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they have always lacked that spirit-Bar to entrust with the management of its and Bench-which appears in ihe strug. affairs, from the vulgar notion of incomgles, almost yearly, that have been waged patibility between business capacity and by the Profession in France for the dig. learning. There are other considerations, nity of the Order-struggles in which many of them peculiar to the vicissitudes Kings, even the bravest and the most ab- of English history. But the capital, solute,* that have ascended that throne, though a negative, cause of the inferiority have had 10 surrender. And as to their of the English Bar is the want of a discipaccomplishments of intellect, where are linary organization. With this, all, or the fruits? Is there a single production of much at least, of the rest would bave folan English jurisconsult, fon the subjects of lowed. This it is mainly that has made civil science, legislation or general juris- the French Bar what we have seen, and prudence, of any note or applicability be- maintained it such for centuries. To yond the precincts of the “ four seas?” which we would add an admirable usage Where are the Cujases, the Vöets, the whereby it was powerfully seconded; Domats, the D’Agesseaus, the De Meyers, we mean the addresses termed “ Mercuthe Montesquieus, the Pothiers, the Vat- rials, which are pronounced to the astels of England ? Nor is it to be replied sembled Bar by the magistrate or judge that the Civil Law has been of no con at the opening of the Court Termssequence to English jurists. It may in especially the immortal discourses of truth be considered the jus gentium of D’Agesseau, which inspire the loftiest modern nations, in the Roman accepta- professional enthusiasm with all the elotion of this term ; that is to say, the law quence of Fenelon and the wisdom of naturally common to them all. Yet we Bacon. doubt if of English lawyers there be one But in England the Profession has alin fifty who could tell the distinction be ways been in a state of comparative an. tween the Code and the Digest of Justin- archy. It has been divided into several ian, or the difference between a rescript associations, not without analogy to the and a decree! How should it be other- burgess corporations of the barbarous wise? The English lawyers have al- ages. Such are the four societies of the ways been, individually, ill-educated, Inns of Court. Crude, however, as they corporately, ill-organized, and employed have been, in organization and objeci, upon a system of Jurisprudence and pro- they have proved of considerable service cedure out of whose mazes, once entered, to the Bar, especially in an intellectual it is impossible to ever re-ascend into respect. They have kept the line dis. the daylight of reason and principle. tinct between the mental and the manual Hence the English lawyers have been departments of the Profession-between happily characterized by the wit of the advocate and the attorney. By mainErasmus as, genus indoctorum doctis- taining the gradations of barrister and simum.
sergeant, they have proposed inducements It is natural to ask oneself how this for educational effort, objects for profeshas been suffered to continue to the pres- sional emulation. And these distinctions, ent day.
We should say a general with the cultivation requisite to attain cause is, the predominant commercial them, must react with a salutary influand trading character of the community; ence upon the probity and demeanor. which tends not only to degrade to the Now, discard these advantages and common mercenary standard the intel- you have the American Bar. Here we lectual pursuits in general, but, more, have dropped effectually the distinction over, discourages all intellectual devel- between counselor and attorney; nay, opment in a class of men whom it has with both the quality of solicitor is jum
* Henry IV. and Louis XV.
Bentham never practiced, and was in nothing an English lawyer. * Of which we are in the respect in question but an elongation of England, like her other colonies.
$ The reader may be curious to know the origin of this queer name. In the middle ages, the feudal mansion was called an Inn. Three or four of them in the (then) suburbs of London, were purchased by the societies of the Bar, to be used for meeting and business : hence, the Inns of Court. But the queer part is to come. When the Baronial hospitality gave way before the tavern-keeper, the laiter, taking up the magniloquent appellation, called his concern an “Inn :" both were places of general entertainment. The French term Hotel has undergone a similar transformation.
bled to boot, in the same individual. (if that be possible) than even the apAnd as to the grades of rank in the ad- prenticeship: Unmasked of technology, vocate, we have nothing of the kind. It it reminds one of the Canonical prois, doubtless, that we have been hitherto gramme of the middle ages, which began rather primitive, at least in mental con with_the interrogatory, “ Can you read dition, for any nice refinement in the di- the Four Gospels?” Nor does this revision of labor, or graduation of intel. semblance between the candidates end lectual capacity and culture. With this with the examination, but extends, quite negative representation, we should be naturally, to the professions for which happy to leave the actual character and such examinations could be held to qualcondition of our bar to the reader's infer- ify; as witness the following account of
But, in assuming to propose a the clerical body at the period alluded to, remedy, we have obliged ourselves by a sarcastic contemporary: Potius ded(however invidious it may prove) to es iti (says Alanus) guæ quam glossa, potablish more positively the state of the tius coLLIGUNT Libras quam LEGUNT LIpatient.
