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About Hesperian student / (Lincoln [Neb.]) 1872-1885 | View Entire Issue (Feb. 1, 1881)
THE HESPERIAN STUDEN T. sportsmen hunting throughout Irish fields. The introduction of this bill plain, ly foreshadowed the friendly policy prob ably to bo pursued by the Gladstone gov ernment; but the measure was fought in the House of Commons by Parnell him self, because it did not Include, at once, nil that ho claimed as reparation for his country's wrongs. Yet, by reason of the Liberal majority, the bill passed the Com tnons; but when St. came before the Con servative House of Lqrds it was over whelmingly deleatcd by the nobility, who made no secret of their bitter hostility to Ireland. By this time, at most, the Irish leaders should have been able to dis tinguish friends from 1'des, and to com bine with the Liberal party in securing all possible modification of the existing land laws. Such a policy, though no accomplishing in a day or in a year all that Ireland might wish, would un doubtcdly have pluccd her on a compara tively just and comfortable footing. In ntead of this, however, while Gladstone is trying to extricate his nation from the many dilliculties into which siic had been led by Boaconsflcld, he is suddenly con. fronted with this Irish problem, perplex ing enough at any time, but doubly so at such a crisis, when all his attention and all his energies were needed elsewhere. Wc would not for an instant claim that the present Irish agitation has not a just cause; but certain it is, that, coming just at a time when it might receive a satisfac tory and peaceable settlement it only retards the beuellts it strives to procure and forces u naturally friendly govern, raent to use coercion in keeping down disorder and rebellion. Alieady forty thousand British troops have been sent in to Ireland to keep the pence, that all tho Empire may understand that even Glad stone is determined to protect the life and properly of every subject to tho realm. At the same lime, however, he holds out to Ireland an olive branch of peace, which throws on her the responsibility of after consequences, should she reject it. He has framed a new bill for her relief, grant, ing all that his party will allow, and now he will present it to the Commons. Thus the matter stands, and the end cau only bo conjectured. Exactly what the now government bill contains, and whether or not Parnell and his followers will accept it, yet remains to be seen. "Whatever be tho circumstances, may the result not bo the further oppression or Ireland for another century. r. IS THE All A CONSERTATIVE ELEMENT. JJTN discussing this question it will be $to necessary to dwell a good deal on the bar as an "aristocracy," Bince writers have linked the two questions pretty closely to. gothor, namely, whether the bar is an ar istocracy, and whether it is a conserva tive element. Do Tocqucvlllc in his "Democracy in America'1 argues that the profession of law does form an aristocracy, and there fore is a conservative clement. Of course If tho bar is an "aristocracy" it follows that it is conservative. But granting that an aristocracy is always conservative it does not follow that conservatism is al ways an aristocracy. I bollcvn that the bar Is conservative In its tendency in this country, but not because It is our -aristocracy ," for w have no arisislocracy. Perhaps it may seem presumption on my part to take this ground, since so ex cellent and distinguished a writter as De Tocqueville lias maintained the contrary I say has maintained, because I believe if Do Tocqueville were living to-day his po sition in ill is regm-d would be dillercnt Doubtless, when De Tocqueville wrote, the bar as it then existed was inclined to be aristocratic since its representatives sprung from a like element in Europe. Forms ol that aristocracy may have exist- ed when Do Tocqueville visited America. But whatever pretensions the bar may hare had to an aristocracy, it was on the whole a poor aristocracy, in fact none at all. With a profession having many of tho attributes of an old world aristocracy, it is not to bo wondered at, that Do Tocqueville, himself a foreigner, should call the bar in the States an aristocracy. It seems to me that De Tocqueville in a de gree at least regarded aristocray and con scrvalism as synonymous. Moreover his own reasoning proves very clearly that they are not synonymous. But if the bar is not an aristocracy, is it yet a conservative element? Setting aside the idea of an aristocracy, De Tocqueville advances many arguments to prove that the Inr is conservative arguments which are conclusive. He truly says that "men who have made a special study of the law derive certain habits of order, a tnste for formality, a kind of instinctive regard for the connection of ideas which naturally render them very hostile to the revolution ary spirit, and tho unrellectlug passsious of the multitude.' Wc see tho truth of this almost daily. No matter In what capacity a lawyer may be found, he carries with him the formal, itics of Ills profession. No one is affected more by change than the lawyer. Hence when he once becomes well grounded in any order of things, naturally he is hos tile to revolution. Again DeTocqviville says: "When the people arc intoxicated by passion or carried away by the impetuos ity of their ideas, they arc chocked and stopped by the almost invincible influence of their legal couucellors." This is evidently true. When the people are ag itated by any question, they naturally lly to their legal advisers. Of course they are discouraged in any disorderly or illegal conduct. As counsellor of tho law it would be very bad policy for them to exert their influence in any direction oilier than to uphold the law. If other wise ho would do an Injury to his pro fession and to himself. If an attorney should advise his client to persist in any revolutionary tendency, and then it -were to transpire that tho case was defeated 1 doubt