that such disadvantages as these might to match with their weight of reputation the sometimes result in the conscientious ex- ablest who may be led to oppose it. Other ercise of the profession: the real question objections are such as seem equally to apis, whether they would ever result to a de- ply to every instance in which men depend gree which could counterbalance the griev. on the assistance of their fellows; and such ous evil of compelling a whole profession as would equally suspend the exercise of to become the helpless instruments of ini- Conscience in all. For example, if the quity; or to a degree which could seriously pusillanimous Lawyer can pretend a coninjure the chances of truth and justice in science, so can any other man solicited to any country. Reflect on the amount of help in any other case; nor has any casuist these vaunted difficulties. What real ad- ventured on this ground to stigmatize all vantage would it be that every case which conscientious objections as inadmissible. malice and dishonesty may contrive should If a conscientious lawyer may be deceived have a hearing? Why should it be so mar- as to the moral character of a case, and thus vellously beneficial to the interests of so- do unintentional injustice (for this too is ciety, that a knave (and in the strictest earnestly pleaded), he will only exemplify times no other would ever find himself the universal fact of human fallibility; without a competent advocate in a profes- while from the numbers of the profession, sion comprising hundreds) should be fur- a remedy is in this instance peculiarly atnished with every facility for deceiving a tainable. And to all these alleged difficuljury into sanctioning his turpitude? Surely ties (which, in truth, belong to every stren to this plea we can cordially echo the re- uous effort to obey the rule of Right), ply given to its well-known parallel-"nous must now be opposed the direct and obvin'en voyons pas la necessitee." Is it chime-ous benefit to general justice from conscienrical to suggest that it might possibly be even beneficial to the general cause of justice, that such a man should be embarrassed by the difficulty of finding a practitioner to second his knavery -Thus, too, the allegation that this understanding alone can screen the Bar from the vengeance of an enraged Government, is one that applies only to rare and peculiar crises of political excitement; and one that actually even then is not always verified; for we all know that in such trials the advocates selected are usually those who are understood to sympathize in general politics with their less fortunate clients; and who are safenot because their sympathy is any secret (which would alone help the argument), but because, whatever be their political views, they are as advocates shielded in their high and important vocation by public opinion and the spirit of the Constitution-bulwarks which would remain unimpaired under our principles as well as under those we oppose. We believe, then, that the thorough reAgain that on these stricter views, the ception of the reasonings on which we character of the Advocate would prejudge have insisted, by the mass of legal practhe case (a plea which seems to have been titioners, while it would undoubtedly raise urged with great power by Lord Erskine*) the tone of the entire profession, would is of little practical importance; for if the produce far less diminution in the number case be one of palpable dishonesty, it is of of cases actually undertaken, than might be no greater moment it should be thus pre- at first imagined. It is not that enterjudiced than by any other common inference of character from associates; and if it be one of integrity, the profession is never likely to be so poor in men of eminence as not to afford advocaets of character Cited by Mr. O'Brien, p. 164. tiousness in advocates. For when once it The And now we may introduce one or two considerations to which we before alluded as tending usefully to illustrate or to qualify the application of these principles; tending, at least, to make the prospect less discouraging of prosecuting the profession on these maxims of resolute integrity. prises of conscious injustice are not hazarded by clients; but that-especially in the hurry and occupation of the busy practitioner-it would seldom happen that even the most conscientious lawyer should be able at once to pronounce a case wholly unworthy of judicial arbitration, and that he would always feel it his duty to obey | be presumed as likely, or admitted without his client's declared and anxious wishes for reluctance; and, as long as they do not a public investigation as long as there ap- palpably present themselves, the Lawyer, peared the least fair claim for it. Let this having engaged in the cause, ordinarily rebe carefully weighed. We have already tains no option of retiring. And thus, it is stated, that if after mature examination, perfectly consistent with all we have said, the Lawyer consider the case simply un- and indeed seems to flow out of the very just, he is bound to decline it. But on the conception of the Profession and of its Reother hand, as long as there appears a single lation to the rest of society, to affirm,— element of right-of probable or possible that as long as there is a possibility that right to be pleaded, even when the the Client may have right on his side, the chances are against its success, we hold it conscientious Lawyer will feel it, not only assuredly the Lawyer's duty, even after a thing permitted, but a duty, to set forth having (if he think proper) advised the the claim; and if the number of cases to surrender of the cause in point of policy, which this characteristic fairly applies be still to hold himself ready to state and sup- considered, it will probably be found to leave port it, should the Client so determine. It not very many more