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exceptions to the usual destiny of the sex, and these exceptions, when analysed, serving to confirm the general rule. They were not thrown into the vulgar strife and competition of honor, which necessarily pervade the ranks of ordinary life. They did not have to run the career of arms as the road to power. And the condition of a great prince in the countries of Christendom is rather that of one representing sovereignty, than of one actually exercising it; since all the labor and responsibility and personal danger devolve on ministers and generals holding the delegated powers of government. Aurelius, it is said, contemplated the establishment of a female senate. liogabalus actually did organize one under the presidency of his mother; but Elius Lanfirdius who tells the tale, says the members chiefly occupied themselves with points of etiquette, of regulation of dress, and other like feminine mysteries of state. And whether the story of the Amazons be authentic history, or only a cunningly devised fable, it presents at all events a poor picture of what society would become, if our councils were filled and our armies manned with women, and they rather than men, or equally with men, discharged the external and political duties of society; doing so at the sacrifice of all that delicacy and maternal tenderness, which are among the most appropriate and the highest charms of Woman. Hers be the domain of the moral affections, the empire of the heart, the co-equal sovereignty of intellect, taste, and social refinement; leave the rude commerce of camps and the soul-hardening struggles of political power to the harsher spirit of man, that he may still look up to her as a purer and brighter being, an emanation of some better world, irradiating like a rainbow of hope, the stormy elements of life.

ART. IX. The Legal Profession in England. The Sixth Report of the Common Law Commissioners on the Inns of Court. London. 1834.

THE learned professions have heretofore been very justly held in high estimation in almost every civilized country. They have been regarded as the main pillars of every good government. The services and influence of the members of NO. 91.

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these professions have been deemed of so much consequence in every community, that certain privileges and immunities have often been granted to them in return for certain qualifications required of them; and they have been empaled and protected by the laws to prevent the incalculable mischiefs, which it has been apprehended would inevitably result from a free access and admission of ignorant, base, dishonest, or unworthy men to their ranks. A certain course of education, study, discipline, and probation in science and morals has, from the time of the Roman emperors to the present day, been generally supposed to be essentially necessary for the exercise of these professions, in a manner consistent with the safety and welfare of the public. And we cannot believe that there are many, if there be any, well informed and well intentioned persons, who will dispute the policy of all such restrictive laws and regulations.

There are some, we suppose, who fancy that the state of society, in modern times, has undergone such an entire change, that it is impossible to test the wisdom or utility of any institutions, establishments, laws or regulations, by conclusions drawn from the experience of by-gone ages. Looking with suspicion and distrust upon every thing which has the stamp of antiquity upon it, and guided only by the light of speculative philosophy, we should not much wonder if some of them should even doubt the utility or expediency of the laws and regulations generally adopted in respect to the learned professions, or condemn them as being founded upon too narrow and unfavorable views of human nature, or as obnoxious or unsuitable to the free and equalizing spirit of this enlightened age. We should not think it very inconsistent with their theories, if we should hear such sentiments advanced by some of those whose minds are bewildered with the dreams of human perfectibility, or giddied with extacy in contemplation of the fancied advantages of a universal diffusion of knowledge. Enraptured with the notion that new and extraordinary light has suddenly and marvellously burst in upon this hitherto benighted world; that the "march of intellect" immeasurably surpasses that of all former times,—and that the common sense of the present day soars far above all the erudition of those who have preceded us; some of these speculative philosophers and philanthropists may, for ought we know, be inclined to think that great professional learning, if not objectionable, is of little or no utility, and that, at any rate, public opinion will very well supply the place of tests and probatory and precautionary laws and regulations.

But there is another much more dangerous class of persons, not so remarkable for their philosophy or philanthropy as for their ambition and selfishness, who, to accomplish their base purposes are constantly flattering the people by pretending, that although wisdom formerly dispensed her favors sparingly among a few choice spirits, she now pours forth her treasures bountifully, gratuitously, and indiscriminately to all orders of men; that the mere glance of intuition of the unlearned at the present day penetrates much farther than the plodding lucubrations of the closet before could possibly reach; that, in fact, knowledge, judgment and skill, which were formerly matured only by a long course of study and practice, now shoot up spontaneously, and arrive at the highest perfection without cultivation; and that the tradesman and the artificer may now grasp at one clutch the utmost extremities of useful science, sound all the depths and mysteries of jurisprudence, physic, and theology, important to be known, and comprehend and discharge with sufficient ability the high and important functions of legislation and government by the force of their native genius, aided only occasionally by such information as they can pick up in the intervals of their daily business, "between the blows of the hammer and the strokes of the saw."

