dulging in such scruples as are unnecessary, he must fully satisfy all those which integrity and prudence may suggest; but, when he has once undertaken the cause of a client, it is his duty never to forget, that in undertaking it, he makes it his own, and that it is entitled to the same attention and earnest interest, which he gives to his own business. This feeling imparts a glow and a fervor to every look, gesture, and action; and these, of themselves, do much to advance every cause in which they are enlisted. Men are satisfied and gratified, when they find their business thus warmly undertaken. When they perceive, that every thing, which they themselves can think of, is said and done for them, they are led insensibly into the belief, that their advocate perceives and is affected by the justice of their cause.

Every client is entitled to expect, that he who undertakes his business will bring such a disposition to his aid; without which, indeed, he cannot well acquit himself of the full measure of his duty. It incites a feeling of sincerity towards the interest of the client, which will not permit any indifference or neglect in his concerns. It will not attempt to avail itself of the excuse that the business was of little importance; that is ever of importance upon which the interest and peace of a man depend. Besides, who is to be the judge of the importance of any business? Men are seldom inclined to enter, as litigants, into a court of justice, who do not conceive themselves to have been seriously injured; and, when once they have thus determined, and the advocate has accepted their cause from their hands, he pledges himself, in every sense of the term, to act for them as they themselves would act. He, therefore, who undertakes a cause which he is not resolved to support to the a thing inconsistent with his duty. quence of the advocate is animated every sentiment of justice and every faculty of the attention are called forth. In the energy that is thus produced, there is a most wonderful power; it is seen in every department in which it is exercised, from the insignificance of ordinary conversation, up to the most important public discussion. The moment we see a man energetic, we are induced to think that he believes himself in the right, and that he is interested in what he says.

utmost of his power, does When the chastened eloby the fervor of the client,

This frequently has a most happy consequence in forensic proceedings. We shall not often succeed in our attempts to interest others, in that about which we ourselves appear to take but a small concern.*

The duty of giving honest advice, and of taking pains, by sufficient reflection, by reading, and, if difficulties occur, by consulting other professional men, to render that advice sound and correct, attaches to the lawyer as much when the matter in question is of a private nature, as when it is to be brought by him before a court of justice. And the injury arising to those who apply to him, from his want of integrity or of attention, may prove as great in the former case, as in the latter. Moreover, an honest advocate will not prefer a particular way of proceeding, from views of personal emolument, to another more eligible for his client; and, if two ways appear equally conducive to ultimate success, he will pursue that which promises to be the least irritating, dilatory, and expensive, both to his client and to the opposite party.†

The judicial character is naturally the perfection of the character formed under the influence of the study and practice of the law; since those lawyers, who have most distinguished themselves at the bar, are habitually raised to the bench. The severe training of the bar is a necessary preparation for the bench. To the judges, our fortunes, characters, liberties, and lives are, in the last resort, committed; their talents are to illustrate the law, their virtues are to adorn the bench, and their judgments are to establish the rights, and secure the interests, of the citizens. Full and exact knowledge of the law, patient attention during the trial, candor, impartiality, kindness to the bar, deference to the other members of the court and urbanity to all, dignity of deportment, genius which commands respect and learning which justifies confidence; above all, incorruptible integrity, are the main qualifications requisite to the successful administration of justice.‡

* Sir James Mackintosh's Study and Practice of the Law, p. 250. ↑ Gisborne's Inquiry into the Duties of Men, &c., Vol. I. pp. 369, 370. Story's Discourse on the Life, Character, and Services of Chief Justice Marshall, p. 67.

He whose duty it is to administer justice, is bound to add the sanction of a good life; but, besides this, various occasions will occur, which will enable the judge to advance and strengthen the cause of good morals, and of which he ought to avail himself. When a prisoner, for instance, is to be sentenced for a capital crime, an opportunity frequently presents itself, of making a deep and salutary impression on the mind both of the unhappy victim, and of all who are witnesses of his condemnation. A wise and conscientious judge will not neglect so favorable an occasion of inculcating the enormity of vice and its fatal consequences. He will not neglect, too, to direct the attention of his audience to those views of the nature and consequences of transgression which are implied and disclosed in the solemn denunciations of the Gospel. Nor will he manifest indifference to the criminal himself; but, dispensing justice in mercy, he will grant him all the indulgences and alleviations of his situation, which may be consistent with his duty. In cases of acquittal, also, a judicious and pertinent address from the judge to the person acquitted, may sometimes guard him, if innocent, against those indiscretions and connexions, which might ultimately have led him into crimes; if guilty, against subjecting himself, in future, to the risk of the punishment which he has now chanced to escape. *

