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And what, pray, is a pettifogger nant suggestions sown deeply in every A coxcomb, ignorant and vain,
thinking mind amongst us. Who has as little law as brain; Who's ever dangling round the “ Hall,” “ The exterior forms which we see the And there the busiest of them all ;
Legal Profession assume are the image of Whom yet you, in the crowded street,
the progressive establishment of that class. With books and briefs, are sure to meet : At first we find them giving counsel in (Briefs folded in symmetric shape, certain specific cases ; co-operating in Inscription fair and lying tape;
the trial of a cause ; directing respectThe court and client, of course, of rank)
ing the regular forms of Procedure; Briefs, like the bearer, inly blank.
their earliest essays in the literature of the But mark him the thronged court-room en law are collections of rules, and treatises
ter! Elbowing forward to the centre,
upon the mere formalities of Practice. By
little and little their labors take a more “My privilege” writ on his face,
elevated character. Science begins to He takes the most conspicuous place. evolve itsell, and to have its theory and its Or it may be the judge must hear,
application: its theory in the doctrines set Some nothing with a martyred ear
forth in elementary treatises and by oral Consulted, who will never deign
communication (such as lectures); its apTo pause. The case is good and plain ;
plication in the decision of the tribunals And has its merits or its flaws
which are now become widely different According to the fees, not laws.
from the primitive popular judgments, To ponder would betray the quack,
(our jury system,) through the scientific So he decides ab hoc, ab hac
knowledge of the Judges and the systemWho listens while he talks, intent
atic usages which establish themselves tra. Upon his voice, not argument
ditionally in permanent colleges (such as Who's loud and long in self-applause,
the law Faculties of Germany, and with (His favorite and familiar cause)
us, in a sort, the Legal Profession.”)
[Here we ask the reader to favor us And laughs almost before he spoke
by turning to page 258, and comparing Whose “urgent business” never ends,
our deductions, à priori, respecting the 'Mongst parties, places, clients, friends. Profession, with the historical account of Has every Beauty his admirer,
its triple form, above signalized, in the Whom he can have, if he desire her; italicized passages. Also, to reflect, in So that he scarce a breath can draw, which of the periods of Juridical devel. 'Twixt suits at love and suits at law.
opment, designated in the sequel of the In fine, a giddy, brainless elf,
sentence, are to be placed the actual An endless prater 'bout himself;
jurists and jurisprudence of England and In all things for a wit would pass,
the United States—in the practical and But is, in truth, in all an A-ss.
primitive, or in the scientific and sys. tematic? The facts ought to bring sor.
row to the breast or at least shame to the Note, page 258.—This opinion we brow of Americans especially, whether have pleasure and pride in being enabled, lawyers or laymen; who pretend (as, of since the text was written, to confirm course, in patriotism bound) that we are from an authority of the first order on the most advanced and enlightened peothis subject, the profound and learned ple of the most enlightened age that the Savigny. Nor is it alone as to the influ. world has witnessed. These facts un. ence of the legal Profession upon the deniably are, that as to our law-writers, form and growth of the laws that we the English inclusive—they are still perceive ourselves to be in flattering co- mainly the mere compilers and comincidence with this distinguished jurist; mentators of technical formulas and tradiwe are also borne out by him substan- tional usages—the very verbosa simulatially in the speculation hazarded in the tio prudentiæ of the college of Pontiffs, fore part of the preceding paper, concern- the Profession at Rome, in the infancy ing the natural Origin, Order of develop- of the republic; until; as Cicero adds ment, and Division of its functions. His pleasantly, one Flavius, a copyist of remarks upon both these points we shall theirs, came to supplant them in the translate in full, as they conveniently traffic, having filched their wisdom from occur in the same passage. Not, how the wily lawmongers; and as respects ever, from vanity, we trust; but because the Jurisprudence, that ours, at least in we would have their pertinent and preg. part, is still formed by tribunals such
precisely as decided in the woods of Ger- averse to either ceremony or complexity, inany in the days of Tacitus, and decide are utterly at a loss to conceive what the at this day in the wilds of Arabia. The English mean by wheeling into operaonly advance we appear to have made is tion its ponderous machinery upon occathe application of the representative prin- sion of every petty, pecuniary litigation. ciple; as the jury Inight be regarded a But as such guarantee it has, obviously, sort of select committee of the primitive no application under our institutionstribunal of the whole people. And here least none that does not better belong we are, in the middle of the nineteenth to the Executive prerogative of grace. century, with our juridical, vying with This is not written from any particular the newspaper, writers in chanting pæons hostility to the institution of jury-trial; of eulogy to this crude tribunal; which, but it is of the utmost importance to miss while necessary, we admit, in its time, no opportunity of exposing that purand not only that, but useful in devel. blind packhorse pertinacity with which oping the materials of a jural system, mankind in general will jog on beneath yet now that those materials oppress by the crudities, become iniquities, of their their multitude, can serve