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
And I should not stop here. I would go further. For the purpose of
fixing forever and ever the responsibility of a decision upon each of
the twelve jurymen—I would have them polled, and questioned separately,
and man by man (if permitted by the law,) and not lump their verdict, as
they generally do, hit or miss: and I would call upon each to remember
that if he erred in pronouncing the judgment of death—of death here,
and it might be of death hereafter, he alone would be accountable—for
he, alone, might interpose if he would, and arrest that judgment of
death, and send the prisoner back to his family—a living man: and I
would so picture his own death-bed to every man of that jury, if I had
the power, that he should hear himself shrieking for mercy, and see and
feel and acknowledge by his looks, that if he betrayed the awful trust,
or trifled with it, by deference to others, he himself would be a
man-slayer, and utterly without excuse here and hereafter, in this world
or the next.
All this I would do, or try to do: for all this might be done by the
_honest_ lawyer without a violation of God’s law. But, as I have said
before, I would not have him “play falsely,” nor yet “foully win.” I
would not have him brow-beat nor entrap honest witnesses. I would not
have him guilty of misrepresenting the evidence nor the law “with
submission to the court.” I would not have the opposite counsel
insulted, nor the bench quarreled with—if it could be helped—
“——For even in the tranquilest climes
Light breezes _will_ ruffle the flowers sometimes.”
Nor everlasting speeches made, with continual asseverations and solemn
appeals to the by-standers and the public; as if the question of life
and death were a game of chess for the amusement not only of those who
are engaged in it, but for all who may happen to be near and looking on
at the time.
And I would have the dignity of the profession upheld by courtesy and
gravity and self-possession—by varied learning—by the utmost
forbearance—by very short speeches—by the greatest regard for truth,
and by unquestionable conscientiousness under all circumstances.
Were this done, the Bar would be sifted and purged and purified to some
purpose. Nineteen twentieths of the rabble rout who mistake themselves,
and are mistaken by others for lawyers, would vanish from the face of
the earth—and the profession would then be not only respectable, but
worth following; though, in my judgment, lawyers would still be the last
among us to be intrusted with a disproportionate share of Legislative or
Executive power; though, from the nature of things they would be likely
to monopolize the whole Judiciary power.
Public-domain text, read in full here on John Shaqi.
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