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THE PROFESSION OF THE LAW IN THE UNITED STATES SERVES TO COUNTERPOISE THE DEMOCRACY.
Utility of discriminating the natural Propensities of the Members of the legal Profession.—These Men called upon to act a prominent Part in future Society.—In what Manner the peculiar Pursuits of Lawyers give an aristocratic turn to their Ideas.—Accidental Causes which may check this Tendency.—Ease with which the Aristocracy coalesces with legal Men.—Use of Lawyers to a Despot.—The Profession of the Law constitutes the only aristocratic Element with which the natural Elements of Democracy will combine.—Peculiar Causes which tend to give an aristocratic turn of Mind to the English and American Lawyer.—The Aristocracy of America is on the Bench and at the Bar.—Influence of Lawyers upon American Society.—Their peculiar magisterial Habits affect the Legislature, the Administration, and even the People.
In visiting the Americans and in studying their laws, we perceive that the authority they have intrusted to members of the legal profession, and the influence which these individuals exercise in the government, is the most powerful existing security against the excesses of democracy.
This effect seems to me to result from a general cause which it is useful to investigate, since it may produce analogous consequences elsewhere.
The members of the legal profession have taken an important part in all the vicissitudes of political society in Europe during the last five hundred years. At one time they have been the instruments of those who were invested with political authority, and at another they have succeeded in converting political authorities into their instrument. In the middle ages they afforded a powerful support to the crown; and since that period they have exerted themselves to the utmost to limit the royal prerogative. In England they have contracted a close alliance with the aristocracy; in France they have proved to be the most dangerous enemies of that class. It is my object to inquire whether, under all these circumstances, the members of the legal profession have been swayed by sudden and momentary impulses; or whether they have been impelled by principles which are inherent in their pursuits, and which will always recur in history. I am incited to this investigation by reflecting that this particular class of men will most likely play a prominent part in that order of things to which the events of our time are giving birth.
