But it is peculiarly important that those

administered, there could be no security for states, a knowledge of at least our own fundalife, liberty, reputation or property. LAW mental laws, should be deemed indispensable and RIGHT are the body and soul of civil to every citizen, and should, of course, be liberty. taught in every common school. Civil jurisprudence is illustrated by a long roll of honored names-the names of law-giv-who are destined for the bar, the bench, or the ers and jurists, in different countries and ages, hall of legislation, should be thoroughly inadmired for pre-eminent talents, and ever to bued with that kind of knowledge which is be revered as benefactors of mankind. And, founded on the elements of a virtuous and enon its broad escutcheon, we see, beaming with lightened philosophy, and to the proper acquia chaste and hallowed light, the names of sition of which, toil, and system, and talents, Cicero, of Solon, of Daggessau, of Pothier, of and probity, are indispensable. No class of Grotius, of Vattel, of Littleton, of Coke, of men exercise more influence on society, than Bacon, of Hale, of Mansfield, of Blackstone, of the professional lawyers. Their predominant Erskine, of Adams, of Jefferson, of Jay, of influence is felt in all the business and Boyle, of Marshall--and a multitude of oth- walks of life, as well as in the forum, the ers, equally, or almost as much, distinguished, legislative hall, and the arena of popular polboth in the old and in the new world-all of itics. How all important then, is it, to the them men unsurpassed in intelligence and vital interests of the commonwealth, that our usefulness, by any equal number, in any oth- lawyers should be men of enlarged, and liber department of knowledge, or sphere of ac-eral, and virtuous minds; purified and ention. And our own brief history is embla-lightened by the moral light of thorough, zoned with the names of distinguished ju-general, and, as far as possible, universal scirists, without whose enlightened counsel our ence. Until our western lawyers shall be liberties could never have been established, thus enlightened, we shall not have among us nor our free institutions constructed or main-many Mansfields, Erskines, Marshalls, Webtained. A chaste and mellow light shines sters or Clays. around the names of John Adams, Thomas Ignorant or unprincipled lawyers are among Jefferson, John Jay, Roger Sherman, Patrick the most mischievous nuisances which can Henry, Alexander Hamilton, and a host of annoy the peace and disturb the well-being other eminent and patriotic lawyers-the of the body politic. But virtuous and enlight of whose intelligence, the fire of whose lightened jurists are a blessing to any people. patriotism, and the burning eloquence of Even in the administration of law in courts of whose pens and whose tongues cheered and justice, the value of honest and able profesguided their desponding countrymen, in their sional counsel, is almost incalculable; and the dark and perilous pathway, to constitutional direct and indirect influence of such moral liberty and law. Then may we not conclude agency, on public and private rights, and on that jurisprudence is a noble science, and that the spirit of litigation, is much greater than is a virtuous and enlightened jurist is an orna-generally supposed. ment and an honor to his race?

A lawyer is a pettifogger, as a doctor is a Our's being emphatically governments of quack, unless he understands the science of laws, and our liberties and rights depending, his profession. Such scientific knowledge is as they do, on the wisdom and efficacy of con- not as common among the professional men of stitutional and legal guarantees, there is no this great valley of the west, as the best intercountry on earth where a thorough, extensive,ests of the people and of science require that and general knowledge of the elements of en- it should be. Thorough and systematic elelightened jurisprudence may be so useful, or mentary education is important, and will be can be so indispensable to the welfare of men, soon seen to be indispensable. Such an edu and the stability and authority of just and cation can but seldom, if ever, be expected in equal institutions. The supremacy of good the common course of reading in a lawyer's laws will ever save us; the predominancy of office. This has been felt and acknowledged, passion, or of rank, or of ambition, will de-even in England, where the training of young stroy the only shield of our rights.

