be respectable. It is a proof of this, that it is perhaps too much coveted; persons applying themselves to the profession who cannot succeed in it: invita Minerva, and against nature. This results, in most instances, from parents designing their sons for a literary profession, whose particular genius they have not been able to ascertain. And it cannot be, in all cases, from a prospect of attaining great wealth, that the profession of the law is obtruded upon young persons. For though, with reasonable industry, a competent independence may be gained by the practice of the law, yet it seldom leads to great emolument. But the idea of knowledge gives power; and there is naturally associated with the idea of one skilled in the laws, that of power, in a government of laws. It cannot but occur to an individual, that he may have occasion for the assistance of an advocate, in defending his estate, or his reputation. For no man can be placed beyond the reach of being assailed, in both these respects. But, independent of any use to ourselves, the idea of superior information, and intellectual endowments, has a charm to the mind of man, from the love of excellence as we admire beauty in other matters. In proportion to the superiority of mind above body, the powers of intellect are valued. This is evident from the less estimation of a fine art in proportion as it is coupled with manual labour. Who would not rather be a Demosthenes than a Phidias? A degree of liberal knowledge is indispensable to the profession of the law, and the practitioner cannot but be supposed to possess more, in general, than the husbandman, the mechanic, or the merchant; though I must acknowledge that there are exceptions at the bar, as well as on the bench; mere clerks and notetakers, or whose minds are confined, in a great degree, to the narrow limits of technical learning, and, in their conversation, can talk of nothing but of John O'Nokes, or William Stiles, or John Doe, and Richard Roe. I can have no difficulty in saying which is the greatest, effort of the mind; the conducting an army or the management of a cause in court. Sallust,* who was himself a mili * Inprimis arduum videtur res gesta scribere. tary man, has made it a question, which of these requires the greatest talent, the task of the general, or that of the historian. Although I will allow that this may be made a question; yet I consider the framing a narrative, with all the philosophy that may be interspersed, which is the task of the historian, as far behind that of the orator. And I can have no conception of any thing approaching nearer the power of an angel, than the management of an argument with the human mind; requiring an intuitive knowledge of the heart to distinguish what can persuade: those resources of argument, which can lead the understanding; that presence of mind which gives a command of diction, and which, from sober reasoning, can ascend to the regions of imagination, and turn and wind the fiery Pegasus of fancy, descending or re-mounting as the subject may require; the orator in his lofty flights, like the eagle, Sailing with supreme dominion Great generalship requires great judgment; but not more than a game of chess. An equal judgment, and presence of mind is required in the orator; the surprise of sudden emergencies calls for the talents of a commander; but not less are displayed, though apparently of less magnitude, where, in the course of a trial, the evidence takes a sudden turn, and the front of your defence must be changed. It is the image of a field of battle. But to presence of mind and judgment, the faculty of eloquence must be superadded; that wonderful arrangement of ideas which must appear almost miraculous. An able lawyer could not but make a great general; but it does not follow that an able general would make a great lawyer; for the province is more extensive, and the task greater. A campaign or two will form a general; but the able lawyer is the work of years; viginti annorum lucubrationes. It behoves to begin early and to discipline the mind much. The dictum may be applied in this case; "he who is industrious to reach the * Gray. wished for goal has done and endured much in his early -years."* It is difficult to make up for the want of application in early years; under which want of application, the American youth chiefly labour. Owing to the indulgence of parents, and family education, there is a want of tone in the mental system, which it is not easy to restore in the academies, or produce. And even here, there is oftentimes a want of a discipline sufficiently rigid: on the contrary not only too loose a rein, but a superficial course of study. And after leaving the academies, sufficient preparation is not enjoined, or allowed for the gaining a knowledge of a profession; and this from an impatience to get forward, and to fly unfledged from the nest. Boys are men too soon, and therefore, always boys. We see the skilful husbandman repressing the luxuriance of his grass, by cutting; or lopping his tree, to give it base, and make it spread. The American genius is vigorous abundantly; but there is an impatience to appear, in the capacity of men, and to undertake a profession; which