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becoming so specially tolerant, that no written, which makes his books so novel or poem seems likely to attract wholesome to the student of his fellowthe enlightened public just now, unless men ; especially wholesome, I should it dabbles with some dirt about the think, to ministers of religion. That, seventh commandment. Whenever Mr. as the wise Yankee said, “It takes all Helps touches—and he often touches - sorts to make a world;" that it is not
the relations between men and so easy as we think to know our friends women, and on love, and the office of from our foes, the children of light from love in forming the human character, those of darkness ; that the final dishe does so with a purity and with a tinction into "righteous" and "wicked" chivalry which is becoming, alas ! more requires an analysis infinitely deeper than and more rare. In one of his latest books, any we can exercise, and must be decided for instance, “ Casimir Maremma," there hereafter by One before whom our wisis a love scene which, at least to the mind dom is but blindness, our justice but of an elderly man, notblasé with sensation passion; that in a word, “Judge not, novels, rises to high pathos. And yet and ye shall not be judged,” is a comthe effect is not produced by any violence mand which is founded on actual facts, of language or of incident, but by quiet and had therefore better be obeyed : all and subtle analysis of small gestures, this we ministers of religion are but too small circumstances, and emotions which apt to ignore, and need to be reminded show little, if at all, upon the surface. of it now and then, by lay-sermons from
This analytic faculty of Mr. Helps's those who have not forgotten—as we is very powerful. It has been sharpened, sometimes forget—that we too are men. doubtless, by long converse with many And it seems to me, that a young men and many matters; but it must clergyman, wishing to know how to deal have been strong from youth ; strong with his fellow-creatures, and not havenough to have been dangerous to any ing made up his mind, before all excharacter which could not keep it in perience, to stretch them all alike upon order by a still stronger moral sense. some Procrustean bed of discipline We have had immoral analysis of cha (Church or other), would do well to racter enough, going about tho world of peruse and ponder, with something of late, to be admired as all tours de force are humility and self-distrust, a good deal admired. There have been, and are still, which Mr. Helps has written. Let him analysts who, in the cause of art, as they read, for instance, the first half of fancy, pick human nature to pieces Essays written in the Intervals of merely to show how crimes can be com Business," and if he does not at first apmitted. There have been analysts who, preciate the wisdom and worth of much in the cause of religion, as they fancied, therein, let him set down his disappointpicked human nature to pieces, to show ment, not to any dulness of the author's, how damnable it is. There have been but to his own ignorance of the world those again, who in the cause of science, and of mankind : that is, of the very as they fancied, picked it to pieces to subject matter which he has vowed to show how animal it is. Mr. Helps analyses work on, and to improve. it to show how tolerable, even loveable, I would ask him, for instance, to it is after all, and how much more toler consider such a passage as this :—“We able and loveable it might become by are all disposed to dislike, in a manner the exercise of a little common sense disproportionate to their demerits, and charity. Let us say rather of that those who offend us by pretensions common sense which is charity, or at of any kind. We are apt to fancy least is impossible without it; which that they despise us; whereas, all the comprehends, because it loves; or if it while, perhaps, they are only courting cannot altogether love, can at least pity our admiration. There are people who or deplore.
wear the worst part of their characters It is this vein of wise charity, running outwards; they offend our vanity; they through all which Mr. Helps has ever rouse our fears; and under these in
fluences we omit to consider how often thought for others. It corrects harsha scornful man is tender-hearted, and ness of judgment and cruelty of all an assuming man, one who longs to be kinds. I cannot imagine a cruel man popular and to please.”