These are popular doctrines, which will of course receive the support of every pettyfogger, quack and sciolist in the community, and which under a popular government like ours, it requires but very little effort to enforce. It is not a matter of surprise, therefore, that the jealous and inquisitorial spirit of the times, awakened by the harangues of these sycophants of the people, should look with a malicious eye upon the pretensions of the learned professions, and doubt, or even more than doubt, the policy or expediency of affording to them any countenance or encouragement. The privileges and immunities which have heretofore been wisely granted to them, may be easily mistaken for odious monopolies; and the restrictions against free admission may as easily be mistaken for encroachments on the rights. and liberties of the people.

Having sat down under these circumstances to give our readers some account of the state of the profession of the law in that country from which we have derived the greater part of our jurisprudence, we have more than once stayed our hand in apprehension of the unfavorable reception with w hich such an article

might probably meet. But as professional qualifications have very recently been the subject of discussion in the legislature of Massachusetts and elsewhere, and as erroneous opinions seem to prevail among the people, particularly in regard to the qualifications necessary for the profession of the law, strengthened perhaps by an imperfect view of the proceedings of the English Parliament in relation to the same subject, we have concluded on the whole, that it is not an unfit time to lay such account before our readers, accompanied with such remarks, as may incidentally occur, relative to the state of the profession elsewhere.

The Report of the Common Law Commissioners, referred to at the head of this article, was made in consequence of certain proceedings upon the motion of one Daniel Whittle. Harvey, in the House of Commons, about four years ago, that an address might be presented to his Majesty, praying him to direct the Common Law Commissioners to examine into the course of proceeding before the benchers and visitors of Lincoln's Inn, the Inner Temple, the Middle Temple, and Gray's Inn, upon application of persons seeking to become students thereof, or to be called to the bar, and to report thereon. Mr. Harvey had previously made an unsuccessful motion for leave to bring in a "bill to give power to the Court of King's Bench, in certain cases, to compel the benchers of the four Inns of Court to admit parties as students and also as barristers at law." He had formerly been a solicitor, and had made several attempts without success, to gain admission to practise as a barrister at law. Very serious objections, affecting his private character, were made against his admission to the degree of barrister. The charges made against him, appear to have been confirmed by the court and jury, in several cases, and he was rejected by the unanimous decision of all the benchers; and their decision upon appeal to the twelve judges as visitors was, after hearing Mr. Harvey, and upon his own statement of his case, confirmed. Exasperation against the profession, and a determination, with his influence and that of his friends in the House, which was not inconsiderable, to obtain a rehearing of his case, or at any rate, to bring his case before the House, was, therefore, undoubtedly the cause of these motions. But the report of the Common Law Commissioners was not at all satisfactory to Mr. Harvey and his friends. And, therefore, about two years ago, the subject was again agitated in the House, on the motion

of Mr. O'Connell, for the appointment of a select committee, to examine and report in like manner as the Common Law Commissioners had been directed to do. Finding, after some discussion, that the House were not disposed to make any further examination into the proceedings and practice of the Inns of Court in general, Mr. O'Connell consented to an amendment of his motion, so that it might relate, only to the appointment of a select committee, to examine into Mr. Harvey's own particular case. And the motion so amended prevailed. We are not aware that any further or other proceedings having been recently had in the English Parliament respecting the Inns of Court, or the profession.

The members of the profession of the law in England, as in most European countries, are formed into different and distinct classes, each of which performs a distinct part of the labors of the profession. And for each of these classes a different course of study and education is requisite. In the Courts of Common Law all the subordinate labors of the profession are performed by persons who are denominated attorneys. The attorney acts as a sort of agent of the party, in conducting his law business, and holds all the correspondence with him. He is a middle man between the barrister and the client. He obtains advice for him in cases of doubt, or difficulty, draws contracts and instruments for him in ordinary cases, and causes instruments of conveyance and other instruments, to be drawn for him by conveyancers in difficult cases, and attends the execution of them. He makes his client's demands upon debtors; commences his suits when plaintiff, and enters an appearance for him when defendant; watches the progress of his suits or cases, attends the prosecution or defence of them to final judgment; obtains advice respecting the proceedings when necessary, in every stage of their progress; gives the requisite notices; procures the pleadings to be drawn and motions to be made; collects, arranges and prepares the evidence for the trial; and employs barristers to argue the case to the jury, and when necessary, to the court. His office is highly respectable and often lucrative, but in rank and dignity far below that of the barrister. Labors of a similar kind in the courts of equity are performed by persons denominated solicitors. Formerly, the offices of attorney and solicitor were entirely distinct, but in later times they have been usually discharged by the same person, who is admitted to practice both as at