Chapter LXXV: Act I: Scene 2. New York, towards the end of the summer of 1780 (6)

The first of these volumes contains all the papers and private and public letters of General Washington, which could illustrate either his character, or the history of the country, up to the commencement of the revolution. It is a portion of history highly interesting, especially to Virginians, and on which none but a doubtful light is shed from any other source. Here we have an authentic account of Braddock's war; a sort of war of which the readers of history have, in general, no idea but that which is drawn from romances and tales. It is a warfare which does not recommend itself to the imagination, by the "pride, pomp and circumstance" so interesting to those who "kiss my Lady Peace at home." But since the invention of gun-powder, there is no fighting which gives so much room for the display of prowess, courage, coolness and address, and in which victory is so sure to be the prize of these qualities. "Many a brave man," says Don Quixotte, "has lost his life by the hand of a wretch who was frightened at the flash of his own gun." Not so in Indian warfare. The man who is scared never escapes {593} but by flight. How should he? There he stands behind his tree, while at the distance of a few yards stands his enemy, watching with the eye of a lynx, with his rifle to his cheek, and ready to put a ball through any part that is exposed for a moment. To anticipate him; to get a shot at him; to draw his fire, and then drive him from his shelter, is a business in which success depends on steadiness, self-possession, and presence of mind, as well as dexterity and skill. He who _thus_ kills his man, _is_ a brave man; and hence, among the Indians, a display of scalps is a proof of courage never questioned. It was in this sort of warfare that Washington served his apprenticeship. It was there he learned to look danger steadily in the face, and to possess his soul in calmness amid the fiercest storm of battle. There is no such school. The _art_ of war is what a Martinet may learn. But the faculty of carrying that art into practice, of applying its rules in the crisis which shakes the nerves, and unsettles the mind, is only acquired by the "taste of danger." To him who possesses that, the rest is a school-boy's task.

The other four volumes of the work contain the papers relating to the war of the revolution. Such a body of evidence, so completely above all exception, can hardly be found on the subject of any other war. We are not sure that any historian has ever yet taken the time and pains to collate and digest the whole, and to deduce all the essential results. The means of doing so are here put in the hands of the public, and we may hope that some one qualified and disposed for the task will address himself to it, and furnish the world with a history at once succinct and accurate, in which references to authorities may stand in place of discussions. It is a fault of contemporary history that it is almost always given on partial and imperfect evidence, which is liable to be afterwards explained away, contradicted and falsified. It is not until some time after the event, that all the testimony is in the hands of the historian. That time has now come as to the American Revolution. A concise history may be now written with references to this work, which taken in connexion with it, will be more satisfactory and conclusive than any now in existence. But every one who pretends to acquaint himself with all that is most interesting, especially to Virginians, should secure a copy of this book.

Mr. Sparks has given us some interesting specimens of the sort of history that we contemplate. In his appendices he presents succinct narratives of the principal actions of the war, the accuracy of which, the reader has it in his power to test by the evidence in the body of the work. This is judicious and in good taste.

But after all, the great charm and value of this work is, that it is a cast from living nature, of the mind of "the noblest man that ever lived in the tide of time." We cannot dwell too much on the contemplation of his peculiar character. His high sense of moral worth, and the lofty aspirations of conscious greatness, looking out from behind the veil of genuine modesty and humility with which he delighted to shroud himself: the chivalrous and daring spirit ever champing on the curb of prudence, but never impatiently straining against it: the native fierceness of his temper, occasionally flashing through his habitual moderation and self-command; the promptitude and clearness of his conceptions, so modestly suggested, so patiently revised, so calmly reconsidered in all the intervals of action; all these qualities combined and harmonized by honor, integrity, and a scrupulous regard to all the duties of public and private life; all made "to drink into one spirit" all "members, every one of them in the same body," all working to the same end; _diverse_ yet _congruous_. What is there in the history of human nature, so grand, so majestic, so elevating to the heart and hopes of man?

That virtue, which is never selfish in its ends, and ever scrupulous in its choice of means, can rarely rise to a high place among the great ones of the earth, unless associated with a strength of wing which shall enable it to soar above those whose flight is unencumbered by the clog of self-denial. Virtue in high places is thus so rare a sight, that when we find it there, it so much engrosses our attention, that we are apt to overlook the faculties by which it rose. Men like, too, to delude themselves with the belief that their admiration is a tribute to virtue; that the honors and emoluments they bestow are given as the reward of virtue. Thinking thus, they think the better of themselves, and are ready to take at his word the man who disclaims any pretension to those more showy endowments which we reward for _our own_ sakes. So we cheat ourselves; and so we cheat our benefactors; not indeed of the fame _they_ prize most highly, but of that which glitters brightest in the eyes of the world. Look at that wonderful man, the blaze of whose glory pales even the "Julian Star" itself; before whose power all Europe trembled, and America crouched; and let us ask ourselves how far the extent of his achievements might have been curtailed, had he ever permitted himself for a moment to "forget the expedient in considering of the right;" and submitted to have his choice of means limited by any regard to the laws of war or peace, of man or God? His great maxim, that "in War, _time_ is every thing," was well illustrated by the success of one, who never lost a moment in working the complex problem of right and expediency. Compare the rushing, desolating tempest of his career, with the cautious march of Washington, picking his way with an anxious regard to duty, and ever watchful of his steps, lest he might tread upon a worm. Compare his abounding resources, all used without scruple, without reserve, with the scanty means of the champion of our freedom, rendered yet more scanty by his uniform care to do wrong to none, and never to soil his hand, his name or his conscience with any thing unclean.

