The Southern Literary Messenger, Volume I., 1834-35

by Various

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

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

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

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

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

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

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

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

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

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