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|| under the earth, " are in the best d nature it is found to ada kala

essay is prefixed to the work, from the pen of President | egress upon the glowing vehicle of language. But into Go to the botanist, and can

Wayland, in which justice is done in these respects to that vehicle he placed objects humorous, pathetic, or , bursting of a sed, and is depende

this en inent missionary, and with the estimate given by sublime, at his pleasure. When this untutored peasant e trace its agency: EU 10 IL TIL the essayist, we perfectly coincide.

appeared in the capital of his country, philosophers es will tell you, that is the pric.

Dr. Carey, it appears, from the views he entertained wondered and rhetoricians were bafiled, because he erora which cheers uit vin,

of himself, from the estimate of Wayland, from the possessed that by nature, which they could not acquire - directive power of the nuca EL

statement of his biographer, and from the concession of by art. As he reclined by the hawthorn bush, the ver

all hill admirers, was not what we call a man of genius. nal season unfolded its successive pages before him; s mystery of the earth's magas NL

In the structure of his mind, the imaginative faculty and as he stirred his cottage fire, the leafless winter rily solved,) be ackroskdo a me

was absent; and without some portion of this faculty read to him its lessons. The vale opened its green lap, gist, and he will point qua.

"the mind must always remain imperfect. By the ab. inviting him to repose; and the mountain was ambin its magic touch-to the aid I.

sence of it, Dr. Carey escaped some sorrows; but lost at tious to cast its chains over such a noble captive. And ntinuous Feins of its agency: DINS the same time many pleasures. His mind, in this re. this was all his education. The same remarks will e will tell you, that in the contes spect, bore a resemblance to that of Scott, the commen- apply to Goldsmith. He was a native of Lishoy, in e changed entirely bis wholesale, . tator, who expresses his gratitude that his Creator had Ireland, and in his circumstances scarcely above the - substances before considered one. not made him a poet. He is willing to employ, for use condition of the Scottish ploughman. It has been aplly -- pounds, separating their elements »

ful ends, the poetry of others; but not willing to con. remarked of Goldsmith, that when literature took him, for examination in a tangat ini si tribute so much as a flower to the stock, in which men. it robbed no other service. He could write, and that (8) out to bim one of the simples 1 1 tal ornament prevails over sheer utility. Imaginative was all. Dr. Johnson said of him, “It is astonishing - tems of classiícalon; and DK, SZI

men have acted on more generous principles. They how little the man knows;” •but he might have added, g is likely yet to prose to be La

have pursued their own devious thoughts; but have what a power does he possess of employing what he 1 mate particles of matter kgtige,-* *

not forgotten at the same time to contribute a vast dea! knows. The artisan need not care so much about ,/ the universe.

to plain common sense. This might be evinced by the abundance of his materials, provided he be able to

mentioning the names of a hundred poets; but Shak- work into valuable fabrics the materials already in his , It is at once the periecta di les e glory of the buman intelec,

speare is in himself an host. Dr. Carey was a remarka- possession. And this statement is pre-eminently true of

ble example of what can be accomplished by industry Goldsmith. Durability is impressed on his works, and n manner in wbich the Creator in a

withoue inventive powers. If diligence alone could this cannot be said with truth of all the works of Johna ther; and man may fearesty are

bring to pass the results which this great man achieved, son: when men are searching for the soft and winning ef of the greatness of the pores a la

what might not genius accomplish, if combined with pictures of life, they will be apt to turn towards that chose

equal industry and the same attachment to objects ju. canvass which was spread out before the pencil of Olidiciously selected? The talent of acquiring languages, ver Goldsmith. We have drawn our own chair before does not imply the power of invention ; because, in at- that canvass more than once, and have gazed on the intending so closely to what has been created, it is natu- teresting objects with which it is filled. We have ac

ral to lose the desire to create. The accounts which companied the solitary traveller as he was passing the human body, with the lgkuris tradition, rather than history, has preserved of the ad- Alps, and been cheered by the recreations of the smiling

mirable Crichton, amount to an exaggerated fiction. If village, and have felt sad when that village went down such a person ever lived, he might have been profound into total declension. We have sympathised in the in a few of his attainments ; but in many of them he trials