The fifth and last of _these_ volumes brings down the war to March 1780. How many more there will be, Mr. Sparks himself does not know. He will go on with his selections until he shall have laid before the public all that he deems most valuable of the writings of General Washington. We trust that he will use discreetly and fairly his power over the purses of his subscribers, who have engaged to take the work for better for worse, be it more or less, at so much per volume. The price is so liberal as to afford a high temptation; but we hope Mr. Sparks will resist it. We should be sorry to see a work commencing so nobly, degenerate into a mere book-making job. We hope not to have the remains of the father of our country treated like those of an old horse, whose heartless owner never thinks he has got all the good of him, until his skin is sent to the tanner, his fat to the tallow-chandler, {594} and his bones to the soap-boiler. Such is the treatment which other great men have experienced at the hands of "their children after the flesh;" dishonored in their graves by the reckless and indecent publication of every thing to which their names could give a market value. Let us bespeak a more considerate and decorous use of the rich legacy left us by him whom we reverence as the "father of our liberties."

It is perhaps, beside the general purpose of our remarks, to extract a letter, illustrating a point in General Washington's character, of which we have said nothing. That he was stern, and that he seemed cold we know. It is equally certain that he was kind, courteous, and tender, and it is delightful to see how eagerly his benevolence catches at an opportunity to pour balm into the wounds of an enemy. The following letter is found at p. 266, vol. 5.

"To Lieutenant General Burgoyne.

"_Head Quarters, March 11th, 1778_.

"Sir,--I was only two days since honored with your very obliging letter of the 11th of February. Your indulgent opinion of my character, and the polite terms in which you are pleased to express it, are peculiarly flattering; and I take pleasure in the opportunity you have afforded, of assuring you, that far from suffering the views of national opposition to be imbittered and debased by personal animosity, I am ever ready to do justice to the merit of the man and soldier, and to esteem where esteem is due, however the idea of a public enemy may interpose. You will not think it the language of unmeaning ceremony, if I add, that sentiments of personal respect, in the present instance, are reciprocal.

"Viewing you in the light of an officer contending against what I conceive to be the rights of my country, the reverses of fortune you experienced in the field cannot be unacceptable to me; but, abstracted from considerations of national advantage, I can sincerely sympathize with your feelings, as a soldier, the unavoidable difficulties of whose situation forbade his success; and as a man, whose lot combines the calamity of ill health, the anxieties of captivity, and the painful sensibility for a reputation exposed, where he most values it, to the assaults of malice and detraction.

"As your aid-de-camp went directly to Congress, the business of your letter to me had been decided before it came to hand. I am happy that their cheerful acquiescence in your request, prevented the necessity of my intervention; and wishing you a safe and agreeable passage, with a perfect restoration to your health, I have the honor to be, very respectfully, &c. &c."

In General Burgoyne's reply, he says: "I beg you to accept my sincerest acknowledgments for your obliging letter. I find the character, which I before knew to be respectable, is also perfectly amiable; and I should have few greater private gratifications in seeing our melancholy contest at an end, than that of cultivating your friendship."

How beautiful! How delightful is this exhibition of the best feelings of the heart, under circumstances which the ferocious and brutish use as a pretext for giving free scope to the worst! How truly does the poet sing!

"Fair as the earliest beam of eastern light,
When first by the bewildered pilgrim spied,
It smiles upon the dreary brow of night,
And silvers o'er the torrents foaming tide,
And lights the fearful path by mountain side:
Fair as that beam, although the fairest far,
Giving to horror grace, to danger pride,
Shine martial faith, and courtesy's bright star,
Through all the wreckful storms that cloud the brow of war."[2]

[Footnote 2: We implore the lenient judgment of our brethren of the craft of criticism on this long quotation. We know that it is not _selon les regles_ so to quote in a review. Besides it is trite as well as long. But what could we do, when our heart was full of the very sentiment which Scott has expressed so much better than we could? To our readers, not of the craft, we say "regard rather our precept, than our example."]

* * * * *

_The Italian Sketch-Book_. _Philadelphia: Key & Biddle_. This is a very handsome duodecimo, and presents more than ordinary claims to attention. It is the work of an American, and purports to be written during a sojourn at Venice, Florence, Naples, and Rome. The book is chiefly made up of sketches and descriptions of these world-renowned cities. It will be seen that there is nothing very novel in the subject, and the question naturally arises "Who has not already heard all that is worth knowing about Venice, Florence, Naples, and Rome?" But, notwithstanding the triteness of his theme, our American traveller has contrived to throw an uncommon interest over his pages. They are finely diversified with stories well-told, essays tending to illustrate points of local or social interest in Italy, and much descriptive writing which has all the force and fidelity of painting.

