be necessary for their fishing excursion | lightful theme; though I cannot enthe day following. "The natives have a notion, that if any of them whistle while they remain under the rock where they have retired to sleep, the rock will fall upon them; this they say was the case with a number of natives at a certain place, one of whom, contrary to custom, whistling, the rock fell and crushed them all to death. "The natives of New South Wales are capable of forming friendship, and of feeling sorrow. It is true, their grief does not continue long; at the funeral of a child, the father will weep much, and appear to be much affected with deep sorrow of heart, but as soon as he has retired from the grave, all symptoms of grief are fled away, and he resumes his former appearance. tirely pass over this idea, without attempting, at least, to throw in my mite on its importance. The advantages found in history seem to be of three kinds; as it amuses the fancy, as it improves the understanding, and as it strengthens virtue. "The writers of history as well as the readers," observes an author somewhere," are sufficiently interested in the characters and events, to have a lively sentiment of blame or praise, and at the same time have no particular interest or concern, to pervert their judgment.” But these advantages are strengthened, whenever we find that "the relation of historical facts" is not "involved in mystery and doubt;" and as T. W- -m acknowledges that "the present subject presents no such obstacles to impede our progress from a strict accordance of testimony, at once reasonable and satisfactory," we are fortunately placed on the same footing in the discussion of this interesting question. "There is no doubt that this race may, with kindness and humanity, becoming to a conclusion, founded upon made a useful people; they have the talent of imitation. Several have already been very serviceable to the settlers, in acting as stock-keepers and rowers. In these departments they have been equal, if not superior, to many Europeans. The natives never think of providing for to-morrow; all the food they procure at one time they eat before they remove from the place; after they have eaten their fill, they lay themselves down upon the grass and sleep, and in this situation they remain until hunger urges them to activity." Perhaps, Sir, in the discharge of our respective duties towards our children, there cannot be a more critical juncture, than in the exercise of parental authority, in similar cases to that of Junius Brutus with his two sons. But when to his parental, he has to unite his public duties, we cannot conceive a subject more afflicting, and yet interesting. It is a subAmong these ignorant barbarians,ject which requires the fullest and a mission, by Mr. Walker, has lately been opened, under the most encouraging auspices, from those whose patronage can at once sanction and promote the arduous undertaking. This mission is much approved by the colonists, who have promised to render it their support. But times and seasons are in the hand of Omnipotence, and to him alone the friends of missions must look for success. Reply to a Letter on the Conduct of MR. EDITOR. SIR,- After the brief but striking view in which the value of history is placed by your correspondent T. Wm, previous to his remarks on the conduct of Junius Brutus, I feel it unnecessary to enlarge much on this de most impartial knowledge of the events, rightly to determine the doubtful question. A correct knowledge is indispensably necessary to a correct conclusion. If, Sir, your correspondent had made the present a general, and not a particular question, I should feel no hesitation in coinciding with the sentiments expressed by T. W——m. For it must readily be confessed, that we are all called to "administer" equal and indiscriminate justice to all parties, regardless of "private worth, domestic affection, or kindred alliances." However, there are instances which justly call for a relaxation of these strict and salutary enactments of the law, and at the same time not yield the general principle. If, then, there is one case which claims this relaxation of the full penalty more than another, the affair of Brutus must be acknowledged to be the most pressing, | these bold assertions. I ask for his -alike commanding our sympathy and our pity. I affirm that it is necessary to ascertain the origin of Brutus's Consular authority. And here I deny the position of T. W―m, "that the projects of Brutus were founded upon the most undoubted equity." The fact is, that Junius obtained his authority by intrigue and violence; that he appealed to the vindictive feelings of the populace, and not to the dispassionate judgment of the nation. Having arisen from his seclusion by party commotion, it is admitted by T. W -m, "Brutus availed himself of this favourable opportunity," (the crime committed by Sextus Tarquinius,) "by obtaining a decree of the Senate, that Tarquin and his family should be for ever banished from Rome; and that it should be capital for any to plead for their return." On this enactment T. W- ―m builds his argument. But this law was evidently the fruit of faction and commotion; and ought no more to be abode by as a national and just law, than the very many violent decrees which were issued during the French Revolution, under the immediate direction of a Robespierre, &c. &c. or the daring effusions of a bold usurper. proof. I would appeal to his own authorities, and ask, Is it in Deoringsus? Is it in Livy? In Cicero? In Plutarch?