, and exulted in the prosperity of his Vicar. We was superficial. We are not acquainted with a more have likened his “ Animated Nature,” to a kind of folduninteresting writer than Professor Lee of Cambridge; ing place for flocks—or a mental park, in which the and though skilled in a score of languages, he has not deer can gracefully recline-or to some meadow, in yet learned to compose in his vernacular tongue. The which the bee can carry on his lowery toils. We learning of Ross, a native of Scotland, was various as have seen Chinese customs diversity the scene, and that of Professor Lee; but his premature death has de English monarchs rising successively to view—and clasprived us of the power of estimating his amount of sic Greece, in the distance, whose heroes he portrayed, originality. Lord Teignmouth states the number of and all the prospect enlivened by rivers more captiva. languages with which Sir William Jones was ac- ting quainted, at twenty eight; but we know of nothing

“ Than the lazy Scheld and wandering Po.” that Sir William wrote of which it can be said, this We agree with President Wayland, that this biogranever existed before. He could translate into English phy of Dr. Carey is defective. The memory of such a the thoughts of Persian and Italian poets; but the man deserved a better momument. There is a painful question never can be solved, whether he would have destitution in the work. We do not allude to a destiexecuted successfully the epic poem which he meditated tution of facts. The locomotiveness of this great mis

writing before his death. The writer is incompetent to sionary is sufficiently well described. But there is no past. It is not or purpose

judge of his essay on bailments; but the views of that history of his mind. In the life of Dr. Scott this is the

work are conveyed in graceful terms. It is equally capital excellence. It matters but little that the combecause a great portion of the non

true, that a man of small attainments may possess un mentator lived at Olney; that he was chaplain to the common powers. A peasant once rose in Scotland, who Lock Hospital in London, or rector of Aston Sardford, could read and write, and was partially acquainted with Buckinghamshire; but the progress of his mind is what arithmetic. This man said of himself, with an elo lends interest to the book. We associate our feelings with quence rarely equalled, "The muse of Scottish poetry those of the commentator. We enter into his labori. found me at the plough, and threw over me her inspi- ous vigils, and rejoice when he leaves his sheepfold in ring mantle.” Burns has produced not one, but many Lincolnshire, to go forward to that moral and intellecthings new and original. If they ever rose to the cual elevation for which he was designed. Had the minds of other men, it is certain that they never found. Rev. Robert Hall been living at the time that Dr. Carey

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died, he would have executed this task on a scale of India, and that vibration was a loud and melodious tri. proper dimensions. But by proper dimensions we do bute to the genius of literature. not mean that a bulky volume was necessary for the The memoir contains other facts illustrating the value purpose. We wish the circle of biography to inelude of literature. Dr. Carey's impressions of missionary all that it can legitimately be made to contain. With life, were deepened by his geographical studies. Il apdue deference to the author of Lalla Rookh, we think pears that he taught school in England. He had a fa. he made a circumference for the life of Lord Byron too cility in acquiring knowledge, but not the talent of imvast to be filled up either with instruction or amusement; parting it; and hence he succeeded but indifferently and five or six hundred letters deposited within it, with his school. The superficial are always prompt to ought to have found a place among the works, rather deal out what they know; but in the most of his asthan the memoirs of the noble poet. This remark will Lainments, Dr. Carey was profound. It is likely, how.' apply to many lives in modern days, though there are ever, that he was too much bent on the improvement of some modern pieces of biography superior to any of his own mind, to give an undivided attention to the which antiquity can boast,