BROS, &c. Our examinations of at least The defects of the bar in this country the candidates for attorneyship, are exmay, for the present objects, be loosely clusively upon Court rules and mere classified under two heads: Defects of Practice. But besides being technicalPreparatory Education, Defects of Pro as comports possibly with the ordinary fessional Discipline.
capacity of the examiners- they are beIn truth, we can hardly be said to come so trite, that collections of the have anything of a special education at whole set, in manuscript, with the proall for this profession. The statutory per answers appended, are known to be provisions to that effect are notoriously common among our Law students. So waste-paper. The fact, the practice is that the examination is reducible to a this: A boy, say from 12 to 16 years of few hours' effort of mere memory: The age, with the common-school accomplish. writer can say, for his own part, that the plishment in reading, writing and sum of his preparation with immediate arithmetic,” enters an attorney's office; reference to this ordeal, was made within which he perhaps sweeps for the first the single week preceding the event. two years. The balance of the appren. Nor did he avail himself, in this feat, ticeship to seven years (the legal term of the examination-made-easy catechism in this State for students of this descrip- alluded to, but of the intelligent and metion) is instructively occupied in copying thodical treatise of Mr. Burril
, on Pracover a thousand times the same cabalistic tice. It may be retorted, the practical forms, “ running errands,” and—swear- proficiency was probably proportionable. ing to affidavits. His studies do not Well, we will not gainsay an objection often transcend the “ Clerk's Assistant,” which only fortifies our argument. In and any instruction he receives relates fine, we think the actual scheme of Legal but to the theory of “making up a bill examination (and implicitly of course, of of costs”, according to his equivocal ex- education) is well hit off in the following pertness in which is estimated his profi- sketch, from a newspaper, which (for ciency and bis promise in the Profes- decency, doubtless) places the scene in sion. After this profound and edifying the wild South-West. initiation, he emerges a dapper Attorney “ Judge P.,” said Mr. C.'s friend, “ is at-Law! This may be an extreme, but now in the village; will you go and it is neverthless, we aver, a common, stand your examination ? case. The necessary consequences, mor Of course C. consented. He had been al as well as mental, upon a considera- for several days anxiously waiting for ble portion of our bar directly, and indi- the Judge at the Exchange, alias rectly, by reflection, upon the reputation groggery, alias doggery. After the introof the whole body, we leave the plain duction the Judge said : sense or the personal experience of the “Well, Mr. Č., you want to be exampublic to determine. As to the colle. ined for admittance to the bar.” “ Yes, giate diploma receivable in lieu of a por- sir.” “Well
, sir, let us take something tion of this period, we all know it to be to drink : barkeeper, give us two juleps. obtained commonly by persons incapable Mr. C. can you swim ?” “ Yes, sir, I of reading its contents in Latin.
can,” said C., greatly surprised. “Well, For the supplementary guaranty of sir, let's take another drink : barkeeper, our Examination is a still greater “sham” two cocktails.” The cocktails vanished,
and the judge said : “ Mr. C., have you day. We are glad to see the impulse got a horse
Certainly, sir,” said c. given her by Bentham and his disciples in “Very good,” said the Judge, as soberly the career of reforming the laws has reachas though charging a grand jury. Mr. ed at last to the amelioration of the lawC., if you please, we'll take a drink: yers also. An act of Parliament was passbarkeeper, two toddies.” The toddies ed, last year we believe, imposing audi. disappeared, and C. owns he began to tional restrictions upon the admission of feel rather queer.
Mr. C., said the attorneys and solicitors. And, even at the Judge, can your horse swim?” “ Yes, Inns of Court--think of it, reader !--the sir, he can, for I have tried him from ne order of the day seems to be Legal Educessity.” “ Then, sir,” said the Judge, cation. One of them—the Middle Temwith increasing gravity,“ your horse can ple—had recently a committee to “ conswim, and you can swim, and by G-d, sider of the best means of promoting the I think you are well qualified for an Al- legal education of the students of their abama lawyer. Give me your commis- House.” The following result we transsion, and I will sign it. Meanwhile, fer from its sensible Report-knowing barkeeper, give us two punches, for my that an English example will be of more friend Mr. C. and myself. Mr. C.” con
effect with those we address than any. tinued the Judge, “I drink success to thing we could here add ourselves upon your adinission to the Bar.”
the subject-- though backed beside with This may be actual fiction, but it is the authority of France and Germany ideal truth.
