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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.
All A CONSERTATIVE
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
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
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
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.
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..
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Lincoin, Nebraska. All subscriptions nnd bust
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busont to B.F. MARSHALL. Subscriptions
lectod Invariably iu advance Advertisements
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
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
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
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