ty, under the law of legal tenures, of real estate; and this cannot be without a knowledge of geometry, and the doctrine of angles. Having incidentally made these observations I go on to observe, that the citadel of the law must be taken, if I may so express myself, by regular approaches; the difficulties of it must be encountered at long shot. Or, to lay aside a figure, the acquisition of this science must be rendered easy in the first advances to it, by a gradual introduction. History, ethics, and the constitution of government, or politics, is a natural and easy introduction to a science which is built upon these. And applying more immediately to what is called jurisprudence itself; and, especially our own municipal law, much will depend in gaining the attention, and facilitating the progress of the student, from the course of reading that is pointed out; under, which I would recommend, the taking these commentaries* as a last task; and to read, and re-read with a reference to the authorities cited; and to others which may be noted; or to which he may be directed; essays and tracts, or particular adjudications. But the taking up abridgments and reports, and reading them flush through, is a waste of time; there is little left impressed upon the memory. By such introduction and course of study as I have hinted at, rising like an inclined plane, the ascent to the summit is facilitated, which, when once gained, the hill top is pleasant, and it becomes delightful to look down upon the difficulties passed. It is under this image that the progress to a habit of virtuous action, is represented by the poet according to the translation of some one : "Vices in throngs we may take in with ease, * Blackstone's. † Hesiod. But this I would not apply in such strong terms to the study of the science of the law, provided that the introduction to it has been, by taking advantage of the hill, as those who make roads; and, by ascending obliquely, attain eminence. In proportion as a proficiency is made in any science, or art, a taste is acquired for it; and it becomes not only easy, but pleasant; nor if skilfully managed, as has been hinted, are the first steps to the attainment of this science, so painful and laborious as they were wont to be, before this fine outline has been given in these commentaries of Blackstone; and when the student was under the necessity of encountering, in the first instance, the black letter of abridgments; or in the Norman French, the precedents of pleadings, and reports of the law. Even the black letter of Coke upon Littleton, at a more modern period, was discouraging to the tyro; and it was no wonder that many were drawn off from the task, and failed in attaining the profession. I am aware that there is danger of too much indulgence in polite literature, so as to draw away from the necessary application to what is technical in the law; and yet without which the conduct of a suit, and an accurate knowledge of practice, as well as principles of common law, or statute, is not attainable. But the medium of an application to one and the other of these, must be aimed at. I have known a person who was so strongly attached to general learning and the belles lettres, that it become almost impossible to attach himself to the profound research of legal questions, and the deep study of science, so that he was under the necessity of retiring, for a time, from all opportunity of libraries, in order to become a lawyer; or to be in the way of becoming one. When a competent legal knowledge shall have been obtained, so as to be admitted to the bar, it is a vulgar error to suppose that any acquirement, or even natural advantage, is substantially to be depended upon, but the being master of the science. Mere genius goes but a little way in making a lawyer; there must be a plodding; and hence it is that the plodding student will oftentimes reach the goal, when more C lively talents will not. It must be kept in mind, that general and liberal learning, is but an introduction, and a great embellishment and help; but without something like correct information, and knowledge of the science, the professional man may be said to be infelix summa operis; and a court would rather hear him who has some depth of judgment, but without volubility, or grace of diction, than all, that vociferation, with the best manner can do, where there is but the vox et præterea nihil; and to a jury even, closeness and clearness, in the illustration of matter of fact, or law is all prevailing. With the client himself, it is felt as hitting the nail upon the head; though, with a bystander, who is not bound by oath to give attention, or led by interest to consider the effect upon the understanding, declamation may be more pleasing; and flourishes, and gesticulations, and the sounding brass, and tinkling cymbal of the voice. Of good speaking, the great secret is good sense, and a knowledge of the subject. Of good writing, it is said by the poet, Scribendi recte sapere est, et pricipium, et fons. So also it may be said of speaking well; and no man will speak ill, unless through some want of