To Messrs. J. W. Dew, John Murdaugh, Wm. T. French, and Chs. H. Kennedy.
YOUNG GENTLEMEN:
I gladly avail myself of an established custom, to offer some remarks on the mutual relation into which we have just entered, and the studies which will occupy our attention during the ensuing course.
This day is to you the commencement of the most important æra of life. You have heretofore been engaged in studies, for the most part useful, but sometimes merely ornamental or amusing. The mind, it is true, can hardly fail to improve, by the exertion necessary to the acquisition of knowledge of any kind, even as the athletic sports of the boy harden and prepare the body for the labors of the man. But, in many particulars, what you have heretofore learned may be of little practical value in the business of life; and your past neglects may perhaps be attended with no loss of prosperity or respectability in future. Some of you are probably acquainted with sciences of which others are ignorant; but are not for that reason any better prepared for the new course of studies on which you are about to enter. Nor will such knowledge necessarily afford its possessors any advantage at the bar, or in the senate, or on any of the arenas, where the interests of individuals and nations are discussed, and the strifes of men decided. But the time is now past with you, young gentlemen, when you can lose a moment, or neglect an opportunity of improvement, without a lasting and irreparable detriment to yourselves. You this day put on the toga virilis, and enter on the business of life. This day you commence those studies on which independence, prosperity, respectability, and the comfort and happiness of those who will be dearest to you, must depend. For, trust me, these things mainly depend on excellence in the profession or occupation, whatever it may be, which a man chooses as the business of his life. The humblest mechanic will derive more of all these good things from diligence and proficiency in his trade, than he possibly can from any knowledge unconnected with it.
This, which is true of all occupations, is most emphatically true of that which you have chosen. To be eminent in our profession is to hold a place among the great ones of the earth; and they, who devote themselves to it, have the rare advantage of treading the path which leads to the highest objects of honorable ambition, even while walking the round of daily duties, and providing for the daily wants of private life. The history of our country is full of proof that the bar is the road to eminence; and I beg you to remark how few of its members have attained to this eminence in public life, without having been first distinguished in the profession. To win its honors, and to wear them worthily, is to attain an elevation from which all other honors are accessible: but to turn aside disgusted with its labors, is to lose this vantage ground, and to sink again to the dead level of the common mass. You should therefore learn to look on the profession of your choice, as the source from whence are to flow all the comforts, the honors, and the happiness of life. Let it be as a talisman, in which, under God, you put your trust, assuring yourselves that whatever you seek by means of it you will receive.
I have the more naturally fallen into these remarks, as they are in some sort suggested, and are certainly justified by the history of this institution. If you trace back the lives of the men, who at this moment occupy the most enviable pre-eminence in your native state, you will find that they received the rudiments of their professional and political education at this venerable but decayed seminary. There are certainly distinguished members of the profession, and illustrious men out of the profession, to whom this remark does not apply. But when Virginia (Magna Parens Virum,) is called on to show her jewels, to whom does she more proudly point than to men who once occupied those very seats; who here received the first impulse in their career; who here commenced that generous strife for superiority which has placed them all so high.
The subject of our researches, young gentlemen, will be the municipal law of Virginia. The text book which will be placed in your hands is the American edition of Blackstone's Commentaries, published thirty years ago by one of my predecessors in this chair. You will readily believe that it would be my pride to walk, with filial reverence by the lights which he has given us, and that, in doing so, I should feel secure of escaping any harsh animadversion from those to whom I am responsible, and who still cherish so favorable a recollection of his services. I shall certainly endeavor to avail myself of this privilege; though it may be occasionally necessary to assume a more perilous responsibility. A brief sketch of the plan which I propose to myself, will show you how far I shall follow, and wherein, and why, I shall deviate from the path which he has traced.
Municipal law is defined by Mr. Blackstone, "to be a rule of civil conduct prescribed by the supreme power of the state." By Justinian it is said, "Id quod quisque populus sibi jus constituit, vocatur jus civile:" which has been well rendered thus: "It is the system of rules of civil conduct which any state has ordained for itself."
Whatever definition we adopt, we shall find that municipal law is distinguishable into four grand divisions, which may be properly designated by the following description: