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be necessary for their fishing excursion | lightful therne ; though I cannot enthe day following.
tirely pass over this idea, without “ The natives have a notion, that if attempting, at least, to throw in my any of them whistle while they remain mite on its importance. The advanunder the rock where they have re- tages found in history seem to be of tired to sleep, the rock will fall upon three kinds; as it amuses the fancy, them; this they say was the case with as it improves the understanding, and a number of natives at a certain place, as it strengthens virtue. “The writone of whom, contrary to custom, ers of history as well as the readers,” whistling, the rock fell and crushed observes an author somewhere, “are them all to death.
sufficiently interested in the characters “ The natives of New South Wales and events, to have a lively sentiment are capable of forming friendship, and of blame or praise, and at the same of feeling sorrow. It is true, their time have no particular interest or grief does not continue long; at the fu- concern, to pervert their judgment. neral of a child, the father will weep But these advantages are strengthmuch, and appear to be much affected ened, whenever we find that “the rewith deep sorrow of heart, but as soon lation of historical facts” is not “inas he has retired from the grave, all volved in mystery and doubt ;” and symptoms of grief are fled away, and as T. Wmacknowledges that he resumes his former appearance. “the present subject presents no such
There is no doubt that this race obstacles to impede our progress from may, with kindness and humanity, be coming to a conclusion, founded upon made a useful people; they have the a strict accordance of' testimony, at talent of imitation. Several have al- once reasonable and satisfactory," we ready been very serviceable to the are fortunately placed on the same settlers, in acting as stock-keepers footing in the discussion of this inteand rowers. In these departments resting question. they have been equal, if not superior, Perhaps, Sir, in the discharge of to many Europeans. The natives our respective duties towards our never think of providing for to-mor- children, there cannot be a more critirow; all the food they procure at one cal juncture, than in the exercise of time they eat before they remove from parontal authority, in similar cases the place; after they have eaten their to that of Junius Brutus with his two fill, they lay themselves down upon the sons. But when to his parental, he grass and sleep, and in this situation has to unite his public duties, we they remain until hunger urges them cannot conceive a subject more afflictto activity.”
ing, and yet interesting. It is a subAmong these ignorant barbarians, ject which requires the fullest and a mission, by Mr. Walker, has lately most impartial knowledge of the been opened, under the most encou- events, rightly to determine the doubtraging auspices, from those whose ful question. A correct knowledge patronage can at once sanction and is indispensably necessary to a corpromote the arduous undertaking. rect conclusion. This mission is much approved by the If, Sir, your correspondent had colonists, who have promised to ren- made the present a general, and not der it their support. But times and a particular question, I should feel seasons are in the hand of Omnipo- no hesitation in coinciding with the tence, and to him alone the friends sentiments expressed by T. W of missions must look for success. For it must readily be confessed, that
we are all called to "administer” equal
and indiscriminate justice to all parReply to a Letter on the Conduct of ties, regardless of “private worth, doJunius Brutus, inserted in col. 242. mestic affection, or kindred alliances."
However, there are instances which MR. EDITOR.
justly call for a relaxation of these Sir,- After the brief but striking view strict and salutary enactments of the in which the value of history is placed law, and at the same time not yield by your correspondent T.w- -m, the general principle. If, then, there previous to his remarks on the con- is one case which claims this relaxaduct of Junius Brutus, I feel it unne- tion of the full penalty more than ancessary to enlarge much on this de- l other, the affair of Brutus must be
acknowledged to be the most pressing, these bold assertions. I ask for his -alike commanding our sympathy and proof. I would appeal to his own auour pity.
thorities, and ask, Is it in Deoringsus? I affirm that it is necessary to ascer- Is it in Livy ? In Cicero? In Plutain the origin of Brutus's Consular tarch?.I have yet to learn that Bruauthority. And here I deny the posi- tus was less a tyrant, and more attion of T. W—m, “that the projects tached to the love of liberty, than the of Brutus were founded upon the most Tarquin family. What greater liberty undoubted equity.”. The fact is, that did the people of Rome enjoy under Junius obtained his authority by in the Consulship of Brutus, than under trigue and violence; that he appealed the monarchy of the Tarquins ? These to the vindictive feelings of the popu- are questions which require distinct lace, and not to the dispassionate and decisive answers. judgment of the nation. Having ari- I think, Sir, it will not be denied, sen from his seclusion by party com
that wherever difficulties occur in the motion, it is admitted by T. w—m, administration of public justice, it is “Brutus availed himself of this favour- ever wise to lean to the side of mercy. able opportunity,” (the crime commit. But stern unshaken justice is alone to ted by Sextus Tarquinius,)" by ob- be found in the execution of Titus and taining a decree of the Senate, that Tiberius.* No “justice, tempered Tarquin and his family should be for with mercy,' appears here.
