Advocacy

“ In well-nigh everything which has made for righteousness in the progress of this great reform, in our remedial laws, in our corrected customs, whether of administration or politics, in the growth of a strong and healthy public opinion, in the quickening of the Nation's sense of right, one who searches will find the influence, direct or indirect, evident or slightly veiled, of his earnest, persistent, and eloquent advocacy, will see the stamp of his work. ”

“ From the earliest, Englishmen have understood that advocacy is necessary to justice, and honesty is essential to advocacy. The thirteenth century Mirrour of Justices may, as modern jurists hold, be a contemptible legal compilation. ”

“ A learned, thoughtful, and dispassionate advocacy of any public question, by a professional politician, would be a rara avis in national life. The inherent strength, reason, and justice of great public questions, are never considered {61} by these nimble gentlemen—in fact, perhaps they never were. ”

“ This needed progress will without doubt be made, and the society will continue with increased zeal its charitable work. It gives to the legislator the benefit of a practical experience in the work, to the child its powerful advocacy in the courts, to justice the impartiality of prudent investigations, to public opinion the assurance of the proper conduct of charitable institutions and an impulse in the direction of improvement. ”

“ The kind of advocacy and teaching which is charged and upon which your verdict must be [p315] reached is not merely a desirability, but a necessity that the Government of the United States be overthrown and destroyed by force and violence, and not merely a propriety, but a duty to overthrow and destroy the Government of the United States by force and violence. ”

“ Nevertheless, to the reader of to-day the views of the man in the street, the common citizen of a bygone age, about the place in the world of the advocate is more precious than many black-letter folios of crabbed juridical learning. ”

“ First Amendment values ride on what we do today. If government can investigate ideas, beliefs, and advocacy at the left end of the spectrum, I see no reason why it may not investigate at any other part of the spectrum. Yet as I read the Constitution, one of its essential purposes was to take government off the backs of people and keep it off. There is the line between action on the one hand and ideas, beliefs, and advocacy on the other. The former is a legitimate sphere for legislation. Ideas, beliefs, and advocacy are beyond the reach of committees, agencies, Congress, and the courts. ”

“ It is, further, the duty of all who are entrusted with the administration of law, in any department whatever, to act in good faith, in all purity and integrity, and in good conscience for the wellbeing and happiness of their fellow-creatures in the administration of justice, truth and judgment; and it should be the aim of all law-makers to consult the best interests of the people from whom they derive authority, or in whose behalf they are called to act. It is the duty of Latter-day Saints, and of all good people to honor all laws and regulations that are ordered for the freedom of all flesh. ”

“ The advocates of society, like the people's advocates, are disciplined in the practice of truth and justice, and if they think that there is anything in the case in favour of the appellant they are honourably bound to state it to the tribunal. ”

“ He will himself be a spirit of judgment to those that sit in judgment; the privy counsellors shall be guided by wisdom and discretion and the judges shall govern by justice and equity. It is a great mercy to any people when those that are called to places of power and public trust are qualified for their places, when those that sit in judgment have a spirit of judgment, a spirit of government. ”

“ He must come to feel toward them somewhat as the lawyer does toward his clients, as the physician feels toward his patients, as the clergyman feels toward his parishioners—the advocate, the friend of the people whose interests are committed to his official action; and, as a member of the government of a friendly republic, I feel toward you that sympathy which comes from a common purpose, from engagement in the same task, from being actuated by the same motive. The work of the legislator is difficult and delicate. ”

“ And therefore I say to you, for I hold it an honor and no disgrace to be a politician, that if you will hear patiently the cause of my dispute with this parson, I will accept your decision in the matter as final. But, heaven save the mark! use your judgment a little, sir, and be not like some of our judges, who seek to please those who promise most, and having little virtue, ask you to accept their good advice in excuse for their evil example. ”

“ O remember that ministers and hearers must stand before God in the great day at his tribunal, therefore, let us act wisely and preach the word in its purity, without distinction, for justice is the true standard and boundary of righteousness which will enable us to render to every man his just clue in time, for tin's kind of virtue will also enable us to comply with all that is good, and will support us in time, with union and brotherly love, and if so, we stand together, but if divided we are sure to tall and great will be the fall, but in the multitude of counsel there is safety. ”

“ The influence, if any, is of a different sort, arising from dignity of life and conduct, abstinence from political contests, exclusive devotion to the advancement of the law, and a firm administration of justice; circumstances, which are felt more by the profession, than they can be expected to be praised by the public. ”

“ If a judge, let him administer justice with equity and from a conscientious principle; if a physician, a lawyer, a soldier, a merchant, or an artisan, let him with all diligence do the works that his hands find to do, not merely for gain, but because it is his duty to serve the public good in that calling by which he can most efficiently do it. ”

“ We want men in law who shall realize that the function of the legal profession is to build up justice and ensphere it in the will of the people. We want men in politics who have a clear conception of what the kingdom of God is, who recognize that the work of legislation and legislators is to think and speak and act for the interests of that kingdom—in the spirit and on the basis of Divine Fatherhood and human brotherhood. ”

“ But, my lords, it is to be observed, that they who so warmly recommend the strictest adherence to justice, seem not fully to understand the duty which they urge. To do justice, my lords, is to act with impartiality, to banish from the mind all regard to personal motives, and to consider every question in its whole extent, without suffering the attention to be restrained to particular circumstances, or the judgment to be obstructed by partial affection. ”

“ This consideration counsels lenity as to persons, such as is demanded by the humane and enlightened spirit of our times, and vigor and firmness in the carrying out of principles, such as is demanded by the national sense of justice and the exigencies of our situation. ”

