REMARKS--LAW.

The lawyers are the real aristocracy of America; they comprehend nearly

the whole of the gentility, talent, and liberal information of the

Union. Any one who has had the pleasure of being at one of their

meetings, such as the Rent Club at New York, would be satisfied that

there is no want of gentlemen with enlightened, liberal ideas in the

United States; but it is to the law, the navy, and the army, that you

must chiefly look for this class of people. Such must ever be the case

in a democracy, where the mass are to be led; the knowledge of the laws

of the country, and the habit of public speaking being essential to

those who would reside at the helm or assist in the evolutions: the

consequence has been, that in every era of the Union, the lawyers have

always been the most prominent actors; and it may be added that they

ever will play the most distinguished parts. Clay and Webster of the

present day are, and all the leading men of the former generation were,

lawyers. Their presidents have almost all been lawyers, and any

deviation from this custom has been attended with evil results; witness

the elevation of General Jackson to the presidency, and the heavy price

which the Americans have paid for their phantom glory. The names of

Judge Marshall and of Chancellor Kent are well known in this country,

and most deservedly so: indeed, I am informed it has latterly been the

custom in our own law courts, to cite as cases the decisions of many of

the superior American judges--a just tribute to their discrimination and

their worth.

The general arrangement of that part of the American constitution

relating to the judicature is extremely good, perhaps the best of all

their legislative arrangements, yet it contains some great errors; one

of which is, that of district and inferior judges being _elected_, as it

leaves the judge at the mercy of an excitable and overbearing people,

who will attempt to dictate to him as they do to their spiritual

teacher. Occasionally he must choose whether he will decide as they

wish, or lose his situation on the ensuing election. Justice as well as

religion will be interfered with by the despotism of the democracy.

The Americans are fond of law in one respect, that is, they are fond of

going to law. It is excitement to them, and not so expensive as in this

country. It is a pleasure which they can afford, and for which they

cheerfully pay.

But, on the other hand, the very first object of the Americans, after a

law has been passed, is to find out how they can evade it; this

exercises their ingenuity, and it is very amusing to observe how

cleverly they sometimes manage it. Every state enactment to uphold the

morals, or for the better regulation of society, is immediately opposed

by the sovereign people.

An act was passed to prohibit the playing of _nine pins_, (a very

foolish act, as the Americans have so few amusements): as soon as the

law was put in force, it was notified every where, "_Ten_ pins played

here," and they have been played every where, ever since.

Another act was passed to put down billiard tables, and in this instance

every precaution was taken by an accurate description of the billiard

table, that the law might be enforced. Whereupon an extra _pocket_ was

added to the billiard table, and thus the law was evaded.

When I was at Louisville, a bill which had been brought in by congress,

to prevent the numerous accidents which occurred in steam navigation,

came into force. Inspectors were appointed to see that the steam-boats

complied with the regulations; and those boats which were not provided

according to law, did not receive the certificate from the inspectors,

and were liable to a fine of five hundred dollars if they navigated

without it. A steam-boat was ready to start; the passengers clubbed

together and subscribed half the sum, (two hundred and fifty dollars),

and, as the informer was to have half the penalty, the captain of the

boat went and informed against himself and received the other half; and

thus was the fine paid.

At Baltimore, in consequence of the prevalence of hydrophobia, the civic

authorities passed a law, that all dogs should be muzzled, or, rather,

the terms were, "that all dogs should wear a muzzle," or the owner of a

dog not wearing a muzzle, should be brought up and fined; and the

regulation farther stated that anybody convicted of having, "removed the

muzzle from off a dog should also be severely fined." A man, therefore,

tied a muzzle to his dog's tail (the act not stating where the muzzle

was to be placed). One of the city officers, perceiving this dog with

his muzzle at the wrong end, took possession of the dog and brought it

to the town-hall; its master being well known, was summoned, and

appeared. He proved that he had complied with the act, in having fixed

a muzzle on the dog; and, farther, the city officer having taken the

_muzzle off_ the dog's tail, he insisted that he should be fined five

dollars for so doing.

The _striped_ pig, I have already mentioned; but were I to relate all I

have been told upon this head, it would occupy too much of the reader's

time and patience.

The mass of the citizens of the United States have certainly a very

great dislike to all law except their own, i.e., the decision of the

majority; and it must be acknowledged that it is not only the principle

of equality, but the parties who are elected as district judges, that,

by their own conduct, contribute much to that want of respect with which

they are treated in their courts. When a judge on his bench sits

half-asleep, with his hat on, and his coat and shoes off; his heels

kicking upon the railing or table which is as high or higher than his

head; his toes peeping through a pair of old worsted stockings, and with

a huge quid of tobacco in his cheek, you cannot expect that much respect

will be paid to him. Yet such is even now the practice in the interior

of the western states. I was much amused at reading an English critique

upon a work by Judge Hall (a district judge), in which the writer says,

"We can imagine his honour in all the solemnity of his flowing wig,"

etcetera, etcetera. The last time I saw his _honour_ he was cashier to

a bank at Cincinnati, thumbing American bank-notes--dirtier work than is

ever practised in the lowest grade of the law, as any one would say if

he had ever had any American bank-notes in his possession.

As may be supposed, in a new country like America, many odd scenes take

place. In the towns in the interior, a lawyer's office is generally a

small wooden house, of one room, twelve feet square, built of

clapboards, and with the door wide open; and the little domicile with

its tenant used to remind me of a spider in its web waiting for flies.

Not forty years back, on the other side of the Alleghany mountains, deer

skins at forty cents per pound, and the furs of other animals at a

settled price, were _legal_ tender, and received both by judges and

lawyers as fees. The lawyers in the towns on the banks of the

Susquehannah, where it appears the people, (notwithstanding Campbell's

beautiful description,) were extremely litigious, used to receive all

their fees in kind, such as skins, corn, whiskey, etcetera, etcetera,

and, as soon as they had sufficient to load a raft, were to be seen

gliding down the river to dispose of their cargo at the first favourable

mart for produce. Had they worn the wigs and gown of our own legal

profession, the effect would have been more picturesque.

There is a record of a very curious trial which occurred in the state of

New York. A man had lent a large iron, kettle, or boiler, to another,

and it being returned _cracked_, an action was brought against the

borrower for the value of the kettle. After the plaintiff's case had

been heard, the counsel for the defendant rose and said:--"Mister Judge,

we defend this action upon three counts, all of which we shall most

satisfactorily prove to you.

"In the first place, we will prove, by undoubted evidence, that the

kettle was cracked when we borrowed it.

"In the second, that the kettle, when we returned it was whole and

sound.

"And in the third, we will prove that we never borrowed the kettle at

all."

There is such a thing as proving too much, but one thing is pretty

fairly proved in this case, which is, that the defendant's counsel must

have originally descended from the Milesian stock.

I have heard many amusing stories of the peculiar eloquence of the

lawyers in the newly settled western states, where metaphor is so

abundant. One lawyer was so extremely metaphorical upon an occasion,

when the stealing of a pig was the case in point, that at last he got to

"coruscating rays." The judge (who appeared equally metaphorical--

himself) thought proper to pull him up by saying:--"Mr --, I wish you

would take the feathers from the wings of your imagination, and put them

into the tail of your judgment."

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