* * * * *

_Outre-Mer, or a Pilgrimage Beyond the Sea, by Professor Longfellow_, is a work somewhat in the same style, and equally well written throughout. "I have travelled"--says the Professor--"through France from Normandy to Navarre--smoked my pipe in a Flemish inn--floated through Holland in a Treckschuit--trimmed my midnight lamp in a German university--wandered and mused amid the classic scenes of Italy--and listened to the gay guitar on the banks of the Guadalquiver." The book before us is a kind of running comment on the text of his travels, and, as we have said before, has many of the peculiar traits which distinguish the Italian Sketch-Book. It is, however, more abundant in humor than that work, and is far richer in legend and anecdote. The Professor tells a comic story with much grace, and his literary disquisitions have always a great deal to recommend them.

* * * * *

_Voyage of the U.S. Frigate Potomac, under the command of Commodore John Downes, during the circumnavigation of the globe in the years 1831-32-33 and 34: including a particular account of the engagement at Quallah-Battoo, on the Coast of Sumatra_. _By J. N. Reynolds_. This is a thick volume of nearly 600 pages, well printed, upon good paper, with some excellent engravings, and published by the Harpers. Mr. Reynolds, the author, or to speak more correctly, the compiler, will be remembered as the associate of Symmes in his remarkable theory of the earth, and a public defender of that very indefensible subject, upon which he delivered a series of lectures in many of our principal cities. With the exception, however, of seven chapters, the matter forming the work now published is gleaned from the ship's journal, from the private journals of the officers, and from papers furnished by Commodore Downes himself. This fact will speak much for the authenticity of the details, and very valuable information scattered through the book. Mr. R. himself was not with the Potomac during the circumnavigation, having joined her in 1832 at Valparaiso. Our readers are, of coarse, acquainted {595} with the object of the Potomac's voyage, and with the outrage perpetrated by the Malays on the ship Friendship in 1831, which rendered it an indispensable duty on the part of our government to demand an indemnity. The result of this demand, and the action at Quallah-Battoo are graphically sketched by Mr. Reynolds. Every body will be pleased, too, with his description of Canton and of Lima. He writes well, although somewhat too enthusiastically, and his book will gain him reputation as a man of science and accurate observation. It will form a valuable addition to our geographical libraries.

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_The History of Ireland, by Thomas Moore, vol. 1_, in which the records of that country are brought down from the year B.C. 1000, to A.D. 684, has been republished by Carey, Lea & Blanchard. We intend a very high compliment to the bard of Paradise and the Peri, in saying that we think his prose very little inferior to his poetry. We have not forgotten Captain Rock and Fitzgerald. The Epicurean (a very anomalous Epicurean by the bye) is a model of fine writing. The Life of Byron, in spite of a thousand errors, both of the head and of the heart, and in spite too of its perpetually exciting our risibility at the expense of the little cockney biographer himself, is a book to be proud of after all, and should not be mentioned in comparison with a certain absurd tissue of maudlin metaphysics, attributed (we hope falsely) to Mr. Galt. And now, lastly, we have before us a specimen of Moore's versatile abilities, in as temperate, as profound, as well arranged, and in every respect as well written a history as Green Erin can either desire or deserve. Very truly, Anacreon Moore is, in our opinion, no ordinary man.

* * * * *

_Blackbeard, or a Page from the Colonial History of Philadelphia_. _Harper & Brothers, New York_. This book differs in many striking points from the ordinary novels of the day. The scene is laid in Philadelphia, and the author is largely indebted for many pictures of manners, things, and opinions in the olden days of the city of Brotherly Love to the "Annals of Philadelphia." We think these volumes will be read with interest in England, but as a mere novel they have very few claims to attention. The style is clumsy and embarrassed. The character of Oxenstiern is a piece of pure folly and exaggeration; while the atrocities of Blackbeard, which are intended to produce a great effect upon the mind of the reader, utterly fail of this end from a want of the _ars celare artem_ in the writer. The book may be characterized in a few words as odd, vulgar, ill-written, and interesting.

* * * * *

_Pencil Sketches or Outlines of Character and Manners_. _Second Series_. _By Miss Leslie_. _Philadelphia, Carey, Lea, & Blanchard_. This volume contains the Wilson-House--the Album--the Reading Parties--the Set of China--Laura Lovel--John W. Robinson, and the Ladies Ball. All these stories have been published before in different periodicals, and have been extensively copied and admired. Miss Leslie's writings have obtained her much reputation, both at home and abroad, and we think very deservedly. She is a lively and _piquante_ sayer of droll and satirical things; and has a way of showing off _à peindre_ the little weak points in our national manners. _The Gift_, an Annual, edited by Miss L. and published by Carey and Lea, will make its appearance in October. It will be splendidly embellished, and in literary matter, cannot fail of equalling any similar publication. Among the contributors will be found Washington Irving, Paulding, Miss Sedgewick, and a host of _stellæ minores_. It will also have the aid of Fanny Kemble's fine _countenance_, and very spirited pen.

