The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In early colonial days the legislature sometimes set a limit to
the number of attorneys who could be allowed to practice before
the courts. In some colonies the number at the bar of a
particular court was fixed; in others the number of lawyers in
each county.[Footnote: Acts and Laws of the Colony of Conn., May
session, 1730, Chap. LIV. Hunt, "Life of Edward Livingston," 48.]
No such limitation now exists in any State, and the matter is
left to be regulated by the law of supply and demand. This by
the census of 1900 required over 114,000.
The freer a country is, and the quicker its step in the march of
civilization, the more lawyers it will naturally have. The
growth and importance of the bar are stunted wherever it is
overshadowed by an hereditary aristocracy. A land of absolutism
and stagnation has no use for lawyers. The institutions of China
would not be safe if she had a bar. Lawyers are a conservative
force in a free country; an upheaving force under a despotic
government. In Russia one is found enough to serve over thirty
thousand; in the United States there is about one to every six
hundred and sixty of the population,[Footnote: In 1870, there was
one to every 946; in 1880, one to every 782.] and in England one
to every eleven hundred.
The colonial lawyers of the seventeenth and eighteenth centuries
occupied an inferior place in the community as compared with that
now held by the legal profession. There was comparatively little
opportunity to rise to eminence. The positions on the bench, as
has been seen, were largely held by those not trained as lawyers.
Before such judges it was a waste of words to make elaborate
arguments on points of law.
Among the first settlers were a few who had been educated for the
English bar. One of them, in Massachusetts, Rev. Nathaniel Ward,
drafted the _Magna Charta_ or "Body of Liberties" of that
colony, adopted in 1641. His opinion of the need of lawyers may
be inferred from the fact that it provided expressly that those
who pleaded causes for others should receive no compensation for
it. Virginia adopted the same policy from 1645 to 1662. Later,
lawyers practicing in Massachusetts were excluded from the
General Court. As that had large judicial powers, it was thought
fitting to give no opportunity to any to sit there to-day to
judge and to appear to-morrow before an inferior court to argue
as an advocate.[Footnote: Hutchinson, "History of Massachusetts,"
III, 104.]
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