314 MORALS OF THE DIFFERENT PROFESSIONS. [Part V.

the plea of professional necessity avail him, since that necessitycannot exist in an honorable profession.”

2. “ Again, that is a notorious wrong whereby a law, clear andexpress in its correction of a public grievance, is sought to beweakened or evaded. If an offence against such a law be plainto the conscience and understanding of the advocate, can he,consistently with the dictates of integrity, rise up in court to de-fend the culprit ? There are few cases free from doubt ; and itmay be readily conceded, that many causes are defended in apublic court of justice, and necessarily so, by the advocate , (asfor instance when he is assigned the counsel for a party by thecourt,) which would be given up in the closet by the man. Ofthis all men must have been long since well convinced ; and theyhave agreed to justify it, and it may be justified upon thesegrounds, independently of the authority of the court, and of thenature of the lawyer’s public engagements ; to wit, that there isright somewhere, and that there is, also, a greater or less proba-bility of its being on our side. But, in the case I have proposed,there can be no right existing, and integrity must, therefore, beviolated by an attempt at defence.”

“It will be no good plea for the lawyer to urge,” continueshe, “ that if he does not undertake a particular matter of busi-ness, another will ; for thus are the boldest transgressions, notonly against conscience, but against the laws themselves, excus-ed. It will be more rational for him to call to mind, that notonly his own honor, not only the feelings and property of others,but the laws and the community, may be affected. Nor am Ilaying down nice rules of a novel or abstract morality r . Were Iinclined to do this, my observations might be carried much fur-ther ; but they have been confined within a narrow compass, andto very plain cases. Whatever has regard to the spirit of thelaws, I have entirely and purposely omitted, because that can beascertained and settled only in those august tribunals, that are ap-pointed by the law. My wish is to impress upon the minds ofmy readers, a sense of the integrity and honor that do not con-sist in visionary speculation, but that are suited to the useful andimportant purposes of practical life.” *

* Study and Practice of the Law, p. 252-254.