imaginative; and I suspect that there I would ask the young man, too, to is a certain stupidity closely connected read much of“ Friends in Council,” not with all prolonged severity of word, or merely the essays, but the conversations thought, or action.” also. For in them, too, he will chance No doubt: but what if it be said in on many a wise apophthegm which will defence of the stupid and cruel, that stand him in good stead in his daily imagination is a natural gift ; and that work. Especially would I ask him to they therefore are not to be blamed for read that chapter on “ Pleasantness ;" the want of it? That, again, it would and if he be inclined to think it merely doubtless be very desirable that every a collection of maxims, acute enough, public functionary, lay or clerical, should but having no bearing on Theology or possess a fair share of imagination ; on higher Ethics, let him correct his enough at least to put himself in the opinion by studying the following pas- place of some suitor, whose fate he seals sage concerning a certain class of dis with “
a clerk's cold spurt of the pen :' agreeable people :
but that imagination is a quality too “After much meditation on them, I undefinable and transcendental to be have come to the conclusion that they discovered—at least the amount of it are, in general, self-absorbed people. —by any examination, competitive or Now to be self-absorbed is a very dif other ? ferent thing from being selfish, or of a The answer is, I think, to be found hard nature. Such persons, therefore, in Mr. Helps's own example. The may be very kind, may even be very imagination, like other faculties, grows sensitive; but the habit of looking at by food ; and its food cannot be too everything from their own point of varied, in order that it may assimilate view, of never travelling out of them to itself the greatest number of diverse selves, prevails even in their kindest elements. Whatever natural faculty and most sympathetic moments; and of imagination Mr. Helps may have so they say and do the most unfeeling had, it has evidently been developed, things without any ill intention whatso strengthened, and widened, by most ever. They are much to be pitied as various reading, various experience of well as blamed ; and the end is, that men and things. The number and the they seldom adopt ways of pleasantness, variety of facts, objective and subjective, until they are beaten into them by a touched in his volumes is quite enormous. long course of varied misfortune, which His mind has plainly been accustomed enables them to look at another's grief to place itself in every possible attiand errors from his own point of view, tude, in order to catch every possible ray because it has become their own.”
of light. The result is, that whenever Full of sound doctrine are those words; he looks at a thing, though he may not but, like much of Mr. Helps's good ad always—who can, in such a mysterious vice on this and on other subjects, not world !-- see into the heart of it, he at likely to be learned by those who need least sees it all round. He has acquired it most, till they have been taught them a sense of proportion ; of the relative size by sad experience.
and shape of things, which is the very And for this reason : that too many foundation of all just and wise practical of us lack imagination, and have, I sup- thought about them. pose, lacked it in all ages. Mr. Helps And this is what young men, setting puts sound words into Midhurst's mouth out as thinkers, or as teachers, are upon this very matter, in the conversa naturally apt to lack. They are inclined tion which follows the essay.
to be bigots or fanatics, not from conceit ables, according to him, a man
or stupidity, but simply from ignorance. occasions to see what is to be said and Their field of vision is too narrow; and
a single object in it is often sufficient to more young men taking orders without intercept the whole light of heaven, and having had a sound classical education, so become an eidôlon—something wor and more and more young men so overshipped instead of truth, and too often worked by parish duty, as to have really at the expense of human charity. In no time left for study. Under the prethe young layman there is no cure, it is sent mania for over-working everybody, said, for such a state of mind, like the such Churchmen as the seventeenth House of Commons; and in default of and eighteenth centuries saw-literary, that, good company, in the true sense of philosophic, scientific, generally human the word. Mr. Helps makes no secret, and humane—are becoming more and throughout his pages, of what he owes more impossible; while a priesthood such to the society of men of very varied as may be seen in more than one country opinions and temperaments, as able as, of Europe, composed of mere profesor abler than himself. But all have not sionals, busy, ambitious, illiterate, is his opportunities; and least of all, per- becoming more and more possible. haps, we of the clerical profession, who One remedy, at least, is this, that need them most, not only bocause we more varied culture should be insisted have to influence human hearts and on, by those who have the power to heads of every possible temper, and in insist; that if not a sound knowledge of every possible state, but because the very the best classic literature, at least a sound sacredness of our duties, and our con knowledge of the best English, should viction of the truth of our own teaching, be demanded of young clergymen. Let tempt us-paradoxical, as it may seem such a one have—say only his Shaketowards a self-confident, blind, and harsh speare—at his fingers' ends, and he will routine. What is the young clergyman's find his visits in the parish, and his cure? How shall he keep his imagina sermon in the pulpit also, all the more tive sympathy strong and open ?
