is "at this moment in the full possession of his extraordinary powers." * Such a proposition would be regarded in England simply as an evidence of insanity in him who brought it forward. Look at the English Bench, as now filled, and in former times. Such a preposterous rule as that tolerated in America, would have deprived this country for ages, of its most resplendent judicial ornaments. Twenty years of the great Lord Mansfield's judicial life would have been sacrificed: and look at the case of Lord Lyndhurst-the late Lord Abinger-Lord Denman-Sir Nicholas Tindal-The Vice-Chancellor of England-and others who might be named! We may indeed say-addressing those guilty of such absurdity

pudet hæc opprobria vobis—

Et dici potuisse, et non potuisse refelli !

Story on the Constitution, vol. iii., p. 487, note.

CHAPTER II.

ON THE CHOICE OF THE LEGAL PROFESSION.

STUDENT, throbbing with the honourable desire of distinction! have you REFLECTED upon the step you are taking, in entering into the brilliant struggles of the Bar? Have you endeavoured to form anything like a distinct idea of the kind of life that awaits you, of the

"long, the rough, the weary road"

that must be traversed, before you can stand beside yon bright figures which, glittering in the distance, may have so dazzled your young eye? Have you considered—have you heard, of their severe labours? Bear with him who thus begs of you to pause for a moment, and ponder your prospects: who seeks, in all faithfulness, not to discourage you-not to damp your glowing energies, but to guide them; to sober and strengthen you, while “plodding your way through the heavy road, to the high places of the profession!"

The prizes in the legal lottery-if one may use such an expression-the distinctions open to competition among the members of the Bar, are, as has been already intimated, unquestionably far more numerous, valuable, and dazzling, than are afforded by any other profession. Two Lord Chancellors in England and Ireland; the numerous Equity Judges and Common-Law Judges of the superior

Courts; the Ecclesiastical Judges; the Indian Judges, Recorders, Registrars, &c. &c., all with splendid salaries; the colonial Judges; the Recorders of the English boroughs; Stipendiary Magistrates; between eighty and ninety Revising Barristers, (with two hundred guineas each), annually bestowed by the Judges, chiefly, too, upon the junior members of the Bar* (regard, however, being had to individual fitness in respect of experience, learning, and character, for such responsible public duties), Bankruptcy, Insolvency, and Lunacy Commissioners; Masters in Chancery, and a great number of other lucrative and important, permanent and temporary appointments conferred upon Barristers: -all these justly invest the profession of the Bar with a peculiar attractiveness to the eye of ambitious talent; for every one of the above glittering series of offices and appointments is really and unquestionably within the reach of even the humblest candidate for success at the Bar. And to this must be added the splendid incomes made by the more successful private practitioners at the Bar, and the great number of ample and comfortable incomes-some of them without their possessors being ever heard of in public-derived from practice by those who

The Revising Barristers for the county and the boroughs in Middlesex, and the Cities of London and Westminster, must be appointed by the Lord Chief Justice of the Queen's Bench, in the months of July and August ; and all the others must be appointed by the Judges during the Summer circuits (stat. 6 & 7 Vict. c. 18, s. 28): from which it may be inferred that the legislature intended the selection to be made from the members of the respective circuits in which the boroughs and counties to be revised are situated.-Occasionally, however, the Judges have appointed those who were utter strangers to the circuit, and members of the Equity bar. Additional Barristers may be appointed when necessary (s. 29.) Any Barrister of three years' standing is eligible (s. 28.)

are only moderately successful in obtaining it. While thus, however, is exhibited distinctly and frankly the bright side of the picture, it would be cruelly delusive to conceal the dark side. We shall content ourselves, for the present, however, with one disadvantageous and very disheartening circumstance, viz. the great difficulty of getting anything like a fair and real "start" in the profession; arising from (among several permanent causes which cannot be here specified) the vast increase in the number of competitors within the last fifteen or twenty years. During that period, moreover, by no means an inconsiderable proportion of the Bar has been, and continues to be, derived from those who have relatives and connections among the other branches of the profession (that of Attornies and Solicitors), in many cases from those who have been themselves not barely educated to be Attornies and Solicitors, but have actually practised as such, and who, undoubtedly, when possessed of the requisite personal qualifications for success (of which there exist several encouraging instances), come armed with immense advantages over their less fortunate rivals. This very circumstance, however, should suggest an important practical reflection to one of this class meditating coming to the Bar; viz. its natural tendency so to distribute "connection" amongst individual objects of favour, as, while terribly increasing the difficulties of those who cannot obtain such assistance, seriously to diminish its ultimate efficacy to those who can. The result of the whole is, to augment the number of those who make little

*From the short table which is given at page 1, the reader will see that between the years 1833 and 1844 the number of Barristers has increased from eleven hundred and thirty, to TWO THOUSAND FOUR HUNDRED AND EIGHTY-FOUR!

incomes from unimportant favour-business, and can never get beyond it; and to prolong the struggles, to retard the progress towards decided success, towards eminence, of the great majority of the members of the Bar; wearing out with that hope deferred which maketh sick the heart those who, from deficient health, pecuniary resources, physical or mental energy or perseverance, faint by the way, and are left behind defeated, neglected, heart-broken, forgotten. But however long and arduous the struggle, while moderate merit will insure only moderate success, nothing but eminent merit can insure-and that it WILL insure-distinction and greatness.

Bearing in mind these and many other important considerations which will be suggested by a perusal of this work,-when the consequences of failure are so dismal, of success so dazzling, is it not obvious what anxious inquiry, what grave deliberation should precede the adoption of the profession of the Bar; especially when one adverts to the circumstance that this is a profession almost universally entered at such a period of life as admits of the exercise of a sound and manly judgment in making choice of the Bar? Let us at once, then, to the task.-Listen to the advice given by a quaint and sagacious old lawyer, so long ago as 1675. Despite its straight-laced pedantic form, it is worth giving at length.*

"Many, applying themselves to the study of the law, without due and serious consideration of the qualifications

The sight of the Latin quotations with which the following passage is so plentifully seasoned, reminds one of Sir Thomas Browne's remark [almost equally applicable, by the way, to his own writings], "and, indeed, if elegancie still proceedeth, and English pens maintain that stream we have of late observed to flow from many, we shall, within few years [he was writing in 1646] be fain to learn Latin to understand English, and a work will prove of equal facility in either." Pseud. Epidem.-Epist. to the Reader.