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1824. April 17 Aug. 1
Constitutional Code. Ch. XXI Law Practitioners
§.
History đ§
Insincerity too is a vice by a and that an universal
and inevitable one by the necessary and continual practice
of which the profession stands distinguished from all others.
If from mendacity in so far as contradistinguished from insincerity it
be possible in some degree to purify it, from insincerity it
is not possible. If Supposing it for argument sake possible to
prevent a hireling lawyer Law Practitioner from embracing giving his support in the first instance
a cause the injustice of which was is manifest to him, to prevent his him from
continuing to give his support to it after its injustice has
been made known to him is not can scarcely be regarded possible: for by acceptance
given to the employment he has engaged himself to give to
the last such support as can be given: and can be
to if, in this or that case by the view of the atrocity of the
client's conduct he was inclined to the withdraw his support
that support which he had engaged to give, the fear of
the reproach of treachery would suffice to stop him to arrest his shape.
Insincerity then is of the essence of that support which
the professional lawyer professes to give, to give to all those, the
vilest and most atrocious not excepted, who will
pay for it the price he sets upon it: a consequence being insincere
not by accident but by necessity and even by profession,
he is thereby rendered essentially and in the highest
degree unapt for every employment in a general habit of which sincerity
is at once not only desirable and practicable: of all unagreeable
ones therefore for that of a Judge.
True it is that during so long the existence reign of that organized chaos manufactured
by hireling lawyer raised placed to the situation of Judges
under the name of common Law, the necessity of demand for a species sort of
appropriate intellectual aptitude in has rendered it matter of necessity
to confine the admission to entrance into the situation of Judge to those in
whose instance the maximum of relative inaptitude occupying the place
of appropriate moral aptitude: in whose breasts the hatred and contempt occupies
the place of the love of justice. But no sooner does order take place
of the chaos, the work of the legislator of the perpetually continually manufactured
and as continually disavowed work of the Judge Judges then a necessity
thus the spectacle of which is so afflictive galling to every enlightened lover of mankind
is at an end: and a hireling lawyer is seen
to be the last man who
ought ever to be placed in
the situation of Judge.
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