INTRODUCTORY ADDRESS
TO THE LAW CLASS OF LEXINGTON
DELIVERED IN THE
OCTOBER 31, 1849
BY
LEXINGTON:
PRINTED AT THE "GAZETTE OFFICE"
---- 1849
LECTURE:___
Gentlemen,---
I know that you will do me the justice to believe, my young
friends, that I have not undertaken the task of instructing you in the
noble, but most difficult, comprehensive, and complicated science of
jurisprudence, without being profoundly impressed with a conviction
of the meagre qualifications I can bring to execution of my task. A
position which in time past was adorned with the lucid arrangement and
classical elegance of a Blackstone, the profuse and varied learning of
a Story, the severe simplicity and chaste eloquence of a Kent, and the
almost intuitive sagacity and proverbial acuteness of a Tucker, cannot
be occupied by a less gifted intellect without danger of incurring the
imputation of arrogance and presumption. But these great luminaries of
the judicial world no longer blaze through the heavens, and it is in the
order of nature that secondary planets should appear above the horizon to
reflect a portion of their intenser light upon the youthful votaries
of the science they illustrated and illumed. When it is remembered too,
that these eminent teachers were the pioneers in the great work of
methodizing and reducing to symmetry, the immense and confused mass of
legal lore, to decompose and master which had required
"the lucubrations of twenty years:",
that the splendid results of their labors are before
us in those admirable treatises, which have relieved the science to which
we will henceforth dedicate our best energies of much of its perplexity,
and made its rugged places smooth: when it is remembered that their
works live after them, and that the clear light of their great minds
now shines full upon our path: when I remember these things, I dare
cherish the hope that the earnest efforts to serve you, of one even so
humble as myself, may not be altogether unavailing. Excluded as I am by
my official position from participation in the exciting contests of
the Bar, I have dared to hope that I might yet render myself useful in
another, albeit a more quiet sphere, and the generous confidence in my
capacity to serve you, with which you have honored me by your attendance
here, assures me that this hope may yet be realized. Every man is under
a high moral obligation to render himself useful, to the greatest
practicable extent, in the sphere, be it humble or exalted, which Providence
has allotted most to him, and I honor the memory of Henry IV, of Portugal,
for nothing more than for those noble words he caused to be engraved on
his escutcheon: "The talent to do good--the only talent
worthy the ambition of Kings and Princes." I own that I feel the deepest
solicitude for the success of my new enterprize, and I will confess, too,
that there have been moments when I have shrunk back appalled by the
magnitude of the task I had undertaken. But these gloomy forebodings are
no longer indulged. The hideous phantom of grim despair, which sometimes
came athwart the field of my mental vision to dash my cherished hopes,
has been driven back to its dark cavern, and I enter to-day upon
my new career with a cheerful, hopeful spirit, inspired by an enthusiastic
love of the profession we have adopted, and a resolution to triumph over
every difficulty which may beset my path. Such a spirit, my young friends,
is the great secret of success in every profession and pursuit of life.
Under its guidance, even moderate natural abilities will achieve, not
success alone, but eminence, while without it, the most brilliant
endowments of genius will but serve to make the failure of the possessor
the more conspicuous. The fable of the
hare and the tortoise will find a
ready application in living examples, which the observation of the most
youthful among you will at once supply. Let us not anticipate that it may
be hereafter illustrated by examples drawn from the very small number whom
I now address! If there be any young man present, who has persuaded
himself, that the vivacity and brilliancy of his genius will suffice to
win for him an honorable position at the Bar without constant and severe
application, let him banish the mischievous delusion from this hour. Think
not that I am disposed to underate the importance of fine natural
abilities. These are certainly necessary to enable a man to shine in the
highest walk of his profession. I admire as much as any man, the splendid
gift of genius, and not to me belongs the invidious task to attempt to
chill its generous aspirations, or check its heavenward flight. I bow
at its shrine with fervent devotion, and no word of mine shall clog its
soaring pinions. The noble profession you have embraced will afford "verge
and scope enough" for the fullest exercise of its most exalted powers. But
what I do mean to say is, that unless the natural abilities which God
has given us, how vast soever they be, are improved and developed by
unflinching and persevering study, they will be wholly valueless to
their possessor. It is the combination of genius with labor that achieves
success, and he who expects to win it otherwise, struggles against an
irreversible decree of Providence. Vainly may genius essay to reach the
stars unless patient toil shall sit down beside her, and plume her pinions
for her ambitious flight. Whose genius more splendid than
Lord Mansfield's?