“ He does it by blessing them with good magistrates and good ministers of state (v. 26) : " I will restore thy judges as at the first, to put the laws in execution against evil-doers, and thy counsellors, to transact public affairs, as at the beginning," either the same persons that had been turned out or others of the same character. [3.] He does it by restoring judgment and righteousness among them (v. 27) , by planting in men's minds principles of justice and governing their lives by those principles. ”

“ So, your Highness, it is your wish that a man whom you openly honor with your confidence, who has a voice in the council, and with whom you deign to share your cares concerning the weal and woe of the state, should appear before a court of justice and a curious public to make confession of his youthful errors? ”

“ The most they can do is to bring to the discharge of their duties a careful and diligent consideration of the particular case, a knowledge and experience of the general condition and business affairs of mankind, to which all are more or less subject, a sound and enlightened judgment, and honest desire to arrive at truth and justice between the parties. ”

“ Yet I can truly aver that, to the best of my ability, I have administered the law as I understood it, and to the ends of suppressing crime and wrong, and upholding virtue, truth and right; aiming to give confidence to honest men, and to confirm in all good citizens love for our country, and a pure trust in her law and magistrates. ”

“ What course we are finally to take, cannot yet be foreseen; but reading, reflecting, and examining for yourselves, you will find your public functionaries, according to the best of their judgments, directing your affairs, without passion or partiality, with a single view to your rights and best interests. And it is the approbation of those who so read, reflect, and examine for themselves, which is so truly consoling to the persons charged with the guidance of your affairs. ”

“ The arms which an Advocate wields he ought to use as a warrior, not as an assassin. He ought to uphold the interests of his clients per fas, but not per nefas. He ought to know how to reconcile the interests of his client with the eternal interests of truth and justice." Act, gentlemen, upon these principles. ”

“ Therefore, reserving to himself the final decision, he distributes the various functions of government among his official counsellors and those from whom new counsellors are to be chosen. He spreads an elaborate network over all the interests and functions of the State, holding the line in his own hand, and drawing or relaxing it at his own pleasure. He is still the lawgiver and the judge, dictating according to his own judgment, and deciding according to his own conviction. ”

“ But there is a correlative duty resting upon the citizen. In his intercourse with those in authority, whether executive or legislative, touching the performance of their functions, he is bound to exhibit truth, frankness, and integrity. ”

“ But here is an advocate without us, in heaven and with the Father. The proper office and business of an advocate is with the judge; with him he pleads the client's cause. The Judge with whom our advocate pleads is the Father, his Father and ours. ”

“ Whatever of life, vigor, force, and power of eloquence the whole of the above qualities, or a wise combination will give; whatever there is in a fair, manly, honest, and impartial administration of justice, under law, to all men at all times,—through these qualities and capabilities given, never deviating; whatever there is in a strong will in the right, governed by tenderness and mercy ”

“ We have persons exalted from the practice of the law, from the place in which they administered high, though subordinate, justice, to a seat here, to enlighten with their knowledge and to strengthen with their votes those principles which have distinguished the courts in which they have presided. ”

“ Upon the most casual examination of the law books we instantly discover that cases declaring a rule of public policy in one year of grace are of very little or no value as authority in ascertaining what is the true rule on the particular subject in another and later year. ”

“ But if those causes that turn upon the civil law are none of your little ones, but often of the utmost importance, what a front must a man have to pretend to be counsel in those causes, without the smallest knowledge of the law? ”

“ My functions as your advocate are at an end. I speak with more than the sincerity of a mere advocate when I express the belief that the case against us has entirely broken down. The cry for reform which has been raised without, is superfluous, inasmuch as we have long been reforming from within, with all needful speed. ”

“ I desire you would receive this man into your favour and good opinion. I believe, if he follow my counsel he will deserve no other but respect from you. Take heed of being sharp, or too easily sharpened by others, against those to whom you can object little but that they square not with you in every opinion concerning religion. If there be any other offence to be charged upon him, that must in a judicial way receive determination.’
[1] [Carlyle, Cromwell’s Letters and Speeches, No. xx.] ”

“ ADVOCATES. I ought to mention that there are advocates selected by the State from amongst the most eloquent and able men, charged specially to bring before the proper tribunals every case where any persons, men or women, think themselves wronged. There are also able men, advocates to represent the interests of society. ”

“ Knowledge of the civil law will, likewise, be necessary for the orator whom we have described, and together with it knowledge of the customs and religion of the commonwealth of which he may take charge, for how shall he be able to give counsel in public and private deliberations if ignorant of the many things which happen together particularly to the establishment of the State? ”

“ Among the nine millions of the proscribed, the tax-gatherer, the magistrate, the law-maker and the priest doubtless see living souls who are to be ruled and made subject to the administration of justice. ”

“ If, while the government is proceeding in a right road according to the constitution, it takes counsel about what is conducive to its interest, it is the part of a man with mind to give to such parties advice ”

“ Threeper the advocate, a gentleman of long standing and great practice in the Parliament House, and much celebrated for his shrewd perception of technical flaws, and clever discrimination of those nicer points of the law that are so often at variance with justice. ”

“ Spiritual privileges do not make void or weaken, but confirm and strengthen, their obligations to civil duties: "Remind them therefore to be subject to principalities and powers and to obey magistrates." And, 2. To be ready to every good work. Some refer this to such good works as are required by magistrates and within their sphere: "Whatever tends to good order, and to promote and secure public tranquility and peace, be not backward, but ready, to promote such things." ”