"And much to its value, I"ve no doubt," said Bart. "Well, with increased strength and vigor, we shall begin by imperceptible degrees, to modify and change the whole, and the whole will ultimately become Americanized, till the English of this continent, partaking of its color and character, imparts its tone and flavor finally to the whole everywhere. I have not much faith in a purely American literature, notwithstanding Miss Giddings" advertis.e.m.e.nt."
"Mr. Ridgeley," said Miss Giddings, "your notions are depressing. I don"t believe in them, and will oppose my woman"s intuitions to your man"s argument."
"My dear Miss Giddings," said Bart, laughing, "you value my notions quite as highly as I do; and I wouldn"t take the criticisms of a young man who ran away from the only college he ever saw, and who has only heard the names of a few authors."
"I wont. They are not American; and yet there seems to be force in them."
CHAPTER x.x.xIX.
ABOUT LAWYERS, AND DULL.
Mr. Giddings was always much interested in all young men, and put himself in their way and society, and while he affected nothing juvenile, no man could make himself more winning and attractive to them. It was said by his enemies, who were of his political household, that in this, as in all else, he was politic; that he sought out and cultivated every young man in the circle of his acquaintance; made himself familiar with his make-up; flattered and encouraged him with little attentions; sent him speeches and books, and occasional letters, and thus attached nearly all the rising young men of Northeastern Ohio to himself personally. This may have been one source of his great and long continued popularity and strength; he thoroughly educated at least one generation of voters.
However that may be, he was much in the old office where he had done so much effective work, and laid the foundations of his position at the bar, which was with those of the first in the State.
He a.s.sociated on terms of the pleasantest intimacy with the young men, and early evinced a liking for Bart, who, poor fellow, was ready to like anybody who would permit him.
Mr. Giddings was at pains to impress them with the absolute impossibility of even moderate success at the bar, without industry, while with it, mediocrity of talents would insure that. "Of the whole number who were admitted," he said, "about ten or fifteen per cent.
succeeded; and one in a hundred became eminent. Undoubtedly the greatest lawyer in the world did not possess the greatest intellect; but he must have been among the most industrious. Brilliant parts may be useful; they are always dangerous. The man who trusts to the inspiration of genius, or his capacity to get advantage by ingenious management in court, will find himself pa.s.sed by a patient dullard.
The admiring world who witness some of the really fine intellectual performances that sometimes occur in court, haven"t the faintest conception as to when the real work was done, nor at all what it consisted in; nor when and how the raw material was gathered and worked up. The soldier in war is enlisted to fight, but really a small part of his time is spent in battle; almost the whole of it is in preparation, training, gathering material, manoeuvring, gaining strategic advantages, and once in a while producing a field day, which tests the thoroughness of the preparation. This ill.u.s.trates the value of absolute thoroughness in the preparation of cases. A good case is often lost, and a bad one gained, wholly by the care or negligence in their preparation. You really try your cases out of court."
Barton asked why it was that, while the world generally admired and respected the bar, there was a distrust of its honesty?--at which there was a general smile.
"Because," said Mr. Giddings, "there really are unworthy members of it; and the bar, like the ministry and the medical faculty, being comparatively a small body, is tried by its failures. The whole is condemned in the person of a few; while a majority--the bulk of men--estimate themselves by their successes. One great man sheds glory on his race, while one villain is condemned alone. The popular judgment, that lawyers are insincere and dishonest, because they appear on both sides of a case, with equal zeal, when there can be but one right side, is not peculiar to the bar. It should be remembered that learned and pious divines take opposite sides of all doctrinal points of Scripture, and yet n.o.body thinks of questioning their honesty."
"When both are wrong," put in Wade.
"Now there are, nominally at least, two sides in a law suit--certainly two parties. One party goes to Frank, here, and tells his side, most favorably to himself, and gets an opinion in his favor, and a suit is commenced. The other tells his side to me, for instance, and on his statement I think he has a good defence. From that moment each looks for evidence and law to sustain his side, and to meet the case made by the other; and invariably we come to the final trial, each honestly thinking he is right. We try the case zealously and sincerely, and the one who is finally beaten, feels that injustice has been done. It is the first task of an advocate to convince himself, and unless he has already done that, he may not expect to convince court and jury; and a man must be a poor advocate, or have a very bad case, who fails to convince himself, however he may fare with a jury. You need never expect to convince your opponent; he is under a retainer not to agree with you."
"There is another thing about it," said Wade. "The bar and writers talk about the ethics of the bar, and legal morality, and all that nonsense, until there is an impression, both among lawyers and the public, that there is one rule for lawyers and another for the rest of mankind--that we are remitted to a lower standard of honesty. This is all bosh; there can be but one standard of right and wrong; and that which is wrong out of court, cannot be right in it. I"ll have but one rule. A man who will lie to a court or a jury, will lie anywhere--he is a liar."
"Will you submit to that rule?" asked Giddings, laughing.