The ever banished from Rome; and that it strict letter of an unjust and party should be capital for any to plead for law must be enforced. The accused their return." On this enactment“ were arraigned in the Forum before T. W- -m builds his argument. But the Senators." “ The judges who this law was evidently the fruit of fac- were present felt all the pangs of nation and commotion ; and ought no ture, Collatinus wept, and Valerius more to be abode by as a national and would not express his sentiments. just law, than the very many violent Brutus alone seemed to have lost all decrees which were issued during the softness of humanity; and with a the French Revolution, under the im- stern countenance, and a tone of mediate direction of á Robespierre, voice that marked his gloomy resolu&c. &c. or the daring effusions of á tion, demanded of his sons, if they bold usurper.
could make any defence to the crimes After that Tarquin and his family with which they had been charged.” were expelled from Rome, we are in. No answer being returned, Brutus formed that “two Consuls were in- pointed to the lictors, and said, stantly appointed in the persons of Your's is the part that remains." " Brutus and Collatinus.”* A proof, How the heart bleeds to view the inif one were needed, that Brutus got difference of the Father and the Coninto public authority by faction and sul, at this most affecting scene! But the feelings of the populace ; for if what is the motive by which Brutus is Brutus obtained it by“ genuine patri- actuated? Is it love to equity and otism” that was never equalled,” justice? No! As by intrigue he obwhat action for the good of his country tained the Consulate, so
was he did Collatinus perform, that he also anxious to maintain it, even by the should be united with Brutus in the most revolting of human actions. If, Consular dignity? Let T. W- -m indeed, I could recognize the antifairly meet and answer this ques- christian and antisocial doctrine of T. tion.
Wm, “that all the tender emoSo great is the admiration of T. tions of parental love must cease to viW-m, on the conduct of Brutus, brate, when a child shoots the arrow that he seems to want expressions to of malignity at the heart-strings of a convey his full and complete senti- father;" my ideas would doubtless be ments : hence we find Brutus styled different to what they are on the pre" the deliverer of his country from sent question. But thanks for the tyranny;" we hear of his having * planted the standard of liberty:" and * I have here assumed the assertion of that in Brutus “throwing off the Langhorne, as regards the name of the second idiot's garb,” the “liberty of Rome son of Brutus, in order to distinguish bim was risked.” It were well had T. clearly from Valerius (afterwards mentioned,)
a kinsman of the father of Lucretia, the wife Wm condescended to make good of Collatinus.
light of divine revelation, that we are found productive of some beneficial therein taught a contrary doctrine. effects. Let us call to mind a noble example; That each of the three branches of it let the contrast be made ;-and let a demands a very considerable degree blush possess the cheeks of that of ability, no one will attempt to disman who would decide in favour of pute; the only point to ascertain, is, Brutus.
which requires the greatest? I shall, When Absalom conspired against therefore, in this discussion, endeaa David his father, we read only of the vour to state some of the most promitenderest sympathy in the parent for nent talents required for each profeshis traitorous son. When the time of sion; that we may be enabled to form battle draws nigh, David gives a po- some conception regarding their sepasitive charge to his army concerning rate merits. Absalom, in expressions highly de- Reversing the order, then, in which scriptive of his concern for the safety the question stands, and entering first of his disobedient son. “ Deal gen- upon the consideration of the Bar, tly, for my sake, with the young man, I shall confine myself closely to the even with Absalom.” (2 Sam. xviii. point at issue, and not embrace the 5.) And who can paint in more glow- whole profession of the law, including ing colours, the heartfelt sorrow of chamber lawyers, attorneys, magisthe parent, when he hears of the un- trates, judges, &c. &c.; the subject timely death of an ungrateful son, referring simply, distinctly, and exthan is recorded of David by the sacred plicitly, to barristers who plead in our writer : “ And the king was much different Courts of Judicature. moved, and went up to the chamber I know it is supposed, that the barover the gate, and wept: and as he rister bas to wade through the volumiwent, thus he said, O my son Absa- nous pile of Statutes of British Jurislom, my son, my son Absalom ! would prudence, with a most extraordinary God I had died for thee, O Absalom, degree of diligence and attention--to my son, my son !" (2 Sam. xviii. ponder over the gloomy pages of black 33.)
