Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
I appeal to what is called the administration of justice, by jury-trial,
in our courts of law, where twelve ignorant, unreasoning men, got
together, nobody knows how—hit or miss—are held to be better
qualified—being bound by their oaths to think alike in most cases, and
to return a unanimous verdict, whether or no—than Lord Chancellor Bacon
himself, or Chief Justice Marshall would be, to settle any and every
question, however new, and however abstruse and complicated, upon every
possible subject that may happen to be brought before them for the first
time in all their lives! And this, without any previous knowledge on
their parts, or any other preparation by the lawyers who are to
enlighten them, than may have been made the night before, by “reading
up,” or “stuffing” for the occasion.
I appeal, moreover, to the testimony of the sufferers
themselves—_parties_, they are technically called—who, after being
scorched, and sifted, and harassed, and pillaged, under one pretence or
another, year after year, and within an inch of their lives; or driven
well-nigh distracted by the vicissitudes and anxieties incident to every
well-managed law-suit, where “good pickings” are to be had, or by that
hope-deferred “which maketh the heart sick,” begin to get their eyes
opened, and to see for themselves, and are sometime ready to acknowledge
for the help of others, who are elbowing their way up—or down?—to
_see_ the elephant, that when they pass over the threshold of those
gambling-houses, that are established by law, under the name of Courts
of Justice, and put up their stakes, they will find three times out of
four—perhaps nineteen times out of twenty—that when the raffle comes
off at last—with the jury-box—it is to decide, not which of the two
parties litigant—plaintiffs or defendants—but what third party—the
lawyers—shall sweep the board.
And I might appeal to the swarming thousands of our younger professional
brethren, who, ashamed to beg, afraid to steal, and too lazy to work,
instead of following the business of their fathers, taking their places,
and maintaining themselves honestly, give way to a foolish mother, or
sister, or to some greater simpleton still more to be pitied, or to a
most unhealthy ambition—that of being an _Esquire_, and a pauper, with
very white hands, who, having studied law, will have to be provided for
at last by marriage, or office; and with that view have literally taken
possession of our high places, our kneading-troughs and our
bed-chambers—after the fashion of their predecessors in Egypt.
Public-domain text, read in full here on John Shaqi.
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