1 AUGUST 1829, Page 13

MONOPOLIES—THE BAR.

()see upon a time, says a fable, an ass had been so long accustomed to his falters, hat he considered theta a part of himself. The heavier he was laden, the better (le was pleased; the greater the burden, the more he imagined his conse- quence increased ; and when scarcely able to totter under his load, he would prick up his ears, elevate his head, and put on as dignified an air as it is in the nature of an ass to assume. Nay, so high did he carry this fancy, that once, when a philanthropic monkey, pitying bins for the grievous load he had to carry, ad- vanced to ease him of his burden, the long.eared animal, raising his heels (which his load rendered no light effort) dealt pug such a kick as eflectually cured him of tendering his service to asses.

The country is exactly like this ass. Monopolies of all kinds are pressing like a legion of incubi upon it, restricting its industry and checking its enterprise. Charters, customs, and by-laws—corporate privileges, prescriptive rights, and all the other names by which naked abuses obtain a sort of " cover nse decently"— meet the adventurer at every turn, beginning with taxing his time and his patience, and ending with a demand upon his purse. Yet, if any one proposes the abroga- tion of the most absurd of these monopolies, as great an outcry is raised about the destruction of royal charters or venerable institutions (which have lung since out- lived their utility, and only exist as positive nuisances), as there was a short time since about the breaking in upon the constitution, The slightest attempt to

abolish a privilege which a few "fat and greasy 'Citizens" exercise at the expense of the community is resisted—even by those who suffer from it—as if it were an attempt to dismember the empire; and a man who endeavours to abolish a two- penny toll is pointed at as an enemy to the institutions of his country.

But, however vexatious or expensive the majority of these vested interests may be, they act rather as checks and restrictions than as absolute interdicts. A man who has capital- to open a shop in Cheapside, may spare money to purchase his freedom e and if there be smaller corporations insensible to the charms of cur- rent cash, he can take his wares and his industry to places where the privileged societies are numerous. But there is one venerable institution (for the four in this respect are one), whose monopoly, and that in a matter of vital interest to the public and the state, extends without rivalry or control over the whole Eng- lish dominions. It will be readily perceived, by those who have thought at all upon the subject, that I allude to the Benchers of the Inns of Court. To enable the general reader to comprehend the full extent of their power, it may be necessary to state the process by which any one is called to the bar. The fist step to be taken by a candidate, is to enter himself a student of one of the four Inns of Court ; which is done by going through certain forms, anti paying certain fees. He must then dine at a certain place, upon certain days, for twenty terms (unless he should have taken a degree of Bachelor of Laws at Oxford or Cambridge, when twelve terms will suffice); after which, he is qualified to be called to the hale And to all this nothing (except its otter uselessness) can be objected. But although these proceedings usually take place is a matter of course, it is in the power of a self-elected and irresponsible body to reject whom- sorer they please, applying for admission either as a student or as a barrister. In other words, they may blight the prospects and stineitize the character of any individual, without assigning any reason for their decision, without any appeal from their decree.

It is obvious that no good reason can he given for the existence of a power like this. In practice it contributes neither to the efficiency nor the respectability of the bar, though if it secured both it would still be objectionable. If the Legisla- ture choose to give to a certain body of men the power of pleading or of per- mitting others to plead in wigs and gowns, it does perhaps what is not strictly equitable; but the hardship is not very great, if the expelled, or those who choose not to hazard the risk of expulsion, may harangue without. If any body of men like to club together, they have a tight to all the advautages such clubbing gives, and to blackball whomsoever they please; but they have not a shadow of right to declare that no other club shall exist in the kingdom.

Putting aside, however, the impropriety of such a power being exercised by any one, it is clear it can never be properly exercised—least ofallhy the powers who hold it. The Bendier.; consist of the oldest and nvist eminent barristers; the latter of whom, from the multiplicity of their engagements, can rarely take any part in the proceedings; and it may reasonably he doubted whether " the must meddling and officious and least conscious of their age" are proper persons to exercise any kind of power, in the able management of which the interests of many are concerned. But the fact is, the task of instituting inquii ies into the private character of every individual applying for admission, is so invidious, and would be so onerous, that it is rarely or never done. Admission is granteit aenatter of course, save where personal pique, or private malignity, olptiVe enmity intervene; in other words, the power of rejection is scarcely eQr eXer- cised from good—rarely perhaps without the presence, and never without the suspicion, of unworthy motives.

Of the conduct of the Bcnchers it is perhaps not necessary to speak ; yet it will be found that they have generally acted as it is the nature of such bodies to act. They have left undone those things which they ought to have done, and have done those timings which they ought not to have (lode. They are mischievous alike in action and repose. Not many years ago, the Legislature was compelled to interfere to restrain their vexatious and tyrannical proceedings; and the ex-

pression of an intention, as liberal as it was just, obliged the whole body of at- tornies to combine against them, and, in tile language of Mr. 1). W. Harvey, "by withholding their briefs and their fees, to starve the wretches into submission."

It may he a question, perhaps, how far the present system of compelling it man

(in certain courts) either to plead himself, or to employ a barrister, may be ex- pedient ; 5 but about its abstract right there can he uone. There are, however, grounds for hope that these and many other abuses and monopolies are now re-

duced to a question of thin; and will ere long be restrained or destroyed altoge- ther. The Catholic question, great as was its importance, was not so important in itself as in its consequences. It is not the dawn itself which is so eheeriue, as

its promise of the day which is about to follow. w.

* One proof against any practical necessity existing, is the fact. that any one is allowed in the lower courts to appear for the parties. It is only when the amount of the fees becomes an object, that the pleading is restricted to the bar.