Dr. Johnson on Law and Lawyers.

of communication he has the advantage of his adversary, it is an advantage to which he is entitled. There must always be some ad vantage on one side or the other, and it is better that advantage should be had by tal ents than by chance. If lawyers were to undertake no causes till they were sure they were just, a man might be precluded alto gether from a trial of his claim, though were it judicially examined it might be found a very just claim. Boswell feared that the affectation of warmth in a client's cause might produce habitual dissimulation. "Why, no, sir, a man who is paid to tum ble — the metaphor is not flattering to the lawyer — will not go on tumbling when he is not to be paid for it." Lawyers cultivate the diffuser graces of rhetoric. They are sometimes accused even of garrulity. " It is unjust, sir," said John son, " to censure lawyers for multiplying words when they argue. It is often neces sary for them to multiply words." "This" (he said, referring to some point) "you must enlarge on when speaking to the committee [of the House of Commons]. You must not argue there as if you were arguing in the schools. Close reasoning will not fix

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their attention. You must say the same thing over and over again in different words. If you say it but once they miss it in a mo ment of inattention." On many other legal questions, on entail, on Sunday consultations, on reports of cases, the Doctor's opinions are wise and weighty. No one was more rapid in detecting a fallacy or more ruthless in exposing it. " I repeated to him," says Boswell, "an argument of a lady of my acquaintance who maintained that her husband having been guilty of numberless infidelities released her from her conjugal obligations because they were re ciprocal." Johnson : " This is miserable stuff, sir. To the contract of marriage, besides the man and wife, there is a third party — society — and if it be considered as a vow, God; and therefore it cannot be dissolved by that con sent alone. Laws are not made for particu lar cases, but for men in general." This is a truth too often forgotten, espe cially in matrimonial squabbles. Boswell urged that the lady did not want a dissolution, but only license for her gallantries. "This lady friend of yours, sir," said John son, " seems very fit for a ."

LAW JOURNAL.