full of that “ Pleasantness," which is, Certainly, by much varied reading. to tell the truth, nothing less than The study of the Greek and Latin Divine “Charity." classics has helped, I believe, much in making the clergy of the Church of Such are a few of the thoughts which England what they are—the most liberal suggested themselves to me while readminded priesthood which the world has ing Mr. Helps's later books, and reyet seen. The want of it has certainly reading, with an increasing sense of helped to narrow the minds of Non their value-several of his earlier ones. conformists. A boy cannot be brought If those thoughts have turned especially up to read of, and to love, old Greeks towards the gentlemen of my own cloth, and Romans, without a vague, but deep and their needs, it has been because I feeling, that they, too, were men of like found Mr. Helps's Essays eminently full passions, and it may be sometimes of of that “sweetness and light,” which like virtues, with himself; and he who Mr. Matthew Arnold tells is so necessary has learnt how to think and how to for us all. Most necessary are they cerknow, from Aristotle and Plato, will tainly, for us clergymen; and yet they have a far juster view of the yastness are the very qualities which we are most and importance of the whole human likely to lose, not only froin the hurry race and its strivings after truth, than he and worry of labour, but from the very who has learnt his one little lesson about importance of the questions on which we man and the universe from the works of have to make up our minds, and the one or two Divines of his own peculiar hugeness of the evils with which we school. He will be all the more inclined have to fight. And thankful we should to be just to the Mussulman, the Hindoo, be to one who, amid toil no less conthe Buddhist, from having learnt to be tinuous and distracting than that of any just to those who worshipped round the active clergyman, has not only preserved Capitol or the Acropolis.
sweetness and light himself, but has therefore, with much regret, more and taught the value of them to others.
THE LEGAL PROFESSION IN AMERICA.
BY JAMES BRYCE.
AMONG English institutions there is per that it held at home, not so much owing haps none more curiously and dis to
purpose on the part of tinctively English than our bar, with its those who led and ruled the new comstrong political traditions, its aristocratic munities (for the Puritan settlers at least sympathies, its intense corporate spirit, held lawyers in slight esteem), as because its singular relation (half of dependence, the conditions of a progressive society half of patronage) to the solicitors, its required its existence. That disposition friendly control over its official superiors, to simplify and popularize law, to make the judges. Any serious changes in it less of a mystery and bring it more the organization of such a body are sure within the reach of an average citizen, to be symptomatic of changes in English which is strong in modern Europe, is society and politics at large, and must of course nowhere so strong as in have an influence far beyond the limits the colonies, and naturally tended in of the profession. Such changes have America to lessen the individuality of of late years begun to be earnestly dis the legal profession and do away with cussed, and in the prospect of their the antiquated rules which had governed attracting much attention during the it at home. On the other hand, the next few years, it becomes a matter of increasing complexity of relations in more than merely speculative interest to modern society, the development of determine how far the arrangements of so many distinct arts and departments our bar are natural, how far artificial; or of applied science, brings into an in other words, to ascertain what form always clearer light the importance of the legal profession would tend to assume a division of labour, and, by attaching if it were left entirely to itself, and greater value to special knowledge and governed by the ordinary laws of de- skill, necessarily limits and specializes mand and supply. Suppose a country the activity of every profession. In where this has happened, where the spite, therefore, of the democratic profession, originally organized upon the aversion to class organizations, the English model, has been freed from lawyers in America soon acquired prothose restrictions which ancient custom fessional habits and an esprit de corps imposes on it here,—what new aspects similar to that of their brethren in or features will it develop ? Will the England; and some forty years ago removal of these restrictions enable it they enjoyed a power and social considebetter to meet the needs of an expanding ration relatively greater than the bar has civilization ? And will this gain, if at ever held on this side the Atlantic. To tained, be counterbalanced by its expo explain fully how they gained this sure to new dangers and temptations ? place, and how they have now to some Such a country we find beyond the extent lost it, would involve a discussion Atlantic: a country whose conditions, on American politics generally. I shall however different in points of detail not therefore attempt to do more than from those of England, are sufficiently describe some of those aspects of the similar to make its experience full of United States bar which are likely to instruction for us.
