For

provided he should make known to his any positive, unfounded declarations of client fairly and fully all the points of counsel. These false assertions, how. probability and hazard. For it may ever, are not always the result of a be impossible to tell with certainty willful intention to deceive. what may be the event of a suit; as counsel, naturally having their feelings new and unexpected proof may be strongly enlisted in behalf of their disclosed during the progress of a cause, clients, often become so thoroughly or the opposite party might not be able convinced they are in the right, that to make as strong evidence as was sup they frequently make these false aspose, or might not take advantage of sertions, when they mean nothing more some legal technicalities that could be by them at the time than a strong decturned to his advantage by a shrewd laration of opinion? But as to the and cunning attorney. For were it a habit of abusing and vilifying the breach of moral principle to undertake opposite party, and of accusing honest cases of this character, for the same witnesses of perjury, of which it is reason, it would be wrong for a lawyer lamentably true lawyers are too often to defend a criminal, if he should hap-guilty, and for which there is no expen to believe him guilty of the charges cuse, I regard it as a sufficient answer, preferred against him; and the same so far as the Profession is concerned, to reason that would make it wrong for one, say that this neither is required in the would make it wrong for all; and thus discharge of professional duty. But the criminal would be deprived of that as not being inconsistent with morality, defence, to which he would be so justly I deem it to be the duty as well as the entitled both by the laws of the land privilege of counsel, to expose the and the claims of common humanity. frauds of the opposite party, when But on the other hand, he, who would, fairly developed by the proof, and to merely for the sordid consideration of a petty fee, advise and engage in a suit which he knew must inevitably fail of success, according to the established and well known rules of the law, or when the conflicting claims of the parties could be as satisfactorily settled and adjusted by means of compromise, Still, it may be urged, that the fees would not deserve the name of lawyer. of lawyers are so exorbitant as to be Again, the objection may have been inconsistent with moral principle and based upon the fact, that lawyers fre-strict honesty. If the average fees of quently make assertions, during the the Profession be meant, I take it, that progress or course of their arguments, when the expense of a regular academthat are false and unauthorized; and ical education, the length of time necabuse and vilify the opposite party, essary for making suitable preparation and accuse honest witnesses of perjury: and getting into a regular practice, and as this practice may have been sup- the requisite amount of mental labor, posed to arise from the obligation of the severest of all labor, are fully concounsel to do the best for their clients.sidered, this as a ground of the objec But this is not the case. For all that is tion, would also appear unfounded. required of a lawyer, by way of discharging his professional duty in the discussion of a cause, is to make such deductions only as may be drawn from a fair presentation of the facts and the principles of the law governing in the

1

case.

And it should be borne in mind, that this course of argument is far bet ter calculated to make a favorable impression upon the judge and jury, than

examine suspicious witnesses, though never so tight and binding, if it be, not with a view to contradiction and perjury, but of simply arriving at the truth; and to speak and comment upon all this both fully and impartially before the court and the jury.

But if excessive fees are meant; I reply, that this is so far from being countenanced by the law, that it will force counsel to refund down to the average charges of the Profession, where any undue advantage has been taken of the client.

Neither is the fact, that the technic alities and maxims of the Law are frequently turned to the subversion of

wisely left the fulfillment of these, as well as all the duties of piety and religion, to depend upon the force and efficacy of each one's inner moral sense of right and of obligation.

the true merits of causes and the rights charity and humanity, without the corof individuals, any better foundation responding feelings and motives of for the objection. For these technical- these virtues. Hence, the Law has ities and maxims, being bottomed in sound discretion and long experience, were intended only to carry out the great principles of equity and justice. And although they have sometimes been perverted from the accomplishment of By way of farther defence, it is hardly this design by the subtle and sophisti- necessary to state, that before an apcated disputations of wily lawyers; yet plicant is admitted into the Profession, the same thing may be said of poetry he is required to procure a properly and eloquence, those mighty instru- authenticated certificate from the Counments of good and usefulness, when ty Court, that he is a man "of probity, properly directed; for how often have integrity, and good moral character." these been perverted to the evil purpo. And after admission, it is in the power ses of promoting vice and misery, and of the judge, either upon motion, or of overthrowing virtue, innocence and ex officio, to strike his name from the happiness? roll of practising lawyers, for any gross immorality, breach of professional trust, or other highly improper conduct. Thus jealous is the Legal Profession of its own honor, and of the obligations of moral principle.