but as an eter- early history; and, more preposterous nal inlet to disorder, an obstacle the still, the pride wherewith a certain varimore to all system, the despair of all ety of it vaunts itself upon institutions science! We, moreover, retain this in- and usages, which, if only heard of for cumbrance and expense incalculable, the first time as prevailing in China or public and private, for not one sound New Holland, would probably have reason, at least in civil causes-save and passed through every newspaper in the except the usual mos majorum of Eng- land as proof demonstrative ihat the Chilish precedent. Even the English them nese were not only actual barbarians, selves have continued it in the civil de- but absolutely incapable of civilization.'] partment only because of the accidental But to return to Savigny, who proceeds, services, in criminal inatters, against the with reference to the more immediate past persecutions of the crown. A tribu. subject of this note. “ Thus, then," (as nal which has often protected (legally or he was describing) “the jurists exert a otherwise) the lives of " free-born Eng. two-fold influence upon the formation of lishmen” was concluded to be of course the laws: one creative and direct ; for, the best possible to adjudicate in all tribu. uniting in their body nearly the whole nals whatever— without regard to the dif- intellectual activity of the nation, they ference of parties, the purpose of the continue as its representatives : the desuit, or the circumstances of the times. velopment of the laws; the other purely This might be characterized as the An. scientific, for they gather materials from glo-Saxon mode of generalization, of the various sources to compose the Jural which we have a good illustration in the system, and digest it into the arrangement logic of Phædrus’ ass, who refused to and precision of logical form. This lateat barley, alleging sagaciously that he ter function of the jurists would seem to observed the hogs that were fed up- place them in a position of dependence, on it to have been always killed. But and as if having to act upon a given subin retaining the jury system we seem to ject-matter, whatever it might be. But have improved (in absurdity) upon this the scientific form wherewith they stamp English and assinine reasoning. Under it, tending unceasingly to develope and the constitution of England, the jury in complete its unity, reacts upon the body criminal cases is of real value as a politi- of the laws itself, gives it a new organic cal guarantee ; it is accordingly in this life, and science becomes a new constitulight that the thoughtful Germans re tional element, a new agency, for its ingard it, who, though not remarkably definite extension and application. A
* Speaking of the newspapers, we have noticed in one, this morning, a case fully in point. The learned correspondent who represents the Courier & Enquirer in the Convention at Albany, writing of some proceedings respecting the Indians, states that these people refused the representative principle of government ; from which he sagely infers the race to be incapable of our self-government and civilization-or something to that effect. Now it seems unfortunate for this inference that our own Anglo-Saxon forefathers, not many centuries ago, did exactly the same thing; that most of the populations of Europe had long deemed this privilege" a burihen; and that there are possibly, even at this day, millions on the same continent who would refuse it as perversely as the Indians. Decidedly, this writer is an Anglo-Saxon Americanized.
glance will suffice to see the utility and and passed into practical life. The freeimportance of this reaction of science upon dom and variety of forms which they emthe Jural system.”
ploy professionally, permits them to show [We will again interrupt the author to the identity existing between the abstract remark, that here is the idea of codifica- rule and the life-giving principle of Justion. The laws of a country, well codi- tice--an identity which gives birth to the fied, would correspond, at least approxi. law, but which is not immediately visible. matively, to the state of the physical Thus the scientific method of the Jurists sciences, when, from being experiment- -by means of interpretation—at once al, they become deductive—that is to say, facilitates the application of the law and properly, science, The organic life which assures its consistency and empire." Savigny speaks of as being a property of In the foregoing exposition of the vathis state of the Jural system, we may rious and vast influence operated by the conceive some idea of from the analogous Legal Profession upon the laws-an exproperties of geometry : in which, from position, which besides the objects for a few simple principles we may deduce which, more immediately, it was adduced, infallibly, not only all the cases (of figure) will be seen to confirin the importance that are likely to occur to us in real life, which it has.been the purpose of the prebut all that may or possibly can occur in ceeding paper to inculcate, of purifying an eternity of ages. We do not mean to and elevating and enlightening that influsay that in the jural science, contingency ence--we shall add the succeeding paracan he entirely eliminated; we do say graph of Savigny, as a conclusive and that it can be included, and that it will seasonable answer to those among us thus, upon occasion, be always re- who would denounce this influence and ducible to principle, by means of a proper destroy the profession itself as an unwar. method. Îhis method is a system of in- rantable monopoly. terpretation. Will those who talk in our “ We see, then, that the lawyers have Convention, or who think out of it, of over the formation of the laws an influ. providing us a code, vouchsafe to ponderence of great extent. Those who depreupon these few leading ideas ?]