But genius alone would never have carried "the eloquent Murray" to the
Chief Justiceship of England. Posterity would have known nothing of his
genius had not labor made it immortal. Joseph Story was a man of most
commanding genius, but his numerous great works on almost every branch of
the law, are so many monuments to his ability. Was William Wirt a man of genius? Go view those sparkling gems of thought which his chastened fancy scattered profusely over his fascinating pages, and deny, if you can, that he was one of her most favored sons! But think you that these beautiful creations were produced without effort? No! they were carefully, painfully elaborated during the hours of solitary study, and, rely upon it, the exquisite pictures he drew of the blind preacher of Orange, and of the temptation and fall of Blenherhasset, did not assume their form of perfected loveliness, till the conceptions of genius were softened and refined by laborious art. But why, it may be asked, need I cite examples to illustrate so obvious a truth as that labor is necessary to excellence? It is because obvious as it may be, nothing is more difficult than to impress a realizing sense of it upon the sanguine mind of youth, and if I shall have succeeded in dislodging a dangerous delusion from the mind of any one of you I shall feel that the chief obstacle to his success has already been removed. It will be expected by you, gentlemen, that I should avail myself of the occasion to furnish you with an outline of the plan of instruction I propose to adopt. The shortness of the time which has elapsed since I conceived the purpose now about to be executed, and the pressing demands of public duties during even that short interval, have rendered it wholly impossible that I should have prepared a full course of original lectures, on the various branches of the law you will study here. But to say the truth, I am well convinced that had time and opportunity served, the adoption of such a plan would have been unwise. In the present advanced stage of the science of law, a course of written lectures would be, for the most part, a mere compilation of the materials furnished by the masterly treatises of the Authors already referred to, and others embraced in your course. These M.S. lectures could not be studied in your retirement, unless a copy could be furnished to each of you, and it would be quite idle to expect that the student should thoroughly comprehend and digest a long lecture from merely hearing it read from the professor's chair. The utter impossibility of doing so, would naturally beget a spirit of listlessness and indifference on the part of the student, which would preclude all rational hope of profit. I have been confirmed in this view of the subject, by the opinion of a distinguished judicial friend, whose ample experience and eminent success in training young men for the Bar, entitle the suggestions he has kindly favored me with, to the most respectful consideration. I will therefore assign you, at each meeting a suitable portion of the text to study during the interval between that and our next meeting, when a thorough and rigid examination on the assigned portion will be instituted. This is what is termed the catechetical system of instruction, which is now very generally adopted in our schools of highest repute. But it must not be supposed that my duties will be limited to the mere business of a catechist. Very far from it. It will be my duty to amplify the text by oral explanations of such as may be too obscure to be readily comprehended by the student, and to furnish familiar practical illustrations of the abstract proposition propounded by the author. Wherever, too, the positions of the author have been overthrown by subsequent adjudications, the error will be corrected by reference to those later decisions. In this connection it is proper to say that a new civil code has recently been adopted by the Legislature of Virginia, introducing many important changes in our municipal law. This new code is now in the press, and will be published during our course. When it is received, the innovations on the existing law will be carefully noted, and pointed out to the class. Some of you, gentlemen, have already made considerable progress in your legal studies, while others will read their first page of law under my supervision. This will induce the necessity of dividing you into two classes, which I propose to meet alternately on every day during the week: and this system will be pursued throughout the entire course. The text books I have prescribed for each course, will give to each class very full occupation, but past experience in a similar school, shews that it is perfectly practicable for the student to "read, mark, and inwardly digest" them during our five months course. Another part of the system I have adopted, and which I have no doubt you will find both interesting and instructive, is the establishment of a moot court during the last two months of the course. Regular pleadings will be prepared, presenting interesting issues for our discussion, and I have the pleasure to say that an accomplished Clerk has kindly offered to superintend the clerical department of our mimic court. These meetings will be held once or oftener during each week, as experience may shew to be the most expedient. I propose, also, to deliver at the close of the course, a few lectures on the civil, criminal, and admiralty jurisdiction of the Federal courts. In the execution of this portion of my scheme, I shall draw largely on the valuable treatise on these subjects which Judge Conkling has given to the profession.
This brief outline of my contemplated scheme of instruction will suffice
to shew that its faithful execution will exact unremitted toil both from
myself and you. I will not permit myself to doubt that you will zealously
second my poor efforts to render myself useful to you. While I have
endeavored to impress upon your minds the need you will have of systematic
and unwearied study, I have felt it to be my grateful duty also to hold
up to your contemplation the splendid rewards which surely await
the successful competitor for the highest honors of the profession.