* * * * *

_The American Quarterly Review for June_ has articles on National Music--Poetry of the Troubadours--Judge Story's Conflict of Laws--Immunity of Religion--Sigourney's Sketches--Memoir of Tristram Burges--Shirreff's Tour through North America--Fenimore Cooper--French Question--and Pitkin's Statistics. It includes also some Miscellaneous Notices. This is, upon the whole, one of the best numbers of the Quarterly which has been issued for some time. Most of the papers, however, are still liable to the old charge of superficiality. The _Poetry of the Troubadours_ is prettily written, and evinces a noble feeling for the loveliness of song. But it is _feeble_, inasmuch as it exhibits nothing of novelty, none of those lucid and original views, in default of the power to produce which, a writer should forbear to enter upon a subject so hackneyed. We depend upon our reviews for much of our literary reputation abroad, and we have a right therefore, as in a matter touching our national pride, to expect something of energy at their hands. They should build up a reputation of their own, and admit papers on no themes which can be found better treated elsewhere. In the article on _National Music_, among much sensible, and some very profound writing, there are occasional sallies which will not fail to startle many an European _literateur_, and some broad assertions which are very plausible and very unsusceptible of proof. For example. "It may be observed"--says the reviewer--"that, accustomed as we are to separate poetry and music, we must never forget that they were inseparable among the Greeks." This we know is a very general opinion--but, like some other passages in the review, should be swallowed _cum grano salis_. The _Immunity of Religion_ contains some animadversions on a sermon preached at Charleston in 1833, by the Rev. J. Adams, D.D. President of Charleston College. This whole paper is, in our opinion, a series of truisms from beginning to end, and the writer, in gravely deprecating the union of church and state, and the employment of force in matters of religion, forgets that he is insisting upon arguments which not one enlightened person in a million, at the present day, will take the trouble of gainsaying. The review of _Mrs. Sigourney's Sketches_ we really do not like. The harmony--the energy--the fire--the elevated tone of moral feeling--the keen sense of the delicate, the beautiful, and the magnificent, which have obtained for this lady the name of the American Hemans, have not found an echo--so it seems to us--in the unpoetical heart of her reviewer. But, because this is most evidently the case, are we to think of blaming Mrs. Sigourney?

The other papers are generally respectable. The most interesting, in our opinion, is that on Shirreff's Tour in North America.

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{596} _Life of Kosciuszko_.--The Foreign Quarterly Review for March 1833, contains a notice of the biography of Thaddeus Kosciuszko, by Charles Falkenstein, re-printed with additions and corrections during the last year at Leipzic. From the opinions expressed by the reviewers, we are led to believe that this work possesses great merit, and that opinion is strengthened by the copious extracts made in the review. Indeed the narrative of a life so filled up with romantic adventure and enthusiastic patriotism as that of Kosciuszko, could scarcely fail to excite great interest. The history of his life has a peculiar charm to Americans, from the association of his name and his achievements with the annals of our revolution. The recent struggle of the Poles for emancipation from the yoke of their barbarian master--its unfortunate termination--and the wretched enslavement of that generous people, which France and England tamely suffered to be sealed by the blood of her patriots, give to every portion of Polish history which relates to her many contests for freedom, a romantic interest. It is well said by the reviewer whose notice has made us acquainted with Falkenstein's work, that "There is in the Polish character a something of barbaric splendor and rudeness, of the very spirit of Orientalism, mingled with European education and refinement, an ardor of patriotic valor, alloyed by versatility, both no doubt heightened, if not produced, by the strange exciting, or rather distracting constitution of the old and truly republican monarchy of Poland,--combined with such a gay, light, mirthful gallantry--whence the Poles were once termed the French of the north--that all, blending together, give the nation a peculiar hold upon the imagination.... In fact what we have said of the Polish nation applies with peculiar force to the nation's champion, Kosciuszko. His whole life is a romance, and as such, is really quite refreshing in these matter of fact days of steam engines, rail roads and compendious compilations of cheap literature." We presume this book has never been translated; certainly we have never heard of it in an English form, and we were much interested in the summary of its contents given by the reviewer. Kosciuszko, was it appears, like many other great men, crossed in his first love. He attempted an elopement, was intercepted by the haughty parent of his lady love, when a sanguinary conflict ensued. Kosciuszko was wounded, and the lady dragged back to her paternal home. It was this unfortunate affair which caused his resignation of his commission in the Polish army, and induced him to cross the Atlantic and offer his services to our forefathers. We are told that he reached the new world utterly unprovided with letters of recommendation or introduction, and nearly penniless. His biographer thus described his first interview with Washington:

"'What do you seek here?' inquired the General with his accustomed brevity.--'I come to fight as a volunteer for American independence,' was the equally brief and fearless reply.--'What can you do?' was Washington's next question; to which Kosciuszko, with his characteristic simplicity, only rejoined, 'Try me.' This was done. Occasions soon offered, in which his talents, science, and valor, were evinced, and above all his great character was duly appreciated. He was speedily made an officer, and further distinguished himself."