To

Again, the objection may have been deduced from the fact, that there may be, in some instances, a legal, where there would not be a moral, right of recovery. For example, if a very poor man, or widow in oppressed circumstances, Now, it may be said, that many of with a large family dependent upon the foregoing arguments have been them, were indebted to a very wealthy drawn from the science, whereas the obsingle brother; here, it may be said, the jections they were designed to answer, law gives a right of recovery, but it were directed for the most part against might be morally wrong to enforce it. the practice of the Profession. But in this, as in all similar cases, it this, it is only necessary to say, that would be only the obligations of chari- the practice must conform to the science; ty, or the tender considerations of for in so far as it departs therefrom, it is humanity, that would make a recovery the practice, not of the science, but of morally wrong. This being so, the something else. question springs up, should the Law Would that every member of the enforce this class of duties? I think it Profession, and especially those in should not. For, in the very nature of this happy country of ours, where they things, these are such duties as can only exercise so great an influence upon the rest in foro conscientia; and hence are morals of the community, and occupy styled duties of imperfect obligation, as they do the highest seats of public inasmuch as, they cannot be enforced trust and confidence, would show by by judicial tribunals. For suppose their upright and gentleman-like conthe Law were to attempt to compel a duct, how little of truth there is in the performance of these duties, it must be imputations we have just been consider so, not only in one case, but in all. ing; and feel justly proud of a Profess But this would be impracticable, from ion so highly honorable, and liberalthe insufferable difficulties of looking izing to the mind as that of the Law; into the exact conditions of men, pecu- concerning the science of which it has niary, as well as otherwise. But still been said "the daily affairs of life higher, if the Law could enforce this evince, how intimately and necessarily class of duties, it would be the enforce the sanctions of religion are practicalment of an external compliance only, ly blended with human jurisprudence; and could not engender in the hearts of and which, in its most extensive signifi men the feelings of charity and human-cation, has been so sublimely person. ity; but charity and humanity are notified in such language as this by the

eloquent Hooker: "Of Law no less was putty deep-I found it plaguy slipcan be said and acknowledged, than pery, and as I was thinking to coon it that her seat is in the bosom of God, over, the brute turns to one side, takes and her voice the harmony of the world; to the log, too, and afore I could turn, all things in heaven and on earth do he meets me, standin' on his hind her homage, the very least as feeling legs, half way, and with open mouth! her care, and the greatest as not ex- Such a row of teeth he had as you nevempted from her power." er seed! I felt like sassage meat a' ready, for I was skeer'd, certain. [A pause.]

For the South Western Monthly..

"MIXED" STORIES-FROM THE REMINISENCES OF AN OLD

HUNTER.

[BY ONE WHO LISTENED TO THEM.]

One of the most pleasant occupa tions whilst waiting in the little frontier village for my friend's arrival, was listening to the stories of an old bear hunter, who, when requested, was al ways ready to "fight his battles over again."

"But tell us, Uncle John, about the bear you fought with on the log!"

"Well, child, this was the way on't. I was out in the woods one day tappin' some sugar trees, and had sot my gun agin' a stump, whilst I went to the fire to light my pipe."

"Directly, I hears the brush a cracking most 'mazingly, as none but a bar could do it; and you may 'spose I 'bout faces in a hurry; and there right fernenst me, jest on the other side of the branch, I sees the monstrosest critter p'raps anybody ever did see; and what was worse, his ears was flat down on his head, and he was tearing along on the edge of the gully to 'come better acquainted with me as I 'magined."

"My har riz right up on my head when I thinks of my gun bein' on his side of the branch, and the varmint looking so vicious."

"Well-Uncle John"-as the old man stopped to put a fresh coal on his pipe.

"Well I tries to work it to get to my gun; and so, dodging 'round an old tree-top, I makes for a log over the branch, my gun bein' close at tother end on't."

"Then, what!"

"As I runs on the log,-the gully

"But, he did'nt get you."

"No, child. In my fright I pulls off my old stiff wool hat and hurls that at him, like vengeance. He tried to dodge it, thinking it was somethin' worse, I reckon, and over he goes, ker-wallop, ten or fifteen feet into the gully below. You may 'spose I did'nt take no time in grabbing my gun and afore he could wipe his eyes, the next thing he know'd, he had a bullet through his head and I was standing over him calkilating how much he'd weigh. But he was the poorest critter-nothin' but skin an' bones, though he was mighty big."