Moreover, it may be said with great truth, that the courts both in England and in this country, especially the higher courts, have been eminently distinguished for the best qualities that adorn the judicial character. Of the English courts, Chancellor Kent says, "The judicial tribunals have been almost uniformly distinguished for their immaculate purity. Every person, well acquainted with the contents of the English Reports, must have been struck with the unbending integrity and lofty morals, with which the courts were inspired. I do not know," continues he," where we could resort, among all the volumes of human composition, to find more constant, more tranquil, and more sublime manifestations of the intrepidity of conscious rectitude. If we were to go back to the iron times of the Tudors, and follow judicial history down, we should find the

* Gisborne's Inquiry, &c., Vol. I. p. 395–408.

higher courts of civil judicature, generally, and with rare exceptions, presenting the image of the sanctity of a temple, where truth and justice seem to be enthroned, and to be personified in their decrees."* "Perhaps," says a writer, well entitled to be heard on this subject," the perfection of the judicial character consists in the exhibition of pure intellect, divested of human sympathy. And yet, who would choose for his judge such a monster of perfection? He is the truly great lawyer, who understands the law and the reason of it, and has the talent to apply it to all the occasions of the profession, whether at the bar or on the bench. He is the fortunate judge, who can so conduct himself on the seat of justice, and clothe his decisions in such language, that both he who wins and he who loses his cause, can unite in paying a deserved tribute to his wisdom and integrity."

CHAPTER II.

THE MORAL INFLUENCE AND TENDENCY OF THE STUDY AND PRACTICE OF MEDICINE AND SURGERY, WITH THE DUTIES OF A PHYSICIAN TO HIS PATIENTS, TO THE FAMILIES INTO WHICH HE IS ADMITTED, TO OTHER PHYSICIANS, AND TO SOCIETY IN GENERAL,

DR. Benjamin Rush has carefully inquired into the virtues - and failings peculiar to physicians, with a view to an estimate of the moral character of the profession, of which he was one of the most distinguished ornaments, which this or any other country has produced. He has also extensively reviewed the lives of physicians ancient and modern, in order to bring to light

* Commentaries on American Law, Vol. I. p. 463.

The Hon. P. O. Thacher's Address before the Bar of Suffolk, p. 28.It will be perceived, that, in writing this chapter, the author has freely availed himself of the materials contained in "The Study and Practice of the Law," ascribed to the late Sir James Mackintosh. The high moral and professional character and profound acquirements of this celebrated jurist and statesman cannot fail to give a value to this chapter, which could not have been given to it by the author's unassisted labors.

their merits, and to vindicate them from the aspersions and reproach, which have sometimes been cast upon them.

Besides their general usefulness in the way of their profession, he finds many of them to have been shining examples of the domestic virtues, patrons of the arts, sciences, literature, and learned men, the friends of rational freedom, and the promoters of agriculture, commerce, and manufactures. He enumerates among them a great many who were eminently candid, acknowledging their mistakes without disguise; generous, aiding with their wealth every enterprise of good; patriotic, laboring in every way for the good of their country. Generals Warren and Mercer, continues he, were both physicians; they both left a profitable and extensive business, when they led their countrymen into the field, and fell in defence of the liberties of their country. He mentions the modern names of Boerhaave, Sydenham, Stahl, Haller, Hartley, Radcliff, Black, Hunter, Fothergill, not only so, he calls up Hippocrates and Galen to do honor to the profession at this late day.

&c.;

From this inductive review of medical history and biography, he concludes, 1. That the vices (defects) of physicians are fewer in number, and of less magnitude than their virtues. 2. That the profession of medicine favors the practice of all the religious, moral, and social duties. 3. That the aggregate mass of physical misery, that has existed in the world, owes more of its relief to physicians than to any other body of men.

*

Among other defects imputed to physicians, and ascribed to the influence and tendency of the study and practice of medicine and surgery, want of sympathy for distress has been urged as often as any other. Physicians in general, have often been supposed to be almost destitute of feeling, and almost regardless of human suffering. It has, too, been frequently alleged by persons of the most respectable standing in society, and observation and experience have been confidently appealed to, to sustain the allegation, that the manifest effect, as well as tendency, of the study and practice of medicine and surgery is, to harden the temper and feelings, and even "to brutalize the entire character." This may be presumed to be true of some part

* Introductory Lectures, pp. 120-140.