296|The Green Bag.|}}

tion which is suggested is whether the obli by satisfactory evidence to be essential to gations which it imposes are, in their very the transaction of the affairs of life must nature, of such a character that a consci also be treated as good, and that such de entious man ought to undertake them? fects as are shown by experience to be in Does the profession of an advocate place separable from their working prove, not that any one who acknowledges the obligation to they are bad, but that life itself is less bene be true and just in all his dealings in the ficial than it would have been without them. Thus the steps by which the profession of same position in which the profession of a hangman would place a man who believed advocacy is justified are as follows: We capital punishment to be sinful, or the mili must act on the principle that life is a good tary profession would place a Quaker? The thing; therefore, that the administration of common sense and common experience of the law, which is essential to the transaction mankind answer that it does not; but why of the affairs of life, is good; therefore, that not? Why is it not wrong and unjust for a advocacy which is essential to the adminis man to hold himself in readiness to say what tration of the law, is good; therefore, that is to be said in favor of any one who wishes the shocks given by the practice of advocacy to put the law in force against his neighbor? to the sentiment of justice, and the hard That every one who does so habitually must ships inflicted by it on individuals, which are inseparable from advocacy, are drawbacks frequently take part in shocking the senti ment of justice, and in inflicting hardships, from its advantages, and not objections to its existence. often of the most grievous kind, on individ If this general theory of the morality of ad uals, follows from the observation already made on the nature of the law. If a lawyer vocacy is accepted, many of the common ob succeeds in his profession, there can be little jections to it fall to the ground at once. It doubt that he will, in the course of his puts an end to all questions about pleading on the wrong side; for to the advocate career, brand honest men with infamy, de prive lawful proprietors of their possessions, whose duty it is to administer law, the wrong and possibly deprive innocent men, not only side means the illegal side; and which side of character and property, but of liberty and is legally right is a question which can be decided only by a competent court; and the even of life! Why is it right to incur, with mode of arriving at a decision which courts out compulsion and of free choice, responsi bilities (to call them by no heavier name) so of justice have deliberately adopted in this country is that of hearing all that can be tremendous? To answer such questions by appealing to said on both sides of the cases brought be the common sense and common practice of fore them. No doubt it may be, and often the world is, for practical purposes, as wise is, morally wrong to exercise a legal right. as for other than practical purposes it is un It may be unmerciful, vindictive, grossly satisfactory In order to give not merely a selfish, and abominably cruel to do so, but reason for disregarding such difficulties in this is the concern of the litigant, not of the practice, but an answer which removes them, advocate. A legal right is a power put by it is necessary to go deep into the founda society at large into the hands of a private tions of morality. The true answer is that person to be used at his discretion. The officers of the law, in their various degrees, for purposes of action, and especially for de ciding on the morality of professions, we. enable him to use it; but there is no moral must assume that life is a good thing, or at difference at all between the advocate who least that, not being proved to be a bad conducts to a successful termination a pro thing, it is to be treated as good. From this secution instituted from the vilest motives, it follows that all callings which are proved and the judge who passes sentence on the