place, stead, or turn of another, to manage his matters in a court. Strictly speaking, an attorney only draws papers, and prepares causes for courts, but does not address either court or jury as an advocate. But this is not the general custom in the United States.

An attorney is responsible to his client for gross ignorance or want of fidelity in the management of his business.

Congress has provided a fee bill for the compensation of attorneys in the federal courts, which can be collected of the losing party by the other. Some States have done the same, and others have left the matter wholly open to agreement between attorney and client. It is a vulgar error to attribute to attorneys dishonesty or trickery. A fair scrutiny will show that they are as free from such reproach as other classes of the human family. It is not their fault that their occupation compels them to represent clients and oppose adversaries whose characters are more or less stained by indefensible or questionable

acts.

5. COUNSELORS-AT-LAW.

The federal as well as State courts admit and license counselors, who advocate or plead causes for clients before them. This is the highest professional position at the bar. By the old practice, it required three or more years' practice in the courts as attorney before admission as counselor. The courts

were strict in requiring evidence of good character, and subjected candidates to a rigid examination before a license would be granted. This strictness does not now prevail to the extent that the public good requires.

It is the legitimate business of a counselor to advise clients on questions of law, and to present honestly and fairly their cases to courts and juries, when litigated in court.

Their compensation depends entirely upon agreement with their clients. Formerly, in England, where the client refused to pay, he could not enforce his claims in the courts. This has never been the settled rule in the federal or other American courts.

Owing to the high character of leading counselors, they have not been extensively subject to the suspicions and imputation heaped so freely upon attorneys. The office of advocate, as known in England, is not generally recognized in this country. It is, in effect, included in that of counselor.

It may be said of counselors, that in England and in this country they have been the most ardent and efficient enemies of tyranny, and sturdy friends of liberty, known in either. Those who are deeply learned have a keen sense of justice, of right and wrong, not excelled by any other class of men, while their mental training qualifies them to present their views in the most emphatic and forcible manner.

CHAPTER LV.

I. THE COURT OF CLAIMS AND ITS OFFICERS.

PRIOR to 1855, those having claims against the government, which the departments declined to pay, had no remedy except by petition to Congress. Although several of the States had made provision for their being sued by claimants, and authorizing suits against counties and towns, there was no provision conferring authority to institute a suit against the federal government Those who could not attend upon Congress to press the consideration of their cases were without remedy.

In 1855, an act was passed to establish a court of claims, consisting of three judges, a solicitor to represent the United States, and a clerk to record its proceedings.

Subsequently, an assistant and deputy-solicitor were added, and an assistant clerk, since which two. judges have been added, making in all five.

The judges are appointed by the President with. the consent of the Senate, and hold their offices during good behavior.

The offices of solicitor, assistant, and deputy have been recently abolished. Their places are supplied

by two assistant attorneys-general, appointed by the President with the consent of the Senate, who, with the Attorney-General and Solicitor-General, attend to the prosecution and defense of all matters and suits in the court, in behalf of the government. These assistants receive a salary of five thousand dollars. Causes appealed from this court to the Supreme Court are argued by the Attorney or SolicitorGeneral.

The clerk and assistant-clerk, bailiff, and messenger are appointed and removable by the court.

The court has jurisdiction of claims founded upon a law of Congress, a regulation of an executive department, or contract, express or implied, and of counter claims by the government.

The court licenses attorneys and counselors like other courts, and who perform the like duties.

It appoints commissioners to take depositions to be used in the court.

Appeals, where the amount in controversy is over three thousand dollars, may be taken by either party to the Supreme Court of the United States.

Members of Congress are forbidden to practice in this court.

The claimant can be witness in his own behalf, and the government may compel him to testify.

The court has the usual powers of regulating business, and compelling the attendance of parties and witnesses before commissioners, and can call upon the head of a department for information. It gene

rally applies the common law rules of evidence to cases before it.

The practice of the court much resembles proceedings in chancery.

Its decisions are reported by one of the judges and the clerk.

All petitions and evidence in a cause are printed before hearing, where the claim is over three thousand dollars, at the expense of the government, and below that sum at that of the claimant.

The salary of the judges is four thousand dollars. The clerk receives three thousand dollars, and his assistant two; and the bailiff one thousand.

2. This court is a highly useful institution, and can be made much more so by intelligent legislation. It was established after a careful consideration of a like tribunal long since created in Prussia, in which in all respects the government is on a par with the lowest subject. In many States, the ordinary tribunals have the like jurisdiction in favor of individuals against the State governments. There is no good reason why the federal or State governments should not be amenable to judicial tribunals the same as they provide for individuals seeking to enforce their claims upon others. What is right and just between individuals, must be so between them and their government.