majesty of the Court of King's Bench, but we hazard nothing in saying, that no judicial tribunal at home or abroad, ancient or modern, has ever surpassed, in these respects, the Supreme Court of the United States. But returning to the Judges of our State Courts— they neither flared up, nor blew out, nor interfered in any way with the legitimate privileges of counsel. They never jumped to a conclusion before the premises had been stated, or took the witness out of the hands of counsel, or told him how many, or how few, he was to call, or professed to understand his case better than himself, or thumped upon the bench, or wielded their mallet or gavel like an auctioneer, knocking down justice, or confounded themselves with the crier; and bawled out order, or read a newspaper or a pamphlet during the argument, or talked to their subordinates or dependants, or fidgeted and wriggled in their seats, as if dissatisfied with their salaries, or labors, or with both. In a word, at the period referred to, the deportment of the Bench and the Bar, were what they always should be, in order to inspire the community with profound respect and veneration. But while they were courteous and kind to all around, and made no distinctions between their fellow citizens, they neither encouraged nor permitted improper freedom or familiarity, from any quarter. The etiquette of the courts is quite as necessary to be observed, as that of society. It ought never to be permitted, that the whole community should obtrude themselves, at pleasure, upon the precincts of the bar. Strangers, and others than suitors, have no more right to usurp the appropriate places of others, than they have to enter, uninvited, into the parlor of a stranger, or to occupy the counting-house of a merchant, or the pulpit of a clergyman, to the embarrassment or interruption of the proper occupant or incumbent. In the language of Bacon, "The place of Justice is an hallowed place, and therefore, not only the Bench, but the foot-place and precincts, and purprise thereof, ought to be preserved without scandal and corruption."* In former and better times, these violations of decorum were not allowed, but now, if you will look within the bar, among us, you can scarcely tell the clients from the counsel; and that is not the worst of it, you will find that more than one-half of its occupants are mere loiterers, or perhaps loungers, who are influenced more by curiosity or indolence, than any profitable or laudable purpose. In England, the usage is entirely dif ferent. The enclosure for the bar, is not free to the entire community; it is devoted to legal business. The very apparel of the barristers-their wigs and gowns are significant of certain privileges; and allowing the members of the bar, with us, do not bear with * Works of Lord Bacon, Vol. I., p. 182. Vide also, p. 82. them the outward and visible sign, they are, certainly, either known, or ought to be, to the attendants upon the court; and if the judges would make and enforce an order for the exclusion of interlopers-not from the court-rooms, (for that cannot be done, and if it could, would not be desirable,) but from the strictly business limits of the profession-it would contribute largely to the convenience and comfort of those who are actually interested or concerned in the cases upon trial. If these suggestions were adopted, much confusion would be avoided, and legal operations would be not only facilitated, but consequently accelerated. The annoyance complained of, it is true, is in some instances attributable to the wretched arrangement, or rather derangement, of our court rooms. When courts sit in pig-styes, whatever may be the inherent dignity of the tribunal, they will be still subject to the occasional encroachments of unpleasant visitors. But even with the present meagre accommodations, greater order might be observed; in the District and Circuit Courts of the United States, it is observed. In the other courts, from the latitude that is allowed to every one to occupy a seat within the railing, (having neither right nor business, to excuse the encroachment,) we need hardly be astonished, if at last, some of these intruders should actually aspire to the judgment-seat, itself. Nay, we not unfrequently, as it is, see men rushing boldly upon the Bench, and interrupting the judge during his session-many, it is true, who know no better; but what is required, is a rule forbidding this privilege to ALL, and then none will have a right to complain. No man-certainly, lawyer or laymanwas ever known in France or England, so to invade judicial sanctity, unless by express judicial invitation or permission. But it may be said, there is a vast dif ference between a monarchy and a republic-so there is, but JUSTICE IS ALWAYS A MONARCH, and her ministers should partake of her royal properties, privileges, and attributes. It is essential to the protection of the community that it should be so, and no one has the right to object to that exercise of power, which restrains all for the benefit of all. "Degree, priority, and place," must be observed, or nations and communities could never exist: "How could communities, degrees in schools, and brotherhoods In cities; peaceful commerce, from dividable shores, The primogenitive and due of birth, Prerogative of age, crowns, sceptres, laurels, In the counties throughout the State, (contrary to what might be supposed from our example,) the division line between the bar and audience is clearly understood and regarded, and so it is in most of the cities of the Union. Philadelphia, (the Athens of America,) is a melancholy exception. It must not be supposed that these remarks have for their object any imposition of unreasonable restraints upon suitors, witnesses, or even strangers. On the contrary, the desire is to afford much greater convenience to all. On the score of utility, the benefit of the improvement suggested, must be obvious. The confusion and bustle that now exist would be superseded by quiet and harmony, and our courts of law would become what they were designed to be-sacred temples, dedicated to Justice and enjoying the respect and reverence of the people. In thus noticing those who have departed from among us, passing from works to rewards, and approving their practice, we must not be thought to disparage the exist ing judiciary, much less to undervalue the learning and talents of our brethren of the bar. When it is in place to speak of them they shall receive their full deserts, to the best of our humble ability. For the present, it may be enough to say, that all their faults or defects consist in manner, more than in matter, and would seem to spring from the erroneous modern notion, that he who dispatches the most cases, is entitled to be considered the greatest judge, or the most accomplished lawyer. Whereas, we are told, by the wisest and brightest of mankind,* that "affected dispatch, is one of the most dangerous things to business that can be *Montague's Works of Lord Bacon, Vol. I., p. 83. |