men for the bar is more severe and systematic, It is strange that a science of such extent in the offices and inns of court, than it has and importance so intimately associated with generally been in this country. We find the all that is interesting to social man on earth, following language in the introductory lecture so exalted in dignity, so purifying and enno- of Mr. Park, professor of English law and jubling in tendency, and so universal in its in- risprudence in the King's college, London: fluence on all civilized men, in every relation, "Few things will bear less looking into than and under every circumstance, should not the system of legal education hitherto prehave generally been made a branch of acade-vailing-and if the public at large could see mical education, and been taught where other it in its real nakedness, common sense and sciences are usually learned. Every free man, safety would alike dictate that such culpable in a free state, should be acquainted with the neglect should no longer be permitted to inelements of general jurisprudence, and with sult society, and set at naught the deep interthe spirit and character of the peculiar insti-ests that are at stake in the proficiency of tutions of his own country. Such elementary those who offer themselves to the public as leknowledge may be acquired in the course of gal practitioners. A great number of young ordinary scholastic education; and, in these men are annually let loose upon the public,

calling themselves solicitors, and barristers, and conveyancers, and having personal claims upon many to be intrusted with their business, who have given no other security to the public, for their having qualified themselves for a most important and arduous profession, than that of having paid a certain sum of inoney for articles of clerkship, or having purchased the name of pupil in the chambers of some practitioner. Upon the present system, scarcely one in every five, has a single chance of attaining that proficiency that would enable him to keep practice, even should he be so fortunate as to obtain it." But even more may be said of the common defects in the usual

only the outline of a vast and cultivated territory of judicial science. Aud it was under the like auspices and circumstances, that the similar work of Chancellor Kent of America was produced-a work that will be an useful cynosure to the American student.

Moreover, it is known, that the civil law was introduced and taught, in the universities of England, by the clerical professors; and Hume, in the 23d chapter of his history of England, has said truly, that it was by this means, that the common law was "raised from its original state of rudeness and imperfection.'

And why should not jurisprudence be course of legal education in this country. taught as other sciences are taught? "To disHere, where there are, much to our discredit incorporate any particular science from genand disadvantage, but few scientific lawyers, eral knowledge, is one great impediment to young men of ordinary capacities, without the its advancement; for there is a supply of light advantage of preparatory education, read a and information, which the particulars and infew books, selected either by themselves or by stances of one science yield and present for the advice of some practising attorney, and, in the framing and correcting the axioms of ana few months or weeks, without any system-other science in their very truth and notion; for atic instruction or general examinations, and before it is possible they can have learned the A B C of jurisprudence as a science, obtain licenses and offer themselves as learned counsellors, in one of the highest, most important, and most difficult of the learned professions. What can be the consequence of such a course, but great mischief to society, and the unjust degradation of the law, and of jurisconsults, as a professional class? And hence, the jurisprudence of the west has not obtained that exalted rank which the general character and prospective influence of the Mississippi valley would seem to indicate.

each particular science has a dependence upon universal knowledge, to be augmented and rectified by the superior light thereof." This was the opinion and language of Lord Bacon, who did as much for science as any man who ever lived. And his opinion has been con firmed by experience; for wherever law has been taught as a branch of scholastic educa tion, it has been more scientifically and per fectly learned, and has been "augmented and rectified by the superior light of universal knowledge."

The pupil derives many and obvious advan tages from studying law systematically in a The law must be considered as a science of public institution of learning. In such an ininfinite amplitude and importance, and must stitution, judicionsly and faithfully conducted, be taught and studied, like other sciences, he wastes no time or toil in unprofitable readwith a system, an interest, and a patience, ing. The best text books are selected for him; corresponding with its magnitude, utility, and he is led on, day by day and step by step, from destiny. This cannot be done in any other the more simple elements to the abstruse and mode, so certainly and effectually, as in regu- subtle, doctrines of law; his path is illumina larly organized schools, where system and ted and progress facilitated, by frequent proscience prevail. fessional examinations, illustrations and lec

