Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-22
executioners came, the father answered to
his uane and took his place upon the scat

L--SUNDAY.
execulioners came, the father answered to
hs name and took his place upon the scat
fold.
THE MODERN FRENCH BAR
dates from the reorganization of the roll 10
$500. Napoleon recognized the important
of the bar in the preservation OF
order aud the administra alton of Justice, and |
In his first consulate began q comprehensive
code of laws and the education and elevation |
of the advocate. He called TO his assistance |
the learning and the law of Portals, Simeon, |
Fouchet and others, and established SCHOOLS
Of law at Paris and in The provinces, restored
the roll Of advocates and reorganizsd its ad-
ministrstion upon 9 firm and comprehensive |
basis. 1t is true that the larger liberty and
greater influence they had exercised did not
suit the ambitious and despotic emperor.
The signal brillisncy and success with
which Moreau and others, whom he would
have crushed, were defended, taught him
that freedom of speech aud an independent
advocacy were Incompatible with dss potism,
and the liberties OF the bar were greatly re-
stricted. But the general plan of organizs-
lion and educa ION then revived and adopted
have continued with constant improvement
to the present time. Without enumerating
the dates and details of the various amend.
nents and improvements, We will give q short
account Of this perfected org~anzaion. The
theory that the advocate is an officer of the
court and thus an officer Of the government
was carried to its logical and legitim ate con-
elusIon by provision by ordinances for the
education, the organization and The control
Of the order.
Il UNIVERSITY OF FRANCE
was created in 1906. Faculties were estab-
lished for the various branches of learning.
and especial care was taken in the organize.
ton OF the faculties of law. Toe necessity
for these faculties and he schools of Law was
ably presented by NJ. Foucroy, Councillor of
State, on recommending their Establish meni
70 the Legislative Assembly. I'll will.n says
be, drive away from the temPfe or the law
those who would dare profaue it without a
title and without knowiedge; it vail form
enlightened men for the profession of the
bar; it will Contribute by good and CON-
petent studies to the reappearance of those
Magistrates celebrated for their merits and
their virtue which have illustrated The two last
centuries." Terms Of nUvitiation. of study.
and examin stions for liceutiation were pre-
scribed. The curriculum provided embraced
10 It's comprehensive sweep the whole range
Of French snd Roman LAWN strong con-
uast 10 that OF the American schools. with
'nef lew and snort terms, wsager list of
''uuies' ioosr examinations and ready diplo.
mas. Mills of the piemies that grind ex
ceeding last. Having passed the terms and
examinations the student became the licen-
tiste, aud subject to the control of the order,
but before being admitted to practice be
still had to pass his "stsge," above referred
10, OF three or i've years, to see if he was
worthy Of being admitted TO the roll of ad.
vocaies. Each judicial department has iis
roll Of advocates. and each roll its batonier,
or president, and other officers, and also its
council, whose functions were the most i'm
portant Of the order. This council has ad-
ministrative, judicial and disciplinary at
tributes; il admits or rejects; it tries all in
fractions of the rules and ethics of the order,
| and censures, suspends or dismisses the
| guilty; it takes the ~licentiate by the hand
and directs his education and admission, and
its care extends even to the proper and ap-
| propriate ceremonies of his funeral obse-
quies, and
END ONLY WITH h GRAVE.
The order of advocates is controlled by
written code of ethics, over fifty in number,
deduced from the experience of ages and EN-.
bodying the best Of those rules before
adopted, including some he~reinbefore re-
ferred TO. Tney embrace every relation of the
advocate, his general duties, his duty to his
clients, to his brother associates and toward
the judges. The FIRST Of these declares that
one cannot be a perfect advocate if he be moi
a good and honest man. They inculcate dill.
gence, sobriety, truth, honesty, courtesy, dig
nifty and independence. They regulate by the
highest standard the conduct of the advocate
in every phase of his professional life. Moth.
ing too small for its care, nothing too great
for its control.
While 1t e~njoins upon the advocate respect
for and obedience to the court, it likewise
demands the courtesy of the court to the bar
Rule 43 prescribes that the Judge hal moi
interrupt the advocate while pleading. They
are the best judges of the means to be em
ployed in their clients causes. These are
some, and but an example Of this admirable
code OF ethics.
THE BAR OF FRANCE,
then, ia a thoroughly trained, educated and
organized body. Educated in every depart
ment of learning, trained in the highest
school of professional ethics, and organized
to the encouragement and advancement o.
everything advantageous, and to the resist
ance of everything hurtful to their order OF
the State, the result was, In this modern Al
in the ancient bar, a succession Of briIlian'
advocates, profound ~iurists. D~eTocquevill,
and Won Hoist both noticed the great pre-
ponderance of lawyers filling the highest
offices in America. 1t is equally noticeabl,
in France. A majority of the statesmen
and ministers, and the most brilliant anC
effective of her orators in her Legislature
were lawyers. 1t is noticeable that, taking
the batoniers of the order from 1885 to 1864
we find among them four Ministers of jus.
tice, four OF the Interior, two of Public
Works, one of Foreign Affairs, one of Agri
culture and Commerce, and one Vics-Presi
dent of the Senate. We cannot pretend tc
notice or even enumera,e the great lawyer
of this ceatury. From Bsryerr 10 Olivier
and even G .mbetta, the bar OF France wa,
the glory OF France, illustrating every excel
lence, adjoining every virtue, each conspicu,
GUS for SOM special excellence. The car,
Of M. Henequin, the science of NJ. d.
Vatismund, the learning OF NJ. Por
tails and De Tocqueville, the logi,
of Tripier, the art of Mopguin, ths
refinement Of Poillet, the tact of Dupip
the power of B-ryerr, the paihos of Barth,
and the fascination Of Gsmbetts. 1t was. il
a word, a succession of intellectual mon
srchs, a galaxy OF the gods. We find, too
that their
DISCIPLINE AND ORGANIZATION
gave them a power in the State. From
Guizot to Draper their power and influences
are recognized. They were the most per
sistent and dangerous enemy of aristocracy
They we're the first TO resist papal aggression
and come to the assistance of Philip against
Bouifsce. They overthrow superstition and
magic, and replaced supernatural logic BY
philosophic logic. They resisted the ordi-
nances OF Blois, first by a protest, and then
N a body laying down their functions. They
builtthe first barricsdes In Paris, and when
Cardinal Mszsrin exiled one of their num-
Der, Omer TALON, the whole bar again re-
signed, aud refused to plead until Talon wal
restored. In the Constituent Assembly
Tnouvet, Bornave and Cbapelier were advo.
Gates, and Buzot, Vergniaud and Guadet
Wee found in the Convention. The revolu-
ton of 1880 was called a revolution OF ad-
~vocates. This hasty sketch must be supple
mented by something of the
HABITS OF THE FRENCH BAR.
In the early period of French Law, the &C.
ministered the law. 1t was, hence, but natu-
raj that the courts and lawyers should have
afterward retained the habits, customs and
manners of those early tribunals. Oral
p~leadings for a long time resembled a sermon.
A speech began with a text, selected gener-
ally from the Scriptures. This text then
formed the initial sentence of each division
and subdivision Of the discourse, snd re-
peated as often as, "He played upon the
harp of a thousand ~strings.n 1t was divided
into numerous divisions and subdivisions,
though not always after the rules of Locke
or Quintillian, and interpreted with numer-
Gus anecdotes, wise saws and strange instances
and with quotations from every soHfce-Bib-
lical, NEUROLOGICAL, prose and poetry, Latin,
Greek and Lsw-French-until the whole re-
sembled a patchwork quilt, and reminded
one of what Tickler, in Nocies, said of some