be interesting to an English lawyer, When England sent out her colonies, indicating the points in which their the bar, like most of our other institu arrangements differ from ours, and tions, reappeared upon the new soil, endeavouring to determine what light and soon gained a position similar to their experience throws on those weighty
questions regarding the organization of to explain, the custom of forming legal the profession which are beginning to partnerships is one which prevails much be debated among us.
more extensively in some parts of the In the United States, as in most Union than in others. In Boston and parts of Europe and most of our New York, for instance, it is common; colonies, there is no distinction be in the towns of Connecticut and in tween barristers and attorneys. Every Philadelphia one is told that it is lawyer, or “ counsel,” which is the rather the exception. Even apart term whereby they prefer to be known, from the arrangement which distributes is permitted to take every kind of busi the various kinds of business among ness: he may argue a cause in the the members of a firm, there is a Supreme Federal Court at Washington, certain tendency for work of a different or write six-and-eightpenny letters from character to fall into the hands of a shopkeeper to an obstinate debtor.
different men. A beginner is of course He may himself conduct all the pro glad enough to be employed in any way, ceedings in a cause, confer with the and takes willingly the smaller jobs; he client, issue the writ, draw the declara will conduct a defence in a police-court, tion, get together the evidence, prepare or manage the recovery of a tradesman's the brief, and manage the trial when petty debt. I remember having been it comes on in court. Needless to add told by a very eminent counsel that that he is employed by and deals with, when an old apple-woman applied to not another professional man
his son to have her market-licence barristers do, but with the client him enewed, which for some reason had self, who seeks him out and makes his been withdrawn, he had insisted on bargain directly with him, just as we the young man's taking up the case. in England call in a physician or make As he rises, it becomes easier for him our bargain with an architect. In spite, to select his business, and when he has however, of this union of all a lawyer's attained real eminence he
confine functions in the same person, considera himself entirely to the higher walks, tions of practical convenience have in arguing cases and giving opinions, but many places established a division of leaving all the preparatory work and labour similar to what exists here. all the communications with the client Partnerships are formed in which one to be done by the juniors who are remember undertakes the court work and tained along with him. He is, in fact, the duties of the advocate, while another with one important difference, to which or others transact the rest of the business, I shall recur presently, very much in see the clients, conduct correspondence, the position of an English Queen's hunt up evidence, prepare witnesses for Counsel, and his services are sought, examination, and manage the thousand not only by the client, but by another little things for which a man goes to counsel, or firm of counsel, who have his attorney. The merits of the plan an important suit in hand, to which are obvious. It saves the senior mem they feel themselves unequal. He may, ber from drudgery, and from being dis- however, be, and often is, retained ditracted by petty details; it introduces rectly by the client; and in that case the juniors to business, and enables he is allowed to retain a junior to aid them to profit by the experience and him, or to desire the client to do so, knowledge of the mature practitioner; naming the man he wishes for, a thing it secures to the client the benefit of a which the etiquette of the English bar closer attention to details than a leading forbids. In every great city there are counsel could be expected to give, while several practitioners of this kind, men yet the whole of his suit is managed in who undertake only the weightiest the same office, and the responsibility business at the largest fees; and even is not divided, as in England, between in the minor towns court practice is two independent personages. Neverthe in the hands of a comparatively small less, owing to causes which it is not easy knot of people. In one New England