minds of his pupils. He was constantly engaged in But in beginning this communication, we had a collecting the statistics of geography, and in search of specific object in view, and that was to take out of this recondite facts-of customs not yet accurately defined, memoir a few incidental facts which illustrate the value and systems of religion differing from the one received of literature. We looked then, in reading it, with anx. in England. Geography has been called a science ; but iety, to find the source from whence Dr. Carey derived it ought scarcely to be dignified with such a title. The the first impulse to a missionary life, and happily we earth lies so open to investigation, and an acquaintance have the statement, not from the biographer, but from with it demands so small a portion of abstract talent, the subject of the biography. On page twelfth of the that the science is claimed as belonging rather to the gememoir, we find the following declaration : “Reading neral than to the precise operations of the mind. The Cooke's Voyages was the first thing that engaged my literary man cannot be indifferent to geographical informind to think of missions.” We view this as an im- mation, because so many of the materials with which portant literary fact. These Voyages may not be a he works are brought from this source. There are finished production; but few works have ever wrought many things which the poet uses, with which he may so powerfully on the human mind. Perhaps De Foe, as a not be scientifically acquainted. There never was a writer, was more popular; but his was the romance of poet who did not admire the stars; but all poels have the sea, whilst Cooke gave us nothing but maritime re- not been conversant with astronomy. Thus Thompson alities. De Foe fixed attention on a solitary man; but honored the memory of Sir Isaac Newton in bis verse, Cooke, on masses of men hitherto unknown. Many but sought from others the amount of philosophical inregarded De Foe's as a puerile performance, and would formation necessary to the execution of his task. But not look into the deep moral lessons which he taught, it is recorded in the Life of Thompson, that he was in whilst no prejudice of the kind existed against Cooke, ordinately fond of voyages and travels. Such works Even the occupants of farm-houses could follow the feed the poetical mind, and some of the most imagina

. track of the navigator, under the conviction that it tive men have derived advantages from going abroad. would lead not to fictitious scenes, but to islands luxu- This may be said of Homer, Camoens, Milton and riant in tropical fruits, among which many of our spe- Byron. It was by this general study that the taste of cies had found a home. Customs entirely novel, trees Dr. Carey was fostered for missionary life, and no man laden with unusual fruits and flowers, expanded by the did more to stop the car of Juggernaut, to abolish sutsun, took their place among the colorings of the human tee, or to rupture the first links in the chain of the caste. imagination. These things appeared marvellous at the It further appears from the memoir, that Dr. Carey time, and realized a declaration since made, that was a botanist. It is not the object of the biographer to

represent him in his character as a philosopher, nor is it " Truth is strange

ours to speak of him in his religious character. But he Stranger than fiction.”

was always writing back to England for works on

plants. He was always wanting the newest publicaThese voyages not only influenced many to attemptions on this and kindred subjects, and that at a time the perils of the deep; but, by enlarging the boundaries when he had no home but the pinnace, the jungle, and of human knowledge, they incited many powerful minds. the sunderbund. The passion he had formed in Eng Sir Joseph Banks, and Solander, a pupil of Linnæus, land was not the less vigorous, because the person in accompanied Cooke in one of his voyages. Having whom it resided was transferred to India. It is admittaken a record of plants in their native lands, they ted that botany is a science existing from the earliest went in search of other and cognate families. But times, but brought to a high state of improvement by these voyages affected the complexion of poetry. The the immortal Swede. This science has been appropripoet, tired of objects which he had seen, longed to deated by literature to its own service. It forms one of scribe what he had not seen ; and we would ask whether the elegant pursuits, and belongs clearly to that region Coleridge, Byron and Montgomery have written no- of ideal enchantment over which poets delight lo rove. thing, the materials of which have been brought from the The sun of science has here distributed his rays; but grollos of the deep, the beaches of the sea, and the they have been combined into a thousand diamond and islands of the restless ocean. In this way, the book on planetary points of beauty. Let it not then be forgotwhich we are remarking has become interwoven with ien, that in this pursuit, Dr. Carey employed moments polite letters; and we have proved that this book of relaxation from the toils which consumed his valusa woke the moral chord which has vibrated throughout ble life. He did not disdain the analysis of a Hindos

SOUTHERN LITERARY MESSENGER.

581

lodia, and that vibrata mund IL
bute to the genius of literar

The memoir conta na na
of literature. Dr. Cares's proga
life, were deepened by his pagasta..
pears that be taught setza a bez
cility in acquiring knoaleta buena
parting it; and hence be seeds
with his school. The sun ist.
deal out wha! they knos; d 121
i tainments, Dr. Carey was preten.
| ever, that he was too much bettes
his owo mind, to give an zadnec
minds of his pupla He Te CE
collecting the statistia e premaman

,
s recondite facts of casting di per

and systems of religiend Berizina 2 - in England. Geography has bees 2€ :

it ought scarcely to be dafari
e earth lies so open to istes que se
a with it demands so sulla pratia
e that the science is claimed en bent

