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
This, though sufficiently absurd, I acknowledge, is nevertheless true:
and happens continually at the bar. I do not say that in terms a client
would prefer a long speech to a verdict; I only say that such is the
fact, although he may not always know it himself, in many a troublesome
case. And so with litigants generally; having once entered the “sacred
precincts” of a law-temple, and breathed the fiery atmosphere, and had
their names called over in a crowded court-room, and thereby having
become famous in their own little neighborhoods, and in the judgment of
their friends and witnesses, people of large experience and authority,
how are they ever afterward to forego the pleasure? If they win the
first throw, of course they can afford to throw again: if they lose,
they must throw again, the blockheads! to get back what they have lost,
when, like other gamblers, they promise to stop.
Can it be wondered after all this, that words are multiplied in our
laws, from sheer habit, as well as from a sort of professional pride,
until a mere English reader, however familiar with the spoken language
and with the best writers of the language, both at home and abroad, such
as Bacon and Bolingbroke and Hooker and Swift, or Edwards, or Channing,
or the writers of the Federalist, or Franklin, and half a hundred more I
might mention, would be unable to make head or tail of one paragraph in
three; and few men of business would be willing to hazard any
considerable investment upon his own understanding or interpretation of
any passage in any new law.
Talk of the dead languages! The deadest of all the languages I know, or
ever heard of, is the language of the law! Ask our friend, the learned
blacksmith, and I will abide by the answer. Nobody, not trained to the
business of interpretation—as a dragoman—or lawyer, would ever think
of trying to understand a new law without help. And even with help—it
is a plague and a mystery till the true meaning has been
settled—_settled!_—by adjudication: that is, by others in authority,
the priesthood and the patriarchs, who, under the name of judges, are
paid for all the thinking, as lawyers are paid for all the talking to no
purpose, permitted at law: for, be it known to all whom it may concern,
that is, to all the non-lawyers of our land, that no private
interpretation _of law_ is of any authority _at law_: nor is the right
of private judgment recognized or allowed or tolerated or endured in
courts of justice! You must believe at your peril. You must teach as you
are taught; and grow to the opinions or moulds about you as a cucumber
grows to a bottle; for such is the law, and with most of the profession,
all the law, to say nothing of the Gospel; for that, perhaps, would be
out of place here.
Public-domain text, read in full here on John Shaqi.
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