The first acquaintance of Kosciuszko and Lafayette, (two men who resembled each other in many respects besides being pure and fearless and disinterested patriots and philanthropists) is thus described:

"He had not been long in America, when he had occasion to display his undaunted courage, as captain of a company of volunteers. Generals Wayne and Lafayette, notwithstanding the heat of the battle in which they themselves were fully engaged, observed with satisfaction the exertions of that company, which advanced beyond all the rest, and made its attacks in the best order.

"'Who led the first company?' asked Lafayette of his comrades, on the evening of that memorable day (the 30th of September).

"The answer was 'It is a young Pole, of noble birth, but very poor; his name, if I am not mistaken, is Kosciuszko.' The sound of this unusual name, which he could hardly pronounce, filled the French hero with so eager a desire for the brave stranger's acquaintance, that he ordered his horse to be immediately saddled, and rode to the village, about a couple of miles off, where the volunteers were quartered for the night.

"Who shall describe the pleasure of the one, or the surprise of the other, when the general, entering the tent, [would it not rather be a room or hut?] in a village, saw the captain, still covered from head to foot with blood, dust, and sweat, seated at a table, his head resting upon his hand, a map of the country spread out before him, and pen and ink by his side. A cordial grasp of the hand imparted to the modest hero his commander's satisfaction, and the object of a visit paid at so unusual an hour."

* * * * *

_Tocqueville's American Democracy_.--M. Alexis de Tocqueville, one of the commissioners sent to this country by the French government, to investigate the penitentiary system of the United States, and whose report on that subject met with much attention, has recently published an elaborate work under the title "De la Democratie en Amerique," 2 vols. 8vo. The work has not reached us, but from the extracts which we have seen in the northern journals, we are induced to believe that it possesses much merit, and presents the operations of our government in a novel and striking point of view.

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_German work on America_.--The first number of a work to be entitled "The United States of North America in their historical, topographical, and social relations," by G. H. Eberhard, is announced as forthcoming at Hildburghausen. The publishers declare their intention in this work, to "present a digested epitome of all that is worth knowing respecting the United States, combining the utmost completeness with accuracy and impartiality." The qualifications of Mr. Eberhard for the task he has assumed, are said to be ample.

{597}

SOUTHERN LITERARY MESSENGER.

Vol. I.] RICHMOND, JULY 1835. [No. 11.

T. W. WHITE, PRINTER AND PROPRIETOR. FIVE DOLLARS PER ANNUM.

PROFESSOR BEVERLEY TUCKER'S VALEDICTORY ADDRESS TO HIS CLASS.

The following correspondence and address have been sent us for publication, by the members of Professor Tucker's class at William and Mary College. We give place to them with pleasure, and commend the admonitions of the amiable and learned professor to all young gentlemen about to enter upon the practice of the law. The friendly and paternal spirit of his advice, gives an uncommon interest to this production, and shows that his have indeed been "labors of love."

WILLIAMSBURG, 5th July, 1835.

_Much Esteemed Friend:_--

I am requested, in the name of your class, to solicit you either to have your Valedictory Address published, or deliver it to us for that purpose. I sincerely hope for your compliance; and although our exercises for the present session have ended--although we no longer stand in the relation of students and professor--and notwithstanding we are about to part (some of us) perhaps forever, we _must hope_ that the _tie_ which has bound us together for the last eight months, instead of _weakening_, will continue to "_grow_ with our growth and strengthen with our strength," and that the day is _far_ distant when that union shall break. Go where we may, a fond recollection of your past services will be long cherished by us. We know the interest you _have_ felt, and still feel in our welfare, and I hope your exertions to promote the interest of those who have been placed under your care, are duly appreciated. You have done _your_ duty, and all that has been wanting must be charged to _us_. You have given us a chart by which to steer our political ship, and _should_ we succeed in stemming the current of opposition, may _you_ live to enjoy our triumph. Permit me now, in conclusion, to tender you our united sentiments of the highest esteem and respect.

WM. T. FRENCH.

* * * * *

WILLIAMSBURG, July 5, 1835.

_My Dear French:_--

I have great pleasure in complying with the request of my young friends, so far as to hand the lecture to the printer. I am not aware of any merit in it, such as your partiality sees, to justify me in permitting you to incur the expense of publication. But in that partiality and its source, I have more pleasure and more pride than I could have in any composition. Self-love will not permit me to believe that I possess the friendship of those who have been placed under my care without having deserved it. Self-love is "much a liar," but is always believed; and she could hardly tell me a tale more acceptable. To acquit myself faithfully and satisfactorily of the duties of a new and untried station, was the engrossing wish of my heart during the whole course. When I remember the manner in which my class went through their examination, and reflect on the pleasures of our intercourse, the marks of confidence which I continually received, and the affectionate feelings with which we part, I am sure I have not altogether failed. But I should be unjust to you, if I did not say that I am sensible how much your assiduity has done to supply the defects of my instructions.