-I have yet to learn that Brutus was less a tyrant, and more attached to the love of liberty, than the Tarquin family. What greater liberty did the people of Rome enjoy under the Consulship of Brutus, than under the monarchy of the Tarquins? These are questions which require distinct and decisive answers. The I think, Sir, it will not be denied, that wherever difficulties occur in the administration of public justice, it is ever wise to lean to the side of mercy. But stern unshaken justice is alone to be found in the execution of Titus and Tiberius.* No "justice, tempered with mercy," appears here. strict letter of an unjust and party law must be enforced. The accused "were arraigned in the Forum before the Senators." "The judges who were present felt all the pangs of nature, Collatinus wept, and Valerius would not express his sentiments. Brutus alone seemed to have lost all the softness of humanity; and with a stern countenance, and a tone of voice that marked his gloomy resolution, demanded of his sons, if they 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 "Brutus and Collatinus." A proof, if one were needed, that Brutus got into public authority by faction and the feelings of the populace; for if Brutus obtained it by "genuine patriotism" that was 66 never equalled," what action for the good of his country did Collatinus perform, that he also should be united with Brutus in the Consular dignity? Let T. Wm fairly meet and answer this ques tion. "Your's is the part that remains." *I have here assumed the assertion of Langhorne, as regards the name of the second son of Brutus, in order to distinguish him clearly from Valerius (afterwards mentioned,) a kinsman of the father of Lucretia, the wife of Collatinus. light of divine revelation, that we are therein taught a contrary doctrine. Let us call to mind a noble example; let the contrast be made ;-and let a blush possess the cheeks of that man who would decide in favour of Brutus. found productive of some beneficial effects. That each of the three branches of it demands a very considerable degree of ability, no one will attempt to dispute; the only point to ascertain, is, which requires the greatest? I shall, therefore, in this discussion, endea vour to state some of the most prominent talents required for each profession; that we may be enabled to form some conception regarding their separate merits. Reversing the order, then, in which the question stands, and entering first upon the consideration of the BAR, I shall confine myself closely to the point at issue, and not embrace the When Absalom conspired against David his father, we read only of the tenderest sympathy in the parent for his traitorous son. When the time of battle draws nigh, David gives a positive charge to his army concerning Absalom, in expressions highly descriptive of his concern for the safety of his disobedient son. "Deal gently, for my sake, with the young man, even with Absalom." (2 Sam. xviii. 5.) And who can paint in more glow-whole profession of the law, including ing colours, the heartfelt sorrow of the parent, when he hears of the untimely death of an ungrateful son, than is recorded of David by the sacred writer: "And the king was much moved, and went up to the chamber over the gate, and wept: and as he went, thus he said, O my son Absalom, my son, my son Absalom! would God I had died for thee, O Absalom, my son, my son!" (2 Sam. xviii. 33.) The above striking contrast needs no comment of mine, to point out the superiority of the better feelings and judgment of David, to those of Brutus. I will close this letter, by hoping, that we may all adopt and exemplify, in our practice, the filial affection of a David, towards our children; and pity the harsh and unchristian feelings of those, who suppose, that "all the tender emotions of parental love must cease to vibrate, when a child shoots the arrow of malignity at the heartstrings of his father." Your's, respectfully, John-street, March 7, 1822. Where is the greatest Ability requiredin the Pulpit?-the Senate?