ATTORNEY AT LAW.

1. A lawyer is one who, by profession, transacts legal business for

others, who, in this relation, are called _clients_. A lawyer is

either an attorney or councillor, or both. The part of legal business,

belonging peculiarly to the attorney, consists in preparing the

details of the _pleadings_ and the _briefs_ for the use of the

councillor, whose especial province it is to make the argument before

the court. When the lawyer prepares his own case and makes the

argument, as he generally does, he acts in the capacity of both

attorney and councillor. In the court of chancery the lawyer is

denominated _solicitor_, and in the admiralty court, _proctor_. Before

a person is permitted to practise law in our courts, he is required to

pass through a regular course of study, and afterwards undergo an

examination before persons learned in the law.

2. This profession has its foundation in the numerous and complicated

laws which have been adopted by men, to govern their intercourse with

each other. These laws, as they exist in our country, may be divided

into _constitutional_ and _municipal_. Constitutional law is that by

which the government of the United States, and those of the different

states, have been established, and by which they are governed in their

action. The Constitution of the United States is the supreme law of

the land.

3. Municipal law embraces those rules of civil conduct prescribed by

the supreme power of the state, or of the United States; and is

composed of _statute_ and _common_ law. Statute law is the express

will of the legislative part of the government, rendered authentic by

certain forms and ceremonies prescribed by the Constitution.

4. Common law is a system of rules and usages, which have been applied

in particular cases of litigation. It originated in the dictates of

natural justice, and cultivated reason, and is found more particularly

in the reports of the decisions of the courts of justice. The common

law is employed in cases which positive enactments do not reach, and

in construing and applying positive enactments. The common law of

England has been adopted by every state in the Union, except

Louisiana.

5. The Constitution of the United States, and those of the several

states, provides for three departments in their respective

governments, viz., the legislative, the executive, and the judicial.

It is the chief province of the first to enact laws, and of the second

and third to see that they are duly executed.

6. The judicial power of the United States is vested in one _supreme

court_ and two inferior courts. The Supreme Court is now composed of

seven justices who commence their session in the Capitol, at

Washington, on the second Monday in January. The two inferior courts

are the _District_ and _Circuit Courts_. In the first of these

presides a single judge; in the second, one of the justices of the

Supreme Court, and the district judge.

7. The judiciary of the United States takes cognisance of all cases

which arise under the Constitution, laws, and treaties, of the United

States, and likewise of those cases arising under the law of nations.

It also embraces all cases of admiralty and maritime jurisdiction, as

well as those controversies to which the government of the United

States is a party, the controversies between two states, between a

state and citizens of another state, between citizens of different

states, and between a state or citizens thereof, and foreign states,

citizens, or subjects.

8. The judicial systems of all the states correspond, in many

respects, with each other. In all, the office of justice of the peace

is similar. To these magistrates, the general police of the counties

is chiefly committed, as they have authority to cause criminals, and

other disturbers of the peace, to be arrested; and, if the offence is

small, to fix the penalty; but, if the offence is too great to be

brought within their jurisdiction, they commit the offenders to

prison, to be reserved for trial before a higher tribunal.

9. In many of the states, the common magistrates of the county, or a

select number of them, form a court, called County Sessions, which has

a comprehensive jurisdiction in matters of police, and in regulating

the affairs of the county; such as building courthouses, assessing

county taxes, opening roads, and licensing taverns.

10. In Virginia, the County Sessions is an important court. Its

jurisdiction extends to many criminal cases, and to those of a civil

nature involving the amount of $300. Although a great amount of

business passes through these courts, the justices discharge all their

duties without compensation. In most of the states, the common

magistrates, in their individual or collective capacity, have

jurisdiction over civil cases, varying in their greatest amount from

thirteen to one hundred dollars, a right of appeal being reserved to a

higher court.

11. No definite qualifications are required by law or usage for

practising in the magistrates' courts, accordingly, there are many

persons who plead causes here, who do not properly belong to the

profession of law; these are called _pettifoggers_, and the practice

itself, by whomsoever performed, is called _pettifogging_. Lawyers of

inferior abilities and acquirements are, also, frequently termed

pettifoggers.

12. In all the states, a class of county courts is established,

denominated Courts of Common Pleas, County Courts, District or Circuit

Courts, which have original jurisdiction of civil actions at law, or

indictments for crimes. Over these are established the Superior or

Supreme Courts, or Courts of Error and Appeal, to which appeals are

admitted from the inferior courts.

13. Civil cases are frequently decided on principles of equity; and,

in some states, courts of chancery are established for this purpose.

But, in most of the states, there are no decisions of this kind; or

the same courts act as courts of law and equity, as is the case with

the courts of the United States.

14. There are several other courts that might be mentioned; but enough

has been said of these institutions, to give an idea of the extensive

range of the profession of the law. It may be well to remark here,

that few lawyers aspire to the privilege of practising in the supreme

courts; since, to be successful there it would require not only great

abilities, but more extensive reading than the profession generally

are willing to encounter.

15. When a client has stated his case in detail to his attorney, it is

the province of the latter to decide upon the course most proper to be

pursued in regard to it. If the client is the plaintiff, and

litigation is determined upon, the attorney decides upon the court in

which the case should be brought forward, and also upon the manner in

which it should be conducted.

16. The suit having been brought, say into the County Court, it is

tried according to law. If it involves facts or damages, it is

canvassed before a jury of twelve men, who are bound by oath or

affirmation to bring in their verdict according to the evidence

presented by both parties. It is the business of the lawyers, each for

his own client, to sum up the evidence which may have been adduced,

and to present the whole in a light as favorable to his own side of

the question as possible.

17. When the case involves points of law which must needs be

understood by the jury, to enable them to make a correct decision, the

advocates of the parties present their views with regard to them; but,

if these happen to be wrong, the judge, in his charge to the jury,

rectifies the mistake or misrepresentation. The case having been

decided, each party is bound to submit to the decision, or appeal, if

permitted by law, to a higher tribunal.

18. Causes to be determined on legal principles only, are brought

before the judge or judges for adjudication. In such cases, the

advocates present the statute or common law supposed to be applicable,

and then reports of similar cases, which may have been formerly

decided in the same or similar courts. These reports are the exponents

of the common law of the case, and are supposed, in most instances, to

furnish data for correct decisions.

10. Besides the management of causes in public courts, the lawyer has

a great mass of business of a private nature; such as drawing wills,

indentures, deeds, and mortgages. He is consulted in a great variety

of cases of a legal nature, where litigation is not immediately

concerned, and especially in regard to the validity of titles to real

estate; and the many impositions to which the community is liable from

defective titles, render the information which he is able to afford on

this subject, extremely valuable.

20. In the preceding account of this profession, it is easy to

perceive that it is one of great utility and responsibility. It is to

the attorney, that the oppressed repair for redress against the

oppressor; and to him, the orphan and friendless look, to aid them in

obtaining or maintaining their rights. To this profession, also, as

much as to any other, the American people may confidently look for the

maintenance of correct political principles.

[Illustration: The PHYSICIAN.]

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