THE LAWYER IN POLITICS

[Speech of George M. Palmer at the annual banquet of the New York

State Bar Association, given in Albany, January 18, 1899. President

Walter S. Logan introduced Mr. Palmer in the following words: "The

next speaker is the Hon. George M. Palmer, minority leader of the

Assembly. [Applause.] He is going to speak on 'The Lawyer in

Politics,' and I am very glad to assure you that his politics are

of the right kind."]

MR. PRESIDENT AND MEMBERS OF THE BAR ASSOCIATION OF THE STATE OF NEW

YORK:--Through the generous impulse of your committee I enjoy the

privilege of responding to this toast. I was informed some four weeks

ago I would be called upon, the committee thinking I would require that

time in preparation, and I have devoted the entire time since in

preparing the address for this occasion. "The Lawyer in Politics." The

first inquiry of the lawyer and politician is, "What is there in it?"

[Laughter.] I mean by that, the lawyer says in a dignified way, "What

principle is involved, and how can I best serve my client, always

forgetting myself?" The politician, and not the statesman, says, "What

is in it?" Not for himself, oh, never. Not the lawyer in politics; but

"What is there in it for the people I represent? How can I best serve

them?"

You may inquire what is there in this toast for you. Not very much. You

remember the distinguished jurist who once sat down to a course dinner

similar to this. He had been waited on by one servant during two

courses. He had had the soup. Another servant came to him and said,

"Sir, shall I take your order? Will you have some of the chicken soup?"

"No, sir; I have been served with chicken soup, but the chicken proved

an alibi." [Laughter.] A distinguished judge in this presence said he

was much indebted to the Bar. I am very glad to say that the lawyer in

politics formed a resolution on the first day of last January to square

himself with the Bar, and he now stands without any debt. [Laughter.] I

remember a reference made by the distinguished gentleman to a case that

was tried by a young, struggling attorney. I also remember a young judge

who appeared in one of the rural counties, who sat and heard a case very

similar to the one to which reference was made, and I remember the fight

of the giants before him. Points were raised of momentous importance.

They were to affect the policy of the State. One lawyer insisted upon

the correctness of an objection and succeeded. He felt so elated over

that success he in a short time objected again, and the judge ruled

against him, but in his ardor he argued with the court. "Why, I can't

conceive why you make this ruling." "Why," the judge says, "I have just

ruled with you once, I must rule with the other fellow this time."

[Laughter.]

[Illustration: REPRODUCTIONS OF MURAL DECORATIONS FROM THE LIBRARY OF

CONGRESS, WASHINGTON

_"LAW"_

_Photo-engraving in colors after the original mosaic panel by Frederick

Dielman_

The mosaics by Mr. Dielman are remarkable for their wealth of color and

detail--properties so elusive as to defy the reproducer's art. But the

picture here given preserves the fundamental idea of the artist. "Law"

is typified by the central figure of a woman seated on a marble throne

and holding in one hand the sword of punishment, and in the other the

palm branch of reward. She wears on her breast the Ægis of Minerva. On

the steps of the throne are the scales of Justice, the book of Law and

the white doves of Mercy. On her right are the emblematic figures of

Truth, Peace, and Industry, on her left are Fraud, Discord, and

Violence. "Law" is a companion piece to "History."]

"The Lawyer in Politics." It is sometimes a question which way the

lawyer will start when he enters politics. I remember reading once of a

distinguished lawyer who had a witness upon the stand. He was

endeavoring to locate the surroundings of a building in which an

accident occurred, and he had put a female witness on the stand. "Now

the location of the door: please give it," and she gave it in a timid

way. "Will you now kindly give the location of the hall in which the

accident occurred?" She gave it. "Now," he says, "we have arrived at the

stairs; will you kindly tell me which way the stairs run?" She became a

little nervous and she says, "I will tell you the best I can; if you are

at the foot of the stairs they run up, and if you are to the top of the

stairs they run down." [Laughter.] So sometimes it is pretty important

to find out which way the lawyer is going when he enters in politics. He

should be tried and tested before being permitted to enter politics, in

my judgment, and while the State is taking upon itself the paternal

control of all our professions and business industries, it seems to me

they should have a civil service examination for the lawyer before he

enters the realm of politics.

