Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
I was admitted to the bar in the fall of 1850. Under the laws of
Michigan at that time, admission to the bar was not necessary to
practice law in that State, but it was the usual and dignified course.
The class seeking admission was quite a large one; most of them, in fact
all of them save myself, were old lawyers seeking admission in the
regular and time-sanctified order. An afternoon was given by Judge Wing,
who presided, for the hearing of the petition of the applicants. The
Judge and the Bar were the examiners. They all took a free hand. I
thought I could discover a disposition on the part of the Judge and the
Bar to put the old practitioners, whose knowledge of elementary
principles had been somewhat dimmed by the lapse of years, at a
disadvantage as compared with the accuracy of a young man fresh from the
books. Hence, many questions were rushed to me for a full and accurate
statement of the text-books, which in most cases I was able to give, to
the manifest pleasure of the examiners. We were all admitted. In
anticipation of so propitious a result, we had provided a banquet for
Bench and Bar. At its conclusion the Judge said, "a motion for a new
trial would be in order, and if such motion was made he would take it
under advisement till the next term of the court, when he had but little
doubt that it would be granted."
After my admission to the Bar I diligently continued my legal studies,
confining myself, however, almost exclusively to American Reports and
authors, such as Kent's Commentaries; Story on the Constitution, on
Equity Jurisprudence and Pleadings; Greenlief on Evidence; Gould on the
Form and the Logic of Pleadings; Bishop on Criminal Law; and many
others. I have continued this extensive reading during all of my
professional career when books were at hand. Looking back from a
standpoint of eighty years' time, I am satisfied that I have read too
much, and reflected, reasoned, analyzed, generalized and thoroughly
digested too little. I often think of the saying of Locke, the
philosopher, that if he had read as much as other men he would have
known as little as they. There is much truth in this statement. To read
without thought, without reflection, without analysis and a thorough
digest of what one reads, is a waste of time. More, it weakens the
memory, does not accumulate knowledge, and incapacitates the mind for
serious work. While I have no admiration for a correctly-styled "case
lawyer," yet, were I to live my professional career over again, I would
get my legal principles from a small but well-selected library of
authors of established repute; and then I would consult leading cases on
each topic or subject, as a help for their proper and logical
application. The practice of law consists in the application of a
well-defined legal principle to a certain combination of facts. Whether
the principle applies is a question for the courts; whether the facts
that enter into the definition exist is a question for the jury. But, as
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account