rejected'cases than those would be to overstate the case to repre- which most barristers of high character sent the Lawyer merely as the Client's Ad- would even now unhesitatingly decline. viser. There is unquestionably a relation And hence we conceive the chief value established between these parties of a more of such a book as this to be, not so much peculiar kind. The Lawyer is not solely that its influence would very materially alan Adviser; he is an understood Agent and ter the amount of practice in the Profession, Servant also; and considerations of duty as that it would elevate the tone of princiare to apply to him just as they do to a Ser-ple on which that practice is conducted; furvant--neither less nor more. In adopting nishing good men with distinct grounds for his profession and attending the Courts, the their course, and setting before them the Lawyer announces himself as prepared to portraiture of the character they are to asbe the legal assistant of any man who may pire to realize. This our author has admiplease to call on him; once engaged, to this rably done; and assuredly this is needed. he is bound; conscientious scruples com- It cannot but move regret that the genuineing in afterwards as a limitation. In other ly Christian Lawyers who now amount to words, a man does not become a Lawyer in a goodly fellowship at our own Bar, should the first instance to benefit public justice, make their views upon this important suband then espouse at his option certain cho-ject so feebly felt in society. And we cansen cases as a means to that end; he be-not but think the reason to be (as we have comes a Lawyer in the first instance to es- before hinted) that these views are to thempouse all offered cases of demand for jus- selves unfixed and indefinite; the almost tice, and applies his conscientious scruples unconscious effects of strong religious feelsecondarily as an occasional bar to that pri-ing, and not the direct and deliberate conmary object. And this relation of volunta- sequences of convictions of the peremptory universal public Servant arises not mere- ry Law of God. These are eminently rely after he has considered all the merits of ligious men; and the cause of all this, a particular cause; it arises from the day doubtless, lies deep in the peculiar religious he has entered the profession; upon that teaching of the age. But we forbear a subday he became the Servant of the Public,ject too extensive, and perhaps too delicate, and each special cliency only fixes the general relation to a particular instance of it. It thus results that from the first moment the Lawyer is consulted, and voluntarily bends to hear the statement of the consulting party, he establishes the relation with that party of Servant as well as of Adviser; and consequently is (as in all other cases of service) to presume it in the first instance his business to execute according to his skill the wishes of his employer. If conscientious objections arise, of course he is to obey them; but this consideration, though absolute in order of authority, is secondary in order of time; they are not to to attempt on this occasion. We shall substitute for such discussions a beautiful piece of practical theology. CC THE LAWYER'S DEATH. "It was a bright evening in summer-the rays of the declining sun fell full upon the couch where the old man lay-around him were gathered his wife and children awaiting in sorrow, rendered peaceful by the sweet smile which played upon his lips, the moment that should summon to a better world the departing spirit of a His domestics stood in the farther part of the kind and affectionate father, husband, and friend. room, scarce able to suppress their sobs. "He raised himself with an effort and spoke. Beloved wife and children, God, who has com as forted and succored me all my days, bless, pre- | new, and so essentially different from that serve, and keep you. To his heavenly guidance of either party, could at that period of the I commit you; despise it not-his law written controversy produce conviction in either. on your hearts, set before you in the ensample of The utmost practical result which we anhis dear Son, and taught you by his Holy Spirit, regard with holy fear, and follow with ferventlove. ticipated from our labors was, that the two Let no power force you, no wealth tempt you. parties, without surrendering their notions no earthly splendor allure you to swerve from of the soundness of the views so obstinateallegiance to this holy law. I have lived long. ly maintained by them in the face of the and in a long life been often called upon to en world, might possibly, in their readiness to counter the enemies of this holy law, and often, find any escape from a barren and dangeralas! have I seen it trodden down and trampled under their feet; but sure I am that no peace ous controversy, regard some such solution fills their dwellings, no joy swells their breasts; ours as a species of middle term, on but the worm that dies not gnaws their hearts, which a compromise might be effected withand a fearful-looking for of fiery indignation out any sacrifice of pride or interest. We haunts and disturbs them in the midst of their hoped that, at any rate, the suggestions of loftiest triumphs. Envy not, then, the oppres a new view, at least as plausible as any presor. and choose none of his ways. Listen to the viously promulgated, might act on both law of God-the voice of heavenly wisdom-it will be a light to your feet and a lamp to your parties so as to tend towards weakening path; a shield against every foe, and a shelter their confidence in the soundness of their from every blast; its ways are ways of pleasant- extreme pretensions. And in this manner ness and all its paths are peace. Such has it we thought we might in some slight degree ever been to me amid all the strifes and struggles contribute towards the desirable end of of this transitory life-and now I go, where wars bringing men on both sides of the Atlantic and tumults shall be no more heard, where strife to the conviction that the meaning of the and struggle shall have no place, but justice, peace, and righteousness shall reign eternal. Father treaty of 1783 did not admit of being ascerof heaven, grant that in that kingdom of bliss tained with actual precision; and that a we may all meet and join in the song of praise compromise afforded the only means of acunto Him that has loved us and washed us from commodating the difference. But as paraour sins in his own blood, and hath made us mount to every other object we pressed on kings and priests unto God and his Father; to our readers the importance of some settlehim be glory and dominion for ever and ever.ment of this unhappy dispute. As long as Amen.'"