tation, has in consequence, wrongfully succeeded in the attainment of an unjust, and unworthy object. At the same time that we have known lawyers, and of some eminence, refuse to be engaged in a suit, unwilling to risk their reputations from a certainty of defeat, in acting in conjunction with others of their profession to whom the presiding judges of the court were known to be hostile. Nay, to such an extent does the influence of a friendly feeling or otherwise, existing in the court extend itself, that we were ourselves individually concerned, on behalf of another, or third party, in a chancery suit in one of the most influential States of the Union, when the course, or proceedings to be adopted were suggested and definitively arranged, the bill altered and amended in private chamber by the very judge who was afterwards to adjudicate and pass upon its merits, when before him in open court. We inquired of our solicitor, how such could come to pass, or for an hour to be tolerated amongst any thinking or well-regulated community? and received as our answer, that "His Honour," was in fact indebted to a memorial that had been signed by this individual, as by some others, in placing him in the high official situation which he then occupied, and could not well refuse any return service of this kind, that my informant might at any time choose to exact from him.

CHAPTER V.

Alderman or assistant Justices' courts-Easy mode of recovering small debts-Characteristic scene in an Alderman's court in Philadelphia-Of American Lawyers and AttorneysBoth professions conjoined and held by the same individual— The great inconvenience occasioned thereby to suitors-Litigation in America-Average number of cases usually for trial on the calendar of the principal state courts-Unusual procrastination of suits-Qualification necessary in adopting the legal profession-The character of American lawyers generallyTheir want of all honest principle, with the danger and risk of any man entrusting his affairs to their hands-The late Henry Storrs of New York-David B. Ogden-Hon. G. W. Dallas, with other practitioners at the American bar-The existence of a dangerous legal society in the United States, directed by a Tetrarch or head-Their rules and organization-Their special objects and power-Honourable W. Livingstone, late Minister to France, supposed at their head-Their dangerous influence on American society-Laws for the settlement and regulation of property in the United States-Rights and privileges secured to married females -Laws relating to debtor and creditor-American bankrupt law-English bankrupt law possessing no efficacy in the United States-Facilities given in the United States to sue on behalf of British or Foreign cr ditors-Mode of proceeding in such cases-Insolvent law of the several states-The law of one state inoperative in any other -The efficacy of a judgment recovered in any of the statesForeign judgments received only as evidence, as indebtedness to be otherwise established by due legal process before that execution can issue-Insolvent law in Philadelphia-Its mode of dispensation exemplified in a remarkable case tried before the Honourable Judge King.

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IF that the higher legal tribunals of the country are distinguished, as well for their profligacy, as for

their general incapacity and unfitness, they are certainly equalled, in this repect, by the inferior, the Alderman or assistant Justices' court of each state; amounting to several hundreds, and instituted for the purpose of securing to the creditor, a cheap and speedy mode of recovering small debts; varying in amount from the smallest sum, to fifty dollars, and in some instances to one hundred. They are generally, in the larger populous cities, in daily session; and were, no doubt, originally intended to answer the same purposes as our municipal, quarter sessions, or civil bill courts; though generally exempt from the control and inconvenient restraint of jury trial. The presiding officers are usually taken from the humbler walks of the legal profession, and are humble in talent and all useful informationfrequently in morals, and always in the extent of their legal acquirements. It matters very little in any of these tribunals, on whose side, plaintiff or defendant, the weight of evidence, justice, or truth preponderates; judgment being awarded in nineteen cases out of twenty, in favour of the plaintiff; who in the language of a late talented writer"retires with the consciousness of having gained profits and advantages by his superior cunning, and the vanquished, with the disgusting and demoralising conviction, that a tribunal of his country has allowed injustice to be done him."

The following characteristic scene is said to have actually taken place in the office or court-room of Alderman B-s, of the staid city of Philadelphia,

CHARACTERISTIC SCENE.

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and in a case then before him, wherein the plaintiff claimed a considerable sum for goods sold and delivered; but produced no vouchers, nor examined any witnesses in support of his demand. We will not undertake to vouch its absolute authenticity, whilst we readily give the statement as affording a fair specimen of--" Justice of the Peace law" in America.

After the cause of action had been stated, the following dialogue is reported to have taken place between the Justice and Counsellor N--s, of the Philadelphia bar, who represented the defendant.

Justice B-s." Well, Mr. N-s, what has your client to say in this matter?"

Counsel." Certainly nothing, Sir; it can hardly be deemed incumbent on him to resist a claim wholly unsupported by testimony."

Justice B-s." What, Sir-do you imagine that a man would have the boldness to sue another before me, without some ground of complaint? the thing is impossible. It behoves the defendant, therefore, to prove that the plaintiff was in the wrong, and in the absence of such proof, the conclusion of law is against him."

Counsel." But may it please your worship, it is both illogical, and illegal, to call upon me to establish a negative."

Justice Bs." I call upon you to do no such thing. It is a clear affirmative, viz. that the debt is paid. Every plaintiff has a prima facie case,

which must stand good, until something is shewn from the other side to destroy it. I have so decided one hundred times, without exception or appeal. Mr. N-s, judgment must go against you."And judgment went accordingly.

From this, we shall now turn to another branch of the legal profession-the lawyers and attorneys, who, though altogether separate in the nature and character of their respective duties, are nevertheless held conjointly by the same individual. This practice, so opposite to English custom, is generally attended with inconvenience to a suitor in the American law courts; and apart from the increased profits it may bring with it, cannot prove otherwise to the lawyer whom he may select as his professional agent. It is impossible, that in the clashing of the separate duties of counsel and attorney, that require the former to truly and faithfully expound the law according to his judgment, and the facts submitted to him, on the one hand, and the interests and pecuniary inducements of the attorney, to increase and add to the number and amount of his bill of costs, on the other-to which his duty as an advocate is often made to give way-the interest of the client. can possibly be preserved, or at least properly attended to; but that a plaintiff is frequently compelled, against his interest and better sense, to go into court, either as a complainant, or other ise, to defend some unprofitable law-suit, merely to promote some sinister views of some corrupt or dishonest