Deral than to the precise opentasi
literary man cannot be indfulness

mation, because so manyet in
e he works are brought from this
o many things which the per 28
not be scientifically acquariat. Dr.

poet who did not admire the ster; E.
not been consersan: Eith streer.
honored the memory of &r las

but sought from others lhe ate
d formation necessary to the elections

it is recorded in the Life of Tacosts
2. Jordinately fond of ropages are 15

plant, even when he was grappling with all the dialects | comes rich; but by his disinterestedness he dies poor.
of Asia. And then it appears that he was anxious to He is the associate of pundits, rajahs, and viceroys,
compose a system of Hindoo ornithology. Every and the King of Denmark presents him with a medal.
branch of natural history engaged his attention; but it Many great names are connected with India, but
is probable that in some branches he was simply an among them all there is not one brighter than that of
amateur. His translation to India introduced him into the subject of this memoir. Comparisons are invidious
a new world. The translation of Wilson to this coun- among the living, but not among those who have fulfill-
try, produced the ornithological taste by which he was ed their appointed tasks. Sir William Jones was a
distinguished. Grahame wrote a poem entitled the man of more polished mind, and Bishop Heber of more
“ Birds of Scotland,” but the genius of Wilson was refined taste, and Bishop Middleton was a more pro-
never awakened in North Britain. Far be it from the found Greek scholar; but they were sustained by the
writer to insinuate that Dr. Carey was devoted to pur- patronage of the government. The one was fortified by
soits of this kind, to the injury or neglect of his appro- the seal of his king, and the others carried to India
priate vocation. But the eagle, when poising himself crosiers from the church established by law; but
in playfulness, may keep his eye on the sun; and this when did either or all of them publish the scriptures in
good man kept his wide awake to the central mark at forty dialects. Much then as we revere such benefac-
which he aimed. It appears, too, that he engaged in tors of our race as Sir James McIntosh, or Sir Stam-
the translation of a sanscrit poem. This employment, ford Raffles, or Claudius Buchanan, or Henry Martyn,
however, does not seem to have been congenial to his let us generously yield the palm to the man who has
laste ; and this was owing probably to the defective-deserved it. The name of Carey will not be forgotten.
ness of his imagination. One of his reviewers has re- It will float forever on the tide of the Ganges; it is as-
marked, that a mytho-epic poem was scarcely in har-sociated with each grassy jungle, and it shall be more
mony with missionary employment. Nor was an indigo conspicuous, when the children of the east shall weave
factory at Malda in unison with the same employment. millenial flowers into the mane of the lion, or entwine
But he found that he must subsist, or the mission die, them round the antlers of the Persian gazelle. When
and therefore he superintended such a factory. It is the Ganges is low, the million who inhabit Calcutta are
probable, then, that the translation of the poem was refreshed at a reservoir of vast dimensions excavated in
subsidiary to acquiring a knowledge of the language, their city. When their antiquated systems of religious
and of the religious belief of the Hindoos. Without error are exhausted, and the people shall be ready to
an acquaintance with the Hindoo religion, how could die of mental and moral thirst, they will turn, we hope,
he possibly subvert it; and without perfecting himself to those transparent cisterns of truth, which have been
in the language, how could he have compiled the gram- excavated by the hand of religious literature.
mars and dictionaries of which he was the author. Finally, we go for missions, and if asked for a reason,
But the value of literature is pre-eminently seen in the we reply, for the present, in the words of the lamented
contrast between where literature found him, and the Heber--
unparalleled usefulness to which he was elevated by its

“From Greenland's icy mountains,
power. It may be said that his piety accomplished

To India's coral strand,

Where Afric's sunny fountains much in his behalf; but the object of piety is to confer

Roll down their golden sand moral rather than intellectual worth. When he lost

From many an ancient river, sight of England, he left in it many a miner, hedger and

From many a palmy plain, toll-gatherer as pious as himself; but he went forth un

They call us to deliver
der the auspices of religious literature, and in her name,

Their land from error's chain."
wrought for the benefit of millions, who, existing pros-
pectively in the ocean of divine wisdom, will one day
arrive on the beaches of our island world. Dr. Carey
was born in Paulerspury, Northamptonshire, of obscure

BAR ASSOCIATIONS. *
parents. He was apprenticed to a mechanic. He felt
a desire to learn, which he could not suppress.

