Chapter XX: Front Matter (20)

If the individual to be instructed were one who had heretofore lived apart from law and government, yet capable (if such a thing were possible) of understanding the subject, it is here we ought to commence. To him it would be indispensable to explain, in the first instance, the structure of the body politic; to specify the rights surrendered by individuals; and to set before him the equivalent privileges received in exchange. _We_ too might be supposed to require a like exposition before we would be prepared to submit to the severe restraints and harsh penalties of _criminal_ law. But in regard to controversies between individuals we feel no such jealousies. In these, the law, acting but as an arbiter, indifferent between the parties, no question concerning its authority occurs to the mind. The readiness with which we acquiesce in its decisions, is strikingly manifested in the fact, that the whole of England, Ireland and the United States are, for the most part, governed by a law which has no voucher for its authority but this acquiescence. The same thing may be said of the authority of the civil law on the continent of Europe. It thus appears that the mind does not always require to be informed of the origin of the law which regulates and enforces, or protects individual rights, before it will condescend to inquire what are its behests. _Prima facie_ it should be so; but being, in point of fact, born in the midst of law, habituated to it from our infancy, and accustomed to witness uniform obedience to its authority on the part of those whom we were taught to obey, we learn to regard it as a thing _in rerum natura_, rather than of human invention; a sort of moral atmosphere, which, like that we breathe, seems a very condition of our existence.

There is therefore no inconvenience to be apprehended from taking up the subject in an inverted order, treating first of individual rights, and reserving those that grow out of the relation of the citizen to the body politic, and the correlative duties of that relation, for future inquiry.

While there is nothing to be objected to this arrangement, there is much in favor of it. It is important that they who engage in the study of political law, should come to the task with minds prepared for it; well stored with analogous information, and sobered and subdued by the discipline of severe investigation. There is a simplicity in some views of government which is apt to betray the student into a premature belief that he understands it thoroughly; and then, measuring the value of his imagined acquirements, not by the labor that they have cost him, but by the dignity and importance of the subject, he becomes inflated, self-satisfied and unteachable; resting in undoubting assurance on the accuracy and sufficiency of such bare outline as his instructer may have thought proper to place before him. But in those countries where the authority of government rests on a questionable title, they who are entrusted with the education of youth, may naturally wish to keep them from looking into it too narrowly. Hence it may be a measure of policy with them, to introduce the student, in the first place, to the study of political law, in the hope of making on his raw and unpractised {148} mind, such an impression, as may secure his approbation of the existing order of things. The faculty of investigating legal questions, and forming legal opinions, may almost be regarded as an acquired faculty; so that, in the earlier part of his researches, the student necessarily acquiesces in the doctrines which are pronounced _ex cathedra_ by his teacher. At this time he readily receives opinions on trust; and if it be his interest to cherish them, or if he is never called on in after life to reexamine them, he is apt to carry them with him to the grave. This is perhaps as it should be in England and other countries of Europe. Having no part in the government, it may be well enough that he should learn to sit down contented with this sort of enlightened ignorance.

But with us the case is different. The authority of our governments is derived by a title that fears no investigation. We feel sure, that, the better it is understood, the more it will be approved. It rests too on a charter conferring regulated and limited powers; and the well being of the country requires that the limitations and regulations be strictly observed. Now every man among us has his "place in the commonwealth." It is on the one hand, the duty of every man to aid in giving full effect to all legitimate acts of government; and on the other, to bear his part in restraining the exercise of all powers forbidden or not granted. Every man therefore owes it to his country to acquire a certain proficiency in constitutional law, so as to act understandingly, when called on to decide between an alleged violation of the constitution, and an imputed opposition to lawful authority. Such occasions are of daily occurrence. Scarcely a day has passed, since the adoption of the federal constitution, when some question of this sort has not been before the public. Such is the effect of that impatience of restraint natural to man. So prompt are the people to become restive under laws of questionable authority, and so apt are rulers to strain at the curb of constitutional limitations, that one or the other, or both of these spectacles, is almost always before us.

When you come then, young gentlemen, to the study of political and constitutional law, you will find it no small advantage to have been engaged for some months before in studies of a similar character. The opinions you will then form will be properly your own. I may not be so successful as I might wish, in impressing you with those I entertain; but I shall be more gratified to find you prepared to "give a reason for the faith that is in you," whatever that faith may be, than to hear you rehearse, by rote, any political catechism that I could devise. I shall accordingly postpone any remarks on constitutional and political law, until your minds have been exercised and hardened by the severe training they will undergo in the study of the private rights of individuals, of wrongs done in prejudice of such rights, and of the remedies for such wrongs. All these topics are embraced in the second and third division of municipal law, that I have laid before you.