-or at the Bar? An eminent writer of the present day observes, that all knowledge springs from comparison. Without assenting to the full extent of this position, I admit that there is much truth in the remark; and have only to hope that the present question, (which is strictly a question of comparison) will be chamber lawyers, attorneys, magistrates, judges, &c. &c.; the subject referring simply, distinctly, and explicitly, to barristers who plead in our different Courts of Judicature. I know it is supposed, that the barrister has to wade through the voluminous pile of Statutes of British Jurisprudence, with a most extraordinary degree of diligence and attention-to ponder over the gloomy pages of black letter-and to put himself in possession of the decisions of all cases of any importance. I am far from being willing to underrate the abilities necessary for the bar; but I think it will be found that this is more imaginary than real. My impression is, that they fix upon their minds those parts of the law of the land which are most frequently called into use; and when a difficult or abstruse case is put into their hands, it is then that they turn over the pages of black letter for information-it is then that they search for precedents and decisions; and all this is accomplished with considerably less labour than is generally imagined. They have not to penetrate through the almost unintelligible type of Statute after Statute, in search of what they need; but they come to it at once by merely consulting the index -an index which is mostly so elaborate in its nature, as to serve all the purposes of a well-digested, and wellregulated, concordance. When we consider this amazing facility, and the constant practice of hearing both ancient and modern law brought before the court, and the numberless variety of precedents and decisions quoted from the best authorities, I think it must be obvious that the great depth of reading, and the wondrous, and even almost miraculous, strength of memory, supposed, are but speculative notions, and have no foundation in reality. It may appear at first thought, that the barrister must have an intimate acquaintance with every subject he is employed to advocate-that he must be conversant with the complicated intricacies of commercial transactions —with agricultural interests-with ecclesiastical polity—with hereditary title and property-with libellous actions with criminal offences-in short, with every subject which is connected with the domestic and national property of the country: but this again is as deceptive as it is erroneous. They go no further than the briefs they hold in their hands allow them; for here are recorded all the prominent facts which it is necessary they should be in possession of. I grant that they have a superficial knowledge of every thing; but seldom a profound acquaintance with any thing. It may be said, that he is constantly opposed by an adversary, that he is stopped at every march; and that he necessarily requires an acuteness of intellect, and a ready promptitude. This I admit. Here is an ability required, most unquestionably, of a superior order. Promptitude is one of the most essential qualifications of a barrister; and without it, he is nothing; but an active practice will necessarily produce that ability. He must be almost an idiot, if he is not prompt enough to reply to his opponent, when it must be acknowledged that the nature of his profession affords him so many abundant opportunities. The bar is bounded by legal technicalities, and if the barrister possesses this attainment, it is far more useful than an acquaintance with general subjects; because, as has been before observed, the briefs give him full information of every case put into his hands, however diversified their objects. From these considerations, it will appear, that the ability requisite for the bar, is but very limited indeed, in comparison with the other two branches of the question. To shew still more clearly that the bar does not demand such great extension of ability, I need only refer to many recent | instances, where individuals have pleaded their own cause with more ability, and greater success, than barristers are able or accustomed to do. The barristers opposed to them have invariably sunk into comparative insignificance; they, “whose only power is law," have outshone them, merely in the knowledge of legal technicalities, of dexterous and ingenious evasion of facts; and fortunately for their profession, law was always written in that vague and undefined manner, as to admit of various interpretations; and though it has all the deceptive appearance of plainness and intelligibility, it possesses all the reality of mystery and ambiguity. I am aware that it is a very common act for gentlemen belonging to the profession of the bar, when they find they have a case which they cannot possibly defend by reason or by facts, to have recourse to punning and to irony, on purpose to obtain a verdict for their client. I am aware that in cases of seduction particularly, many look forward to a favourable decision by appealing to the passions, instead of the judgment, of the jury; but this is an ability, I contend, not requisite for the bar; it is the prostitution or misapplication of it altogether. He should strive to obtain that verdict which is the result of evidence, reason, and reflection, and not endeavour to lead the judgment astray by alluring the fancy, and charming the passions of the jury, to the total subversion of every principle of equity, which it is the imperative duty of the jury to uphold, to maintain, and to administer. When the passions are operated upon, so as to have an ascendency over the judgment, and