-p. 142. a settlement was effected, it appeared to us of very little importance what that settlement was. as. In saying this we gave utterance to what not only was our opinion, but appeared to be that of sensible and honest men in both countries. All that has since occurred has only impressed on us more strongly the paramount importance of settiing the dispute, and the comparative unimportance of the terms of settlement. And would lead us to imagine that, in the interwe have now no indication of opinion that val between June, 1840, and the departure of Lord Ashburton on his mission, any difference had arisen between our own feelings on these points and those of the public. THE AMERICAN TREATY. From the Westminster Review. B. North American Boundary. Supplementary Reports relating to the Boundary between the British Possessions in North America and the United States of America under the Treaty of 1783. Presented to both Houses of Parliament by command of her Majesty. 1842. It is now about two years and a half since the threatening aspect of the Boundary dispute with the United States induced us to For, indeed, the occurrences that had lay before our readers a statement of the taken place during the interval were calcuquestion at issue, together with some sug-lated to excite constant and serious fears gestions of our own with respect to the right mode of solving it. Our conclusions with respect to the merits of the question were the result of a long and diligent investigation; and we put them forth with a very sincere conviction that they offered a more satisfactory explanation than any which either of the contending parties had at any time given. But we certainly had not the vanity to imagine that a view so entirely f among all who valued the preservation of peace. Hardly a month had elapsed during that period without some fresh alarms. At one time the State of Maine seemed inclined to break the peace: its governor sent a warlike message, and its legislature passed blustering resolutions, or its lumberers threatened to break bounds, and make an armed incursion into the disputed territory. By another packet we got intelligence of some violent outbreak in Congress, or some hang up a little longer, and other questions menacing report from the Committees of of a more urgent nature settled, leaving Foreign Relations. Other causes of irrita- this to be again brought on the carpet when tion had been added. The borderers on a better opening happened to be presented each side of the disputed line of Canada for negotiation. and Vermont had more than once well nigh That the American Government would brought on a serious collision by mutual have deliberately gone to war to secure the outrages. The affair of the "Caroline" disputed territory, or obtain satisfaction on remained unsettled, and kept up a constant any other point of difference, we certainly do ferment of anger along the frontier. The not believe. But if nations were in the habit arrest and trial of M'Leod seemed for some of going to war only upon deliberate calcumonths likely to bring on the actual crisis lations of the gain to be made by it, war of war. A still more formidable cause of would be a calamity far less frequent than strife had grown up out of various acts of history unhappily shows it to have been. our naval officers and continued complaints This is a point on which we had more to of American traders on the coast of Africa; fear from the passions of the people than and, after a long and angry contention be- the folly or wickedness of their Governtween diplomatists, the two countries ap-ments. What was really and constantly to peared to be committed to irreconcileable be apprehended was, that some day, in conpositions with respect to the delicate sub- sequence of some sudden outrage and some ject of the right of search. More than once irrepressible retaliation, the two Governthey had been on the point of collision on ments would unexpectedly find their subthe subject of American slaves driven into jects engaged in actual hostilities: and that, the ports of our colonies. The publication when once blood had been shed,-when an of the correspondence between Mr. Steven-advantage had been gained by one side, son and Lord Palmerston, and the affair of and a reverse experienced by the other, the the "Creole," had widened these two latter fierce spirit of revenge, or the yet fiercer points of difference to an alarming extent at the period when Lord Ashburton's mission was announced. At that period the press of both countries, and the language of public meetings in the United States, showed that hostile feelings either actually pervaded both communities, and especially that of America, or were fomented with the most detestable perseverance. Those who took these public manifestations as accurate indications of the general feeling, imagined both nations to be fully resolved on war, and only waiting a pretext. Those, even, who estimated them at their true worth, could not but infer from them a state of feeling