POSITION OF THE AMERICAN LAWYER.

LETTER TO THE SECRETARY OF THE STORY ASSOCIATION,

JULY 15, 1851.

BOSTON, July 15, 1851.

DEAR SIR,--As a faithful pupil of the Law School, and an attached

friend, during life, of the founder, whose illustrious name your

Association bears, I feel a thrill at every act or word which does

them honor. And since I may not be able to be present at your

festival, I venture to send congratulations on the happy auspices

of the day, and--mindful that I address a professional assembly--to

inclose a sentiment commemorating the dignity and the duties of the

American Lawyer.

A brief personal experience will properly introduce it. Some

years ago, while at Heidelberg, in Germany, it was my fortune to

see much of Thibaut and Mittermaier, both jurists of eminent fame:

the first--now dead--renowned for learning in the Roman Law, and

for early and constant support of a just scheme for the reduction

of the unwritten law to the certainty of a written text; and the

other, who is still spared, the greatest living master of Criminal

Law, and of the various systems of Foreign Jurisprudence. Next

after the aristocracy of birth, they were unquestionably at that

moment among the most conspicuous men of Germany.

In the course of a long conversation, chiefly on matters of

juridical interest, in the freedom of social intercourse at dinner,

one of them asked with regard to the position of the American

Lawyer, and both seemed earnest for my answer. I promptly replied:

"No person is his superior. His position, Gentlemen, if you will

pardon me for saying it, is what yours would be in Germany, if

there were no aristocracy of birth." Both seemed penetrated by this

allusion, and, looking each other in the face, exclaimed at once,

in apparent consciousness of their true rank: "That is very high

indeed!"

The sentiment which I now submit was suggested by this incident.

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