whether that attorney would bo cm- ployed soon again.' Naturally all questions of tho public re solve themselves into legal questions in one form or another. Hence as the bar not only from habit and education, but from policy oppose sweeping changes, it follows that it 1b essentially conservative. It cannot bo otherwise. The 8y8Uim of precedents Js another powerful argument in favor of this view. It seems to mc just so far as a precedent This being (lie case It is seldom us influence will bo otherwise than lias anything to do with the decision of a qtteston of to-day, just so far is the bar a conservative element. A lawyer buses Ills opinions on the opinions of his predeces sors. that conservative. Archbishop Whately tells us that it is not so much the business of a lawyer to know what the law ought to be, as to know what It is. And when we stop and think a moment wo see that such is the case. No one asks a lawyer what the law ought to be, but "what is the law in tins case in which I am interested." And it is his bus iness to tell him. BitOADimoou. THE" HESPERIAN STUDENT Published semi-monthly by the students of tho Nebraska State University. of the few and plalnd upon those of the many. To what extent wo will succeed with no previous expcilence, we cannot say. Our motto is, "we shall try,' and in the spirit of this determination, wo ask you students, to bear wiili us, and aid us all you can. COLLEGE POLITICS. Tuesday, February 1 1881. EDITORS IN CHIEF, Fkank Parks. N. Z. Snell. Associate Editoh Matik A. Turkman. Local hurron, '. Edbon ltiai. UUSINKBH MANAOKll, 1), KltA.NK MaHSHAM.. TE11MB Or HUBSCKII'TION. 1 copy per college year 31.CD. 1 " six months .50 Single copy .0-5. KATES or ADVERTISING. 1 column one Insertion $2.50. i!tquarc8 " " .60. 1 " " " .25. All articles forpubllcatltn should bo addressed Editor IlEsrEniAN Student, State University. Lincoin, Nebraska. All subscriptions nnd bust nesfl communications, with tho address, should busont to B.F. MARSHALL. Subscriptions lectod Invariably iu advance Advertisements collected monthly. ditowil Owing to circumstances well known to the students of the University, this issue of the Student has been delayed. Now, as all is adjusted, we will, to the best of our abilities, discharge the various duties of our position. The new year has brought with it many changes, changes beneficial and essential to the prosperity of our paper. Money, under the new constitution, has found its way into the treasury. The students have taken a lively interest In the welfare of their paper, ami me luture ot me simc, even though clouded with uncertainty, seems not as dark as wc hope to see it bright. Tho next Issue tho Student will appear iu a new dress, and thus enlarged, by careful discharge of duly and that sup port which is duo the college paper from tho students, its success is rendered cer tain. To the members of bath societies wo appeal, not for charity, but for help, help In making the paper the exponent of tho culture of the students of the Univer sity. Can not there be short, pointed ar. tides of general interest, rather than tho usual essay or oral ion ? Fellow students remember this is for you to say us well as' for the editors. Willi you rests a respon aibjllty, one that you ought not to shirk. If more life, more earnestness can bo dis played in our work, all will be better, a burden will be lilted from the shoulders Wo ate sorry to see such a state of affairs exist iu the University as is exhibited by "college politics." Whether it is the in lluenco of tho Legislature or of the ward caucuses upon the students, or tho effect of various causes at any rate a mu. jority of the students allow society feeling and splto to outweigh all considerations of right and fairness. In the various elections that are hold from time to time iu the University the amount of trading, wirepulling, misrepresentation, and deceit that lakes phco speaks poorly for the honor and hlgh-mindedness of the students as a class. Tills is wrong; fel. lows that are trying to attain the benefits of culture and a.higher education should try and lay aside petty strifes and person, al animosities; should be able to support a man for his ability and fitness without n-giiru io uie sianu no nns laucn in home previous "fight." ELECT1VES. It is reported thut a system of elective studies is to be introduced iu the Univer sity. This will bo of great benefit to the students, who, wo feel sure, will not be slew to take advantage of the orporluni ties afforded by an elective course. It will, perhaps, occasion a larger amount of work for the professors, but this work will bo chosen by themselves in their own particular departments and will therefore not be exceedingly onerous. Students will be able to pursue morn special lines of study and accommodate their work to their tastes, and thus accomplish moro in the same time than under tho present plan with but three elcctives in the course. THE CATALOGUE. Tho ninth annual catalogue of tho University was issued a short time before the closing of last term. It makes a good showing for the Institution during the last year; yet we think it hardly mir that the students of tho "Conservatory of Music" should be indiscriminately enu merated as students of the University, when the greater part of them havo never entered the University at all. We think it is a good thing that but sixteen rccita lions a week are required in the Junior and Senior year, but am surprised that no mention is mado of tho Hespkuian Student in enumerating tho advantages of tho institution. Another oversight is uie omission or Class day from tho Uni vcrsity Calendar, This day was set aside by the Faculty and will probably become a fixture, and should have been published in Uiq catalogue. A COLLEGE OF MEDICINB. There has lately been considerable dis cussion in regard to establishing a col lege of medicinco iu connection with the University. There ure a good many valid objections to thin, aim the matter should