Prior to the institution of the Vinerian pro-tures; by which, obscurities are cleared away, fessorship at Oxford in England, law was con- absurdities and incongruities satisfactorily exsidered but a rude art, to be acquired-in the plained, and all the doctrines and authorities language of Thomas Wood, who wrote his In- gleaned by the professor, from all his legal stitutes, about the year 1725-"by a long at-reading and research, are brought, at once, intendance on the highest courts of justice, and telligibly to the understanding; and this last by a tedious wandering about”—and contain- alone must be felt to be a circumstance of ing "a heap of good learning, which he hoped great utility, when it is recollected, that all it would not be impossible to assort, and put this professional knowledge is to be obtained into some order." But under the auspices of from hundreds of volumes of books, and can an university, where science was taught, be acquired only by the study and practice of Blackstone, who was the first Vinerian pro-years. In addition to these, and other peculiar fessor, reduced the laws of England to the advantages which we shall not enumerate, ansystem and order of a beautiful science. And other, and not the least, is the industry and since the publication of his lectures, under the emulation that will be excited by an associatitle of commentaries, even positive law has tion of young men of talents in the same class. been justly deemed a science, and has been pursuing the same studies together, and all wonderfully simplified and improved. Those candidates for the honors of the same institucommentaries have themselves been pro- tion of learning. And, although the knowlnounced by Sir Wm. Jones, in his admirable edge thus to be imparted, is only elementary Treatise on Bailment, to be "the most correct and initiatory, yet we believe that, such and beautiful outline that was ever exhibited knowledge, thus acquired, will lay the only of any human science." But they exhibited broad and sure foundation for successful pro

and legislators, will occupy stations peculiarly conspicuous and responsible. We believe that, here the pure vestal light of truth is to shine, if it is ever to live among men-that here, if any where, civil liberty is to be established and preserved that here, the decisive moral battle, now evidently commenced, is to be lost or won, for ages; and that, in this new world, jurisprudence is to be brought to its utmost perfection, and elevated to its true dignity.

gress in the science of jurisprudence, or for ultimate usefulness, or honorable distinction. And we trust that the law department of Transylvania, will never be degraded by its professors, or its pupils; and may we not be permitted to hope, that this, our own cherished Alma Mater may, in all her departments, soon be resuscitated and, once more, become the pride of the west? Her fate depends, in no inconsiderable degree, on the conduct of her sons. They may reflect honor, and raise her, The law is the accustomed pathway to poor bring shame and sink her, in the opinion of litical influence and distinction. May those a scrutinizing public; and none of those who of you, whose fortune it may be thus to rise, will be nourished at her breast, will have deserve public confidence. Always vindicate more influence on her destinies than the pupils the law's just supremacy, and especially defend of her law department. Remember then, the rightful supremacy of the federal constituyoung gentlemen, that, in these academic tion and the union and harmony of the states. halls, you will only be initiated into a bound-Any one, at all acquainted with the history of less science, and that true professional emi- that constitution, and with the history and nence can be attained only by extensive learn- character of men, must see that, if the existing ing, virtuous habits and pure principles. Re-Union should ever be destroyed by dissolution member your obligations to this institution, to or consolidation, it will never be re-established. yourselves, to your friends, to your profession, Even now the safety of the constitution and and to your country. The habits and princi- the integrity of the Union are, in the opinions ples which may be here acquired, may fix of many wise and good men, menaced by the your characters forever. If it should be your licentious spirit of disorganization, and the fortunes to be lawyers, judges or legislators, factious influence of selfish politicians. Moral remember that knowledge, and much and vari-light, and that alone, can surely save—and we ous knowledge, will be necessary for the hon-trust that it will be speedily diffused, so generorable discharge of your duties; and may none ally and effectually, as to rescue and preserve, of you-whatever or wherever you may be in this distinguished land, the principles of ever forget that: "An honest man's the noblest sound morality, pure religion, and enlightened

work of God."

law.

May it be your lot, gentlemen, to be efficient and useful actors in the eventful scenes that are coming. May it be your fortune to share the honors and the blessings of a glorious triumph for our country and mankind; and may you so act, here and hereafter, as to reflect honor on this institution, exhalt the character of the west, and shed lustre on American jurisprudence.

PRELECTION.

TO THE HON. GEORGE ROBERTSON,

Lexington, Nov. 13th, 1836.

SIR,--We have the honor of expressing the thanks of the Law Class, for the very able and appropriate Introductory Lecture delivered by you in the Chapel of the University, on the 12th inst., and of requesting a copy of the same for publication.

Having shared the high gratification of hearing your Lecture, we take great pleasure, in pursuance of their desire, in making this application. We have the honor to be, with the highest consideration,

Yours, &c.,

THOS. A. MARSHALL, Jr.
JOHN TITUS,

A. J. LAFON,

CALEB M. MATHEWS.

Lexington, Nov. 13th, 1836.

