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jury desperately ignorant, or the witnesses perjured, or that the victorious counsel were unprofessional and disingenuous. In such cases. Creuat Jud:ruis Apella!
40. Ardor in debate is often the soul of cloquence, and the greatest charm of orators. When spontaneous and suited to the occasion, it becomes powerful. A sure test of this is when it so alarms a cold, calculate ing and disingenuous opponent, as to induce him to resort to numerous vexatious means of neutralizing its force, when ridicule and sarcasm take the place of argument, wlien the poor device is resorted to of endeavoring to cast the speaker from his well-guarded pirot, by repeated interruptions, or by impressing on the court and jury that his just and well-tempered zeal is but passion, and his earnestness but the exacerbation of constitutional infirmity, when the opponent assumes a patronizing air, and imparts lessons of wisdom and of instruction !
Such opponents I am resolved to disappoint, and on no account will I ever imitate their example. The warm current of my feelings shall be permitted to flow on; the influences of my nature sball receive no check; the ardor and fullness of my words shall not be abatedfor this would be to gratify the unjust wishes of my adversary, and would lessen my useful. ness to my client's cause.
41. In reading to the court or to the jury authorities, records, documents, or other papers, I shall always consider myself as executing a trust, and as such bound to execute di faithfully and honorably. I am resolved, therefore, carefully to abstain from all false or deceptious readings, and from all uncandid omissions of any qualifications of the doc. trines maintained by me, which may be con. tained in the text or in the notes; and I skall ever hold that the obligation extends not only to words, syllables, and letters, but also to the modus legendi. All intentional false emphasis and even intonations in any degree calculated to mislead, are petty impositions on the confidence reposed, and, whilst avoided by myself, shall ever be regarded by me in others as feeble devices of an impoverished mind, or as pregnant evi. dences of a disregard for truth, which justly subjects them to be closely watched in more Important matters.
42. In the examination of witnesses, I shall not forget that perbaps circumstances and not choice have placed them somewbat in my power. Whether so or not, I shall nerer esteem it my privilege to disregard their feelings, or to extort from their evi. dence what, in moments free from embarrassment, they would not testify. Nor will I conclude that they have no regard for truth and even tbe sanctity of an oath, because they use the privilege accorded to others, of chang. ing their language and of explaining their previous declarations. Such captious dealing
with the words and syllables of a witness ought to produce in the mind of an intelll. gent jury only a reverse effect from that de: signed by those who practice such poor devices.
43. I will never enter into any conversation with my opponent's client, relative to his claim or defense, except with the consent and in the presence of his counsel.
44. Should the party just mentioned have no counsel, and my client's interest demand that I should still commune with him, it shall be done in writing only, and no verbal response will be received. And if such person be unable to commune in writing, I will either delay the matter until he employs counsel, or take down in writing his reply in the presence of others; 80 tbat if occasion should make it essential to avail myself of his answer, it may be done through the testimony of others, and not by mine. Even such cases should be regarded as the result of unavoidable necessity, and are to be resorted to only to guard against great risk, the artifices of fraud, or with the hope of obviating litigation.
45. Success in any profession will be much promoted by good address. Even the most cautious and discriminating minds are not exempt from its influence; the wisest judges, the most dispassionate juries, and the most wary opponents being made thereby, at least, more willing auditors—and this, of itself, is a valuable end. But wbilst address is deservedly prized, and merits the highest cultivation, I fully concur in sentiment with a high authority, that we should be "respect. ful without meanness, easy without too much familiarity, genteel without affectation, and insinuating without any art or design."
46. Notbing is more unfriendly to the art of pleasing than morbid timidity (bashfulness—mauvaise honte).
All life teems with examples of its prejudi. cial influence, showing that the art of rising in life has no greater enemy than this nervous and senseless defect of education. Selfpossession, calmness, steady assurance, intrepidity—are all perfectly consistent with the most amiable modesty, and none but vulgar and illiterate minds are prone to attribute to presumptuous assurance the appa rently cool and unconcerned exertions of young men at the bar. A great connoisseur in such matters says that "what is done under concern and embarrassinent is sure to be ill done”; and the judge (I have known some) who can scowl on the early endeavors of the youthful advocate who has fortified himself with resolution, must be a man poor in the knowledge of human character, and, perhaps, still
so in good feelings. Wbilst, therefore, I shall ever cherish these opinions, I hold myself bound to distinguish the arrogant, noisy, shallow, and dictatorial impudence of some, from the gentle, though
firm and manly, confidence of others—they who bear the white banner of modesty, fring. ed with resolution.
47. All reasoning should be regarded as a philosophical process-its object being conviction by certain known and legitimate
No one ought to be expected to be convinced by loud words, dogmatic assertions, assumption of superior knowledge, sarcasm, invective; but by gentleness, sound ideas, cautiously expressed by sincerity, by ardor without extravasation. The minds and hearts of those we address are apt to be closed when the lungs are appealed to, instead of logic; when assertion is relied on more than proof; and when sarcasm and invective supply the place of deliberate reasoning. My resolution, therefore, is to respect courts, Juries, and counsel as assailable only through the medium of logical and just reasoning; and by such appeals to the sympathies of our common nature as are worthy, legitimate, well-timed, and in good taste.
48. The ill success of many at the bar is owing to the fact that their business is not their pleasure. Nothing can be more unfortunate' tban this state of mind. The world is too full of penetration not to perceive it, and much of our discourteous manner to clients, to courts, to juries, and counsel, has its source in this defect. I am, therefore, resolved to cultivate a passion for my profession, or, after a reasonable exertion therein, without success, to abandon it. But I will previously bear in mind, that he who abandons any profession will scarcely find another to suit bim. The defect is in himself. He has not performed his duty, and has failed in resolutions, perbaps often made, to · retrieve lost time. The want of firmness can give no promise of success in any vocation.
49. Avarice is one of the most dangerous and disgusting of vices. Fortunately its presence is oftener found in age than'in youth; for if it be seen as an early feature in our
character it is sure, in the course of a long life, to work a great mass of oppression, and to end in both intellectual and moral desola. tion. Avarice gradually originates erer; species of Indirection. Its offspring is mean. ness; and it contaminates every pure and honorable principle. It cannot consist with honesty scarce a moment without gaining the victory. Should the young practitioner, therefore, on the receipt of the first fruits of his exertions, perceive the slightest mani. festations of this vice, let bim view it ng his most insidious and deadly enemy. Unlese he can then heartily and thoroughly erndicare it, he will find himself, perhaps slowly, but surely, capable of unprofessional, menn, and, finally, dishonest acts which, as they cannot be long concealed, will render him conscious of the loss of character; make him callous to all the nicer feelings; and ultimately so degrade bim, that he consents to live upon arts, from which his talents, acquirements, and original integrity would certainly have rescued him, had he, at the very commener. ment, fortified himself with the resolution to reject all gains save those acquired by the most strictly honorable and professional means. I am, therefore, firmly resolved peres to receive from any one a compensation not justly and honorably my due, and, if fairly received, to place on it no undue roine, to entertain no affection for money, further than as a means of obtaining the goods of life; the art of using money being quite as important for the avoidance of avarice, and the preservation of a pure character, as that of acquiring it.
With the aid of the foregoing resolutions, and the faithful adherence to the following and last one, I hope to attain eminence in my profession, and to leave this world with the merited reputation of having lived aa honest lawyer.
50. Last resolution: I will read the foregoing forty-nine resolutions twice every year during my professional life,