"I always have," said Wade, "and I wont have any other. Now of all men, a lawyer can the least afford to be dishonest; for a taint, a doubt of his honor, ruins him; and there cannot be a more honorable body of men in the world, and never was, than the fair majority of the bar. The habit of contesting in open court, in the face of the world, engenders an honorable, manly highmindedness, free from the underhanded jealousy and petty wars of the doctors. If a man lies, or is mean, he is pretty certain to be detected and exposed at once. A lawyer cannot afford to lie and be mean. And besides, I have observed that there is really no healthy, manly development of intellect, without a healthy, manly development of the moral nature."
"Now, Frank," said Mr. Giddings, "why not go a step further, and perfect the man, and say that religion should add its strength and grace, as a crown?"
"Well, Gid, I"ve no objection to your religion--that is, I have no objection to religion--I don"t know about yours--but I have known a good many religious men who were very bad men, and I have known a good many bad men to get religion, who did not mend their morals. If a man is a good man, it don"t hurt him to join a church, as far as I know; and a bad man usually remains bad."
"Well, Frank, leave these young men to form their own opinions."
"Certainly; I did not broach the subject."
"They ought to become better lawyers than we are," said Mr. Giddings.
"Their means of education are far in advance; the increase of new and valuable text-books, the great progress in the learning and competency of the courts, as well as the general rapid improvement of the people in intelligence, are all in their favor; they ought to be better lawyers and better Christians."
"They couldn"t well be worse," was the bluff response of Wade.
The young men remained pondering the remarks of their seniors.
"Well, boys," said Ranney, "you"ve heard the ideas of two observing men. They give you the result of their experience on two or three very important practical points; what do you think of it?"
"Ransom," said the ready Case, "is thinking who and what must be the one hundred, of whom he is to be the one. They would be a sad sight."
"And Case," rejoined the ever irate Ransom, "that if John Doe and Richard Roe, with a declaration in ejectment, could only be turned into doggerel, he would be an eminent land lawyer."
"What has happened to Ransom?" asked Kennedy.
"I don"t know," replied Case; "he has sparkled up in this same way, two or three times. Can it be that an idea has been committed to his skull, lately? If one has, a _habeas corpus_ must be sued out for its delivery. Solitary confinement is forbidden by the statutes of Ohio."
"Never you mind the idea," said Ransom. "I mean to find a lawyer in good practice, and go into partnership with him at once."
"Now, Ransom," said Case, still gravely, "you are a very clever fellow, and devilish near half witted; and you would allow such a man, whom you thus permitted to take himself in with you, one third or one fourth of the proceeds of the first year."
"I would have no trouble about that," said Ransom, not quite feeling the force of Case"s compliment.
"Well," said Ranney, "I suspect that generally lawyers, desirable as partners, if they wish them, will be already supplied, and then, when one could secure an eligible connection of this kind, the danger is, that he would be overshadowed and dwarfed, and always relying on his senior, would never come to a robust maturity. Well, Kennedy, what do you say?"
"Not much; I hope to be able to work when admitted. I mean to find some good point further West, where there is an opening, and stop and wait. I don"t mean to be a failure."
"Ridgeley, what are your views?"
"Modest, as becomes me; I don"t think I am to be counted in any hundred, and so I avoid unpleasant comparisons. I don"t mean to look long for an opening, or an opportunity; I would prefer to make both.
I would begin with the first thing, however small, and do my best with it, and so of every other thing that came, leaving the eminence and places to adjust themselves. I intend to practice law, and, like Kennedy, I don"t mean to fail."
"Mr. Ranney," continued Bart, "what is the reason of this universal failure of law students?"
"I think the estimate of Giddings is large," said Ranney. "but of all the young men who study law, about one half do it with no settled purpose of ever practising, and, of course, don"t. Of those who do intend to practice, one half never really establish themselves in it.
That leaves one fourth of the whole number, who make a serious and determined effort at the bar, and one half of these--one eighth of the whole--succeed; and that brings out about as Giddings estimated."
"Well, on the whole, that is not a discouraging view," said Bart, "and for one, I am obliged to you."
Nevertheless, he pondered the whole matter, and turned to face calmly as he had before, the time when his novitiate should end, and he should actually enter upon his experiment.
"Now, Case, this is a serious matter. A young and utterly unknown man, without money, friends, acquaintances or books, and doubtful whether he has brains, learning and capacity, in some small or large town, attacks the world, throws down his gage--or rather nails it up, in the shape of a tin card, four by twelve inches, with his perfectly obscure name on it. Think of it! Just suppose you have a little back room, up stairs, with a table, two chairs, half a quire of paper, an inkstand, two steel pens, Swan"s Treatise, and the twenty-ninth volume of Ohio Statutes. You would be very busy arranging all this array of things, and would whistle cheerfully till that was accomplished, and then you would grow sad, and sit down to wait and think--"
"Of the rich Judge"s beautiful daughter," broke in Case.
"And wait," continued Bart.
"Oh, Bart! I glory in your pluck and s.p.u.n.k," said Case, "and I think of your performance as Major Noah said of Adam and Eve: "As touching that first kiss," said he, "I have often thought I would like to have been the man who did it; but the chance was Adam"s.""
"Ridgeley seems to be taken in hand by Miss Giddings," said Kennedy; "that would not be a bad opening for an ambitious man."
"Of the ripe years of twenty-three," put in Case. "The average age would be about right. She has led out one or two of each crop of law students since she was sixteen."