An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
This department of English literature has been recently much enriched
by the labors of the present Lord High Chancellor of England, Lord
Campbell. In America we have a few well written and instructive legal
biographies, among which ought especially to be named, Mr. Wheaton's
Life of William Pinkney, and Professor Parsons' interesting Memoir of
his distinguished father, Chief Justice Parsons. Mr. Binney, at the
close of his honored and honorable life, is paying the debt, which every
man owes to his profession, in animated spirit-stirring sketches of his
great and good contemporaries. How forcibly does this distinguished
jurist illustrate the remark of Cicero in his Treatise on Old Age: "Sed
videtis, ut senectus non modo languida atque iners non sit, verum etiam
sit operosa, et semper agens aliquid et moliens; tale scilicet, quod
cujusque studium in superiore vita fuit." What a noble example might be
held up, in the life and character of Chief Justice Marshall! His
biography, while it will be the record of active patriotism and
humanity, will exhibit a course of arduous self-training, for the great
conflicts of opinion, in which it was his lot afterwards to appear, with
so much lustre. He had not the usual advantages of a collegiate
education. The war of the Revolution, in which his ardent love of
country, and of the principles of rational liberty, led him to enlist,
and where he distinguished himself in the field, materially interfered
with, and retarded his earlier professional studies; yet, the lofty
eminence to which he attained in the opinion of his compatriots, even of
those who could not concur in some of his views of the Constitution, the
enduring monuments of his greatness in the decisions of the Supreme
Court of the United States, bespeak an intellect of the very first
order, mental power naturally vigorous, but brought, by proper exercise,
to a degree of strength that made it tower above the general level of
educated men. His opinions do not abound in displays of learning. His
simplicity, a character so conspicuous in all his writings and
actions--that first and highest characteristic of true greatness--led
him to say and do just what was necessary and proper to the purpose in
hand. Its reflected consequences on his own fame as a scholar, a
statesman, or a jurist, seem never once to have occurred to him. As a
judge, the Old World may be fairly challenged to produce his superior.
His style is a model--simple and masculine. His reasoning--direct,
cogent, demonstrative, advancing with a giant's pace and power, and yet
withal so easy evidently to him, as to show clearly, a mind in the
constant habit of such strong efforts. Though he filled for so many
years the highest judicial position in this country, how much was his
walk like the quiet and unobtrusive step of a private citizen, conscious
of heavy responsibilities, and anxious to fulfil them; but unaware that
the eyes of a nation--of many nations--were upon him! There was around
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