It is well known that there exist, at divers places in He

the southern country, certain combinations among the teaches school, and officiates as a preacher in several obscure towns. We wish his biographer had described gentlemen of the bar, commonly styled Bar Associathese localities more fully. He seems destitute of

tions, for the purpose of exacting from the community the associating faculty. He does not so much as hint higher fees than could be obtained, were a free competithat Doddridge and Hervey officiated in the same

tion permitted among the bar for professional business. shire-that it was one of the visiting places of Akenside,

Sincerely believing that I have correctly described the and the birth-place of Dryden. But Dr. Carey goes whatever be their ostensible objects, or whatever sub

true, substantial character of these confederations, forth poor and unknown. Perplexed by the suspicious ordinate purposes they may effect

, I shall endeavor to policy of the East India Company, he takes refuge in show that they are wrong in principle, and injurious in Serampore, a Danish town. Many go, year after year, their practical results, both to the legal profession and from England to India, but they are allured by the love the community at large. To prevent all misapprehenof gain. When Leyden was dying, he saw a piece of India gold, and he closed his life in the act of inditing to The following communications have been endorsed by one it a pathetic sonnet. When property enough is secured, of the ablese political economists in the southern country, to these adventurers expect, with their acquired rupees, to

whom they were submitted. He says: “I am against pro

fessional as well as trades uniong. I consider them as conspi. purchase some greenwood home in England. But Dr. racies against the community at large, and against the younger Carey expatriates himself as a perpetual exile. He be. I and less experienced members of the craft."

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CLERICUS.

feed the poetical mind, and want it?
live men bare derived advantages
This may be said of Bre, les
Byron. It was by this gemaats
Dr. Carey was fostered for
did more to stop the car o digan
lee, or to rup!ure the brg ik z

It further appears fraen abest?
was a botanist

. It is not the contes represent him in his character 012ours to speak of bin ia bis religgs * was always writing back to Eat plants. He was always wanting itions on this and kindred so hard S'when he had no home but the

the sunderbund. The peste

land was not the less rigona
/whom it resided was transferre ab

ted that botany is a science es
limes, but brought to a dei sallik
= the immortal Swede. These
ated by literature to its or certi
the elegant pursuits, and delingen i

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Len, that in this pursuri Dalam * of relatation from the moment

1 ble life. He did not distance 15

sion, I must say distinctly, at the outset, that I do not imposition, and all the best interests of mankind are impeach the motives of the members of these associa- advanced. tions. Far be it from me to hold up to public execra- Now, it is perfectly evident that all associations tion my respected brethren of the bar, as money-thirsty among the members of particular avocations, estabShylocks, wickedly conspiring together to practice lishing certain fixed prices for their commodities, and wholesale extortion upon a suffering community. I pledging themselves not to undersell each other, are would do them no such injustice ; and it taxes not my in flagrant hostility to the great commercial law we charity in the slightest degree to admit, as I sincerely have been discussing. They prevent competition. The do, that, unconsciously biassed by the insidious influ- great strife in competition, is, to furnish the best article, ence of self-interest, they no doubt see in these associa- or to render a certain service in the best manner, for tions nothing objectionable, but much that is commenda- the least compensation. A fixed uniform price is then ble. It is hard to see the truth through the bewildering plainly at war with the great animating principle of and distorting mists of self-interest. Than self-interest all commercial enterprise. nothing is more insidious and ingenious. It is constant. Let us suppose for a moment that all other profesly operating upon the human heart, and we daily see sions and avocations enter into similar combinationsit giving a wrong determination to the judgments of that merchants and artisans pledge themselves not to the best of men. Whilst, therefore, I cheerfully acquit take less than certain stipulated prices for their com these gentlemen of intentional wrong, I shall express my modities or services—what an unnatural scene society sentiments freely with regard to the principles and would present! What an utter subversion of the funeffects of all such organizations.