influence their deliberations, the result seldom or ever bears the scrutinizing eye of conscientious satisfaction in subsequent retrospection. If we look to the SENATE, it will be found that qualifications of a higher order are necessary; though I do not mean to infer that all, or even a majority of our legislators, possess those requisites which I propose to point out; knowing that wealth and interest too generally supersede mental eligibility. In the senate house, the field for the manifestation of greater ability opens and expands. Here are questions propounded for discussion, of the most difficult solution. The senator must look prospectively and retrospectively; for the whole happiness and prosperity of an empire depend upon the talent and judgment of the senate. The whole of the internal government of a country, as existing by itself, and as affecting other nations, should be deeply considered. Every link of the mighty chain must be well examined, so that not one shall be broken which may at all unhinge or disturb the comfort, the interests, the tranquillity, and the harmony, of the people. It should be the senator's indefatigable object, to preserve legislation pure and unsuspected; to hold up to disgust and abhorrence any appearance of party; (for party is a formidable enemy to legislative wisdom, when we consider that it is frequently carried to such an alarming height, that many never have heard the discussion of a question, but who, on the division, are guided in their votes entirely by the hand of the leader of the party to whom they belong,) to exercise a noble spirit of independence; to investigate coolly and impartially every subject which comes under his consideration; to give his opinions fearlessly and undauntedly, making conscience his direction, and the fundamental feature of all his labour, the benefit, the felicity, the prosperity, of the people, his unceasing and undivided attention. That he may be qualified for this arduous task, he should be deeply read in the history, and government, and constitution, of other states. He should be well acquainted with both domestic and foreign policy; and accurately informed of the dispositions, and tempers, and feelings, of the powers with whom he has to do. He should arraign every proceeding which is injurious to the best interests of his country, or even remotely calculated to divide the affections of the subjects from the government, or to raise any schism, which may endanger the general tranquillity of the internal state of the country, knowing that it is an undeniable axiom in all political history, that the security of a throne, and the safeguard of a constitution, rest upon the solid and durable pillars of the general unanimity and good will of the people; which are the bases of all legislation, founded upon an unbiassed, sound, and reflecting judgment. | No. 41-VOL. IV. He should be at all times ready to wage war in behalf of the rights and liberties of his country; and as anxious at all times to avoid invading the rights and liberties of others. He should not rest satisfied in framing laws, but should see that they are most scrupulously administered;that the indigent have a fair proportion in the balance with the opulent, and mighty, and renowned; for justice knows of no distinction, and it is the indispensable duty of a senator, carefully to watch over and protect her from being prostituted for base and venal purposes. Such is a summary of the prominent duties, or qualifications, requisite for a senator; and to perform which, a man must possess great, very great, ability, indeed, not ability confined to one or two subjects, but to general subjects,-not as viewed in relation to one or two individuals, but as affecting the empire at large. For these reasons, I think that barristers make the worst senators ; first, because by habit and by profession, they are too contracted in their views; and, secondly, they appear to act more from their own individual interest, than they do either from regard to their clients or their constituents. I am fully persuaded that there are some lawyers in our legislatorial assembly, who are the profoundest statesmen, among whom we may rank an Erskine, a Plunkett, a Brougham, a Macintosh, and a Peel; but let us be careful, and not establish a general principle upon a few individual and exclusive instances like these. Perhaps at no period of our history, were there more lawyers in the senate house than at the present time; but notwithstanding the highly distinguished places many of them occupy at the bar, they sleep, as it were, in the senate, except when a point of law is the topic of discussion, when they awake from their slumbers for a while, and then relapse into lethargy and inactivity again. The distinguishing characteristic which elevates them at the bar, knows them not in the senate. Look at Flood, who attained the acme of perfection at the Irish Bar, but in the senate he degenerated into nothingness. He was lost within his own capacious mind, and seemed inattentive to all around him. He rose like a rock, and fell like a stone. 2 K |