habit, or impediment of tongue, provided that he understands his subject. -Cui lecta potenter erit res, Nec facundia de eret hunc nec lucidus ordo. Thought is the body, and good expression the dress of thought. What is dress or ornament without a body? Hence the maxim, think twice before you speak once. The not thinking, sufficiently, induces surplusage and repetition; for a consciousness that a thing has not been well said, leads to an attempt to say it better. Thinking before hand supersedes the necessity of this; and it is delightful to hear one speak who comes well prepared; whose words are, in the language of the scripture, "As goads, and as nails fastened by the masters of assemblies." Every word tells, so to speak; and to use another phrase of the same scripture, there is no "vain babbling." There is nothing that has contributed so much to depreciate the character of the advocate at the bar, as loose, tedious harangues, which proceed from a defect of classical education; or a want of due meditation on the matter to be argued. It is a vulgar error, that forwardness and impudence is a qualification at the bar; on the contrary, modesty is characteristic of the ingenuous mind, and bespeaks talents; which is more likely to gain the attention of the court, as well as the public approbation, than assurance without good sense, and legal knowledge to support it. And, though noise and declamation, like a song, may please the uninformed suitors; yet when a man himself comes to be interested, and enquires for an able lawyer to defend his cause, he will look out for such as have a more solid eloquence. Whether owing to the abuse of speaking at the bar, or to other causes, certain it is, that there would seem to be some prejudgment against the profession of the law in Pennsylvania. That there are other causes, I must admit. The denomination of people called Quakers, amongst themselves called Friends, do not admit a practitioner of the law to be in full communion. It is a regulation of discipline, not to go to law, but to decide all matters of meum and tuum by reference to members of the religious body: this is deduced somewhat from the example of the primitive christians, as appears from the censure of a contrary conduct in some instances, by the apostle: "Brother goeth to law with brother, and that before unbelievers."*. With that body of people also who entertain the puritan doctrines, and who are the most numerous, presbyterians, &c. the name of lawyer is obnoxious; and, somewhat, from a text of scripture familiar to them: "Woe unto you also, ye lawyers; for ye load men with burthens grievous to be borne; and ye yourselves touch not the burthen with one of your fingers." But it is not considered that those of whom these words were spoken were Jewish lawyers; and, of the Jews, it has been proverbial, at all times, that they are griping and usurious. And even of the Jewish doctors, before this time, and rabbies, the prophets had denounced the cupidity and the exaction: "The heads thereof (speaking of the house of * 1 Cor. vi. 6. Luke xi. 46. Jacob) judge for reward, and the priests thereof teach for hire, and the prophets thereof divine for money."* But I will not conceal that even the lawyers of our own times, in this christian state, are not altogether free from the reproach of taking higher fees than may comport with humanity, in many instances. The Stat. 32 Hen. viii. c. 9, respecting champerty and maintenance has not been introduced; and the equality of condition, has doubtless been a reason of it; and, oftentimes, parties not monied, preferring to stipulate for something out of what was recoverable, or, the giving of something unconditional, has introduced the practice, with the profession, of taking what are called contingent fees. This, nevertheless, cannot but be unavoidably accompanied with an over tenacity in pursuing a claim by litigation in court, after it shall have appeared in the view of indifferent persons, to be without foundation. Appeals, writs of error, and motions for new trials, are the fruits of this. In England it would not seem allowable in counsel to bargain for a proportion of the damages;t "and even at common law there was a maintenance." But, in the case of an attorney, I have not known the common law, in this particular, introduced here. For, perhaps, owing to the scarcity of a circulating medium, at an early period, it was tolerated, and has become common. But I take it, the bulk of the profession, at least the more eminent, would not be unwilling to have it understood to be unlawful; for such bargains are often pressed upon them, and seldom where the client thinks his cause good. It seldom happens but that in case of a proposition of this nature, the suitor will keep back something very material in the statement that he gives, and on which the cause may turn. Nevertheless, notwithstanding, owing to these or other causes, there may be some drawback on the popularity of the profession; yet, in the nature of things, it cannot but *Mic. iii. 11. The law severely contrabands, Our taking business off men's hands......... Hud. |