Page:The Green Bag (1889–1914), Volume 07.pdf/466

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The Ethics of Law.

429

there, of the law's executors, whether dimmed that looked far into the future, of clothed with the ermine or holding the brief, hopes that bounded and thrilled, each took cannot modify or shade these rules any more the simple, solemn formula as his rule of professional life : '• I do solemnly swear that than crime can spot the law, or the impris oned or executed murderer abrogate social I will support the Constitution of the United States and of the State of Ohio, and that I will rights. It is germane to the subject to say, no honestly and faithfully demean myself as an matter whose the original " happy thought " attorney and counselor at law in these which this occasion bodies forth — a living courts," he adopted, in few words, the code reality — he was thinking for the good of of ethics which the oath of the Genevan his fellows, of his clients, of his city, of Advocate makes binding on the conscience the commonwealth — discharging duty, the through the professional duties of each day measure of all true ethics, and, unknown until the final sunset. though he may be, he has, for one, my sin It is an epitome which never loses its in cere thanks. terest or its eloquence. It is said that whenever a salt spring "I solemnly swear before Almighty God breaks out at a distance from the ocean, to be faithful to the Republic, and the Can its vicinity immediately abounds with salt ton of Geneva; never to depart from the plants, although none ever grew there respect due to the tribunals and authorities; never to counsel or maintain a cause which before. In some regions, when the spruce pine does not appear to be just or equitable, and the white birch are destroyed, poplars unless it be the defense of an accused per spring up instead, though none were ever son; never to employ, knowingly, for the seen there before; where the fires sweep purpose of maintaining the cause confided away the original wood, the new saplings to me, any means contrary to truth; and are often of wholly different species. It never to seek to mislead the judges by any would be well to nurture this new growth artifice or false statement of fact or law; to which comes out of soil o'erswept by the abstain from all offensive personality, and vivifying heat of that " happy thought." to advance no fact contrary to the honor or Usage and some respectable authority reputation of the parties, if it be not indis recognize " bad ethics," but there is an pensable to the cause with which I may be anachronism, or better, a solecism in the charged; not to encourage either the com phrase. It is the inversion, in a sense, of mencement or continuance of a suit from the sentiment of a waggish cynic of fifty any motive of passion or interest; not to reject for any consideration personal to my years ago, who described some of his neigh self the cause of the weak, the stranger, or bors as " religious devils." The ethics of the law are presumptively the oppressed." good, and therefore, the other kind goes "Clear, stern, lofty language "; it has in over the garden wall. it the square and compass, the plummet and Divorced from the members of the pro anchor of the truest, purest legal ethics. fession, the ethics of law would be a dried The gifted Duffield said : " It has in it the "barren ideality." sacred savor of Divine inspiration, and When with uplifted hand, in the days of sounds almost like a restored reading from supple body, of youthful face, of eyes un- Sinai's original, but broken tablets."