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require no investigation, such as bringing a Common Action, would be commenced by the Attorney, without seeing the Counsellor, unless there was a special request made in the matter.

1062. So that the Attorney is nominated and employed by the Counsel ? -Yes; he generally belongs to his office.

1063. And generally speaking, there is a partnership, is there not? -Yes. The moment the business becomes sufficiently important to justify the taking in a partner, the Counsel takes in this man whom he has employed as Attorney, or some one else, as his partner, and he does the ordinary business of the office, while the other goes into Court.

1064. Are there men of considerahle eminence, such as the late Mr. Webster, who never act in any other way than as Counsel ?—Yes.

1065. Practically, in all important cases, there is the same division of labour between the Counsel and the Attorney in the United States as exists in this country?-Exactly so; but it is rendered so by circumstances. If you go into States which are new, where the population is spare, there are few Lawsuits, and the Counsel will sit in his office half the day, and talk with a Client, for he has nothing else to do; of course, in that case, he needs no Attorney.

1066. Is not the effect of this system, that in all simple Causes, only one agent is employed ?—Yes.

1067. Therefore it is much cheaper in practice than the system pursued in this country, of having two agents in every case?—Yes; this is certainly true.

The gradual separation brought about by nature has none of the bad effects of our arbitrary separation enforced by law. If you employed a firm, one partner in which was a barrister and one an attorney, you could scold both partners if you lost; you could talk of it in their district, and so they would not like you to lose. But in England now you are in "counsel's" hands, and you cannot hurt him though he ruin you.

We should have better barristers too. Now a man cannot go to the Bar except he has some peculiar "connection," or unless he has money enough to keep him in idleness for years. But if he could practise on small attorneys' work, he might live till he made his talents known. And we should have infinitely better attorneys, for they would have a career and a future before them which now they have not. It is very hard that the want of a few hundred pounds should by law degrade a man for life, and very bad for the public that the highest energies of the sort of lawyers the public see most of should be for ever

depressed by a despotic and unnecessary obstacle.

But I do

not care much about the legal profession; at least I cannot so much care; my principal anxiety is for the clients and the public. And because these artificial hedges cramp and hurt them, I hope soon to see them swept away.

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THE late Lord Clarendon belonged to remarkable class of peers. There are lawyers, who have no birth, but who youth; and there are also many who h and have never worked the least. The earned rank, and many who have inher rare to find a peer who inherits his ra known what it is to earn his bread. perhaps hardly more than one now living Lord Salisbury has indeed a right to fe cannot ruin him, that a revolution may of Lords may perish, that estates may be his abilities as a popular writer will earn did before. Though in a different way L this class also. When he was in the Ex and all through his younger life, there wa ability of his coming to the title; and h for his bread. And the training of his y use to him always. To the week of his ously unremitting worker. With somewh times, he got through more work probab hours than most administrators of his time, care and accuracy. There were none of the and hurried errors which mostly characte who is much praised for great activity; fully considered and carefully executed.

least, would have ever thought him a specially active man. He seemed a very calm, sensible, and singularly courteous old gentleman; and it would scarcely have occurred to a casual observer that he was an exceedingly indefatigable worker. But those who have watched the habits of men of business in politics and out of it will have seen many cases in which a still and quiet man who does not seem to be doing much, and probably is talking of something quite different, has in matter of fact and at the week's end accomplished much more than the "rushing mighty wind," the very energetic man who is never idle or at rest and who has no thought but his office business. A still man like Lord Clarendon has time to think what he will do, and most incessant men are apt to act before they have thought, and therefore land where they should not, or else lose half their time in sailing back again.

It was, perhaps, the result of Lord Clarendon's early training that he always took great interest in commerce, and whenever he had the power, steadily used the agency of the Foreign Office for its advantage. He was much too thoroughly on a level with his time to do this by an aggressive foreign policy. The old notion of fighting for foreign markets, or of intriguing for their exclusive use, had so completely died out that he cannot be praised for being exempt from it. Lord Clarendon used only the legitimate functions for trade purposes. He was especially eager for the collection of actual statistical information by our foreign consuls and embassies. The commencement of their reports on these subjects, and the establishment of the statistical department of the Board of Trade, were largely owing to his great interest in these objects.

That Lord Clarendon showed great originality as a Foreign Minister will hardly be contended; and some, among whom the present writer is to be counted, have grave doubts whether extreme originality in such an office is either possible or desirable. Examples of great inventiveness are rare in all business, but they are particularly rare in those kinds of business which require the constant consent of many persons-and of these the English foreign policy is one. Not, indeed, that at the moment of taking his decision, the Foreign Minister is

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particularly trammelled. In great ca Prime Minister and perhaps the Cabi by themselves, having the power of could probably mostly carry with him pied with near and pressing questions, to master disagreeable and uncertain d and strange events. But the great the English nation. In a free country that which the nation is prepared for, a the nation will disown him. Within minor questions, he can give an effectu the decision; but beyond those limits, has no power at all. The subtle power w which is the product of so long a hist so many causes, hems him in, and he but if he stays, he must act as he wo far-seeing originality is commonly a vi Foreign Minister it would be an intoler exactly because Lord Clarendon had a limits of his power, that he was so tru influential.

In one respect we are not inclined praise which within the last few days 1 ceived. He has been greatly praised as he wrote not only with great facility b But there is one great difficulty about al Each sentence is clear, and no word bri yet after a few paragraphs a careful rea think where he is and what he has a when he reads the paragraphs over aga find it easy to be sure that he sees t meant and the limits of what was not m of delicate words takes him steadily on; cise instant he is, he cannot be very conf intercourse of foreign Courts this sort

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