To these belong the most intricate and difficult questions in the science of law. In introducing you to the study of these, let me say, in the language of one from whom I am proud to quote, that, "I cannot flatter you with the assurance that 'your yoke is easy and your burden light.' I will not tell you that your path leads over gentle ascents and through flowery meads, where every new object entices us forward, and stimulates to perseverance. By no means! The task you have undertaken is one of the most arduous; the profession you have chosen one of the most laborious; the study you are about to pursue, one of the most difficult that can be conceived. But you have made your election. You have severed yourselves from the common herd of youth, who shrink from every thing that demands exertion and perseverance. You have chosen between the allurements of pleasure and the honors which await the disciples of wisdom. You yield to others to keep the noiseless tenor of their way in inglorious ease. You have elected for yourselves the path that philosophers and moralists represent as leading, up a rugged ascent, to the temple of fame. It may be the lot of some of you to elevate yourselves by talents and unabating zeal, in the pursuit you have selected. But these distinguished honors are not to be borne away by the slothful and inert. _Nulla palma sine pulvere_. He who would win the laurel, must encounter the sweat and toil of the _arena_. Nor will it suffice that he _occasionally_ presses on to the goal. If he slackens in his efforts he must lose ground. We roll a Sisyphean stone to an exalted eminence. He who gives back loses what his strength had gained; and sinking under the toil his own indolence increases, will at length give up his unsteady efforts in despair."--1. T. C. Introduction, p. vi.

I can add nothing to these striking remarks but my testimony to their truth. There is, perhaps, no study that tasks the powers of the mind more severely than that of law. In it, as in the study of mathematics, nothing is learned at all that is not learned perfectly; and a careless perusal of Euclid's elements would not be more unprofitable, than that of a treatise on the laws of property. Nor will a mere effort of memory be of more avail in the one case than in the other. Both must be remembered by being understood; by being through the exercise of intense thought, incorporated as it were into the very texture of the mind. To this end its powers must be fully and faithfully exerted. As, in lifting at a weight, you do but throw away your labor, until you man yourself to the exertion of the full measure of strength necessary to raise it; so, in this study, you may assure yourselves that all you have done is of no avail, if you pass {149} from any topic without thoroughly understanding it. And let no man persuade you that genius can supply the place of this exertion. Genius does not so manifest itself. The secret of its wonderful achievements is in the energy which it inspires. It is because its prompting sting, like the sharp goad of necessity, urges to herculean effort, that it is seen to accomplish herculean tasks. He is deceived who fancies himself a favored child of genius, unless he finds his highest enjoyment in intellectual exercise. He should go to the toil of thought like the champion to the lists, seeking in the very _certaminis gaudia_ the rich reward of all his labors.

There may be something startling, I fear, in this exhibition of the difficulties that lie before you, and it is proper to encourage you by the assurance that by strenuous effort they may be certainly overcome. Remember too that this effort will be painful only in the outset. The mind, like the body, soon inures itself to toil, and wears off the soreness consequent on its first labors. When this is done, the task becomes interesting in proportion to its difficulty, and subjects which are understood without effort, and which do not excite the mind to thought, seem flat and insipid.

But lest the student should falter and give back in his earlier struggles, it is the duty of the teacher to afford him such aids as he can. This is mainly to be done by means of such an analysis and arrangement of the subject as may prevent confusion, and consequent perplexity and discouragement.

There are two sorts of analysis, each proper in its place. The one _philosophical_, by which the different parts of a subject are so arranged, as to exhibit in distinct groups those things that depend on the same or like principles, and such as are marked by characteristic points of resemblance; giving a sort of honorary precedence to the most important. The other sort of analysis may be termed _logical_. It is that method by which different propositions are so arranged, as that no one of them shall ever be brought under consideration, until all others which may be necessary to the right understanding of that one, have been established and explained. Of this last description sire Euclid's elements, in which it is interesting to observe that no one proposition could with propriety be made to change its place; each one depending for its demonstration, directly or indirectly, upon all that have gone before.

Blackstone's Commentaries may be cited as an example of _philosophical_ analysis. He has indeed been careful to avoid perplexing his reader, through the want of a strictly _logical_ arrangement, by dealing chiefly in generalities, and never descending to such particulars as might be unintelligible for want of a knowledge of matters not yet treated of. This I take to be the reason why his work has been characterized as being "less an institute of law, than a methodical guide or elementary work adapted to the commencement of a course of study. He treats most subjects in a manner too general and cursory to give the student an adequate knowledge of them. After having pursued his beautiful arrangement, he is obliged to seek elsewhere for farther details. After having learnt the advantage of system, he is almost at the threshold of the science, turned back without a guide, to grope among the mazy volumes of our crowded libraries. This cannot be right. If system is of advantage at all, it is of advantage throughout. Were it practicable, it would be better for the student to have a single work, which embracing the whole subject, should properly arrange every principle and every case essential to be known preparatory to his stepping on the _arena_. Much, very much indeed, would still be left to be explored in the course of his professional career, independent of the _apices juris_, which the most vigorous and persevering alone can hope to attain."--Tucker's Commentary, Introduction, p. 4.