May God bless and prosper you all, (for I speak to all,) and make your success in life not only honorable to yourselves and me, but to your friends and country. May each of you be a gem added to the bright crown with which the glory of her sons encircles the gray head of the venerable and _kindly_ old college. If ever there was a heart in walls of brick and mortar, it is surely there; and cold is he whose heart does not warm to it. In her name, once again I say God bless you.

Yours faithfully,

B. TUCKER.

* * * * *

ADDRESS.

Neither duty nor inclination will permit me to take leave of you, young gentlemen, without offering a few remarks, of general application to the subject of our late studies.

We part, perhaps to meet no more. Some of you go into the active business of life, some to pursue your researches under other guidance. To both alike, my experience may enable me to suggest thoughts, and to offer advice, which may be found of some practical value.

Whether your immediate destination is to the bar or the closet, you will alike find the necessity of continuing your studies. To give them such a direction as may be profitable and honorable to you, is my sole remaining duty.

There are many branches of the law which you will still find time to investigate at leisure. Many years will probably elapse, before you will be called to take the _sole_ management of any case involving valuable rights or intricate questions. The land law, and the perplexing minutiæ of chancery jurisdiction, will be of this description. When engaged in such cases, you will commonly find yourself associated with older and abler counsel, from whom you will then obtain, at a glance, more insight into these difficult subjects than I have been able to afford. Under such guidance, {598} you will have opportunities to investigate the law, with an eye to its application to your case. You will then see the practical value of the principles with which you have been made acquainted, and may execute your first tasks in that line, as successfully as if you were already imbued with every thing but that knowledge which nothing but study and practice combined can afford.

But though, in regard to matters of this sort, a general acquaintance with the grand principles of the law is as much as you can be expected to carry to the bar, there are other duties which you must assume, in a complete state of preparation. Let me particularize a few of these.

You will find it then of the utmost importance, to be thoroughly acquainted with the science of pleading. I have not concealed from you that the loose practice of our courts dispenses habitually with many of its rules, and has done much to confuse them all. But they still retain all their truth, all their reasonableness, and much of their authority. The courtesy of the bar will indeed save you from the consequences of any mistake you may make in the outset. But though this may screen your errors from the public eye, they will not escape the animadversion of your brethren. They will be prevented from forming such an estimate of your acquirements, as will lead them to recommend you to their clients, in the hope of obtaining from you valuable aid. It is by such recommendations that young men most frequently gain opportunities to make an advantageous display of talent, and an introduction into that sort of business which is, at once, a source of honor and profit.

It sometimes happens, (though, to the credit of the profession such occurrences are rare,) that a young man, on his first appearance at the bar, encounters adversaries who do not extend to him the forbearance which youth has a right to expect. He is taken at a disadvantage. His want of experience and readiness lays him open to a more practised opponent, who ungenerously strikes a blow by which his client is injured, and he himself is brought into disrepute. To him who is really deficient in capacity or acquirement, such an attack is sometimes fatal. To him who, on a fit occasion can retaliate on his adversary, it is of decisive advantage. Mankind are generally disposed to take sides with the weak and injured party, and to visit with their indignation any ungenerous abuse of accidental advantages. A young man therefore, thus assailed, is sure to have with him the sympathy of the profession and of the public. They look, for a time at least, with interest to his course. They are impatient to see him redress himself; and, until he has done so, all the rules of comity and forbearance which generally regulate the practice, are suspended in his favor. _He_ is free to take advantages of his ungenerous assailant, which, under other circumstances would be denounced as ungentlemanly. And they would be so, because they would be in violation of the covenanted rules of the profession. But between him and his adversary there is no such covenant. A state of war abrogates all treaties. It follows that all the maxims of courtesy which forbid any advantage to be taken of slips in pleading, do not restrain him; and he is free to hold the other up to all the strictness of the law. It is expected he should do so. If he does not, it is concluded that he does not know how. But if he has once carefully studied the science and made himself acquainted with its principles, he stands on strong ground, and sooner or later his triumph is sure. The older and more hackneyed his adversary, the greater his advantage; for it is true in law, as in morals, that evil practice vitiates the understanding. The _habit_ of loose pleading unsettles the knowledge of the rules and principles of pleading, and many nice technicalities are totally forgotten. There is not, for example, one old county-court lawyer in a hundred, who remembers that $100 means nothing in pleading, and that a declaration in which the sum should be no otherwise expressed, would be so bad as to make it doubtful whether even the sovereign panacea of our late Statute of Jeofails would cure it. But though _this_ be doubtful, there is no doubt that, on demurrer, it would be fatal. A demurrer then, being filed and submitted _sub silentio_, it is probable that such a defect would escape even the eye of the court. In that case a reversal of the judgment would be sure, and a triumph would be gained that would gratify the profession, and command the admiration of the multitude.

A thousand cases of the same sort might be suggested, where an old practitioner, though on his guard, (as he must be against one whom he has provoked to retaliation,) would, from a mere defect of memory, or the established influence of vicious practice, fall into blunders which would place him at the mercy of an adversary who has his learning more fresh about him. How many, for example, will remember where to stop the defence, in drawing a plea in abatement, or to the jurisdiction of the court? How many ever think of the necessity of entitling their pleadings? How many know how to take advantage of this defect, even when it occurs to them?

