INTRODUCTORY ADDRESS

 

TO THE LAW CLASS OF LEXINGTON

 

DELIVERED IN THE

 

FRANKLIN HALL

 

OCTOBER 31, 1849

 

BY

 

JUDGE JOHN W. BROCKENBROUGH

 

LEXINGTON:

PRINTED AT THE "GAZETTE OFFICE"

----

1849


  FRANKLIN HALL, OCTOBER 31, 1849.
Esteemed Sir,---
   The Law Class, through us, their organs, desire to express their high admiration of the eloquent and instructive Lecture delivered by yourself to them, and respectfully request the favor of a copy for publication. Please accept from the Class their warmest wishes for your welfare and happiness. May the noble enterprise in which your heart is so fervently engaged, succeed under your hands, and answer your most ardent hopes.
  Yours with great regard,
   J.N. LIGGETT,
   S.H. LETCHER,     Committee of Law Class.
   JNO. O. EWING,

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LEXINGTON, NOVEMBER 3rd, 1849.
Gentlemen,---
  The introductory lecture delivered by me on Wednesday last, was not prepared with the slightest expectation that it would be deemed worthy of publication, and I now yield to the request so civilly made by you in your note of that date, on behalf of your colleagues and yourselves, with a sincere conviction that the very warm terms of approbation employed by you are to be referred rather to your kind feelings towards myself personally, than to the merits of the address itself. I have delayed till now an answer to your note, in the hope that leisure would have been afforded me to add some observations on several topics, which it occured to me might with great propriety have been embraced in such an Address, but really, Gentlemen, I have found my time so fully occupied with my new duties, that it has been wholly impossible to carry my purpose into effect. I therefore commit the Address to you precisely as it was delivered, "with all its imperfections on its head."
  I am, Gentlemen, with sentiments of affectionate esteem, your friend and obedient servant,
JOHN W. BROCKENBROUGH.
  Messrs. J.N. LIGGETT, S.H. LETCHER, and JNO. O. EWING, Committee.


LECTURE:

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Gentlemen,---
   The occasion which has drawn us together in this Hall to-day, marks the origin of a new and interesting relation between us, and in conformity with a time-honored usage, it is fit that I should seize the opportunity to present to you a just view of the duties and obligations which that relation imposes. The office of a public instructor in any department of science is always one involving grave responsibility, and, rightly considered, its dignity is commensurate with its importance. This observation may with entire truth be applied to every grade of public instruction, from the teacher of the humblest Grammar School, to the President and Professor, whose learning, virtues, and wisdom, grace the elevated seats of learning in the University and the College. The difference in all these gradations is one of degree only. The development of the powers of the immortal mind is the common object in all, and the science of the Architect is not less required in him who lays the foundation stone, than in the master workman, whose artistic skill is required to crown the column with its Corinthian capital.

   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.

 "Fruits of a genial morn, and glorious noon.
 A deathless part of him who died too soon!"

   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,

"Where Fame's proud temple shines afar."

   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.