cate this influence as an unjust privilege, “ If we examine” (continues Savigny) would not be without good reason, did " the relations of the Legal Profession to the lawyers constitute a caste not accessithe confection of the Laws, we find them ble to all. But as every man may become of more than one kind. In the first place, a Jurisconsult, by going through the rethe decisions of the Courts, elaborated by quisite studies, the privilege comes to its discussion, are, like the early popular this, that he who devotes to the pursuits of jurisprudence, materials for the legislator: the law the labors of a whole life, may, by again, the special nature of the lawyers' virtue of his superior attainments, exercise knowledge exercises upon the laws vari- upon its formation a more than the comous degrees of influence. It is they, mon influence.”—SAVIGNY. System des moreover, by whom the laws are applied heutigen Römischen Rechts. Kap. 2. § 14.
PASSAGES FROM THE LIFE OF A MEDICAL ECLECTIC.-NO. IV.
The cares and duties and facts of line had been deeply interested in an arLife are sad foes of the Ideal. The stern ticle of his in the Magazine. worker has little time for fancies, how. Her fancy was charmed and her heart ever pleasant they may be to him. The thrilled, when she learned that she was Physician has less occasion than all oth- likely to meet at the party the daring ers to draw on his fancy for material to young genius who had dazzled and capiudulge his sympathy. He sees men and tivated her woman's head and heart. women as they are. The noblest and She looked forward to the wished-for truest are weak and sick. He sees their evening as to an era that she might weakness without feeling it, for they are reckon from, as devotees reckon from not placed in antagonism to him, conse Saints' days, and nations from victories. quently he judges them calmly, without Caroline was already half in love with any of the prejudice with which wound an ideal idol, who was, in her mind, a ed feeling almost always blurs the clear sort of lay figure adorned with wreaths est sight. The man who with noble en. and chaplets, formed from the beautiful ergies, all misapplied, or running riot in article of the Magazine. She wrong, has dissipated his fortune, dis wondered whether her hero would look graced his family, and destroyed his as she expected. Was he tall, with health, is often a noble ruin which the dark, deep eyes, an Apollo's face, (which Physician contemplates with deepest is not hirsute, good reader,) with a black sympathy and most intense interest. He cloud of hair that seemed stolen from a bas no personal wrong to disturb the thunder-storm? Was he elegant but not flow of his kindly feelings. And then foppish in his dress, and was his manner it is by no means unfavorable to the ten- perfectly dignified and yet perfectly poderest sympathy that we know all the lite? Čaroline settled it that he would sins and sufferings of those about us. I be all this and much more, like the recollect an illustration of this truth. Dutchman's dollar-bill which he wished There was a young lady, a daughter of to exchange for some of the good things a friend, one of the few on whom I ever of a shop-keeper who doubted its genumade an unprofessional call. She in- ineness. “ Is this bill coot enough ?" terested me strongly, for she had that said the shop-keeper. “Yes, it is better sort of beauty which we involuntarily as good,” replied the customer. The decree to be the “divine right” of Kings long wished for evening came. Caroline and Queens. She was a glorious girl had dressed herself in a manner not to and looked regal in velvet. But I never be seen, not to be noticed a second time really loved her till my profession gave for anything but herself, and she looked me the key to her heart. Then the com. at the reflection of her elegant beauty monest occurrences became of import- and its simple unadorning with much ance to me when connected with her.
