xistence of a
fellow-creature might hinge!
If then the criminal court needs so strongly the introduction
of counsel, the court of civil judicature is equally in want of
similar aid, where subjects of the most complicated nature are
frequently brought for decision, and where the difficulty of
deciding correctly is almost, if not totally, insuperable.
Considerable sums here depend upon the issue of a question, of
the nature of which no one present is qualified to judge; and an
appeal from the decision which ensues is frequently made to the
governor, who is thus left singly to decide what has caused so
much difficulty to a whole court!
The utility, nay the necessity, then, of a professional
assistant in these cases, must surely be evident to every one,
and without such aid it is not possible that justice can be
impartially administered. The ignorance of many suitors, even men
of great opulence and respectability, is so deplorable that they
cannot make you comprehend their own case, when called upon to
state their grievance; but the possibility of having their cause
pleaded by a counsellor would not only save the court itself a
serious loss of time and a considerable degree of perplexity, but
must surely lead to a more correct decision in cases of
difficulty. By these means the discontent which now universally
displays itself in the person who has lost the cause, would be
completely done away, and he could no longer attribute his defeat
to the partiality of the judges, when he should have experienced
the full benefit which he might derive from a communication with,
and the able aid of, a legal adviser. If two, three, or more
barristers, could be induced to depart for the colony merely as
private settlers, receiving from government a free passage;
victualling from the stores for themselves, families, and
servants; and every other indulgence which is usually granted to
settlers, there could be no doubt that they would soon find their
endeavours successful; and the allowance of government, with the
emoluments which they would derive from their practice, which
might safely be calculated at 200L. or 300L. per
annum; having a farm allowed them to cultivate, would render
their situations not only comfortable, but eminently respectable;
and their introduction would be attended with no extraordinary
expense to government, beyond what is generally allowed to
settlers in the colony. To encourage gentlemen of education and
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