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Robert Treat Paine Papers, Volume 2

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From Samuel Quincy

19 October 1764

From James Otis, Sr.

23 October 1764
From James Hovey
Hovey, James RTP
Plimo. 22. Octr. 1764 Sr.,

As my Circumstances will not admit of my attendance at the Proposed Interview of the Gentlemen of the Barr at Boston,1 I have Ventured to Give you my tho'ts on the subject of that meeting, (as I apprehend it) viz to Consult and advise to Proper Measures for the Suporte of the Honour of the Barr, and to Prevent Irregular admissions for the Future, and the Cultivating a Good understanding between all, who are or shall be members of our Society. I most Earnestly wish that Such measures may be taken as will answare the Proposed Ends. And in order to this, I would propose.

1. That for the Future, No Person should be offered as an attr. at the Lower Courts, but Such as have had gone thrô a Regular Course of Study, and are well aquainted with the Principels of the Law, and are men of Good Naturall Powers, as well as of aquiered abilitys, men of Honesty and Integrity, that will abhor meanness, and that will place a due Vallue upon the Charracter of a Lawyer, &c. and that when any applications are made to any one of the Barr, for their assistance in Such admissions, no Encouragement Should be given, unless the Person desiering the Same, will Convene all the Gents. together who usually Practice in Such Courts; and they by Generall Consent shall agree that Such Person, has the qualifications aforesaid, and is in their Judgement worthy of the Imployment as an attorney in Such Courts; and Particularly that he will not only Dis309countenance, but Bare hard (if need be) against the Pettyfogging Tribe in order to Suppress that Growing Evill.

2. That after Such admission, no Such Person shall be offered by the Barr as an attorney in the Superiour Court of the Province untill he has Practiced in Such some Lower Court for Some years at least, and has by his Practice given Sufficient Evidence that he answares the aforesd. Charrecter, and shows a Good Disposition to Cultivate & maintain a Good Understanding with his Brethren of the Barr, and doth what lyeth in his Power to Support and Maintain the Honr. of the Barr, against all opposers of what Denomination soever.

3. That after None be hereafter be offered to the Supr. Court to take upon them the Degree to Barristers of the Sal at Law, till they have by Some years Practice in the Supr. Court that Court Given Sufficient Evidence that they are men of the foregoing Charrecter; and that Previous to their being admitted, Notice be given to all (or as many as may be) of the Barristers in the Province, of the Desiers of Such Person to be admitted a Barrister, and that there is no objection from them, or any of them, and if there should be any objection the Same Shall be removed before their admission.

4. When any Person is offered as an attorney at In any Inferiour Court, or at the Supr. Court, or to be made a Barrister the Senior Barister Present, or the oldest attorney Present Shall in full Court in the Name of the Barr, in the most Publick manner Introduce such Person, and make a motion to the Court for his admission To which all the Attorneys and Barristers Present shall Signifie their approbation and Consent.

These Rules, (or Something Simalar to 'em,) I Am Ready to think might be Come into, and would be of use, if Reduced to Practice. But I dont pretend to Sett my selfe up as a Dictator, being Sensible that my Quallifications, (compared with others,) are very Small and therefore very Little is to be Expected from me. However what shall be tho't best at the Convention proposed, for the Purposes aforesd. I shall I hope Chearfully fall in with, and in my Sphere of Action I shall Endeavour to promote the Same. I am Sr. yr. Sincear Friend & Brother,

JAS. HOVEY

RC ; addressed: "To Robert Treat Pain Esqr. of Taunton, Barrister at Law Now at Boston These"; endorsed. In the hand of Charles Cushing Paine: "relative to admissions at the bar."

310 1.

The Suffolk Bar called for a meeting of all barristers to consider plans for regular development and advancement within the legal profession. However, these proposals never went beyond the suggestion stage at this time (Gerard W. Gawalt, The Promise of Power: The Legal Profession in Massachusetts, 1760–1840 [Westport, Conn., 1979], 17).