The justice of these remarks none can deny. It might be thought unbecoming in me to say how much the writer from whom I quote them has done to supply such a work as he describes. Yet I cannot suffer any feeling of delicacy to restrain me from the duty of recommending that work to your attentive perusal. I shall eagerly, too, avail myself of his permission to make frequent use of it, as I know of no book which so well supplies the necessary details to parts of the subject of which Mr. Blackstone has given only loose and unprofitable sketches. It is to be lamented that in doing this he has so strictly bound himself to the arrangement of that writer. That arrangement, as I have remarked, imposed on Mr. Blackstone the necessity of being occasionally loose and superficial. For want of one more strictly logical, the Virginia Commentator often finds it impossible to go into the necessary detail, without anticipating matters which properly belong to subsequent parts of his treatise; and too often, where this is impracticable, topics and terms are introduced, the explanation of which is, perhaps, deferred to the next volume.

An instance will illustrate my meaning:--Mr. Blackstone classes remedies for private wrongs, thus: "first, that which is obtained by the _mere act_ of the parties themselves; secondly, that which is effected by the _mere act_ and operation of _law_; and thirdly, that which arises from _suit_ or _action_ in courts." Now, it probably occurred to him, that he could not go into details on the two first of these three heads, without presenting ideas which would be unintelligible to any who had not already studied the third. In striving to avoid this, he has touched so lightly upon the other two, that his remarks on the important subjects of distress and accords, which come under the first head, leave the {150} student nearly as ignorant as they found him. For this there was no real necessity, as a knowledge of the two first heads is by no means necessary, or indeed at all conducive to the right understanding of the third. Had the pride of philosophical analysis, and symmetry of arrangement, been sacrificed to the laws of logic and reason, there was nothing to forbid the introduction of treatises on these important topics, as copious and elaborate as those supplied by the diligence and research of the Virginia Commentator. The manner in which this has been done, has made it manifest how unfavorable the arrangement of Mr. Blackstone sometimes is to amplification and minuteness. The essays of the President of the Court of Appeals on distresses and accords, leave nothing to be desired. Yet no one can read them profitably without having first studied the law of remedies by suit or action.

These, and some other instances of the same sort, have led me to this determination. Wishing to avail myself of the labors of the Virginia Commentator, without losing the benefit of Mr. Blackstone's analysis, I propose to preserve the latter, but to make occasional changes in his arrangement, substituting one more logical, though perhaps less philosophical. This, and the postponement of the study of political law, are the only liberties I propose to take. The fourth division, which relates to crimes and punishments, will be the last considered. This will be done not only in a spirit of conformity to Mr. Blackstone's plan, but also because one of the most important branches of criminal law has reference to an offence of which no just idea can be formed without a previous and diligent study of the Constitution and of the science of government.

This last mentioned subject, young gentlemen, I should perhaps pass over but lightly, were I free to do so, contenting myself with a passing allusion to its connexion with the study of the law, and the encouragement you should derive from the honorable rewards that await distinguished merit in our profession. But this is not a mere school of professional education, and it is made my duty, by the statutes of the College, to lecture especially on the constitution of this state and of the United States. In the discharge of this duty it may be necessary to present views more important to the statesman, than to the mere practitioner. When I think of the difficulty and high responsibility attending this part of my task, I would gladly escape from it; but considerations of its importance and of the benefit to the best interests of our country which has heretofore resulted from its faithful execution, come in aid of a sense of duty, and determine me to meet it firmly and perform it zealously.

The mind of the student of law is the ground in which correct constitutional opinions and sound maxims of political law should be implanted. The study of the common law involves the study of all the rights which belong to man in a state of society. The history of the common law is a history of the occasional invasions of these rights, of the struggles in which such invasions have been repelled, and of the securities provided to guard against their recurrence. A mind thoroughly acquainted with the nature and importance of the writ of _habeas corpus_, and the trial by jury, and rightly understanding the indestructible character of the right of private property, will hardly fail to be awake to any attack which may be aimed at liberty from any quarter. Hence liberty finds in the students of the law a sort of body guard. Their professional apprenticeship serves as a civil polytechnic school, where they are taught the use of weapons to be wielded in her defence. The history of our country from the first dawning of the revolution is full of proofs and examples of this. The clear view of the rights of the colonies which led to the Declaration of Independence, was one which hardly any but lawyers could have taken, and of the accuracy of which none but lawyers could have been sure. It was from them the ball of the revolution received its first impulse, and under their guidance it was conducted to the goal. Some few others were placed forward by circumstances; but they soon fell back, or found their proper place of service in the field; leaving the great cause to be managed by those whose studies qualified them to know where to insist, and where to concede; when to ward, and when to strike. The state papers emanating from the first congress will, accordingly, be found worthy to be compared with the ablest productions of the kind recorded in history; displaying an ability, temper, and address, which prepares the reader to be told that a large majority of the members of that body were lawyers.

