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i34 CORRESPONDENCE AND PUBLIC PAPERS.
independent, or equal authority in this. Justice as
well as decency forbids that a mayor and four aldermen should constitutionally have a right to refuse
admission to attorneys licensed by the Supreme Court.
Whence is it to be inferred that the judges of the
inferior courts, unless gratified with this novel, unprecedented power, would complain f It is not to be
found among the rights enjoyed by them prior to the
Revolution ; and I must doubt whether, unless within
this fortnight or three weeks, there was a single man
in the State who ever thought of such a thing.
It would be arrogance in them to expect to be
indulged in a right to examine, question, and reject
the judgment of the Supreme Court respecting the
qualifications of attorneys, when that very court is
appointed, among other things, to correct their errors
in all other cases. Nay, in this case the mere will of
these little courts is to be the law; and an attorney
of reputation and eminence in the Supreme Court
is without remedy in case an inferior court should
unjustly refuse to admit him.
According to the present system an attorney must,
if he chooses to have general license, obtain admission
into the Supreme Court, three mayors' courts, thirteen
inferior courts of common pleas for counties, fourteen
courts of sessions for the peace, and the Lord knows
how often or in how many courts of oyer and terminer
and gaol delivery.
Remember that I now predict that this same clause
which thus gives inferior courts uncontrolled and unlimited authority to admit as many attorneys as they
please, will fill every county in the State with a swarm
| Title | The correspondence and public papers of John Jay - 1 |
| Creator | Jay, John |
| Type | Books/Pamphlets |
| Title | 00000165 |
| Type | Books/Pamphlets |
| Transcript | i34 CORRESPONDENCE AND PUBLIC PAPERS. independent, or equal authority in this. Justice as well as decency forbids that a mayor and four aldermen should constitutionally have a right to refuse admission to attorneys licensed by the Supreme Court. Whence is it to be inferred that the judges of the inferior courts, unless gratified with this novel, unprecedented power, would complain f It is not to be found among the rights enjoyed by them prior to the Revolution ; and I must doubt whether, unless within this fortnight or three weeks, there was a single man in the State who ever thought of such a thing. It would be arrogance in them to expect to be indulged in a right to examine, question, and reject the judgment of the Supreme Court respecting the qualifications of attorneys, when that very court is appointed, among other things, to correct their errors in all other cases. Nay, in this case the mere will of these little courts is to be the law; and an attorney of reputation and eminence in the Supreme Court is without remedy in case an inferior court should unjustly refuse to admit him. According to the present system an attorney must, if he chooses to have general license, obtain admission into the Supreme Court, three mayors' courts, thirteen inferior courts of common pleas for counties, fourteen courts of sessions for the peace, and the Lord knows how often or in how many courts of oyer and terminer and gaol delivery. Remember that I now predict that this same clause which thus gives inferior courts uncontrolled and unlimited authority to admit as many attorneys as they please, will fill every county in the State with a swarm |
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