JB/041/419/001

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1824 Feb. 8
Constitutional Code.Ch. Professional Lawyers
§. Why never Judges

1.
Question 1. Why exclude
Law assistants from being
Judges?

2.
Answer. Reasons.
1. His interest is incurably
opposite to the several
ends of justice.
By injustice opposite
to the direct end of justice,
he serves himself
while and by serving
clients in the wrong –
at the expence of the
adversary – by do. opposite
to the collateral
ends, he serves himself
at the expence of
the adverse party and
his client, whether
in the wrong or in
the right.

3.
2. So, as Judge. But
in him the propensity
has effectual checks:
not so in the Law Assistant.

4.
3. In the Judge, to the
exercise of partiality
opposite to the ends
of justice, disrepute
attaches not in the
Law Assistant.

5.
4. In the Judge, under
the eye of the Public
Opinion Tribunal,
scarcely can partiality
have place without
being manifest to authorities
by any one of
which he is removable,
not in the Law Assistant.
With his client, secret is his intercourse.

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6.
5. Only from aversion
on the part of clients
could the sinister propensity
receive effectual
check. But by the sinister
propensity, no such
aversion can be producible.
To an insincere
client, – to him who, being
in the wrong, knows
himself to be so, it is a
recommendation.
So even to one who
thinks himself in the
right: for if the Assistants
zeal will suffice for
engaging him to serve
a client by wrong and
dangerous means, much
more by right & safe ones:
and few clients, who,
seeing themselves in the
right and in danger of
losing the suit by an
adversary's unfair means,
would not, to save themselves,
be content to see
sinister ones employed.

7.
6. Proposed here for Judges
are a class, whose
interests are made uniformly
conducive to the
above several ends of
justice.
Such being to be had,
absurd it would be to
take any whose interests
have been in continual
opposition to these same
ends: trained in the two
schools of injustice, the
Attorney's Office, and the
Advocate's Chamber.

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8.
7. Vain the fear, lest
by incapacity of being
Judge, competent men
shd. be deterred from
being Professional
Law Assistants. Adequate
remuneration
can not be wanting:
to a Judge, certain but
limited: to a Professional
Assistant, uncertain
but unlimited:
extendible to several
times that of a Judge.
Each would choose
the pursuit best adapted
to his circumstances
and taste: power
and honor wd. recommend
judicial money,
with influence in
substantial shapes,
the profession of Law
Assistant, with prospect
of being Pursuer
General or Defender
General, if eventually
more agreeable: their
money limited, but
honor added.

Identifier: | JB/041/419/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-02-08	Marginal Summary Numbering	1-8
Box	041	Main Headings	Constitutional Code
Folio number	419	Info in main headings field	Constitutional Code
Image	001	Titles	Professional / Why not Judges?
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	E1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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