In Mr. Blackstone's introductory lecture are some remarks on the importance of the study of the law to English gentlemen, strictly applicable to this view of the subject. "It is," says he, "perfectly amazing, that there should be no other state of life, no other occupation, art, or science, in which some method of instruction is not looked upon as necessary, except only the science of legislation, the noblest and most difficult of any. Apprenticeships are held necessary to almost every art, commercial or mechanical: a long course of reading and study must form the divine, the physician, and the practical professor of the laws: but every man of superior fortune thinks himself _born_ a legislator. Yet Tully was of a different opinion: 'it is necessary,' says he, 'for a senator to be thoroughly acquainted with the constitution; and this,' he declares, 'is a knowledge of the most extensive nature; a matter of science, of diligence, of reflection; without which no senator can possibly be fit for his office.'"

If the part in the government allotted to the people of England renders this admonition {151} important to them, how much more important must it be to us, who are in theory and in fact _our own rulers_. Not only is every office accessible to each one of us; but each, even in private life, as soon as he puts on manhood, assumes a "place in the commonwealth." In practice, as in theory, the SOVEREIGNTY OF THE STATE is in us. _Born to the purple_, the duties of that high destiny attach upon us at our birth; and unless we qualify ourselves to discharge them, we must cease to reproach the ignorance and folly, the passion and presumption, which so often disgrace the sovereigns of the old world, and heap wretchedness and ruin on their subjects. The same causes will have the like effects here as there. Power does not imply wisdom or justice, whether in the hands of the few or the many: and it is only by the diligent study of our duties in this important station that we can qualify ourselves so to administer its functions, as to save the free institutions inherited from our fathers, from the same reproach which the testimony of history fixes upon all other governments.

Not only is this true in reference to us as well as to the kings of the earth, but it is more emphatically true of us than of them. Whatever be their theory of sovereignty, and however they may prate about _divine right_, they all know, and feel, that, after all, they are but _kings by sufferance_. They may talk of absolute sovereignty, and claim for government that sort of _omnipotence_ which is said to reside in the British parliament. But, after all, they know and feel, that there is much they cannot do, because there is much they dare not do. The course of events now passing in England is full of proof of this. We have just seen that same omnipotent parliament, new-modelling itself to suit the wishes of the people. This act indeed, was itself an exertion of this pretended omnipotence, but wisely and discreetly exercised, in surrendering power. It was certainly done with a very bad grace; and at this moment we see that body anxiously watching the temper of the multitude, and adapting its measures, not to the views of its members, not even to the views of the constituent body, but to the real or supposed interests of the great unrepresented mass. Such is the check, which in spite of all positive institutions, the physical force of numbers, however degraded, and, professedly, disregarded, must exercise over their rulers; and in this check, they find a motive to justice, forbearance, and circumspection, which, in a measure, restrains the abuse of power.

But may not we, the sovereign citizens of these states, abuse power too? When men are numerous and "strong enough to set their duties at defiance, do they cease to be duties any longer?" Does that which would be unjust as the act of ninety-nine, become just, as being the act of an hundred? Is it in the power of numbers to alter the nature of things, and to justify oppression, though it should fall on the head of only one victim? It would be easy to point to instances in which we all believe that majorities have done great wrong; and that under such wrongs we have suffered and are still suffering we all know. But where is the check on such abuse of power? Constitutional authority and physical force are both on the same side, and if the _wisdom_ and _justice_ of those who wield both does not freely afford redress, there arc no means of enforcing it. "There is no sanction to any contract against the will of prevalent power."

The justice of these ideas is recognized in the forms of all our governments. The limitations on the powers of congress and the state legislatures, are all predicated on the certain truth "that majorities may find or imagine an interest in doing wrong." Hence there are many things which cannot be lawfully done by a bare majority; and many more, which no majority, however great, is authorised to do. Two-thirds of the senate must concur in a sentence of impeachment. The life and property of an individual cannot be taken away but by the unanimous voice of his triers; and all the branches of all our governments collectively cannot lawfully enact a bill of attainder, or an _ex post facto_ statute.

But though such acts are forbidden by the constitution, they may nevertheless be passed, and judges may be found to enforce them, if those holding legislative and judicial offices shall be so minded. The constituents, too, of a majority of the legislature may approve and demand such acts. Where then is the security that such things will not be done? Where can it be but in the enlightened sense of justice and right in the constituent body?