and reason united. As to our second head, the Defects of Discipline-we should have said rather, the inquiry directed them, as to the means
“ Your Committee, having entered on the absence of any. Yet, we repeat the
to be adopted for promoting the legal importance oi this to both the profession education of the Students, recommend and the public is incalculable. This that the steps to be taken by the Middle alone can purify the one, alone protect Temple should be such as are best adapted the other, from those disreputable prac- for the commencement of a sound and comtitioners, who will always flourish if left prehensive legal education ; for they have unbranded by an authoritative moral re reason to hope that the plan, thus rightly probation; as long, at least, as there will begun, will be followed out and completed be dishonest clients to employ them in by the proceedings of the other Societies : preference. In short, this discipline ly established by the several Inns shall
so that the institutions which will be finalwould ultimately ensure the character, afford to the students collectively a comthe capacity, and public consideration so plete course of legal instruction. invaluable-especially under popular in “ The Committee have also adverted to stitutions--in a body who must have, for the acknowledged deficiency which has good or ill, so large a part, not merely in long been felt to exist in the education of the administration, but also in the forma. English lawyers, in consequence of their tion* of the laws.
entire neglect of the study of JurispruHaving, in the preceding historical sur
dence and the Civil Law; although in all vey, proposed a model of professional places where the law has been or is taught (and quite practicable) excellence, and
as a science, these subjects have uniformly pointed out the deficiency of our own bar formed the first and one of the most essenfrom that standard, there remains but to
tial parts of legal education. From these
and inany other reasons to the like effect, suggest some method of mending our sit- the Committee are induced to recommend uation. The means which gave the pro- that the first step for the promotion of lefession character and efficiency in the gal education to be taken by the House, past, we have also been careful to signal. should be the appointment of a Reader on ize and appreciate; and, as the result, we Jurisprudence and the Civil Law. To il. would recommend this two-fold expedi. lustrate the benefits which would result ent:--Elevation (by law) of the present to the Students from such an appointment, grade of Legal Education, and Organiza. it may be well to explain the sense in which tion (by association) of the Bar.
the Committee use the terms, Civil Law Not only are we far behind England
and Jurisprudence: and their consequent as England is behind the rest of civilized expectation of the province and duties of
the Lecturer. Europe, in this legal education-but she
By the term Jurisprudence the Comis leaving us still farther behind every mittee mean General Jurisprudence, as dis
* See Note at the end of this Article.
tinguished from the particular Jurispru- here is the French organization. Of this dence of any individual nation; and which, we present a brief outline, in the fond in further explanation of their meaning, hope that those members of the profesthey would divide into Positive Jurispru- sion--and we know of such in this city*dence, or the philosophy of Positive Law, who are sensible of the want and of the and Comparative Jurisprudence, or the exhibition of the principles of Positive Law importance of some such measure, may in an embodied form, by a comparison of take it into active consideration. the Jurisprudence of modern nations. In
This species of moral government was the first they would have the Lecturer also formerly a representative republic, but include the most important subject of the was, as we have said, emperialized by
Interpretation of Laws,' and under the lat. Napoleon. It consists of a President, ter head of Comparative Jurisprudence, (called Batonnier) with a Secretary, and the Conflict of Laws,' may be properly à body called the Council of Discipline. comprised. “By the term Civil Law the Committee minated by the Order of Advocates from
This body, anciently elected, is now nowish to indicate what may be called “Mo- the oldest and the most distinguished dern Roman Law, that is to say those por: members of the order, and in number protions of the Civil Law which being of a universal character, and applicable to the portionate to that of the constituency, that relations of modern society, have formed is, of the bar of the particular city or disthe basis of the Jurisprudence of many (of trict. Nominations are made to double the) continental nations, and entered so the number of the Council, and a list of largely into our own.
them is presented to the king's Attorney• The Committee are of opinion that the General, who elects from it the requisite study of the theory of the Civil Law may number. The qualification of an advobe most advantageously combined with the study of Jurisprudence, and that the two mined by the registration of his name on
cate to vote on this nomination is deterunited will furnish the best means of pre- the roll (tableau) of the Order. paratory legal culture, and the formation of an enlarged and comprehensive legal
The attributions of the Council are, mind.”
first, to decide upon the differences rela
tive to the registration just mentioned. The details go on to recommend the Second, to exercise the surveillance immediate appointment of this Lecturer, which the honor and interests of the who should be either a Barrister or a doc. Order may require. Third, to execute tor of the Civil Law; that he should de. the disciplinary measures authorized by liver a year “three terminal courses, and the rules of the Order. that he should receive three hundred gui The sanction, the penal authority, is neas from the Society, besides one guinea merely moral. The penalties are: ad. from each Student for each terminal vice--reprimand-temporary suspension course.” This Report has been adopted, -erasement from the roll. The suspenand the Lectures commence, it seems, sion cannot exceed the term of one year. next October, the time in!ervening being From sentence of expulsion, there is an allowed for the composition of them. appeal to the supreme Court. No penalty
This is, decidedly, an important move. can be imposed without having given ment. Not that we regard the plan of timely notice to the accused, and heard Lectures as the best, in the circumstances. his defence fully and fairly, if he desire But it will lead to a better. The essential it, before a general assembly of the order, point was, that English lawyers should There are various other regulations and come at last to feel and own their dis- specifications, for which we have not graceful deficiency–a deficiency, by the place, nor are they much to the immeway, sufficiently betrayed in this commit. diate purpose. tee's acceptation of the term jurisprudence, With respect to the former article of and others, to say nothing of the general the proposed professional reform-the style. May we not expect ours to go and education--the fitness of any adequate do likewise ?