in both countries from which the chapter of accidents must, sooner or later, evolve some fearful collision that must bring on a war. This succession of untoward events, and the existence of this mutual ill-will, together with the constant apprehensions resulting from them, seem to have escaped the recollection of those who now criticise Lord Ashburton's Treaty. It is now said that the chances of mischief were overrated; that the Americans might bluster, but that it was absolutely impossible for them, in the existing state of their finances, to go to war; and that we have made concessions of a very great magnitude from an overanxiety to avert an evil, of which there was no real danger. The Boundary Question might, at any rate, have been left to VOL. I. No. III. 42 spirit of mortified pride, would have induced been undertaken by them in resentment of some real or fancied provocation; nor the less certain that it would have been carried on by them with an obstinacy that must have entailed on both parties the most deplorable consequences. to its influence they owed much of the angry character which they have invariably assumed. Each successive dispute added to the previously accumulated stock of irritation, and rendered fresh quarrels more and more likely, and more and more acriOf all the existing causes of irritation, monious; until at length a spirit of ill-will the most serious, and that which was ne- and jealousy had been raised on the other cessary to be the first settled, was the dis- side of the Atlantic, that met us in every pute with respect to various portions of the relation that can exist between nations. Boundary. It was the sore that had longest Whenever any question happened to arise festered and most extensively corrupted respecting a runaway slave, a fugitive crithe feelings of the American people. It minal, a collision between ships, or the arwas perfectly impossible for any one cogni- rest of an alleged offender, the inherent zant of their view of the subject not to see difficulties of each particular question were that throughout all classes, and in all por- aggravated by the pre-existing aversion.tions of the Union, there prevailed an When the revolt occurred in Canada, the unanimous and deep-seated conviction of dislike felt to us manifested itself by general the entire and obvious justice of their own expressions of sympathy with our internal pretensions. The absurd and hasty claims foes, and by such kinds of secret aid, as the put forward during the controversy by our recent history of our own country shows negotiators, shifted by them for entirely in that no free people can be prevented by consistent positions, and defended by con- their Government from affording to those flicting and worthless arguments, had pro- to whom they wish success. If the co-opduced throughout the people of the United eration of the civilized world was required States an impression not only that our pre- for some great object of justice and humantensions were indefensible, but that we ity, we found ourselves thwarted by that ourselves knew them to be such: and that, suspicion of our motives which induced the merely because we happened to want a por- United States to refuse their co-operation. tion of their territory, we were endeavor- But the influence of these bad feelings had ing to wheedle them out of it by impudent begun to show itself in a manner even more pretexts, or bully them out of it by a menace intimately disturbing our international reof force. Like all litigants so situated, lations. Great as is the mutual commerthey fixed their eyes only on the palpable cial dependence of the two nations, their weakness and inconsistency of their oppo- jealousies were beginning sensibly to innent's case and overlooked the fact that fluence their commercial legislation. The their own pretensions, though far more fallacies of the protective system, powerplausible, and far more consonant with a less in themselves to blind the intelligent portion of the truth, were, in fact, really in- people of the Western States to the obvious valid, and incapable of being maintained. advantages of free trade, derived such The great publicity of all the proceedings strength from the prevalence of this spirit of their Government, and the general intel- of national hostility against England, as to ligence of the people, had spread through- give the advocates of a restrictive Tariff a out the country this general and superficial temporary predominance in the Federal knowledge of the controversy, together Government. The investment of our capiwith this general and deep impression of tal in American stocks, so mutually advanthe rectitude of their own claim, and of the tageous to the two countries, was stopped gross injustice of our refusal to recognise by those flagrant breaches of faith which Without first removing such an im- various States of the Union did not scruple pression, without first settling the dispute to commit towards their creditors; and to in which it had its origin, it would have defend by the public avowal of principles been idle to dream of coming to an agree- more scandalous than the acts of national ment on other points. bankruptcy themselves. These acts, so inFor we very much doubt whether all the jurious to a large portion of our own peoother causes of irritation may not, in great ple, found too much countenance in the measure, be traced to the bad feeling which United States, more owing to a reckless had been created and kept alive by this disposition to spurn the interests of Engchronic dispute about the Boundary. We lishmen, than from any deep-rooted perdo not, of course, mean to say that subse-verson of national faith; and this same quent differences would not have arisen mischievous feeling was one great obstacle but for this cause: but we feel assured that to every effort on our part to shame the it. |