I am not sure that such restraints on the powers of public functionaries are not even more necessary in a republican government than in any other. A king can scarcely have a personal interest in ruining one portion of his dominions for the benefit of the rest, and he would not dare to ruin the whole, while a spark of intelligence and spirit remained among the people. But in a republic, whenever the inclination and the power to do such a wrong concur, the very nature of the case secures the rulers from all fear of personal consequences. The majority is with them. Their own constituents are with them. To these is their first duty; and shall they hesitate to do that which is to benefit their constituents, out of tenderness to those who are not their constituents? We know how such questions are answered, when the occasion is one where a _fixed majority_ have a _fixed interest_ in the proposed wrong. Is not this the reason why legislative encroachment so much disposes men to acquiesce in executive usurpation? Is it not this, which, when the barriers of constitutional restraint are seen to fall, drives minorities, _as by a sort of {152} fatal instinct_, to seek shelter under the arm of a _common master_, from the all pervading tyranny of majorities exercising the power of _universal legislation_? The wrongs of America were the act of the parliament of England, goaded on by the people. It was they who claimed a right to legislate in all things for the colonies. It was they who demanded a revenue from America; and the colonies, eagerly looking to the crown for protection, maintained an unshaken loyalty, until the king was seen to take part with their oppressors. The wrongs of Ireland are the act of the people of England. Ireland is the rival of England in agriculture, manufactures and commerce; and every concession to the former, seems to the multitude to be something taken from the prosperity of the latter. But the representation of Ireland in parliament is to that of England as one to five; and when the Irish people cry to parliament for redress, they are answered _as all appeals from minorities are answered by the representatives of majorities_. But how would they be answered if the representative and constituent bodies were both thoroughly instructed in the sacred character and paramount authority and importance of the _duties_ which belong to the high function of sovereignty? We justly deny and deride the divine right of kings; and we assert and maintain _the divine right of the people to self government_. And it is a divine right. It is a corollary from the right and duty to fulfil the purposes of our being, which accompany each one of us into the world. The right and the duty both come from the author of that being. He imposes the one when he gives the other, and thus fixes on us a responsibility which clings to us through life. We deceive ourselves if we think to get rid of any portion of this responsibility by entering into partnership with others, each one of whom brings into the concern the same rights, the same duties, and the same responsibilities;--neither more nor less than ourselves. We do but multiply, and divide again by the same number. Each receives, by way of dividend, the same amount of right, duty, and responsibility that he carried into the common stock. Of so high a nature are these, and so vast are the interests with which they are connected, that it has been truly said, that, whether we mount the hustings or go to the polls, we may well tremble to give or to receive the power which is there conferred.

Gentlemen; if these ideas be just, how important is the duty imposed on me by that statute of the college which requires me to lecture on constitutional law! How desirable is it that there should be every where schools, in which the youth of our country should be thoroughly imbued with correct opinions and just sentiments on this subject! It was Agesilaus, I think, who said that "the business of education was to prepare the boy for the duties of the man." How pre-eminently important, then, must be that branch of education which is to qualify him to perform this highest of all social duties, and to bear worthily his part in that relation which has been characterized as "a partnership in all science, in all art, in every virtue, and in all perfection; a partnership, not only between those who are living, but between those who are living, those who are dead, and those who are yet to be born."

These striking words, which are from the pen of the celebrated Edmund Burke, call to mind the high testimony which he has borne in favor of the study of the law, as a school of political rights. After having acted an important part in procuring the repeal of the stamp act, he made his last effort in favor of the rights of the colonies, in March, 1775. On that occasion, laboring to dissuade the British parliament from pushing America to extremities, he descanted on the love of freedom, which he pronounced to be the predominating feature in the character of our fathers. The prevalence of this passion he ascribed to a variety of causes, none more powerful than the number of lawyers, and the familiarity of the people with the principles of the common law. His ideas I will give you in his own words, for it is only in his own words that his ideas ever can be fittingly expressed.

He says, "In no country perhaps in the world is the law so general a study. The profession itself is numerous and powerful; and in most provinces it takes the lead. The greater number of the deputies sent to the congress were lawyers. But all who read, and most do read, endeavor to obtain some smattering in that science.... This study renders men _acute_, _inquisitive_, _dexterous_, _prompt in attack_, _ready in defence_, _full of resources_. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; _here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance, and snuff the approach of tyranny in every tainted breeze._"

Such, young gentlemen, is the important and useful influence which the study of our profession enables its members to exert. But if, instead of preparing their minds by this study, the very men to whom the people look up for light, do but provide themselves with a few set phrases contrived to flatter and cajole them, what but evil can come of it?

"The people can do no wrong." Why! this if but what all sovereigns hear from their flatterers. In one sense, it is indeed true of both, for there is no human tribunal before which either king or people can be arraigned. But neither can make right and wrong change places and natures.

"_Vox populi, vox Dei._" "It is the voice of God." {153} So said the Jews of the impious Herod. But the judgments of the insulted Deity showed how mere a worm he was; and _his_ judgments are not limited to kings, nor withheld by numbers. We may preserve all the outward forms of freedom, the checks and balances of the constitution may remain to all appearance undisturbed, and yet he who can "curse our blessings" may give us over to all the evils of despotism, if we do not "lay to heart" the high duties of that freedom wherewith he has made us free.