damental principles of commerce would be exhibited ! It is necessary to premise, that the members of these Buy where you can buy cheapest ; sell where you can associations solemnly pledge themselves to each other, sell dearest—these common sense axioms of all sound not to receive from their clients less than certain stipu- traffic would be exterminated ; industry and enterprise lated fees for certain defined professional services; would be in a measure paralized; the spirit of impledging themselves, also, to suspend all professional provement would be palsied; society would be ironintercourse with, and to withhold every professional bound and stereotyped, and, instead of advancing to courtesy from such refractory members of the bar as higher and still higher degrees of improrement, would contumaciously refuse to join the confederation. First, present from age to age the same dull, inanimate then, these associations are wrong on principle. features. But where competition is unfettered, where

It is a fundamental maxim in political economy, that trade is free, where it is untrammelled by unnatural the freest competition should not only be permitted, but restraints, its direct tendency is to stimulate enterprise encouraged in every department of human exertion. to its mightiest efforts, to create skill and ingenuity, Competition is admitted by the common sense of man- to reduce prices to their proper level, to adapt them kind to be, according to the trite adage, emphatically to the ever fluctuating tide of human affairs

, and "the life of business." It presents the most powerful thus to promote the best interests of society, and to stimulus to exertion. It arouses not only the self-in- carry forward the great work of human improvement. terest, but also the pride and vanity of the human heart. These associations, then, conflicting as they do, with It nerves the brawny arm of the laborer for ceaseless great and pervading public principles of vital importoil by day, and it chains the pale student over his tance to society at large, are wrong in their very condizzy page by his midnight lamp. It gives skill and stitution, and ought therefore to be abolished. vigor to the physical powers, and it sharpens and My second position was, that these confederations are strengthens all the faculties of the mind. It is the injurious to the legal profession. I do not mean in a patron of industry and enterprise, and the foster- pecuniary point of view, but in their influence upon mother of the arts and sciences. It gives life and en the character of the bar for professional acquirements ergy to society, and it is in fact the great propelling and abilities. Competition creates skill and ability; power of the world. It is one of the great conservative it sharpens the mental faculties, and stimulates the and progressive principles of society.

individual to the greatest possible exertion. But as Destroy competition, and you cut the sinews of these associations, in some degree at least, prevent industry; you paralize enterprise ; and you palsy the conipetition, they must, also, in the same degree, tend spirit of improvement. Society becomes at once a to suppress the ability which competition would elicit

. lifeless, stagnant pool, whose putrid exhalations will Every one would naturally expect to find the most soon fill the whole atmosphere with its deadly mi- skilful artisans, and the ablést professional men, where

there was the keenest and freest competition. But this is not all. Competition is not only the There is another view of this subject

. These fired great stimulus to enterprise, and the parent of skill and tariffs of fees are ordinarily much too high for the plain, ingenuity, but it is also the great guaranty of society formal, ordinary business of the profession, which any against the unconscionable exactions of self-interest. one can transact. The consequence is, that the pros Competition brings everything down to its proper level. fession is surcharged with perty retainers

, who add Its natural tendency is to reduce all commodities to nothing to its dignity and respectability. Were a free their fair average prices. Is an article unnatuwally competition permitted, this sort of petty business would high ?-capital and labor are attracted towards it; com- soon fall to its proper level; the emoluments of the petition ensues; the market is glutted, and prices sink, profession would be reserved as the rewards of learnEverything is thus reduced to its proper level; pricesing, talent and worth; the number of pettifoggers are left free to adapt themselves to the ever changing would be diminished, and the respectability of the procondition of human affairs; society is protected against I fession advanced.

asmata.

A MEMBER OF THE ALABAMA BAR.

My last position was, that these associations are contracts with my clients ? Is it to be supposed that injurious to the community at large ; and if there is high minded and spirited men, who are conscientiously apy truth in the general scope of the preceding rude opposed 10 these associations, will, with the craven and hints, (for these crude remarks aspire to no higher cha- dastardly spirit of a slave, tamely bow their necks racter) that position is already sufficiently established to the yoke? I tell you, nay. No man in whose But these confederations inflict a direct injury upon bosom beats a manly heart, will be deterred by any society, by exacting higher fees than a free competition menaces, or by any unfounded imputation of sordid would tolerate. If they do not have this effect, they motives, from the plain path of duty. He will resist are useless to the bar; if they do, they are injurious to the last gasp, all attempts to tyrannise over his conto the community. We all know that members of the science; and in this high course, I doubt not he would bar frequently refuse to accepe less than the stipulated be triumphantly sustained by an enlightened and virfee, not because they could not in justice to themselves cuous community, accept a smaller compensation for their services, but because they had pledged themselves not to take less than the tariff fee. These associations thus exact large sums of money from the community at large.

