maintain an action upon his contract," because, the consideration of the contract, though in itself good, was, in the case in question, tainted with turpitude, which destroyed the whole merit of it. "Other cases," continues he, "where the means of transgressing a law are furnished, with the knowledge, that they are intended to be used for that purpose, will differ in shade more or less from this strong case; but the body of the color is the same in all. Upon the principles of the common law, the consideration of every valid contract must be meritorious. No man ought to furnish another with the means of transgressing the law, knowing that he intended to make that use of them." Every good man must unite with Mr. Justice Story, in commending "the sound sense, sound morals, and enlarged policy of this doctrine." It is, as he well says, "almost irresistible to the judgment." Again, on another occasion, in the Court of King's Bench, Lord Ellenborough said, "If a person sell goods with a knowledge, and in furtherance of the buyer's intention to convey them upon a smuggling adventure, he is not permitted by the policy of the law to recover such a sale." In this opinion the other members of the court concurred. One of them added, "If a principal sell articles in order to enable the vendee to use them for illegal purposes, he cannot recover the price." The latest English decision has firmly sustained the same doctrine. * (6.) It may be well to illustrate this subject still further, by adverting "to the nature and extent of the relief which will be granted to persons, who are parties to agreements or other transactions against public policy, and, therefore, are to be deemed participes criminis." "The old cases often gave relief both at law and in equity, where, without such relief, the party would derive an advantage from his iniquity." But in the more modern administration of justice, a more severely just, and probably politic and moral rule, has been generally, though not universally, adopted; which is, to leave the parties where it finds them, giving no relief, and no countenance, to claims made under illegal contracts and other illegal transactions. "But, in cases where the agreements or other transactions are repudiated, on account of * Story's "Commentaries on the Conflict of Laws," pp. 209, 210. their being against public policy, the circumstance, that the relief is asked by a party who is particeps criminis, is not in equity material. The reason is, that the public interest requires, that relief should be given; and it is given to the public through the party. And in these cases relief will be granted, not only by setting aside the agreement or other transaction; but in many cases, by ordering a repayment of any money paid under it." The most effectual way of discountenancing and suppressing illegal contracts (the same may be said of promises) and other like transactions is, to leave the parties without remedy against each other, and thus introduce "a preventive check, naturally connected with a want of confidence, and a sole reliance upon personal honor. And so, accordingly, the modern doctrine is established. Relief is not granted, where both parties are truly in pari delicto, (equally guilty,) unless in cases where public policy would thereby be promoted.”* CHAPTER VII. THE DUTY OF MUTUAL ASSISTANCE. CICERO quotes, with much commendation, the sentiment from Plato, that we are not born for ourselves alone, but that our country and our friends may both rightfully claim a share in us, that is, in our affections and our exertions. This sentiment of Plato, by which we are exhorted to look beyond ourselves and the immediate objects of our personal interest, so far as to embrace our friends and our country in the more ample pale of our regard, is expanded and extended in the Christian Scriptures, in a manner entirely unknown to antiquity; ‡ and so as to make it our duty to embrace all mankind, of whatever complexion, name, or condition, in the unlimited sphere of our good-will. “All things whatsoever ye would that men should do to you, do ye even so * Story's Equity Jurisprudence, Vol. I. pp. 295-298. to them; for this is the law and the prophets." * "As we have therefore opportunity, let us do good unto all men, especially unto them who are of the household of faith." Again, "I say unto you, love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you and persecute you; that ye may be the children of your Father which is in heaven; for he maketh his sun to rise on the evil and on the good, and sendeth rain on the just and on the unjust. For if ye love them" (only) "which love you, what reward have ye? Do not even the publicans the same? And if ye salute your brethren only, what do ye more than others? Do not even the publicans so? Be ye therefore perfect" (in your good-will), "even as your Father in heaven is perfect." Moreover, the parable of the good Samaritan teaches us, that we are to make ourselves useful to all men without distinction, as circumstances may require, and occasion may be presented. I propose to review some of the ways by which we may exercise and make manifest this expansive good-will; and, to this end, convenience and clearness will be