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
But even for this they have a justification—or a plea in bar. The law
is a “jealous mistress,” we are told, and will endure no rival; a
monarch “who bears no brother near the throne.” And well do they act
upon this belief; and well do they teach it by precept and by practice;
for few indeed are they, even among the foremost, who have gathered up,
in the course of a long life, any considerable amount of miscellaneous
knowledge, notwithstanding the reputation they sometimes acquire, in a
single day, by their insolent questioning of learned, shy and modest
professional men, or experts, after they have once got them caged and
cornered, and tied up hand and foot in a witness-box, and allowed to
speak only when they are spoken to; there to be badgered for the
amusement of people outside, more ignorant, if possible, than the
learned counsel themselves; but incapable of seeing through the
counterfeit, which, while it makes them laugh, makes the “judicious
grieve;” and mistaking for cleverness and smartness the blundering
audacity of an ignorant and garrulous, though privileged pretender, who
does not know that it often requires about as much knowledge of a
subject to propound a safe and proper question, as to answer it: nor
that the veriest blockhead may ask twenty questions in a breath, which
no mortal man could ever answer, and would not even try to answer,
unless he were a still greater blockhead.
And now, having swept the stage fore and aft, and secured, as I trust, a
patient hearing from the profession, let us go to work in earnest.
I maintain that among the popular delusions of the day, there is no one
more dangerous nor alarming than that which leads our People to believe
that they constitute a republic and that they govern themselves, merely
because they are allowed to choose their own masters; _provided_ they
choose them out of a particular class—that of the lawyers.
At the opening of every great political campaign, we hear a great deal
about the privileged classes; the ruffled-shirt and silk-stocking
gentry: and sometimes men prattle about the aristocracy of talent, or
the aristocracy of wealth—but who ever heard any complaints of our
legal aristocracy—an oligarchy rather—for they make all the laws, they
expound all the laws, and they hold all the offices worth having—in
perpetuity.
And whose fault is it? If the People are such asses, why should they not
be saddled and bridled, and ridden in perpetuity? It is their nature.
They are prone to class-worship, and to family-worship—to
self-depreciation, and to a most incapacitating jealousy of one another.
Even in the day of the elder Adams, it was found that the office of a
justice of the peace, like that of a legislator, was well-nigh
hereditary in New England. Having anointed the father, how could they
help anointing the son?—or the daughter’s husband, if the father had no
son?
Public-domain text, read in full here on John Shaqi.
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