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honor of the Great Teacher of the world. men of all civilized nations, who might This is a good custom and ought to be resort to it for instruction and stimulation ? observed." I think that we of modern What if the men of wealth, captivated by days may pause here a moment to agree the charms of culture, and the serenity with the honorable doctor, and to say that and security of scientifice justice, should this old custom is at least equal in good pour out their money at the threshold of taste to the burial of Euclid, with so-called the university to be appropriated without “appropriate ceremonies,” and inscrip- stint to beneficient uses? Then would tions on college walls significant of the wealth be transmuted; then wisdom, immortal verdancy of the class of '92. But adorned with the richest spirits of literato proceed, “Moreover, as it is the cus- ture, would take its due place at the head tom of a professor at the end of a book to of civic affairs, while the poor man would speak of what he proposes to do next term, have for his causes the same trained and I will add a few words. Accordingly, I enlightened judges as the rich man. Then say to you that I expect to teach you at justice, from the top to the bottom of sothe regular morning hour as I always have ciety, would be a living reality, and not, done, but as to the afternoon I think not, as it sometimes is, merely a name; and since I have found that students are not out of all would come the result, perhaps good paymasters. They wish to know, unexpected, but yet most natural and true, but they are not eager to pay, and this ac- that the so-called city fathers would steal cords with the old maxim-everyone no more ; wealth used without restraint is wishes to be wise, but no one wants to the true fertilizer of thieves; culture and pay for wisdom. I have no more to say learning have no material from which to but to give you my benediction, and beg develop them. you to come to hear the closing chant. Let us now strive to garner up some of And so he bowed himself out. Let us fol- the lessons that may fairly be derived low his example, and with a birthday from the sketch that has been given of greeting say good-bye to Bologna and its early law instruction. . venerable law school, wishing for our Not long ago an old and distinguished own Columbia an equal number of cen- German was asked in what way he had turies of life and an equal juristic immor- been able to prolong his life. He replied, tality.
"that if it had not been for the philosophy I have sometimes thought of what would of Immanuel Kant and for sour kraut he happen if New York should emulate the would long since have been in his grave." ancient Bologna and her citizens begin to In a somewhat different vein of thought live for learning, literature and art with we may say, if it had not been for the the same passionate zeal with which they Roman law, and the law school at Bonow live for the increase of material logna and its kindred institutions, it would wealth, and the comforts of physical ex- have fared ill with modern civilization. In istence. What if New York, with her un- the development of the Roman law, the rivaled port, her splendid situation both jurist and the emperor walked hand in for the production and distribution of hand. The jurist supplied the rule and the wealth, should crown her queenliness emperor made it universal. But the jurist with an adequate university broad and was greater and more enduring than the profound enough to meet the wants of emperor, for when the Empire died the
law remained and still remains, dominat at times to drive them away, for they had ing Continental Europe. It was the prov come to love a contemplative rather than ince of Bologna to keep the law alive and an active life. This was, of course, a make it fruitful. Such is the province of serious error.
Men do not, in general, the law school of to-day, and here not by become great jurists without combinforce, as formerly, but by a constant ref- ing professional experience with liberal erence to great principles, to curb the studies. But one never commits a misanarchical tendencies of the times, and to take in devoting a number of years to train legal missionaries who shall reduce severe disciplinary studies with wide and the impetuous frontier States and towns comprehensive reach. to a condition of "sweet legal reasonable (3.) Bear constantly in mind the necesness." More particularly the lessons for sity of a resort to general principles. I us as students and practitioners of the law, must admit that there is a wide difference are such as these.
between the common law and the Roman (1.) No obstacle should stand in the law in the apparent view taken of princiway of our thorough preparation for our ples. In the Roman law they are brought life's work. Zeal and enthusiasm are the openly and transparently to view. They true motors of the student, they are the are dilated upon by great masters of necessary conditions of success. A feeble thought and of style. They are systemintellectual pulse, soft muscles and a lan- atically arranged, and lucidly stated with guid spirit will not answer.