BAR ASSOCIATIONS. If then, these associations are, as I have endeavored to show, wrong in principle and injurious in their prac. These Associations present three questions. tical effects, they ought to be forth with dissolved. 1. Are they just to the public? They are unworthy of the enlightened profession of 2. Are they just, as between the parties ? the law. They are far behind the free spirit of the age. 3. Is their tendency to elevate or degrade the proThey savor too much of the shackles and manacles of fession? the dark ages. A freer spirit is abroad upon the earth, 1. They partake of the nature of all agreements bidding the spirit of enterprise go forth unshackled, as among the venders of any article, to fix among themfree as the gales which swell the sails of the adventu- selves a tariff of price. These again partake of the rous mariner. Free trade, honorable traffic—these are nature of monopoly. When all venders are of one the maxims of the age, and the true principles of all mind, it is the same as if there were but one vender. commercial prosperity; and any association which Such associations, therefore, are attended by the pracmay oppose this free spirit, will one day be swept away tical evils of monopoly. like a bulrush before the swelling tide.

All monopolies are odious. The odium varies in Similar associations have not been found necessary degree, according to the nature of the article monopoelsewhere, to secure the rights and to sustain the dig- lized. Thus we may suppose-1. Monopolies of articles nity of the profession ; nor are they necessary here. the use of which is pernicious. These are easily borne. To assert that they are, is to libel the profession. Hence the high prices of tippling shops. 2. Of arti

The legality of these associations, ioo, is almost as cles of mere luxury. Of these, for various reasons, questionable as their policy. It deserves serious con- some founded in justice, some in vanity, some in mere sideration, whether they are not indictable at common recklessness, men rarely complain. 3. Of articles of law as conspiracies to raise or sustain the price of necessity, but for which substitutes may be found, or labor. They certainly come within the spirit, if not which the consumer may make for himself. 4. Of within the letter, of the doctrine.

articles of necessity, which cannot be substituted or But if these organizations are objectionable in these made by the consumer. various aspects, the penalties by which they enforce To which of these classes does this monopoly belong? obedience to their arbitrary laws, even upon those who clearly to the last and most odious. Men cannot inmay be conscientiously opposed to them, are liable to vestigate their rights, or pursue them, when ascertained, still severer reprehension. Recusants are to be sum- without the aid of the bar. Wherein then does this marily Lynched! Yes, sir; all who refuse to join the differ from an agreement among the owners of all the conspiracy are to be outlawed; all professional courtesy springs in any neighborhood, to fix a tariff of the price is to be withheld from them; non-intercourse is to be of water? In this: the necessity for water is one of declared; every legal advantage is to be taken of them; God's creation. The other is the work of society and they are to be kicked out of court on all occasions; legislation. Men are especially bound not to abuse a their professional reputation is to be destroyed, and power over artificial wants of their own creation. themselves, if possible, driven from the profession in Besides, it is easier for every man to dig his own well, disgrace! They are lawful game, and the whole pack than for every man to be his own lawyer. "He who of bloodhounds is to be let loose upon them! Is this is his own lawyer," says the proverb, “has a fool for right? Is it just? Is it worthy the generous profession his client." of the law? If a member of the bar degrades himself These associations are also unjust to the public, beby dishonorable conduct, spurn him from you; but cause they force a man to give for an inferior article, what right have you to force me to join a confederation which he happens to want, the value of a superior which I disapprove? What right have you to ac- article, which he does not want: to buy the time of a tempt to blast my professional reputation, because 1 mere drudge, at the price of the time of a man of genius choose to exercise my profession like a freeman ? and learning: to pay coach hire, though he rides in a because I do not choose to do violence to my conscience, cart. It is as if the manufacturers of broadcloth should by adopting your arbitrary laws ? because I will not engage the manufacturer of Kendal cottons not to permit you to dictate to me the rules of my professional undersell them. conduct, and officiously to interfere with my private II. These associations are unjust as between the

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