THE   BAR  OF   NEW YORK,   1792-1892'

p TOGQUEVILLE, in his great work on the United States,
comments upon the exceptional position occupied by the Bar
in the United States, and concludes that the profession in our
country constitutes an aristocracy. In one sense, probably
the one in which it was intended, the remark is true. In every free
country the Bar constitutes, and necessarily must, an order of unusual
importance. Its function in peace is similar to that of the army in
war, viz.: to defend society and to guard the general welfare.
Whether special privileges are, or are not, conceded in terms to such a
body of men, enlightened opinion must realize its value and rely upon
its service. It is the natural organ by which outraged law protests
against tyranny, whether from above or below; the sentinel and
advance post which signals danger and warns the community of
impending peril. The chosen men who gather around a monarch as
the fountain of honor shine with reflected lustre because of their
proximity to the royal person. So it is with the Bar. Its members
and they alone can serve in the Temple of Justice and see that due
reverence is paid to the only recognized sovereign, the Law. To be
the mouthpiece of that sovereign, to expound his decrees, to stand
firmly by his throne, to protect his dignity, this is no mean function.
Take away the sanction of the Law and nothing is left in Pandora's
box ; least of all Freedom, for Freedom without the Law ceases to be
anything of value. It changes its name and is not worth preserving.
The history of free government shows the truth of this so clearly that
illustration drawn from the past records becomes unnecessary.
Whether an unwholesome transition has not already begun is another
and far different question.

It may be that Plutocracy is gradually displacing the profession of
the Law. There are signs that point in that direction, but thus far
the peril has only been a threat and not a reality. With scarcely an
exception every President of the United States has been a lawyer by
profession; the two candidates now before the people" have been
eminent as members of the Bar; Senators and Representatives are
almost universally trained and reputable lawyers, and if it be true that
a practice has of late years been growing, in remote States, to confer

' Mr. Frederic E. Condert, having been invited by me    and to which we are pleased to give a place in onr
to prepare a paper for this work, sent a copy of this    pages.                                   Eichard H. Clarke.

interesting paper, which had previously been published,        * President Cleveland and General Harrison.
 

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