"How was that?"

"Why, child, the reason was, you see, he was so old, he had'nt a single tooth in his head!"

"Game was plenty in those days, Uncle John."

"You'd better believe it. I was out one day alongside my wheat patch,the turkeys was mighty bad on't. It was jest ready to harvest, and thinks I, I'll have turkies, if I can't have wheat! Well I comes on a tremenjus flock of 'em, and getting three of 'em in a range, down I brings 'em all.”

"That was a lucky shot."

"Yes, child, biggest turkies you ever seed, too, so big, that as I had 'em by the legs over my shoulder, on my way home, their heads dragged in the

snow!"

"How's that? Uncle John? Snow in harvest time?”

"O, O, child,—I ha' got two stories sorter mixed!"

Selections.

A TOUCHING STORY OF THE be led into temptation; and, Kate look.

ithin her. A little time, and the "A WOMAN, Kate!-A young unarp winds of an unusually cold spring married woman's trials—are generally ent (the physician said) poor Rachel of the affections;-trials of temper; lorrison to an early grave. There trials of judgment; trials of power as one who knew otherwise,-who come afterwards; but a young girl's are new that the iron had entered her of the heart. oul, and festered in its core, and that er body was too delicate to withstand e struggles of her mind. Her mother losed her eyes, and sorrowed over her er, but not as one having no hope, or her last blessed words were, "I know hat my Redeemer liveth!" There was uch mourning in the bereaved dwell g. Kate was able to feel and to tell ow truly she missed

"The glancing of her sister's eye,
The waving of her hair,
The footsteps lightly gliding by,
The hand so small and fair."

her

But little Miriam soon forgot roubles in the excitement of black rocks and a crape bonnet.

"I hope you have not yet understood what it is to love; unless, indeed you love what is lovely; lovely not only for time; but for eternity. The impression made on a young heart may be considered light; and yet, Katharine it is long-oh, how long!-before it wears out; I found it so. You know the pains my dear mother ever took to impress upon us our religious duties; to teach us Christ all-in-all sufficient; and to manifest our faith by our works. I fear me that I trusted too much to my own strength; that I thought too much of my own acquirements. The pains bestowed on my education made me superior to my companions, but not alas! superior to myself. The remembrance of your sister-of the once living reality of her who pens these lines--will, before you read them, have faded to an out-lined vision. You will remember a thin, pale girl, who loved flowers and music, and for whom you gathered the finest grapes; and the thought of her will bring back her last kiss; her white brow; her dead hand, the never to-be-forgotten touch of death!

the tears-a mother's precious tears! -and then the funeral. Ah, my beloved sister, all will be as a vision, but we may learn wisdom from such.

Years pass, as well as months; and when we review them, we think they Dass as quickly. The retrospect of both is nearly the same, but the prospect, now different! Katharine Morrison had completed her seventeenth year; and was already arrived at the danger ous distinction of being a belle and a beauty. She had almost ceased to remember that her sister, whose once beautiful form was now part and parcel of the earth wherein she lay, left a "written testimony" of her trials; that she laid open her heart's feelings, hopes, and disappointments for her ad- "I did think too highly of my ac vantage, that, to prevent her sister's quirements, and practised them more tears, she had re-shed her own-for she for the sake of display, than a desire had torn afresh wounds which time had to give pleasure. They attracted the comparatively healed, and had again attention of one who, possessed of counted the drops of blood distilled from much beauty, much talent, and some her lacerated heart. "My blessed indeed many, amiable qualities, was, child!" said her mother, "have you for- nevertheless, deficient in the great regotten poor Rachel's legacy?-how quisites for domestic-much less Chrisshe bequeathed you the knowledge of tian-happiness. For a time, we were her 'temptation, that your fate might as two gay butterflies sporting in the sunshine; I learnt to see with his eyes, She laid a few leaves of paper upon to hear with his ears, to feel his feelthe table, fairly and plainly written; ings, to live but in his presence; and and Kate re-trimmed her lamp, and yet I hardly knew it; was not that flung the garland from her brow, that strange? One of the mysteries of love; she might read the story of her dead perpetually denying his influence with my lips; lying to my own heart, prac

not be as her's?"

sister.