But though you should escape the attack of any illiberal practitioner, yet cases will occur, in which the nature of the controversy will require great accuracy in drawing out the pleadings to a precise and well defined issue. In such cases, no disposition to mutual or _self_-indulgence in the bar, can prevent the necessity of pleading correctly. In such cases, opportunities will be offered you of reciprocating the kindness of your seniors, by lending them the aid of your pen, and assisting them {599} to recall forgotten technicalities. The value of such aids will raise you in their esteem, establish you in their regard, and ensure you their good offices. Out of such circumstances grow alliances which are strength and honor to both parties. A well read young lawyer, associated with one of less learning but more experience, sagacious, vigilant, and versed in human nature and the established though irregular routine of business, is like the lame man mounted on the shoulders of the blind. Their powers are not merely united; they are reciprocally multiplied; they fall together habitually. Their joint success commands confidence and practice, and finally the fruit of all their triumphs enures to the benefit of the survivor.

But there is another point of view in which an intimate knowledge of the rules and principles of pleading is of permanent advantage, notwithstanding all the looseness which our practitioners habitually indulge. It has been well said, that "the record is the lock and key of the law." You will often find that without this interpreter, the ancient books are sealed to you. It is by this alone that you will sometimes be able to discover the point really decided. The concise notes of the old reporters taken for the use of those already familiar with the great principles and leading maxims of the science of pleading, are perfectly unintelligible to the mere sciolist.

It often happens too, that a lawyer undertakes a suit or defence which cannot be sustained, and thus involves his client in unnecessary expense. Such blunders would often be avoided by a ready familiarity with the science of pleading. The attorney has but to ask himself, "how shall I frame the declaration or plea?" and the answer shows him the impossibility of making good his case. He advises accordingly; and, though the advice be at the moment unpalatable, it will be afterwards remembered with gratitude and respect. No reproach is keener or more just, than that of a client who has been decoyed into expensive litigation by the rapacity of the disingenuous, or the blunders of the unskilful. A place among those whose advice may be relied on, is the safest and most honorable at the bar. It cannot be lost without some great error. It gives a lien on posterity. The father hands down to the son a respect for his constant and faithful adviser. Friend communicates it to friend; neighbor to neighbor. The showy qualities which are the gift of nature to others, are neutralized by it. The plain man, destitute of such endowments, becomes the patron, the dispenser of business and benefits to him whose eloquence shakes the court--commands his gratitude, secures his friendship, and, on all admissible occasions, makes this envied talent his own.

There is another subject on which an ever ready preparation is even more indispensable than on the subject of pleading. I mean that of _evidence_. On this, of necessity, we have touched but lightly. It would be properly, one of the principal subjects of a second course. To stop short between a cursory notice of it and a thorough investigation, such as we have not had time to make, might mislead the student. He might overrate his knowledge if he found himself as well acquainted with that as with other branches of the law; and supposing he had enough, might venture to the bar without acquiring more. But this is a topic of which a superficial knowledge will not do, even at the beginning. It must be understood perfectly; it must be understood distinctly; it must be wrought into the very texture of the mind, and ever present there. The occasions on which this knowledge is wanted, can rarely be anticipated. They start up like fire from the ground, and he whose information is not various, exact and ready, is liable to be disconcerted, embarrassed and disgraced. They often occur in those apparently plain cases, which the partiality of friends sometimes intrusts to the sole management of an untried lawyer. To be baffled, through want of skill in such cases, is to injure those who have sought to serve you. It mortifies and discourages your friends, and what is worse, it disheartens you.

You will be often employed too, to set aside an office judgment, and plead, _pro forma_, in a case admitting of no defence on the merits. In such a case, where nothing is expected, your adversary, however able, may be unprepared through some neglect of his client. Relying on your rawness and want of skill, he may venture to trial. You strike at the gap in his armor with the dexterity of a veteran; he is nonsuited, and your success is the immediate source of honor and emolument. You find yourself gazed at, followed, and employed by those who never saw you before, and who know nothing of you but that, in a plain case, admitting of no meritorious defence, you had just baffled one of the first men at the bar. The consequence is, you are presently engaged in business of more consequence, and if you acquit yourself well in it, your practice is established and your fortune made.

To these two subjects then, of pleading and evidence, I advise you to apply so much attention as to make you feel sure that you understand them thoroughly. Having done this, let them be again revised immediately before you go to the bar, and let them, in all the early stages of your practice, be the constant objects of your attention and study. You can never understand them too well, and your knowledge of the last especially, can never be too ready. It is by ignorance on these topics, that men lose causes they ought to gain. Such defeats are disgraceful and ruinous. When the right of the case is against you, it is your {600} misfortune; but you are never blamed. But to be defeated with law and fact both on your side, is to be weighed in the balance and found wanting.