their qualifications and limitations. All But it is not enough to possess ardour of this pure thought crystallized into marand earnestness during the preparatory vellous words is in that system, statustage of our work. They must accom tory law, most attractive to a sincere stupany us throughout our lives. The young dent, and capable of comparatively easy men of whom I have written submitted to acquisition.
acquisition. There is nothing of this the greatest hardships to achieve success. kind in the common law. Everything is They travelled long distances through accomplished by special instances. The wildernesses and deserts with execrable controlling principle lies hid under the roads, and frequently with no roads at all, special facts; still, the great fact is, that without money, and subject to dangers hidden as it might be, there is still a prinfrom evil minded men. Nothing could ciple. The common law is not a chaos, daunt their courage. Their watch word nor is it a miscellaneous collection of dried
“Bologna and its law school or plants, weeds, for example, fit for a bondeath." While all surrounding conditions fire. Underneath the heterogenous mass are more favorable for us, let us be in of cases there are underlying principles. spired with their zeal.
Now the point is this : The difficulty of (2.) Be thorough. Thoroughness is extracting these principles, of collecting written all over the work of those early them and referring them to some wider days. This was not a thoroughness pre- generalization is quite considerable. It scribed by the university, for the time isn't all done for us in advance as it is in spent was for the most part voluntary. the Roman law. Each jurist must, in a But the students chose to be thorough, measure, do it for himself as the cases or frequently remaining at their studies ten precedents grow and occupy wider and or more years.
It was almost necessary wider ground. It is this fact which lends
a zest, an intensity of interest at the pres- critical spirit in itself is healthy. The ent time to legal study. Every day a difficulty is in drawing the limit beyond student has all the pleasures of discovery which advocacy must not go. Excess as well as the excitement and joys of crit- may amount to a public nuisance, for icism, and we must add, in some instances trials of this kind are conducted upon the the excitement of the gamester in specu
The entire community is lating upon results shrouded in uncer- practically in attendance, and unlicensed tainty. Every lawyer, faithful as he may advocacy may become a source of public be, has his periods of doubt, of grief, of corruption. despair, as well as of triumph. His only On the other hand, we must never forsolace, in many instances, is his feeling get that the public prosecutor does not that ultimately principles will win. Study stand neutral and represent pure colorless then, I beseech you, the underlying prin- justice. He too represents only one of ciples of law on which special cases de- the parties to that litigation, and may go pend.
too far as well as the counsel for the deLet me now take you outside of the law fence. It required many generations beschool and of preliminary study into the fore the right to defend a prisoner at all affairs of practical life. Few men study was acquired, and the whole power law as a mere accomplishment. The road the state was exerted to crush an individis too toilsome and severe to be attractive ual prisoner on trial without any effectual unless there is an ultimate professional check or even protest. The counsel for object, attended with reputation or civil the prisoner stands to-day for a great conhonors. When Blackstone wrote his com- stitutional principle, or, to speak more mentaries, upwards of a hundred years profoundly, for a great national right-a ago, he expected that a long and illus- right which a quaint old English judge trious train of noble and ingenuous youth, says was established in the Garden of distinguished by birth and ample estate, Eden when the Lord called on Adam and would thirst after legal knowledge and gave him an opportunity to be heard, would crowd the legal class-rooms, simply though he had but short notice of trial. to slack this holy thirst, and with no ul- It is accordingly not only the right but the terior purpose.