cannot but be in the way of attaining a great eminence. A lofty structure requires a deep and broad foundation. "Nor would Italy, says the poet, be raised higher by valour and feats of arms, than by its language, did not the fatigue and tediousness of using the file disgust every one." The not having the means of support in going through a regular course of education, and waiting a reasonable time for an admittance to the bar, is a reason with. many for this haste; but impatience is the cause with more. With those that want means, there is usually, industry and perseverance, to make up for this; but it requires industry and perseverance. A medium between easy and narrow cicumstances is desirable, but not the possession or prospect of an estate, * Qui Studet optatam cursu contingerc metam Multa tulit, fecitque puer. + Nec virtute foret clarisve potentius armis, Horace. independent of the practice. For when there is such a prospect, or possession, the necessary exertions cannot be excited that will make a lawyer. It may be said to be as easy, in the language of the scripture, with a view to another object, for a camel, or cable as some suppose it ought to be translated, to go through the eye of a needle, as for the son of a rich man to become a lawyer; or in fact almost any thing else that requires labour. Such must remain amongst those, the fruges consumere nati. The Novi homines, the res augustæ domi men can alone surmount the drudgery of acquiring a knowledge of the law; or sustain the practice. Were I to depict the making a man a lawyer, I would -change a little the image of that moral painting in the tablature of Cebes, where the virtuous man is represented as elimbing a rock, two female figures (sisters) self-government and perseverance, standing above, and extending their hands to encourage him. I would represent one clambering up a precipice, and poverty, like an old and ugly witch, with a fail, urging from below. "Duris in rebus urgens egestas." It is one advantage of the law of primogeniture in England, though working seeming hardship to younger sons; that they are put upon their own exertions; and with but little means are under the necessity of tasking all their faculties for their subsistence; and for enabling them to rise in the world. The church affords a living for some; and there is a prospect of becoming dignitaries. But the army, the navy, or the law, affords more generally a prospect of advancement. These require great exertions in order to be competent to the task; and necessity prompts, and calls forth all the powers of mind and body. Distinction is the consequence; and hence it is, that the history of the peerage of Great Brittain, contains an illustrious catalogue of those who have so risen. Elder brothers, who enjoy the estates at home, are little heard of but for their hospitality; their fox hunting; or as giving, what may be called a dumb vote, in parliament. Wealth is the bane of genius, while poverty is the preceptress. Ingenii largitor venter. Wealth with its concomitant luxu ry, is the destroyer of virtue; whether with an individual or a nation. The sentence that was pronounced upon Adam was not more a punishment than a preservative; a suffering than a medicine; "by the sweat of thy brow," &c. Labour and industry are the means necessary to restrain, and keep in subjection the passions. Adversity shews the necessity of the assistance of others, and must produce philanthropy in an ingenuous mind; and no greater secret can exist in getting forward in the practice of the law: civility and humility are popular qualities. It is the semblance of these that men affect when they court popularity for the sake of office, or advancement in the public councils. But the esse quam videri, is more easy, and at the same time, more natural. An honest and faithful defence of a client in a good cause, is perfectly consistent with that indignation which may be expressed against the claim of an adversary, and may call for it, with respect at the same time for his general character. What hinders the distinguishing the claim from the man; save so far as it is an evidence of his injustice in the particular case. But I speak of general benevolence to society, and respect shewn to high and low. This is better than clinging to a particular denomination of the religious, from worldly motives; or affecting fanaticism; or espousing a party in politics. For this must detract from a consciousness of sincerity in one's self; and lessen the respect of the discerning, who may question the motive. But what is the object of practice, but the acquisition of some estate; which, if wealth is an evil, ought to be avoided. The possession of wealth is neither good nor evil in itself; but immoderate wealth is the cause of self-indulgence, and the occasion of evil. This consideration ought to be a check on the cupidity of riches. I have seldom known a lawyer, or any man else who has left a great estate, that had a son, of much reputation, to succeed him. The pleasure of a gainful accumulation, is all that he has ever got for himself; and pride and sloth the sum of what he has acquired for his descendants. The want of motive to action is but ano D |