Year: 1870

Lawyers.


Is it presumed that any special sdvan-
tage would accrue to the profession or to
the state, if lawyers were literally edu-
Gated


In the present practice Of courts, it is
not to be presumed an advocate will ex-
hibit, in his pleading much learning, ex.
cept Of professional character. 1t is
offensive, and generally would not be tol-
Grated. Hence it may bc said, and
with some show of reason, that nothing
would be more out Of place than display
of literary taste and talent at the bar
The prevalence Of such a feeling has
probably operated with reflex influence
which has been carried too far. 1t is
doubtless apparent that the gentlemen Of
the bar have been reckless of its honor
and have degraded it from the condition
of a learned profession to that of a mere
trade Professional knowledge is pre-
sented with insufficient precision. Al
though our courts are numerously atten-
dsd by intelligent men, they seldom ac-
quire much sound, valuable learning
from lawyers.


In the other learned professions much
useful knowledge can be impaired Incl
dentally, and to good purpose 1t is said
if the patient has confidence in his medi-
cal adviser, he is cheerful and hopeful
and disease often yields so far that the
son of Esculapius acquires credit for a
success beyond his skill. 1t make well
for his practice, therefore, to impart use
ful knowledge. Just so far as intelli-
gence becomes general, superstition van
ishes like darkness before the sun, and
confidence is inspired in all scientific re-
search. The legal profession does not offer
an exception. The results of its success
do not depend less upon the dissemina-
ton Of knowledge. A lawyers success
depends less upon the opinions of his eli
ent, than the opinions Of jurors and the
court. To carry jury is often task
but too easy by the graces of oratory, by
personal charms, or as it sometimes hap
pens, by arrogance of the profession
without any effort Of learning But to
dispose the opinion of an intelligent Judge
favorably, requires pains-taking, truth
ful recital of law and fact. The lawyer
who pleads long at the same bar, estab-
fishes for himself reputation which may
become very useful to himself in guiding
the mind Of the judge. An instance is
known to us Of a lawyer who is still quite
young, who does not allow himself to
make any point before the court or jury,
not well sustained in law. Such is his
character for candor and professional de-.
corum, and more than all for legal accu-
racy and scholarly attainment, that the
most learned judges are observed to hesi.
tate when his legal opinions are adverse
to their own. His reputation for accura.
cy may therefore sometimes serve to de-
termine the opinion of the court, when
time is too limited to admit of the neces-
sary examination.


In those cases which are subject to the
Auctuation of each political struggle, and
also those cases not established by the
statute, it becomes serious matter to de-
termine WHAT IS LAW? An old Roman
in contemplating the almost boundless
field of that inquiry, once said, " Law is
supreme reason"


Generally that answer will hold true in
all civilized governments. In addition to
the ability of showing the decisions Of
courts, which may be called professional
knowledge, there remains this more i'm
portant power Of comprehending the GER
tain and invariable decisions of supreme
reason. In this field mental precocity
and professional empyricism are worth
less, and nothing but native logical in
tuition cultivated in every field Of human
knowledge and addressing its vigorous in
quiries to every department Of human
learning, can give US the ultima thule
of supreme reason. To illustrate, pret.
ty story isrelated ofthe estimaole Rev. Dr.
Hawes, who was rather unceremoniously
called upon to make speech, on the oc.
cssion Of the designation Of missionary,
thus Doctor. they want you to 60 in
and make a speech" What do they
want me to make speech about ?''
"They want you to tell the missionary
what to do when he gets to Africa"
Co." replied the doctor, " and tell them
to send a man who knows what to do
when occasion requires" The doctors
judicious reply is applicable in all human
transactions Hero, king of Syracuse,
had given certain quantity of gold to a
jeweler to make crown, and he suspec-
ted the artist had purloined a portion Of
the gold and substituted silver in its stead
Archimedes, relative Of the king, was
requested to point out method OF deter
mining how much gold had been pur-
loined, and how much silver substituted
No method was then known, and the doc
trines of hydrostatics were by him inven-
ted as u necessity, to determine, without
spelling it, how much gold and how much
silver was contained in the crown. The
necessity of the most extensive learning
to lawyer is also finely illustrated in the
case of Hon. Geo. p. Marsh, who was sent
by our government to Greece, a minister
plenipotentiary, to adjust some existing
difficulty When be arrived there, the
Greeks were found wholly ignorant of the
principles of international law, upon which
the matter depended, and consequently
unwilling to adjust the difficulty upon
any equitable terms. Obliged to act il
the capacity Of both lawyer and states
man, Mr.. Marsh at once sent to England
procured volume of approved interna
tional law, translated it into the Greek
tongue, and published it for the occasion
then existing. The result was to his hon
or both natural and inevitable. These
cases have been selected for the purpos.
of determining the inquiry with which W,
began, and we feel sure that at the pres
ent time in none Of the professions, exten
sive research and ripe scholarship coulG
be more useful Much Of the litigation
before our courts is mere banter, and tn,
pleading Of specious sophistry is suitet