We have been waiting for duty of the counsel for a prisoner to insist the advent of these persons for a century, upon a “hearing.” Now, we do not aland they have not yet arrived. Men
ways reflect that a “hearing” includes study law for a practical purpose-as a many things, of which we can only give preparation for professional life, and all
The evidence must be legal evithat follows success in that. What are the dence. It must be sufficient to prove the conditions of honorable success? These case beyond reasonable doubt. There are partly moral and partly matters of ex- must be a fair and impartial jury, and pediency.
time must be allotted to secure it. The The moral element comes strongly to counsel must have the power to make his view in criminal advocacy. The news- speech in such form and with such flowers papers constantly put us in mind of it, of rhetoric and arts of persuasion as he and the public sentiment is very sensitive thinks most suitable. But he should not in this direction. The newspapers may
misstate matters of fact, he should not assometimes carry criticism too far, but the perse and malign witnesses whom he
knows to be innocent. A man of good cellent rule, to which he largely attributed sense and sound judgment will not easily a rapidly growing practice in his early mistake his duty if he applies to this class of life. This was to remit to his clients all cases the ethical rules to which he resorts in money received in their behalf on the very other affairs of life. Ethical rules are of day of its receipt. Solid men of wealth universal obligation, and the lawyer or appreciate fully that kind of attention. judge is no more relieved from them than Besides, you do not keep the money long are other men.
enough to begin to believe that it is all Nay, such rules are more binding upon yours. them than others, for they are both public It can not be fairly expected that all of officers, both ministers of justice, and you should be eminent at the bar. Emiboth exercise a public trust
nence requires a rare combination of qualA French critic of great eminence, in ities and potencies given only to the few. no respect sentimental, but on the other It can be claimed with reason that each hand, severe in judgment, after a calm of you should pass honorable, diligent and survey of the affairs of men, says:
respectable lives. A great acquisition is “In all the world there is nothing fine a reputation for candor both with the jury but equity ; without it valor, force, good and the court. We are handicapped in ness, and all the virtues with which the one respect. The community inherits a world is dazzled, are only false brilliants, suspicion of our sincerity. Many assume mere fragments of glass ”
that we are inclined to be tricky, until we The glorious maxims of our equity, set give some evidence to the contrary. This like jewels in the girdle of the common is, doubtless, very unjust in most cases, law, shine like the sun among lesser fires. and capricious. Still we must yield, to The modern evolution of law is in the some extent, to the caprices of popular direction of equity. With equity comes opinion, and as opportunity offers show the sense of duty, which neither our clients that we are candid. If insincere with the nor we ourselves can shake off.
court it is soon found out by the judges, are men of the right spirit we ought to and we have lost a large part of our legal love our profession for the equity and capital at a single stroke. If we aim to justice that pervades it, adopting the mislead juries, we are soon rewarded by words of the poet in addressing his mis them with indifference. A reputation for tress :
honesty with the tribunal that passes upon “I could not love thee, dear, so much our efforts is often of more service even Loved I not honor more.”
than legal knowledge, but there is no But the observance of the more homely necessity of slighting the one in order to and less conspicuous virtues may be to gain the other. you of the highest consequence. I refer Much more might be said to you, but the to close attendance to your work, perfect time passes. I have only to add that I tenfidelity to your client's interests, as well der you my warm thanks for the invitation as absolute abstinence from the use of any to address you. I recall with great pleasure money of his that may pass through your the fact that in two years no disagreeable hands on his account. A distinguished incident has happened to mar the pleasure Pennsylvania judge, in a recent address to of our intercourse. Doubtless I have young lawyers pointed out to them an ex sometimes pressed you closely with ques
tions designed to test the accuracy and and brother is, I hope, permanently escompleteness of your knowledge. These tablished. In a few weeks you will be may have been at the time irksome, but scattered far and wide over the land. they were none the less useful. I only Nothing will remain of our life here toaimed to follow at a great distance the gether, except, as I hope, some useful imbest of masters, Socrates, who emptied pressions and pleasant memories. You the minds of his disciples of trash before he may be sure that such memories will resought to fill them with the golden treas- main with me. ures of knowledge. The days of ques- And so there is nothing further to be tioning are past; the relation of teacher said but the inevitable FAREWELL. and pupil is at an end ; that of brother