I am sensible, young gentlemen, that, to many, these ideas will not be acceptable. And for an obvious reason. "Men like well enough," it is said, "to hear of their power, but have an extreme disrelish to be told of their duties." Yet in a government of equal rights, these are strictly correlative. The rights of each individual are the exact measure of the duties which others owe to him, and of coarse, of those he owes to others. This is so obviously true, that it needs but be stated, to be recognized at once as a man recognizes his face in the glass. But _he_ "goeth his way, and straightway forgetteth what manner of man he was." Let not us do likewise.

But there is another reason why many will hear with impatience of the difficulties attendant on the proper discharge of duties, which are too often made the low sport of a holiday revel. None can deny the truth and justice of the remarks already quoted from Mr. Blackstone; but few, I fear, are willing to bring them home, and to acknowledge the necessity of such severe preparation to qualify themselves to exercise the franchises of a citizen. Let me hope, young gentlemen, that you will view the matter in a different light, and go to your task with the more cheerfulness, from the assurance that you will thus be qualified to derive a blessing to yourselves and to your country, from the discreet and conscientious exercise of a privilege, which others, from a want of correct information and just sentiments, so often pervert to the injury of both.

Before I conclude, give me leave to offer a few remarks on a subject in which every member of the faculty has an equal and common interest. If there be any thing by which the University of William and Mary has been advantageously distinguished, it is the liberal and magnanimous character of its discipline. It has been the study of its professors to cultivate at the same time, the intellect, the principles, and the deportment of the student, laboring with equal diligence to infuse the spirit of the scholar and the spirit of the gentleman. He comes to us as a gentleman. As such we receive and treat him, and resolutely refuse to know him in any other character. He is not harassed with petty regulations; he is not insulted and annoyed by impertinent _surveillance_. Spies and informers have no countenance among us. We receive no accusation but from the conscience of the accused. His honor is the only witness to which we appeal; and should he be even capable of prevarication or falsehood, we admit no proof of the fact. But I beg you to observe, that in this cautious and forbearing spirit of our legislation, you have not only proof that we have no disposition to harass you with unreasonable requirements; but a pledge that such regulations as we have found it necessary to make, _will be enforced_. If we did not mean to execute our laws, it might do little harm to have them minute and much in detail on paper. It is because we _do_ mean to enforce them that we are cautious to require nothing which may not be exacted without tyranny or oppression, without degrading ourselves or dishonoring you.

The effect of this system, in inspiring a high and scrupulous sense of honor, and a scorn of all disingenuous artifice, has been ascertained by long experience, and redounds to the praise of its authors. That it has not secured a regular discharge of all academical duties, or prevented the disorders which characterize the wildness of youth, is known and lamented. But we believe and know, that he who cannot be held to his duty, but by base and slavish motives, can never do honor to his instructers; while we are equally sure that such a system as keeps up a sense of responsibility to society at large, is most conducive to high excellence. We think it right, therefore, to adapt our discipline to those from whom excellence may be expected, rather than to those from whom mediocrity may barely be hoped. Such a system is valuable too, as forming a sort of middle term between the restraints of pupilage and the perfect freedom and independence of manhood. Experience shows that there is a time of life, when the new born spirit of independence, and the prurience of incipient manhood will not be repressed. They will break out in the _airs_ or in the _graces_ of manhood. Between these we have to choose. The youth of eighteen treated as a _boy_, exhibits the _former_. Treated as a _man_, he lays aside these forever, and displays the _latter_. This system is thus believed to afford the best security against such offences as stain the name of the perpetrator. Of such our records bear no trace; nor is there, perhaps, a single individual of all who have matriculated here, that would blush to meet any of his old associates in this school of honor.

May we not hope then, young gentlemen, when so much is trusted to your magnanimity, that the dependence will not fail us? May we not hope, when we are seen anxious to make our relation, not only a source of profit, but of satisfaction to you, that you will not wantonly make it a source of uneasiness and vexation to us? I persuade myself that you, at least, commence your studies with such dispositions as we desire. If this be so, there {154} is one short rule by which you may surely carry them into effect. "_Give diligent attention to your studies._" This is the best security against all unpleasant collision with your teachers, and against that weariness of spirit which seeks relief in excess or mischief. It carries with it the present happiness, which arises from a consciousness of well doing; it supplies that knowledge which encourages to farther researches, and renders study a pleasure; it establishes habits of application, the value of which will be felt in all the future business of life; and lays the foundation of that intellectual superiority by which you hope to prosper in the world, and to be distinguished from the ignoble multitude who live but to die and be forgotten.

_Williamsburg, October 27, 1834_.

For the Southern Literary Messenger.

THE MARCH OF MIND.

