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ON THE DEATH OF
REST, gentle, lovely being, rest—at last
The voyage of thy fair and fragile bark,
So rudely shaken by the tempests dark,
Thy anchor, firm for aye—that haven where
Thy course was ever bent—to which each air,
The winds within the hollow of his hands,
Oh, now, that thou hast reached the happy land, Look back on those whom darkness still enfolds,
And breathe one more, one sympathizing prayer!
In Heav'n, among the angels of the Lord
(Thus speaks the Book whose teachings we revere,)
Is joy when one poor sinner sheds the tear Of grief for sin—the tear whose bright reward Is all the bliss that God's own realms afford !
And can it be, that we-vile crawling things
May claim regard from those whose seraph wings
In lowest heart the glow of conscious worth-
That he, too, though most earthy of the earth, Is still a spark of Heaven's divinest light
A part celestial of the Eternal Whole!
“ Father, forgive-they know not what they do'
Oh Lord! I thank Thee for that blessed prayer
Which angels joyful to the throne did bear, When from thy lips, thy dying lips, it flew.
Though in thy blood thy creatures did imbrue
Drove deeper still the piercing nail and thorn,
When we, alas ! do crucify again
Forgive us, ignorant and wretched men !
For we, too, know not how we outrage Thee.
REASON AND FAITH.
Say, can tny eye the flood refulgent dare
Of solar light in full meridian gush,
And not be hurried by the glittring rush
Or can thy hand extended towards the bow
Whose crescent lustre silvers all below,
May turn undazzled to the awful blaze
Of God's own Word, Truth's noontide glow divine !
Oh! it is sad to feel the impulse high
Of thought divine-the burning wish to throw
Your soul on pages mantling with the glow
The impulse to obey—that trembling hand
And weakly frame oppose the great command,
Of mind's bright morning o'er my spirit rose,
Dark clouds did soon around the prospect close,
But still I onward strive, and look for help above.
JUDAS AND THE THIEF.
What limit to Thy mercy,
Whom He himself triumphant bore on high,
Of righteous vengeance brandished o'er his head,
Fell harmless at the last few words he said-
Of even him, the wretch, whose traitor kiss
Imprinted death upon his Master's face.
His damning sin was doubting of Thy grace.
ROBERT J. WALSH.
Rio de Janeiro, Oct., 1845.
PROSPECTS OF THE LEGAL PROFESSION IN AMERICA.*
This celebrated work of Mr. War- the misfortunes incident to an unsucren has been increased considerably cessful practice. They are compelled more in quantity, than in value, though to waste much of the most valuable it continues, in our judgment, to be one time and energy of their lives in waitof the very most captivating books, to ing for the world to discover the value the legal student, which the library of of their services. That they may be the law contains. We cannot pame the always ready for whatever business forsecond which is so well calculated to tune has in store for them, they dare not awaken the enthusiasm of the law stu- involve themselves in any collateral dent, and to quicken his sense of the pursuits, but must live on, idly hoping dignity of his vocation, and of the value from day to day that their turn is at of its honors.
hand. They delude themselves with This is probably the chief, if not all fond anticipations of distinctions, such the merit which the author expected as those which tardily rewarded the pahis work would possess, and such it un- tient faith of Hale, of Eldon, and the doubtedly has. It is the first book we few other illustrious chiefs of the Engwould place in the hands of one whom lish bar, who were rescued from that we would inspire with a taste for the great Serbonian bog of exaggerated legal profession.