letter- and to put himself in possesThe above striking contrast needs sion of the decisions of all cases of no comment of mine, to point out the any importance. I am far from being superiority of the better feelings and willing to underrate the abilities nejudgment of David, to those of Bru- cessary for the bar; but I think it will tus. I will close this letter, by hoping, be found that this is more imaginary that we may all adopt and exemplify, than real. My impression is, that in our practice, the filial affection of a they fix upon their minds those parts David, towards our children; and of the law of the land which are most pity the harsh and unchristian feelings frequently called into use; and when of those, who suppose, that “all the a difficult or abstruse case is put into tender emotions of parental love must their hands, it is then that they turn cease to vibrate, when a child shoots over the pages of black letter for inthe arrow of malignity at the heart formation-it is then that they search strings of his father.”
for precedents and decisions; and all Your's, respectfully, this is accomplished with considerably
M.J. less labour than is generally imagined. John-street, March 7, 1822.
They have not to penetrate through the almost unintelligible type of Sta
tute after Statute, in search of what Where is the greatest Ability required— they need; bat they come to it at
in the Pulpit?--the Senate?-or at the once by merely consulting the index Bar ?
-an index which is mostly so elabo
rate in its nature, as to serve all the An eminent writer of the present day purposes of a well-digested, and wellobserves, that all knowledge springs regulated, concordance.
When we from comparison. Without assenting consider this amazing facility, and to the full extent of this position, I the constant practice of hearing both admit that there is much truth in the ancient and modern law brought beremark; and have only to hope that fore the court, and the numberless the present question, (which is strictly variety of precedents and decisions a question of comparison) will be quoted from the best authorities, I think it must be obvious that the great instances, where individuals have depth of reading, and the wondrous, pleaded their own cause with more and even almost miraculous, strength ability, and greater success, than barof memory, supposed, are but specu- risters are able or accustomed to do. lative notions, and have no foundation The barristers opposed to them have in reality.
invariably sunk into comparative inIt may appear at first thought, that significance ; they, “whose only power the barrister must have an intimate is law,” have outshone them, merely acquaintance with every subject he is in the knowledge of legal technicaliemployed to advocate—that he must ties, of dexterous and ingenious evabe conversant with the complicated sion of facts; and fortunately for their intricacies of commercial transactions profession, law was always written in --with agricultural interests—with ec- that vague and undefined manner, as clesiastical polity-with hereditary to admit of various interpretations; title and property-with libellous ac- and though it has all the deceptive tions with criminal offences -- in appearance of plainness and intelligishort, with every subject which is con-bility, it possesses all the reality of nected with the domestic and national mystery and ambiguity. property of the country: but this I am aware that it is a very common again is as deceptive as it is errone- act for gentlemen belonging to the pro
They go no further than the fession of the bar, when they find they briefs they hold in their hands allow have a case which they cannot possibly them; for here are recorded all the defend by reason or by facts, to have prominent facts which it is necessary recourse to punning and to irony, on they should be in possession of. I purpose to obtain a verdict for their grant that they have a superficial client. I am aware that in cases of knowledge of every thing; but seldom seduction particularly, many look a profound acquaintance with any forward to a favourable decision by thing. It may be said, that he is appealing to the passions, instead of constantly opposed by an adversary, the judgment, of the jury; but this that he is stopped at every march; is an ability, I contend, not requisite and that he necessarily requires an for the bar; it is the prostitution or acuteness of intellect, and a ready misapplication of it altogether. He promptitude. This I admit. Here is should strive to obtain that verdict an ability required, most unquestion- which is the result of evidence, reaably, of a superior order. Prompti- son, and reflection, and not endeatude is one of the most essential quali-vour to lead the judgment astray by fications of a barrister; and without alluring the fancy, and charming the it, he is nothing ; but an active prac- passions of the jury, to the total subtice will necessarily produce that abi- version of every principle of equity, lity. He must be almost an idiot, if which it is the imperative duty of the he is not prompt enough to reply to jury to uphold, to maintain, and to his opponent, when it must be ac-administer. When the passions are knowledged that the nature of his operated upon, so as to have an ascenprofession affords him so many abun-dency over the judgment, and infludant opportunities.
