of continual distrust and alarm. To such a one, everything new is something odious: for he has been taught to approve of things, not because they are proper or right, but because he has seen them before. To such a one, the least deviation from even the most unessential form, appears equally fatal with the greatest departure from the most important principles: for they agree in the only circumstance, by which he can distinguish either: they are not within the sphere of his practice. Tied to the centre of precedent, he treads, for life, the same dull, and small, and uniform circle around it, without daring to view or to enjoy a single object on either side.

How very different is the situation of him, who ranges, not without rule, but without restraint, in the rich, the variegated, and the spacious fields of science! To his observation and research everything is open: he is accustomed to examine and to compare the appearances and the realities of things; to contemplate their beauty, to investigate their utility, and to admire the wonderful harmony, with which beauty and utility coincide. To him an object is not dangerous because it is new: he measures it by the correct standard of his principles: he discovers what purposes it is fitted to answer, and what other purposes it is fitted to destroy: he learns when to use it, and when to lay the use of it aside. The discovery of one improvement leads him to the discovery of another: the discovery of that other leads him, in delightful progression, to another still.

I am now to make some remarks concerning the character which a lawyer ought to support.

Laws and law-suits seem, in the apprehension of some, to be synonymous or nearly synonymous terms. In the opinion of such, the business and the character of a lawyer will be, to produce and to manage controversies at law. Part of the opinion may be admitted to be just. To man

age controversies at law, when they have been produced by another cause, is part of the business of a lawyer: to produce them is no part of it. Even to manage law-suits, though a part, is not the principal part, of a lawyer's business the principal part of his business is to prevent them. The professional pride of a lawyer is, that no controversy arises from any opinion which he gives, nor from the construction of any instrument which he draws. Like a skilful pilot, he has studied correctly the chart of the law: he has marked the places which are dangerous, as well as those which are safe. Like a pilot, honest and benevolent as well as skilful, he cautiously avoids every danger, and through the channels of security steers the fortunes of those, who intrust them to his care.

One reason, why the association between lawyers and law-suits is so strong in the minds of some people, may be this, that they never think of the former, till they are plunged in the latter, or in the necessary causes of the latter. But even in this situation, the association is not a correct one; for when they are in this situation, the tardy recourse to a lawyer is to help them out of it.

To give honest and sound advice in questions of law, to those who ask it in matters relating to their business or conduct, forms the character, which a lawyer ought to support. I speak now of his private character: his public character and conduct come under a different consideration.

A general prejudice against the professional character of the bar has arisen, I believe, from observing, that the gentlemen of the profession appear equally ready to undertake either side of the same cause. Both sides, it is said, and said with truth, cannot be right: and to undertake either with equal alacrity evinces, it is thought, an insensibilitypresumed professional-to the natural and important distinction between right and wrong.

This subject deserves to be placed in its true light. That this insensibility is sometimes found at the bar cannot be denied. That it is often imputed when it is not found, ought also to be admitted. A few observations will easily disclose the origin of this prejudice: and its origin ought to be disclosed; for I deem it of public importance, especially in a free country, that the professional character of the bar should stand in a respectable point of view.

Let it be observed, that by far the greatest number of law-suits originate from disputed facts. Of these a lawyer cannot judge, but from the representation of them, which he receives from his client. A dishonest client will impose upon his counsel: an honest client, from the blindness and partiality of self-interest, is often imposed upon himself the imposition, in this case, operates upon the counsel equally as in the other. In both cases, the lawyer, instead of deserving censure, deserves sympathy; for it is always disagreeable to be engaged in a bad and unsuccessful cause.

Again; even when law-suits originate from disputed points of law, they frequently spring from positive institutions, particularly from intricate and artificial regulations concerning property. To such questions, the natural distinction between right and wrong is susceptible of no other application, than that they be decided according to the law of the land.

But further; in such cases, the rule of positive law may be really doubtful; and this doubt may be the true cause of the controversy. How often do we see juries and judges divided, nay equally divided, in opinion? If this is so, a difference of sentiment in two gentlemen of the bar should not be viewed as either pretended or reprehensible. The court frequently direct arguments of counsel on each

side; can it be improper for the counsel to obey those directions?

These remarks explain and justify the conduct of counsel in the cases which I have described, and are fitted to remove the prejudice, which, in such cases, is entertained against them. If a lawyer is so lost to a sense of his duty and character, as to advocate a cause which he knows to be morally and certainly unjust, his conduct requires not to be explained; and I mean not to justify it.

To the court, as well as to his client, a duty is owing by a gentleman of the bar: these obligations are, by no means, incompatible: both will be discharged by uniform candor, and by a decent firmness properly blended with a dignified respect.

Thus much concerning counsel and attorneys at law. I have been full and particular upon this head, because it personally and immediately concerns the future conduct and prospects of many of my hearers.

CHAPTER IX.

THE SUBJECT CONTINUED.

OF CONSTABLES.

I AM now to consider the office of a constable. This officer, and the office which he holds, are often treated with a degree of disrespect; but very improperly and very unwisely. In a government founded on the authority of the people, every public officer is respectable; for every public officer is a free citizen: he is more; by other free citizens he is invested with a portion of their power.

Besides; the powers and duties of constables, if properly and effectually exercised and discharged, are of real importance to the community; and their public utility should rescue them from contempt. The antiquity as well as the usefulness of the office is very great. Of its original it may be said, as we are informed by my Lord Bacon,1 caput inter nubila condit; for its authority was granted upon the ancient laws and customs of the kingdom, practised long before the conquest. It was intended and instituted for the conservation of the peace, and for repressing every kind of annoyance and disturbance of the people. This was done by way of prevention and not of punishment; for a constable has no judicial power to hear or determine any cause.

Upon a probability of a breach of the peace, as when

14 Ld. Bac. 94.