hopes, where armies whole have sunk. Conceding it to be a successful Time wears away, and with it the couachievement of the author's purpose, rage and enthusiasm which can only there remains a farther question with exist in the atmosphere of successful which we have more particularly to do, effort. Of the thousand who enter the than with Dr. Warren. That is, whe- list, not a hundred will achieve any such ther the prospects of the legal profession, result as would have induced them at in America, justify the exalted aspirations the outset to have exposed themselves which this book is calculated to inspire to the agonizing suspense, the heartDoes the law continue to hold out those sickness of hope deferred, which they rewards of honor or of profit, in this all will have to endure. country, which have so long followed We refer to New-York city, because the successes of its faithful ministers ? there, wealth, population, and opportuIt becomes us to consider this question nity, are most concentrated, and tenvery fairly, eschewing prejudice, for the dencies develope themselves in advance. multiplication of the profession among But there is a corresponding disproporus is indefinite. In the city of New- tion between the demand and supply of York alone, we have over a thousand legal advisers throughout the nation, keeping office, and incurring all the ex- and that disproportion is very rapidly penses incident thereto. Of these increasing. thousand, we speak advisedly, when we The re-appearance of Mr. Warren's say, that not over four hundred are re- book at this time very naturally leads ceiving, from their professional busi- us to inquire, whether there be any ness, a respectable support. Of the thing in the operation of our instituremaining six hundred, a limited pro- tions or the circumstances in which the portion rely upon resources independent legal profession is placed at this time, of their professional income. The re to depress the hopes and the ambition mainder do as people generally do which his labors are eminently calcuwhen they are unable to make both ends lated to inspire. meet, they pass the difference to the pro For our own part, we believe there fit and loss account of their friends. is, and that both the necessity for, and
But all are equally victims to one of the rewards of this kind of professional • A POPULAR AND PRACTICAL INTRODUCTION TO LAW STUDIES, and to every department of the Legal Profession. Civil, Criminal and Ecclesiastical, &c. By SAMUEL WARREN, Esq. F. R. S., of the Inner Temple, Barrister at Law. With an American Introduction and Appendix, by Thos. W CLERKE, Counsellor at Law. D. Appleton & Co., New York
1 vol. 8vo.
toil, are diminishing. We augur thus tive necessity, and therein the relative in no croaking spirit of disfavor towards prospects of the legal profession, as a a profession which the world has al- distinct order of industry. If we find ways delighted to honor, but from a any source of litigation permanently conviction, based upon some observa- closed, and no other of equal magnitude tion, and upon a careful scrutiny of the opened, we infer that the professional tendencies of our civilization. We prospects of the lawyers are to that expropose, at present, only to glance at the tent obscured. grounds of our impression.
We would now ask if there can be We have for a long time been im room for doubt, that the prevailing and pressed with a conviction, that the popular legislation upon the subject of sphere of duty of the law's ministry banking, upon the right of eminent dohas been very much limited, and is des- main, and therein of internal improvetined to undergo still farther limitations, ments generally, upon the whole subunder the direct and indirect operation ject of chartered privileges, whereby of our political institutions.
the government enters into competition The tendency of all representative with individuals, upon the subject of forms of government, and most empha- religious establishments; have dried up tically of ours, is, to enlarge the powers innumerable sources of litigation. Take of individuals, and to circumscribe those the subject of religious instruction, of the government. This tendency is which is the only one of those enumerevident a priori ; it is equally apparent ated from which the American governin the past history of our country. All ment has in theory, at least, entirely our great questions of legislation since divorced herself, and compare the litithe American constitution went into gation, in this country, to which it gives operation, have arisen upon a difference rise, with the same subject in England. of opinion upon this point, the limits of The collection and distribution of church the legislative prerogative. In most revenue, and the reconciliation of concases, the individual has been success- flicting interests under the English ful, and the government has succumb- church establishment, has occasioned ed. It has been already substantially more law suits in England, than almost conceded, that it is no part of the func- any subject of legislation whatever in tions of a political government, to bank, this country. Their books are filled to trade, to lend money, to make inter- with reported cases. We have none nal improvements, and to supply reli- of it scarcely. The ecclesiastical instigious instruction to its subjects; and the tutions are simplified, and so self-contendency of the public mind is to ques- trolled with us-divorced from the state tion the right of the government, to say that we very rarely find them requirwho shall sell and buy meat and bread, ing judicial interference.--The same or what shall be paid for them; who remarks may be applied to the other shall transport our letters and newspa- instances we have presented, so far as pers; who shall superintend the instruc- government has withdrawn from their tion of our poor children ; and, indeed, administration. almost all the other political powers,
Of a kindred birth and tendency, save those which are necessary to keep though less articulate, are the exempone man's hand off his neighbor, and to tion laws, the stay laws, the appraisal maintain inviolate the universal and laws, the bank suspension laws, and the common rights of life, liberty, and pro- repudiation laws of some of our westperty. The absence of all legislation ern states. All are the incoherent upon these and kindred subjects, of stammerings of a principle as yet but course diminishes the sources of litiga- imperfectly developed. But when a tion, which can only spring from a vio- truth has even thus far wreaked itself lation, alleged or real, of some existing upon expression, there is no power on law.