"_Tempora Mutantur._"

The present is emphatically the age of useful invention and scientific discovery; and it is the peculiar good fortune of the present generation, that the indefatigable labors of a few gigantic minds have opened to it new and expanded sources of enjoyment, by the development of principles which have long eluded the grasp of philosophy, and by their practical application to the most ordinary affairs of life. Men are not now bewildered by the imposing mysteries in which scientific truth has been so long enveloped; nor are they deterred from a bold investigation into the solidity of theories and hypotheses, by the studied ambiguity of phrase in which the votaries of learning have veiled them. They have learned properly to appreciate the fallacy of those abstruse speculations and metaphysical researches, into which so many thousands, in pursuit of some vain chimera, have been inextricably involved--and have erected the standard of _utility_ as that alone by which all the lucubrations of moonstruck enthusiasts, and all the experiments of visionary projectors are to be rigidly scanned and tested. The practical benefits which have resulted from the rapid march of mind, are to be seen in the application of steam to the propulsion of boats, and in the innumerable rail roads, canals, and other stupendous improvements, which have developed the resources of this extensive country, and multiplied the blessings so bounteously bestowed upon it by providence. But in the first glow of astonishment and exultation which these have excited in the minds of men, numerous beneficial changes of minor importance have followed the march of intellect, which from their comparative insignificance, have almost escaped observation.

Formerly, the professors of the complex sciences of law, medicine, and divinity, were regarded as exalted by their attainments, to an immeasurable height of superiority over the mass of mankind, because they shrouded the truths and principles of science from the vulgar eye, by a veil of unintelligible jargon and grandiloquent technicalities, entirely above the ordinary powers of comprehension. Years of laborious and incessant toil were requisite to master the hidden complexities of those venerated and "time-honored" professions; and he, who with martyr-like resolution and unwearied perseverance, devoted his time and talents to their attainment, was regarded by the "_vulgus ignobile_" with sentiments of respect and admiration, nearly approaching to the idolatrous reverence of a Hindoo, for the fabled virtues of his bloody Juggernaut. But the illusion has at last been dispelled by the refulgent light of truth, and those illustrious individuals, the Luthers of the age, who have stripped these hoary errors of the veil which concealed their enormity, may with merited exultation and triumph exclaim, "_Nous avons changé toute cela!_" The art of economising time has been simplified, and subjected to the grasp of the most obtuse intellect; so that a science which formerly required years of intense and unremitted study, united with long experience and observation, is now thoroughly understood and mastered in a fortnight! So rapid indeed has been the march of intellect, sweeping from its path obstacles heretofore deemed insurmountable, and scaling the most impregnable fortifications of philosophy, with a force no less astonishing than irresistible, that many of our most profound adepts in the "glorious science" of the law, are (_mirabile dictu!_) at once initiated into all its mysteries by a single perusal of "Blackstone's Commentaries" and the "Revised Code!" instead of toiling his way up the steep ascent of fame by consuming the midnight oil, by exploring the dark and forbidding chambers of the temple of law, dragging forth truth from the musty volumes of antiquity, and searching the origin of long established principles. Among the feudal customs of our Saxon progenitors, a man may now become "like Mansfield wise, and Old Forster just," by one month's attendance at the bar of a county court! At the expiration of that period, he can rivet an admiring audience in fixed attention, by the strains of Demosthenian eloquence, in which he asks if "the court will hear a motion on a delivery bond?" And will astound some illiterate ignoramus, by the consequential pomposity with which he prates of "contingent remainders," "executory devises," and all the labyrinthian subtleties of nisi prius! No one will then contest his right to perambulate the streets, with all the ostentatious dignity of a man "learned in the law," and to parade before the eyes of the admiring rabble, his colored bag of most formidable dimensions,--albeit, it may be filled with cheese and crackers to stay his stomach in the intervals of business.

But the inappreciable benefits which the "March of Intellect" has showered upon mankind, are easily discovered by referring to the stupendous revolutions it has achieved, not only in the science of law but in divinity, medicine, education, manners, and morals. Men do not now venerate the ancient fathers of the church for the profound erudition and wonderful acquirements displayed in those ponderous tomes which now and then greet the eyes of the bibliopole, exciting the same degree of astonishment as the appearance of a comet illumining the immensity of space with its brilliant scintillations, or some _lusus naturæ_ like the Siamese twins. Far from it. Modern philosophers have discovered the inutility and absurdity of wading through the voluminous discussions of controversial theologists, and tracing the origin of some religious dogma or doctrinal schism, which has for ages furnished these pugnacious wiseacres with food for inquiry and research. Instead of {155} wasting the time necessarily consumed in these ridiculous studies, men who formerly might have dragged out their lives in the vulgar vocation of a tailor, a butcher, or a hatter, spring forth in a single week armed cap-a-pie to defend their religion from the unhallowed assaults of infidels, and amply qualified to expound the sacred texts, and deal out damnation with the indiscriminate prodigality of a spendthrift, for the first time cursed with the means of gratifying his extravagant propensities.