pleasure. Yes, it must be confessed that I remember her at a party where she she had sufficient taste and appreciation was queen of the night. How many of the beautiful to admire the fair, high slight acts then which were almost un- brow, the lustrous eyes, the rich, darknoticed, rose before me in after years chesnut curls, the snowy throat, the with terrible explanations, and showed majestic form and pure white dress of themselves, like the invisible contagion Caroline Templeton. And I admired of small-pox and the invisible poison on them too. I looked at her a great deal the dagger's point, to be most powerful that evening. I little thought then how
I remember on one occasion at many consequences lay folded in those a party poor Caroline was cruelly hurt light hours that I spent in admiring Miss by an incident which, under certain cir. Templeton and listening to her sarcastic cumstances, might have been forgotten account of her introduction to the hero in an hour, but which proved to be the of her dreams and the Magazine. germ of indescribable suffering. A young Cloudsley Wentworth was the horror gentleman of wonderful power was pres- of all regular, methodical, good people. ent at the party. He had just begun to He was the puzzle of the wise, and almake himself famous as a writer. Caro- most unknown to himself; though, bad
his knowledge of himself equaled his sonable reasons that were influencing faith in his own power, he would have “the good-for-nothing” Cloudsley Wentbeen much wiser than common mortals. worth. She waited in vain; her heart He knew that Miss Templeton was a fluttered for nought. Wentworth took beauty and a belle. He thought her a no more notice of her, secretly congratucoquette, a very heartless one. He was lating himself that he had humbled one right and wrong in his opinion. Caro- who deserved it. At first Caroline was line was too much the creature of the fluttered and impatient; by degrees she circumstances that surrounded her. She grew vexed; at length she was very anloved to enjoy the power that her beauty gry; and she ended by nursing a viper gave her. She loved to bask in the hate in her heart. · He has insulted blaze of admiration; but beneath all woman in me,” said she, and she felt that this, she had a deep, warm heart. How she had a right to feel the corporate true it is that we tend to be what we are hate of the sex toward Cloudsley Wenttaken for. Tell a man that he is a worth, a man whom ten words and one wretch and ten to one he will become a of his own smiles would have made her hateful wretch, for he will hate you for worship. As it was, she instinctively your plain dealing or ill will as the case sought me for her confessor and com. may be. But Cloudsley Wentworth was forter. I was vexed with the fellow, young and proud, and his vanity was and could almost have found it in my deeper and broader than his experience. heart to have given him calomel or canHe took it for granted that Caroline tharides, or to have let his proud, bad Templeton was a vain and beautiful co- blood out of his veins. But I soon forquette who sadly needed humbling; and got the incident. Not so Caroline. If in the plenitude of his youthful conse she had lived to the good old
age quence he concluded that the duty of Mrs. Methuselah she would have kept humbling her belonged to him-nay, that the slight in her memory fresh and keen it was imperative upon him. So when as the newly broken dagger's point. he drew near the beautiful girl, who, Again I saw these bright creatures with a beating heart, was awaiting an meet, but both were changed. Wentintroduction to one who was already the worth in the recklessness of power had finest picture in her dream-land, he de- acted imprudently, at times wickedly. termined on being guilty of a most un. He had drunk, gamed, and brought his gallant and ungentlemanly act. Caro. worthy, widowed mother into some diffiline was gazing rather furtively at his culty by his extravagance. There had fine, manly face. He was more beauti- always been two parties amongst those ful than she had painted him, even with who took note of the young genius. the partial pencil of her fancy. His dark One party praised him too highly, the hair lay in masses of rich curls on a other condemned him quite too severely. forehead so expanded that the hair was He was now on the verge of outlawry a happy relief. Caroline looked up at with all parties. The scale of his social him as he stood in the pride and strength fate hung trembling, and it seemed that of his manhood, and she almost envied the mall dust the balance would her friend Miss Carson, on whose arm decide against him. But he went to the Wentworth lightly laid his finger, to al party in a stern spirit of defiance. Carotract her notice to a question he was line was now the acknowledged queen of about to ask. Miss Carson turned and our circle. Wentworth was too republiintroduced Miss Templeton to Mr. Went. can to acknowledge queens or kings, worth. A thrill of joy went to the heart and least of all was he disposed to acof Caroline as Wentworth bent his head knowledge Miss Templeton. He was gracefully but with hurried politeness quite conscious of what he had lost and toward her, “Your servant, madam," of what she had gained, but he approachsaid he, and turning instantly to a very
ed the circle where she was standing, common-place woman near him, he com • bright with beauty and girt with pow. menced an apparently earnest conversa er," with a haughty coldness, and at the tion with her. Caroline thought, surely same time the purpose to treat her as an he is only detained for a moment. He
He equal, an acquaintance. Perhaps half cannot do so rude a thing as to “cut” a unconsciously he wished, even then, that lady whom he does not know at all, and there had been no cloud between them, can therefore have no reason for avoid. for beauty and strength always won his ing. Little did she know of the unrea. admiration. “Good evening, Miss Tem