system would depend essentially on the With reference to the other point-of event of a measure now under consideradiscipline—there is nothing worth bor- tion in the Convention of this state-we rowing from the English. Our model mean, codification of the laws. The exe
* As distinguished among them for repeated efforts and unwearied zeal in this cause, we take pleasure in naming Mr. John Anthon.
cution of this grand project would bring is now the power, the influence (even for about more fundamental changes in the evil) of the Syllas, the Scipios, the Cæconstitution and general character of the sars, of Rome; while the illustrious line profession, than may be readily imagined. of her jurisconsults still hold aloft the As to the plan of association, it should be imperial banner, inscribed with that moved in without delay; its effects would proudest of her mottoes—tu regere (jure) be equally applicable to all events. populos, Romane, memento-and will
In conclusion, may we indulge the transmit it with widening sway to the hope, that the no small labor which the latest posterity. foregoing pages have cost us will not be Yes, we shall one day have a profesentirely lost. It cannot be that there is sion to feel, and a public to encourage, not spirit enough in the profession itself this ambition. But they must be constito seek its rescue from the condition to tuted very differently, we fear, from the which it is degraded amongst us: the con present generation of either. The former dition of a trade-of a disreputable trade. will not have the depraving lust of moIt cannot be that there is not intelligence ney-making for their exclusive rule of to conceive, and patriotism, or at least professional conduct; nor will the public professional pride, to exult at its future sentiment receive with favor, in lieu of destiny in this country; for in no other learning and integrity, the mountebankarhas it ever had a field so fruitful, a pros. tifices resorted to by our promising young pect so glorious. The freedom that gave lawyers, “ to get business.” The maxim such fullness of development to the unri- of " success at the bar" will not then be valled jurisprudence of ancient Rome, we Danton's for warfare: “ De l'andace, enenjoy in a still higher degree than Rome. core de l'andace, toujours de l'andace," The invaluable example of that jurispru- which we shall translate : Impudence, dence is before us, which ought, in the still impudence, always impudence. This language of the poet's precept, to be our avowed “business-seeking ” would be daily and nightly study. We have addi- irretrievable disgrace, we believe, at any tionally to guide us some twenty centu- other bar in the civilized world than our ries more of the world's legislative expe own certainly in France, where the rience. But we have what is still more mere fopperies of this class are made the propitious to the subject in question than subject of comic ridicule. But we have all those advantages of instruction, per- been, we perceive, getting too gravehaps than all the efforts of human com we shall close with one of those portraits bination : for man invents nothing, in the of a pettifogger drawn in the times of strict sense of the word; accident and Louis XIV.; retouching it, in a running circumstances are the real parents of translation, according to our American whatever is absolutely new in his addi- variety of the original. tions to knowledge or to power; and genius, in the proudest of her achieve. “Qu'est-ce, dites-moi, que Damon l’Avo. ments, has been but the timely midwife Un fat, un ignorant balayant la grand-salle,
cat ? of teeming nature. The paramount and peculiar agency to which we allude, is Qui de papiers touts blancs a soin d'emplir
Qui par sa vanité croit que rien ne l’egale; the complicateness of our political system ; by whose sure, ceaseless, self-operative Qui decide de tout et ab hoc et ab hacaction must be evolved new aspects of Qui s' econte parler, qui s'applaudit luihuman rights, and wider views of the même, jural relations of mankind, than could be Pendarisant ses mots avec un soin exeven conceivable, out of our federative situation. Many of the most important Qui dans les entretiens tranche du bel esand fundamental of the physical laws that
Qui rit tout le premiere des sotises qu'il govern our globe, would have forever re
ditmained utterly unknown to us, were they Qui respecte lui seul sa mine de poupee, not obtruded upon our notice by its posi- Le matin est en robe et le soir en epée; tion as a member of the planetary system. Etourdi, dissipé and parleur-un mot,
The mission of the Legal Profession-- Qui partout fait l'habile et partout n'est among the highest, under any circum
qu'un sot." stances-offers, then, to the American
Lafont. Les Freres Rivaux. jurist the noblest objects of human ambi. tion. The noblest, because the most be Which may-pace Thaliæ-be renaignant and the most enduring. Where dered freely as follows:
son sac ;