While faithfully pourtraying the difficulties attending the acquisition
of a profound knowledge of law, I have not failed, looking through
the long vista of intervening obstacles, to point you to that lofty
eminence,
But, gentlemen, you must not so far deceive yourselves, as to suppose that when you have passed through a course of diligent preparatory study, your work will already have been accomplished. No, no! your difficulties then will have but fairly commenced. Unless you are singularly aided by fortuitous circumstances, each one of you must expect to serve a long probation after you are called to the Bar, a lawyer without clients. What though you are subjected to the mortification of seeing competitors every way your inferiors, outstrip you in the race for professional distinction? Must you therefore despair that your merits will ever by appreciated? Perish the coward thought! Turn to the history of the early professional career of Chapman Johnson, over whose recent grave the tears of his admiring countrymen have just been shed, and learn that even so mighty an intellect as his will not always command success at first. Turn again to that history, and you will learn that such intellectual powers as his, cultivated and enlarged by careful study, will ever come off conquerer at last! My friends, such a splendid example as this speaks an encouraging language to you, and if, hereafter, the light of hope is in danger of being quenched in your fainting hearts, I charge you remember this impressive history, and believe, that if you are doomed to endure the bitter disappointments and annoyances which were wont to vex his generous spirit, the splendid triumphs he afterwards acheived may also await you. From the moment that you enter upon your course of legal study until you find yourselves engaged in a full practice, you are in the true seed time of your professional life. Imitate, then, the wise husbandman, who has learned from experience, that the only rational hope of reaping an abundant harvest, lies in the deep and thorough cultivation of his soil, and the careful selection of his seed. Carry out this policy, and you will live to know that like him you may safely trust to a beneficent Providence to send propitious seasons for developing and maturing your crops. When you shall come to the Bar make it an inflexible rule to be always found during business hours in your offices. 'Tis a homely, but wise proverb--"Keep your shop, and your shop will keep you." Adopt the sound counsel of Mr. Warren, who tells you that if you expect to secure success, you must be content to imitate the pearl divers of the East: you must disappear from the surface that anon you may re-appear bearing in your hand the priceless pearl of professional reputation. You must learn to bide your time. Sooner or later the occasion will arise when you will appear before the dread tribunal of the public. Let us suppose that the time for the trial of your strength has now arrived. You are called to participate in the management of a cause which excites a profound public interest. A natural curiosity is felt to hear the maiden speech of the young lawyer! People have scarcely yet learned to look upon you as a man. Little is therefore expected of you, but you have had time for preparation, and you have used it well. You have anticipated every possible phase which the case can assume, and you are ready with your authorities to sustain all your positions. The eager crowd closes around you. They listen with surprized delight at the display of your learning and ingenuity, now enraptured with your splendid bursts of indignant eloquence, now melted into pity by some master stroke of touching pathos. With what a greedy ear they drink in those "words that burn, those thoughts that breathe!" You sit down overpowered by your own emotion. An audible murmer of approbation runs through that delighted throng! The cause is ended, the victory is won! Clients now pour in upon you, who before had none. You have made a great impression. Your reputation is now established on a firm basis, and the voice of hissing envy shall not retard your onward march. My friends, this is no fancy sketch. We are told by Mr. Butler in his "Reminiscences," that a celebrated English lawyer of the last century had said, that so sudden was his rise at the Bar, that he never knew the difference between having no income at all, and one of £3,000 sterling a year. A single great speech had established his reputation on an imperishable foundation. Who shall say that a like brilliant destiny may not be reserved for some of you, in the unwritten history of the future? You have gratifying evidence, Gentlemen, that our enterprize is regarded with especial favor by this community, in the large attendance of the citizens of Lexington in this Hall to-day. A still more unequivocal evidence of that favor is found in the fact that the President and Directors of this venerable Institution, have by an unanimous resolution granted us the daily use of this apartment, so suitable in all respects for our purposes. The citizens of our little village hail your arrival among them as an auspicious event. You came among them a few days since as entire strangers: they now greet you as friends. I know that you will not disappoint their reasonable anticipation that you will prove a valuable accession to their society. I know the high and honorable motives which have impelled you to come among us, and I feel the fullest assurance that our people will hereafter point to the first Law Class that ever assembled in Lexington as a fit model for the imitation of all their successors. |
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