consulted, by distributing what I have to say into several distinct sections. SECTION I. ASSISTANCE GIVEN IN THE WAY OF ADVICE. Men may render one another much mutual aid by advice, good counsel, encouragement, &c., given in a spirit of sympathy and friendship. We have only to look into the records of biography to be convinced, that much good may be done in this way, to the young, the ignorant, the retiring, and the inexperienced. As ships at sea without a helm are driven in whatever way the winds and currents may chance to waft them, so the course of such persons is generally unsettled, and is often turned in a particular direction by a single observation, let fall by an individual of superior talents, experience, and influence. General remarks of this kind, however, are accustomed to make but a slight impression, * Matt. vii. 12. † Gal. vi. 10. Matt. v. 44 - 48. when unaccompanied by circumstantial details; I presume, therefore, I may be permitted to illustrate this observation, by adverting to a particular instance, as instructive as it is authentic. ence. The renown of the celebrated Roger Sherman, of Connecticut, is known to us all; he was a distinguished statesman, and one of the signers of the Declaration of American IndependHis biographer says of him ;"Mr. Sherman, at the first period of his professional elevation, could not fail to recur with pleasing and grateful emotions to the moment when he, perhaps for the first time, appeared in the presence of a lawyer, for the purpose of procuring his advice. A neighbour or acquaintance, in transacting some affairs relative to the family of a deceased person, required the assistance of legal counsel. As Mr. Sherman, then a young man, was going to the county town, he was commissioned to obtain it from an eminent lawyer. To prevent embarrassment, and secure the accurate representation of the case, he committed it to paper, as well as he could, before he left home. In stating the case, the gentleman with whom he was consulting observed, that Mr. Sherman frequently recurred to a manuscript which he held in his hand. As it was necessary to make an application, by way of petition, to the proper tribunal, he desired the paper to be left in his hands, provided it contained a statement of the case from which the petition might be framed. Mr. Sherman consented with reluctance, telling him, that it was merely a memorandum drawn up for himself, for his own convenience. The lawyer, after reading it, remarked, with an expression of surprise, that, with a few alterations in form, it was equal to any petition which he could have prepared himself, and that no other was requisite. Having then made some inquiries relative to Mr. Sherman's situation and prospects in life, he advised him to devote his attention to the study of the law. But his circumstances and duties did not permit him to follow this counsel; the numerous family, which the recent death of his father had made, in a considerable degree, dependent on him for their support and education, required his constant exertions in other employments. But the intimation which he then received, that his mind was fitted to higher pursuits, and that he probably possessed talents adapted to the trans action of public business, no doubt induced him, at that early period of life, to devote his leisure moments to those studies which led him (from being a shoe-maker) to honor and distinction." ""* A careful examination of biography in general, could not fail to bring to light many similar instances; and how many more must have occurred, which never found their way into the collections of biography. SECTION II. ASSISTANCE GIVEN IN THE WAY OF OUR EMPLOYMENTS AND PROFESSIONS. Men may mutually assist one another by rendering aid in the way of their employments or professions. Especially is this the case with members of the more liberal professions and employments; such as legislators, officers of various grades in the civil, military, and naval service, lawyers, physicians, clergymen, &c. A legislator has it in his power to accomplish salutary reforms by introducing remedies for existing evils and abuses, and to contribute to the welfare of his country by originating and advocating wise and salutary measures. Frequently, too, individuals, and classes of men, have just private interests to be advanced by legislation, and in this way the office of legislator may subserve the claims of private justice. A civil magistrate, (a justice of the peace, for instance,) who unites a requisite share of legal information with industry, firmness, consistency, and perseverance, may be of the greatest service to his entire neighbourhood, by a vigorous, impartial, and at the same time temperate administration of the laws. An upright and active magistrate is no ordinary blessing to the community in which he resides. Such magistrates are for the punishment of evil doers, and for the praise of them that do well."† A lawyer may do great good to his neighbourhood by advising the amicable adjustment of disputes, and lending his aid to this effect; and particularly by discouraging suits between near * Sanderson's Lives of the Signers of the Declaration of Independence, Vol. III. p. 210. † 1 Peter ii. 14. |