Formerly too, the most attentive and patient observation of the progressive development of the mental faculties of a child were necessary to enable a parent to adapt his education to the sphere of life in which nature had destined him to move. Innumerable obstacles were to be encountered in tutoring his mind to the comprehension of the profession for which he was intended; and, perhaps, after years of incessant toil and intense parental anxiety, the young stripling blasted all the hopes of his kindred, by either becoming the hero of a racefield or the magnus apollo of a grog shop, or distinguished his manhood by the puerile follies of youth, or the incurable stupidity of an idiot. But the "March of Mind" has obviated or removed all these difficulties, by the discovery of the renowned science of phrenology. A parent, in this blessed age of intellectual illuminism, may by an examination of certain craniological protuberances, ascertain with mathematical exactness, whether his child is a hero or a coward, a philosopher or a--fool; and may regulate his education in conformity to the result. The safety and well being of society, too, is thus encompassed with additional safeguards, which will effectually protect it from those evils which have heretofore been only partially suppressed by legislation. If any ill favored monster of the human species happens to have the organ of destructiveness largely "developed," (_ut verbum est_) and not counteracted by any antagonist organ,--all the murders, rapes and thefts which he is morally certain to perpetrate,--with their attendant train of want, calamity and ruin, may be at once prevented by hanging the scoundrel in terrorem, as a kind of scarecrow to all evil doers. A desideratum in political economy will thus be also attained. The accounts of those "caterpillars of the commonwealth," clerks, sheriffs, lawyers, _et id omne genus_, who swarm around the treasury in verification of the old maxim of Plautus, "_ubi mel, ibi apes_,"--(Anglice--Where there is money, _there_ are lawyers,) are balanced without the payment of a cent; for it is obvious that there is no necessity for all the tedious formalities of a trial at law, the guilt of the murderer being already ascertained and summarily punished by this _preventive_ justice, and the commonwealth of course exempted from the expense of a prosecution.

It would require a volume to enumerate all the advantages which have resulted from the discovery of this science. But even these are about to be quadrupled by the successful experiments recently made in the immortal and euphoniously titled science of phrenodontology, by which a man's _grinders_ are regarded as the unerring indices of his habits, manners and propensities; and should these last be of an evil nature, they can be entirely eradicated by the extraction of such of the _incissores_ as indicate their existence. There is no necessity whatever of inculcating self denial, regular habits, fortitude and virtue, to correct the depravity and vice of any individual. Only knock out his teeth, (or as that method is somewhat too summary,) have them extracted _secundum artem_ by a dentist, and you instantly metamorphose him into a paragon of moral purity!

But one of the principal benefits of the "March of Mind," is the salutary reformation effected in the opinions of mankind, in relation to numerous important subjects. All those low and grovelling ideas which once tenanted the crania of our honest yeomanry as to the education of their children, have now evaporated into thin air. Instead of tying their sons to a vulgar plough, bronzing their visages to the complexion of an Indian, as was formerly the absurd practice, they are now transplanted into the genial hothouse of a town life, where they are soon installed in all the fashionable paraphernalia of tights, dickey, and safety chain; and astonish their honest old dads by the dexterity with which they flourish a yardstick, and by the surprising volubility with which they can chatter nonsense, _a la mode du bon ton_. I have often been enraptured with the incontrovertible evidence of the "March of Mind," when I saw one of these praiseworthy youngsters, with his crural appendages, cased in a pair of eelskin inexpressibles, and his nasal adjunct inflamed to that rubicund complexion which Shakspeare has immortalized in the jovial Bardolph, quiz a country greenhorn, and _cul_, in the genuine Brummel style, some vulgar, lowborn, mechanic acquaintance, who insolently aspired to the honor of a nod! The improvement too, in the education of our young ladies, is "confirmation strong as proof of holy writ," of the rapid and resistless march of science and intellect. With a precocity of talent which would have absolutely dumbfoundered a belle of the olden time, they now arrive at full maturity at the age of thirteen; when

"My dukedom to a beggarly denier,"

they can out-manoeuvre the most consummate coquette of fifty! They perfect their education with almost the rapidity of light; and prattle most bewitchingly in French or Italian, before their pretty mouths have been sullied by their vulgar vernacular. The odious and despicable practice of knitting stockings and baking pies, fit only for a race of Goths in an age of Vandalism, has been inscribed with "_Ilium fuit_," and is now patronised only by the rustic _canaille_, who still adhere to the horrid custom of rising at the dawn of day and attending to household business. Their proficiency too, in the science of diacousticks, or the doctrine of sounds, is truly amazing--and the whole _posse comitatus_ of foreign fiddlers, jugglers, and mountebanks who kindly condescend to instruct them in music, (as they facetiously term it) are often thrown into raptures by the ease with which they produce every variety of noise on a piano, from the deafening roar of a northwester to the objurgatory grunt of a Virginia porker, unceremoniously ousted from his luxurious ottoman of mud!