the earth, or in the waters under the Such being the tendency, then, of the earth, to resist its supremacy. It will democratic faith, to limit the functions agitate, it will struggle, it will writhe, and prerogative of the governing power, but it will have utterance. It may sucand to enlarge the moral authority of cumb for a season, but it will not be the individual conscience, we have a cheated of a single fraction or tithing of standard whereby to measure the rela- the empire over the heart and mind of
We look for the time, and that rica. Sustained by no special privileges soon, when the political parties shall or rewards, accessible to every class of divide upon the expediency, if not the society, every order of talent, and every constitutionality of protecting contracts degree of ignorance, the ancient dignity by law, and when the present offices of of their vocation has almost entirely the judiciary shall in this particular be abandoned it. It has degenerated from very seriously restricted.
a liberal art to a trade. Its professors, These infuences, seriously as they from artists, have become artizans; are operating, are but the parents of the from scholars, they have degenerated giant brood of tendencies which are ef to clerks. They no longer sustain the fecting the overthrow of the ancient honorable eminence of the Roman padignities and eminence of the legal tron, the protector and defender of their professio!). The instinct of individual polital inferiors, from whom they may independence is tital to any precarious, command both services and homage. or what in this case is nearly synony- They are no longer looked up to as nomous, to any extensive system of com cessary mediators between their clients merciul cre sits. An independent man and oppression; but are rather, themcannot ba bound by an oblig ion to his selves, the dependants than the patrons neighbor. The moment he becomes of the public. bound his independence forsakes him. We are far, however, from deploring He will, therefore, avoid receiving a cre this change in the social position of the dit which he cannot be sure to cancel legal profession, for we think we disbefore it beco:nes a bond. Neither will cern in it the evidence of great moral he give a credit which he thinks may advancement. It is the natural and incripple his independence by being dis- evitable result of the individualization honored. He will not trust to an un of our people. Thereby we know that faithful or a stupid man what he cannot we no longer enjoy our liberties at the afford to lose. Just in proportion, then, discretion of others. No haughty proas the doctrine of individuality obtains, consul, the proxy of a despot, armed will commercial credit be based upon with the double licentiousness of unrethe combined honesty and sagacity of strained authority and unbridled appethe borrowers. When these two con tites, can now impoverish our provinditions of a mercantile transaction are cial cities, riot upon our substance, and guaranteed, the creditor seldom has oc violate our most sacred sentiments and casion for legal protection or assist- rights. Every man's love of his own
rights with us, makes him respect the True, a long time must elapse before rights of others; and we have no Cicethe condition we have supposed will be ro or Hortensius at our bar, because realized. True, we have somewhat we have no Verres, or Cataline, or Mesanticipated the results with which we sala in authority. His professional tabelieve the future to be freighted. But lents can never distinguish or dignify we have magnified existing tendencies the social position of the lawyer, in a only that they may be more clearly society where the people are denied no
All their proportions are pre- important rights. His rank is elevated served, and we have the firsnest convic as the social condition of the people is tion that time will prove that we have depressed, other things being equal. anticipated, not imagined, the fruits of The few occasions for judicial aid and their maturity. Nor does this maturi- protection are of such trifling interest ty appear to be very remote.
to the great body of the public, that the ver knew a single truth satisfied to share advocate awakens but little anxiety its empire with error. Truth never about the result of his efforts, save in compromises with any antagonist. It the breast of his own client. His fuocmay be delayed in receiving investiture tion, too, has been so modified by the for a season, but it is never quiet until progress of free legislation, that a large it has vindicated its entire and absolute and comprehensive mind is narrowed supremacy.
and hampered by engaging in the work. There is another aspect of this sub. For the service that is now mainly reject which deserves to be contemplated quired of the lawyer, no special prebefore we dismiss it; we refer to the paratory education is essential which is depreciated diguity of the Bar in Ame- not equally essential to the merchant,