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.]