the faith Of the citizens IN the purity
and integrity of the Law. He lcarn'
to regard the Temple of Justice as {
taro-bank, where his rights are tossed
up and played for, the result depending
wholly upon the cunning skill Of tho
! PLAYERS.
We are not pandcring to vulgar
prejudice against lawyers by these re.
marks, for we believe that the country
owes more to the legal profession than
to all others for the foundation and
framing Of our government and TO 1t,
preservation against dangerous innova
ton. No other class has contributed st
much to the dissemination Of intclli
gcnce and true freedom. From the
earliest struggles of our British ancestry
against the Crown for constitutional lib
erty, down to our own times, it has
been bulwark against tyranny IT.
fair record is only married by its false
ethics that We have ccnsurcd. Let this
be reformed, and the attorney will oc-
cupy his true relation TO client as an
uphollcr and defender of the Law, IN
stead of being an unscrupulous defender
Of the law-brcaker, under the false and
sprcous claim Of duty.
We Lave cndcavorcd in these remarks
to reach the deduction that mobs have
their birth in the NEUTRALITY-SUSPICIOUS. Of
our laws, and citizens are driven by the
too frequent escape of criminals from
justice to take vengeance in their own
hands to protect themselves. The Leg
islature can give us no further remedy,
for the laws are good enough. The re-
form must orr ginate in the Courthouse
with Judge, and the Bar and the Jury.
If not there, then it may as well be
RACED to the ground and ashes be sown.
and every man become law unto him