A lawyer that I heard of, coming from a county down the river--a county

that has produced distinguished judges who have occupied positions on

the Court of Appeals and in the Supreme Court of the State--said of a

lawyer there who had been in politics, that he had started with bright

prospects, but had become indebted to the Bar during his period in

politics. He had gone back and had taken up the small cases, and yet in

his sober moments it was said the sparks of genius still exhibited

themselves at times. He was called upon to defend a poor woman at one

time who was arrested by a heartless corporation for stealing a lot of

their coal. He sobered up and squared himself before the jury, conducted

the examination of the case and the trial of it, and in a magnificent

burst of eloquence the case went to the jury. And after the jury

retired, he sat, while they deliberated, by his client. And finally the

jury came in. The foreman rose and said that "The jury find the

defendant not guilty." The distinguished lawyer, in the presence of the

crowd and jury, and justice of the peace, straightened back in his

chair. "My dear Miss Smith, you are again a free woman. No longer the

imputation of this heinous crime rests upon you. You may go from this

court-room as free as the bird that pinions its wings and flies toward

the heavens, to kiss the first ray of the morning sunshine. You may go

as free as that bird, but before you go pay me that $3.00 you owe me on

account." [Laughter.] What I mean to enforce by this is that the lawyer

who is in politics solely for the $3.00 is not a safe man to intrust

with political power.

Judge Baldwin, of Indiana, it is said, in giving his advice to lawyers

upon one occasion, told them that the course to be pursued by a lawyer

was first to get on, second to get honor, and third to get honest.

[Laughter.] A man who follows that policy in my judgment is not such a

lawyer as should be let loose in politics. Rather, it seems to me, that

the advice to give to lawyers, and the principle to follow is, first to

be honest, second to get on, and third, upon this broad basis, get honor

if you can. [Applause.] It is unnecessary for me at this time to refer

to the distinguished men who have entered politics from the profession

of the law. I could point to those who have occupied the highest

positions in the gift of the people, who have been the chief executives

of this great Nation, and who have stood in the halls of Congress, and

in the legislative halls of our various States, and in these important

positions have helped formulate the fundamental principles which to-day

govern us as a free people, and upon which the ark of our freedom rests.

I believe that while in the past opportunities have presented themselves

for lawyers in politics, yet no time was ever more favorable than now,

when it seems to me that the service of the Bar is required in helping

shape the policies and destinies of our country. We are confronted with

new conditions, with new propositions, and it seems to me that the man

who is learned in the law, who, as was once said of the great Peel, that

his entire course in life, in and out of the profession, was guided by

the desire to do right and justice, should aid in our adjustment to

these new conditions.

Professional men who are superior to the fascination of power, or the

charms of wealth, men who do not employ their power solely for

self-aggrandizement, but devote their energies in favor of the public

weal, are men who should be found in the councils of the State. Ours is

the country and this the occasion when patriotism and legal learning are

at a premium.

In the settling of the policy of the United States with reference to

territory recently acquired, lawyers are destined to play a leading

part. They are very well fitted to appreciate the fundamental principles

of a free government and of human liberty. It seems the patriotic duty

of the lawyer to give the country the benefit of his study and

experience, not as a mere politician, but as a high-minded and learned

statesman and citizen of our common country.

This is the time when high-minded, learned, and professional men should

assist to plant and protect the flower of our American policy under our

new conditions so that the fruitage of our system may be naturalized in

new fields as a correct policy.

Duty, therefore, seems to call the lawyer to the councils of State. Our

Country is his client, her perpetuity will be his retainer, fee, and

compensation. [Applause.]

Modern Eloquence: Vol III, After-Dinner Speeches P-Z · 第 29 / 186 题