Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-cjp7w Total loading time: 0 Render date: 2024-06-15T16:34:29.101Z Has data issue: false hasContentIssue false

3 - The Legal Profession: From the Revolution to the Civil War

Published online by Cambridge University Press:  28 November 2008

Michael Grossberg
Affiliation:
Indiana University
Christopher Tomlins
Affiliation:
American Bar Foundation, Chicago
Get access

Summary

The American legal profession matured and came to prominence during the century prior to the Civil War. The profession had entered the Revolutionary era in a somewhat ambiguous state, enjoying increasing social power and political leadership, but subject to withering criticism and suspicion. Its political influence was clear: twenty-five of the fifty-six signers of the Declaration of Independence were trained in law; so were thirty-one of the fifty-five members of the Constitutional Convention in Philadelphia; so were ten of the First Congress’s twenty-five senators and seventeen of its sixty-five representatives. And yet, just three weeks after the signing of the Declaration of Independence, Timothy Dwight – Calvinist, grandson of Jonathan Edwards, soon to be staunch Federalist, tutor at Yale College and, within several decades, its president – delivered a commencement address in New Haven full of foreboding, particularly for those among the graduates who would choose the legal profession. What would await them? Little but “{t}hat meanness, that infernal knavery, which multiplies needless litigations, which retards the operation of justice, which, from court to court, upon the most trifling pretences, postpones trial to glean the last emptyings of a client’s pocket, for unjust fees of everlasting attendance, which artfully twists the meaning of law to the side we espouse, which seizes unwarrantable advantages from the prepossessions, ignorance, interests and prejudices of a jury, you will shun rather than death or infamy.” Dwight prayed that, notwithstanding, “{y}our reasonings will be ever fair and open; your constructions of law candid, your endeavors to procure equitable decisions unremitted.”

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

DeTocqueville, Alexis, Democracy in America (Phillips, Bradley ed., 1945).
Dwight, Timothy, “A Valedictory Address: To the Young Gentlemen, who commenced Bachelors of Arts, at Yale College, July 25th, 1776,” American Magazine (Jan. 1788).Google Scholar
Grayson, P. W., “Vice Unmasked, An Essay: Being A Consideration of the Influence of Law upon the Moral Essence of Man, with other reflections” (New York, 1830).CrossRefGoogle Scholar
Halliday, Terence C., “Six Score Years and Ten: Demographic Transitions in the American Legal Profession, 1850–1960,” Law & Society Review 20 (1986).CrossRefGoogle Scholar
{Higgins, Jesse}, Sampson Against the Philistines16, 27 (1805).
Hoffman, David, A Course of Legal Study (2nd ed., 1836).
Pickpenny, Peter,” “The Art of Pushing into Business, and Making Way in the World,” American Magazine (Jan. 1788).Google Scholar
Robinson, Frederick, “Letter to the Hon. Rufus Choate Containing a Brief Exposure of Law Craft, and Some of the Encroachments of the Bar Upon the Rights and Liberties of the People” (1832).
Shaw, Lemuel, An Address Delivered before the Suffolk Bar, May 1827, extracted inAmerican Jurist and Law Magazine 7 (1832).Google Scholar
Spaulding, Norman W., “The Myth of Civic Republicanism: Interrogating the Ideology of Antebellum Legal Ethics,” Fordham Law Review 71 (2003).Google Scholar
{Tucker, Henry St. George}, Introductory Lecture Delivered by the Professor of Law in the University of Virginia8 (1841).
Webster, Daniel, {Book Review of 1 William Johnson, New York Supreme Court Reports}, The Monthly Anthology 4 (1807).Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×