And here let me say a word of the cases which you lose, because the law is against you. For these there is one short rule. "Though you lose your case, do not lose your temper." It is easy for a young man to argue himself into a conviction of the justice of his client's case; but if you do not make others see it too, you must learn to distrust that conviction. Remember that the argument which has convinced you, without convincing others, came to you through the favorable medium of self-love. A young man who doubts the justice of his first cause just after having argued it, must be either very dull, or very philosophical, or the case must have been utterly desperate. On the other hand, remember that the judge is rarely exposed to any undue bias. He can scarcely ever have a motive to do wrong; and he is a man of tried integrity, practised to resist and overcome the influence of such motives. Then remember that he is old, learned and experienced, selected from among his fellows for his endowments; and thus learn to acquiesce in his decisions with that cheerful complacency which so well becomes a young man, distrustful, as all young men should be, of his own judgment.

Above all things, never stimulate the dissatisfaction of your client. You tell him he is wronged. He believes you. _You_ blame the judge. _He divides_ the blame between the _judge_ and _you_. Was the judge prejudiced _against you_? Do not say so, or men will not employ you to practice before him. Was he ignorant? was he dull? was he inattentive? You had the same chance to awaken his attention, to rouse his dulness, to enlighten his ignorance, as your adversary. If you did not succeed, another might, and your client will try another the next time. Let him believe, if he can bring himself to do so, that he only failed because the law was against him, and there is nothing to prevent his trying you again. Better so, than to gratify him for the moment by catering to his evil passions, at the risque of injustice to another, and injury to yourself. Apart too from the injustice, prudence forbids that any blow be struck at men in power, which is not well aimed, and sure to take effect. He that throws up stones, endangers his own head. "He that spits against the wind," said Dr. Franklin, "spits in his own face."

There is another consideration to be regarded here. The profession is a _unit_. Its respectability depends on that of the head. It is an arch, of which the bench is the key-stone. Let them who should uphold it, withdraw their support, and all will fall together. Would you degrade the seat to which you aspire? Would you dim the lustre of that honor, which is to be the brightest reward of a life spent in the labors of your profession? Hardly more unwise is the youth, who would revoke the prerogatives of age, forgetting that he shall himself be old.

But there is a present advantage in a gentle and complacent acquiescence in the unfavorable decisions of the court. It engages the sympathy, the respect, and good will of all who witness it. Among others it bespeaks the regard of the judge himself. However impartial he may be, this will not be without its value. If he is seen to be your friend, men will employ you, in the _hope_ that his friendship may produce a bias in your favor. Your very enemies will serve you, by charging him with partiality, in the hearing of those who may wish to avail themselves of it by engaging your services. Besides, man is but man. We lean to conviction from those we love. Why else is the eloquence of a lovely woman so persuasive? We may man ourselves against prejudice; but the very effort to do so unfixes the attention, and the words of one who is odious to us are lost in air. But the voice of a friend is music to the ear, and sinks into the mind. He is a poor metaphysician who undervalues the influence of the affections on the very sense of hearing.

It is of great importance, in this point of view, that you should not misapprehend the relation between the bar and bench. A young man entering into life, is apt to magnify the consequence and authority of office; and he naturally falls into the belief that the incumbent is disposed to presume upon it, and abuse its powers. There can be no greater mistake than to apply this notion to a judge. The beautiful fiction of Law, by which the members of the profession are considered as brethren, of whom the judge is but the elder, hardly deserves the name of fiction. There is no corps animated by a spirit so truly fraternal, nor is there any member of it to whose comfort this spirit is so essential, as the judge himself. Few men attain to that elevation, without learning that the sanction of judicial authority is opinion. The judge is armed indeed with the process of contempt. But what is its true use? To conciliate the forbearance of others by his forbearance in refraining from the use of it. In this view, it is right that he should have it. But his comfort, his respectability, the very stability of his office are secured, not by the power that he _does_, but that which he does not exercise. Depend on it, among all the brethren of your profession, you will find none to whom your friendship will be so desirable as the judge himself.

Remarks of the same sort may be made with regard to your intercourse with the members of the bar. You will find them for the most part gentlemen and friends, disposed to lead you gently by the hand. Requite their courtesy in kind. If an advantage is taken of you, I have told you how to retaliate. You will have the whole {601} bar on your side. But such cases are rare. You will probably meet with nothing illiberal. None will crow at you until your spurs are fully grown. No sarcasm will be dealt out against you, unless by a junior like yourself. In such case, in general, pass it by. It will be thought that your self-respect restrains you from affording sport to the by-standers, and you will rise in the respect of others. Men naturally respect those who are seen to respect themselves. You may indeed be sometimes provoked to retort, by attacks which will make a retort necessary and proper. In that case, your previous habit of forbearance will stand your friend. It will dispose others to presume you to be in the right, and to approve your conduct. It will enable you to reflect; to do nothing rashly; to choose your words; to measure the force of your blow; and to strike without laying yourself open. To such rencounters apply the advice of Polonius to his son:

"Beware
Of entrance into quarrel, but being in
Bear it, that the opposer may beware of you."

If you are compelled to strike, let no second blow be necessary, and you will not soon be called to give another.