GENTLEMEN,-As my late Introductory Lecture was intended for the benefit of the Law Class of Transylvania, it is at their disposal; and I am pleased to learn from your polite note of the 13th inst., that it was deemed satisfactory.

Accept for yourselves and for the class my acknowledgments, for such a testimony of approbation, and an assurance of the perfect good will of Your and their friend,

G. ROBERTSON.

Messrs. Marshall, Titus, Lafon, and Mathews.

་

ADDRESS.

HAVING, in our last Introductory Lecture, per time and in a becoming manner, to a regiven a very general analysis of the nature of storation and firm establishment of their long LAW, and comprehensive classification of its lost privileges. As long as this tower shall elements, we shall, in this address, attempt a stand and this flag shall still wave-civil and more particular consideration of the most in-and religious liberty, with all their countless teresting branch of American Jurisprudence blessings, are sure and safe. But let the -the political organization of the North American bulwark sink and the American American Union. This, also, being limited emblem fall-and with them must perish for by the occasion, will necessarily be summary a time, if not forever, the dearest rights and and imperfect, and will, therefore, only em- most cherished temporal hopes of christian or brace an outline of a circumstribed view of the civilized man. Civil and religious liberty are origin and nature of the Federal Constitution, indissolubly associated. One connot exist seand of the only means of preserving unim-curely, if at all, without the guardian compaired, and of rendering most effectual, the panionship of the other. peculiar fundamental institutions of our common and much distinguished country.

Until both shall universally prevail, man can never attain his proper rank in the scale of being, or his ultimate destiny upon earth. And looking, with either a christian or philosophic eye, on the progress of events for ages past, we have some reason for cherishing the hope that our favored land is the preparatory theatre, and our civil institutions the initial means intended by an overruling Providence for establishing, in all time to come, and for extending throughout the world, human liberty, human happiness, and human glory. The union and harmony of these confederate States, and the consequent prevalence of the federal

ment and security of our liberty and peace. For both reason and history proclaim, as an axiomatic truth, the political aphorism of our whole country:-"UNITED we stand-DI

The lapse of the last eighteen hundred and thirty-six years, has not been marked by an event more interesting to mankind, than the adoption of their national constitution by the people of the North American States. The affairs of men, like the phenomena of the physical world, being controlled by instrumentalities progressively developed in the onward course of an immutable Providence, enlightened philanthropy looks back on the Lutheran Reformation-the invention of the Printing Press-the discovery of the Magnet's polarity-the transatlantic voyage of Colum-constitution, are indespensable to the enjoy bus the discovery of America-its colonization-the persecutions which contributed to its civilization-and the civil Revolution of "76," which liberated its northern half from the dominion of European priests and monarchists-VIDED we fall!" not only as among the causes, pre-ordained It is under the influence of such sentiments by a wise and benignant God, for the regener- and such prospects, that we feel, in all its ation of man, but as pioneers appointed by magnitude, the peculiar great comparative imHeaven for leading the way to the Ark of civ-portance to mankind of the rare and signal il and religious liberty, constructed by the event of adopting the Constitution of the Unipeople of these States, in 1788, for themselves, ted States. and, as we hope, for all posterity. If this last and best experiment for the consolidation of human rights, and the exaltation of human destiny, made and still progressing in an age and in a land most propitious to success, shall, like all that have gone before it at last fail, the cause of Democracy must be discredited and degraded in the opinion of mankind. But the simple fact that such an experiment has been tried in such a country and at such a time, and has so far succeeded, stands before the admiring world a pyramid of strength to the friends of equal rights; and the spangled banner of our Union, though waving yet alone on its peerless top, encourages all men, of every country and clime, to aspire, at a pro

The discovery of America was among the most memorable of human events, not because it opened a new theatre for commercial enterprise and for the exquisition of fortune and of fame, but chiefly because it has led to other and consequential events already most interesting, wonderful and ennobling: and, of these, the federal constitution of '88 is not the least important. Without this our Declaration of Independehce, and the glorious Revolution which succeeded it, might, like similar agents in fanatical France, have been delusive, and have prepared our beloved country, first for the wild fury of anarchy and vice, and next for a domestic crown and tyrant chains forged by the ambition of some vone