THE POLITICAL LAWYERS

We must consider separately, for it is not universal but peculiar to

our own society, the heavy disability under which the Free Press

suffers in this country from the now unchecked power of the political

lawyers.

I have no need to emphasize the power of a Guild when it is once

formed, and has behind it strong corporate traditions. It is the

principal thesis of "The New Age," in which this essay first appeared,

that national guilds, applied to the whole field of society, would be

the saving of it through their inherent strength and vitality.

Such guilds as we still have among us (possessed of a Charter giving

them a monopoly, and, therefore, making them in "The New Age" phrase

"black-leg proof") are confined, of course, to the privileged

wealthier classes. The two great ones with which we are all familiar

are those of the Doctors and of the Lawyers.

What their power is we saw in the sentencing to one of the most

terrible punishments known to all civilized Europe--twelve months

hard labour--of a man who had exercised his supposed right to give

medical advice to a patient who had freely consulted him. The patient

happened to die, as she might have died in the hands of a regular

Guild doctor. It has been known for patients to die under the hands of

regular Guild doctors. But the mishap taking place in the hands of

some one who was _not_ of the Guild, although the advice had been

freely sought and honestly given, the person who infringed the

monopoly of the Guild suffered this savage piece of revenge.

But even the Guild of the Doctors is not so powerful as that of the

Lawyers, _qua_ guild alone. Its administrative power makes it far more

powerful. The well-to-do are not compelled to employ a doctor, but all

are compelled to employ a lawyer at every turn, and that at a cost

quite unknown anywhere else in Europe. But this power of the legal

guild, _qua_ guild, in modern England is supplemented by further

administrative and arbitrary powers attached to a selected number of

its members.

Now the Lawyers' Guild has latterly become (to its own hurt as it will

find) hardly distinguishable from the complex of professional

politics.

One need not be in Parliament many days to discover that most laws are

made and all revised by members of this Guild. Parliament is, as a

drafting body, virtually a Committee of Lawyers who are indifferent to

the figment of representation which still clings to the House of

Commons.

It should be added that this part of their work is honestly done, that

the greatest labour is devoted to it, and that it is only consciously

tyrannical or fraudulent when the Legal Guild feels _itself_ to be in

danger.

But far more important than the legislative power of the Legal Guild

(which is now the chief framer of statutory law as it has long been

the _salutary_ source of common law) is its executive or governing

power.

Whether after exposing a political scandal you shall or shall not be

subject to the risk of ruin or loss of liberty, and all the

exceptionally cruel scheme of modern imprisonment, depends negatively

upon the Legal Guild. That is, so long as the lawyers support the

politicians you have no redress, and only in case of independent

action by the lawyers against the politicians, with whom they have

come to be so closely identified, have you any opportunity for

discussion and free trial. The old idea of the lawyer on the Bench

protecting the subject against the arbitrary power of the executive,

of the judge independent of the government, has nearly disappeared.

You may, of course, commit any crime with impunity if the professional

politicians among the lawyers refuse to prosecute. But that is only a

negative evil. More serious is the positive side of the affair: that

you may conversely be put at the _risk_ of any penalty if they desire

to put you at that risk; for the modern secret police being ubiquitous

and privileged, their opponent can be decoyed into peril at the will

of those who govern, even where the politicians dare not prosecute him

for exposing corruption.

Once the citizen has been put at this peril--that is, brought into

court before the lawyers--whether it shall lead to his actual ruin or

no is again in the hands of members of the legal guild; the judge

_may_ (it has happened), withstand the politicians (by whom he was

made, to whom he often belongs, and upon whom his general position

to-day depends). He _may_ stand out, or--as nearly always now--he will

identify himself with the political system and act as its mouthpiece.

It is the prevalence of this last attitude which so powerfully affects

the position of the Free Press in this country.

When the judge lends himself to the politicians we all know what

follows.

The instrument used is that of an accusation of libel, and, in cases

where it is desired to establish terror, of criminal libel.

The defence of the man so accused must either be undertaken by a

Member of the Legal Guild--in which case the advocate's own future

depends upon his supporting the interests of the politicians and so

betraying his client--or, if some eccentric undertakes his own

defence, the whole power of the Guild will be turned against him under

forms of liberty which are no longer even hypocritical. A special

juryman, for instance, that should stand out against the political

verdict desired would be a marked man. But the point is not worth

making, for, as a fact, no juryman ever has stood out lately when a

political verdict was ordered.

Even in the case of so glaring an abuse, with which the whole country

is now familiar, we must not exaggerate. It would still be impossible

for the politicians, for instance, to get a verdict during war in

favour of an overt act of treason. But after all, argument of this

sort applies to any tyranny, and the power the politicians have and

exercise of refusing to prosecute, however clear an act of treason or

other grossly unpopular act might be, is equivalent to a power of

acquittal.

The lawyers decide in the last resort on the freedom of speech and

writing among their fellow-citizens, and as their Guild is now

unhappily intertwined with the whole machinery of Executive

Government, we have in modern England an executive controlling the

expression of opinion. It is absolute in a degree unknown, I think, in

past society.

Now, it is evident that, of all forms of civic activity, writing upon

the Free Press most directly challenges this arbitrary power. There is

not an editor responsible for the management of any Free Paper who

will not tell you that a thousand times he has had to consider whether

it were possible to tell a particular truth, however important that

truth might be to the commonwealth. And the fear which restrains him

is the fear of destruction which the combination of the professional

politician, and lawyer holds in its hand. There is not one such editor

who could not bear witness to the numerous occasions on which he had,

however courageous he might be, to forgo the telling of a truth which

was of vital value, because its publication would involve the

destruction of the paper he precariously controlled.

There is no need to labour all this. The loss of freedom we have

gradually suffered is quite familiar to all of us, and it is among the

worst of all the mortal symptoms with which our society is affected.

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