ence their deliberations, the result The bar is bounded by legal techni- seldom or ever bears the scrutinizing calities, and if the barrister possesses eye of conscientious satisfaction in this attainment, it is far more useful subsequent retrospection. than an acquaintance with general subjects; because, as has been before If we look to the Senate, it will be observed, the briefs give him full infor- found that qualifications of a higher mation of every case put into his order are necessary; though I do not hands, however diversified their ob- mean to infer that all, or even a majects. From these considerations, it jority of our legislators, possess those will appear, that the ability requisite requisites which I propose to point for the bar, is but very limited indeed, out; knowing that wealth and interest in comparison with the other two too generally supersede mental eligibranches of the question. To shew bility. In the senate house, the field still more clearly that the bar does not for the manifestation of greater ability demand such great extension of abi-opens and expands. Here are queslity, I need only refer to many recent tions propounded for discussion, of
the most difficult solution. The sena- He should be at all times ready to tor must look prospectively and retro-wage war in behalf of the rights and spectively; for the whole happiness liberties of his country; and as anxand prosperity of an empire depend ious at all times to avoid invading the upon the talent and judgment of the rights and liberties of others. He senate. The whole of the internal go- should not rest satisfied in framing vernment of a country, as existing by laws, but should see that they are itself, and as affecting other nations, most scrupulously administered ;should be deeply considered. Every that the indigent have a fair prolink of the mighty chain must be well portion in the balance with the opuexamined, so that not one shall be lent, and mighty, and renowned ; for broken which may at all unhinge or justice knows of no distinction, and it disturb the comfort, the interests, the is the indispensable duty of a senator, tranquillity, and the harmony, of the carefully to watch over and protect people. It should be the senator's her from being prostituted for base indefatigable object, to preserve legis- and venal purposes. lation pure and unsuspected; to hold Such is a summary of the prominent up to disgust and abhorrence any ap- duties, or qualifications, requisite for pearance of party ; (for party is a for- a senator; and to perform which, a midable enemy to legislative wisdom, man must possess great, very great, when we consider that it is frequently ability, indeed.--not ability confined carried to such an alarming height, to one or two subjects, but to general that many never have heard the dis- subjects,-not as viewed in relation to cussion of a question, but who, on the one or two individuals, but as affectdivision, are guided in their votes en-ing the empire at large. For these tirely by the hand of the leader of the reasons, I think that barristers make party to whom they belong,) to exer- the worst senators ; first, because by cise a noble spirit of independence ; habit and by profession, they are too' to investigate coolly and impartially contracted in their views ; and, seevery subject which comes under his condly, they appear to act more from consideration; to give his opinions their own individual interest, than fearlessly and undauntedly, making they do either from regard to their conscience his direction, and the fun-clients or their constituents. I am damental feature of all his labour,- fully persuaded that there are some the benefit, the felicity, the prosperity, lawyers in our legislatorial assembly, of the people, his unceasing and un- who are the profoundest statesmen, divided attention.
among whom we may rank an Erskine, That he may be qualified for this a Plunkett, a Brougham, a Macinarduous task, he should be deeply tosh, and a Peel ; but let us be careread in the history, and government, ful, and not establish a general princiand constitution, of other states. He ple upon a few individual and exclushould be well acquainted with both sive instances like these. Perhaps at domestic and foreign policy; and ac- no period of our history, were there curately informed of the dispositions, more lawyers in the senate house than and tempers, and feelings, of the at the present time ; but notwithstandpowers with whom he has to do. He ing the highly distinguished places should arraign every proceeding which many of them occupy at the bar, they is injurious to the best interests of his sleep, as it were, in the senate, excountry, or even remotely calculated cept when a point of law is the topic to divide the affections of the subjects of discussion, when they awake from from the government, or to raise any their slumbers for a while, and then schism, which may endanger the ge- relapse into lethargy and inactivity neral, tranquillity of the internal state again. The distinguishing characterof the country, knowing that it is an istic which elevates them at the bar, undeniable axiom in all political bis- knows them not in the senatę. Look tory, that the security of a throne, and at Flood, who attained the acme of the safeguard of a constitution, rest perfection at the Irish Bar, but in the upon the solid and durable pillars of senate he degenerated into nothingthe general unanimity and good will ness. He was lost within his own of the people ; which are the bases of capacious mind, and seemed inattenall legislation, founded upon an unbi- tive to all around him. He rose like assed, sound, and reflecting judgment a rock, and fell like a stone. No. 41.- VOL. IV.