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 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:
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"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.
I might multiply remarks of this sort without end, and perhaps with little profit to you; for it is too true, "that no man learns wisdom by another's experience." I am bound to own that it is not by the practice of these maxims that I have learned their value. But experience has perhaps convinced me of it somewhat sooner, because they were inculcated in my youth, by one whose advice I fear was never justly appreciated until his voice was hushed forever. My suggestions to you may answer the same end. If, when my head lies low, the recollection shall come to your minds accompanied by the feelings it awakens in mine, my labor will not be lost or unrewarded.
But there is one maxim learned in that same school, which no one who expects to thrive by his profession must neglect. The success of a lawyer and his honor as a man depend on his fidelity and punctuality. I need not recommend these to you. But a single auxiliary rule, in the observance of which there is perfect safety, may be of use.
"Whenever you receive money for a client, always consider that specific money as his. Set apart the identical dollars and cents, just as you received them, done up into a parcel labelled with his name, and accompanied by a statement showing the amount received and the balance due after deducting your fees and commissions. Let a counterpart of this statement be drawn up in a book kept for the purpose, and always carried with you; and at the foot of this counterpart, take your client's receipt." In this proceeding there is something level to the apprehension, and obvious to the senses of all men. It will engage confidence, and multiply in your hands that sort of business, which, if not the most honorable, is the least laborious, and not the least profitable.
And now, my young friends, we close a relation which has been to me one of the happiest of my life. God grant it may prove equally profitable to you. If it does not, the fault is in me. I have indeed the satisfaction to know that my exertions are appreciated by you, at more than their real value; and that wherever your lots may be cast, you will long remember the months we have spent together with feelings responsive to my own. It has been my endeavor to divest the subject of our studies of its dryness, and to render it, if possible, less unpalatable than you had expected to find it. The task was difficult, but I hope I have not altogether failed. I have felt it my duty too, to lay aside the pedagogue, and to disarm my office of all austerity. In doing this I had but to yield to my natural disposition. The rules of our institution indeed placed me in loco parentis. But the relation of an elder brother was more congenial to my feelings. I am happy to believe that it has been so filled, as to establish the sentiments appropriate to it in each of our minds; and that, when the infirmities of age shall overtake me, there is not one of you who would not extend an arm to stay my tottering steps, as there is not one on whose shoulder I would not lean with confidence.
But my method of instruction was not adopted merely because it suited my disposition. I believed it most appropriate to the subject of your studies. It in some measure prepares you to enter in its true spirit into that relation to the heads of your profession, of which I have spoken. You will find few judges to whom the authority of office will not be as irksome as it is to me; and it will be in your choice to establish, between yourselves and your brethren of the bar and bench, the same sentiments which make our separation at once pleasant and painful.
I cannot take leave of you without offering and inviting congratulations on the distinguished harmony which has pervaded every department of our venerable institution. It has been a complete fulfilment of the reciprocal pledges passed at the commencement of the course, "that you should be treated as gentlemen, and that you would so demean yourselves." How far this desirable end has been promoted by the peculiar character and structure of the society of this place, you are capable of deciding. We must have been unwise, not to avail ourselves of the aids afforded by the moral influence of a circle of gentlemen and ladies, intelligent, refined, polite and hospitable, zealous for the honor and order of the college and the happiness of its professors and students. It is this ever present influence that has enabled us to dispense with the rigor of discipline, elsewhere so necessary. It is this which enables William and Mary College to preserve its distinctive characteristics. In any other situation they would soon disappear. The city and the college have grown together. They are moulded on each other. Each is a part of each. Each is necessary to the other. You might learn as much, or more, elsewhere; but where else would you leave behind, from what other place would you carry with you so much of those kindly affections, the cultivation of which is not the least important part of education? On these we have determined to stake the usefulness, the permanency, and the prosperity of our institution, and in these we find a reward for our labors, which nothing can take away.