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REGISTER OF PENNSYLVANIA.
PEVOTED TO THE PRESBRVATION OF EVERY KIND OY USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. XIII.-NO. 21. PHILADELPHIA, NOVEMBER 23, 1833. NO. 308.
SECOND ANNUAL REPORT OF THE BOARD out every good quality: repress every evil disposition: OF TRUSTEES OF LAFAYETTE COLLEGE. fit them by such evolution of intellect and heart, for the
high and responsible stations recently occupied by their OCTOBER 7, 1833.
illustrious sires, and send them forth well endowed to In the world of merals, power without responsibility, manage their paternal inheritance and minister unalloy. would be anomalous. If its Creator has formed the ed consolation to their surviving parent. May we not material universe, in all the vastness of its extent and call this a sacred trust? And shall the trustees of such in all the minuteness of its details, subject to certain a charge not feel a deep and solemn responsibility? fixed laws; and if the obedience of the whole and of And, although our charter naines,not the day of our ac. each part to those laws, agreeably to the divine will, count, but only reserves to the legislature the right of bespeaks the divine wisdom, shall it not be thus also in recalling the powers granted, yet is there not a manifest the orders of intellectual existence? If a single particle propriety in our presenting annually to the people, an of matter could be supposed, for a moment, to lie with account of our doings for the past and designs for the out the range of Almighty power-beyond the general future? Can any thing but rigid and punctilious ac. order which God has established for the government of countability secure public confidence? And was ever matter, could it be otherwise than that this particle, by that confidence withheld, where the trust was imporits motion or its rest, should disturb that which lay near. tant and its execution faithful? Therefore do we step est to it, and this the next, and thus the entire system forward in this report, to lay before the public a stateshould be thrown into confusion? And would not such ment of our doings and designs. Let our trusteeship a result give mournful evidence that perfect wisdom be inspected. dvells not in the builder of the skies?
La Fayette College is designed to bring the higher But if one lawless particle of matter might thus ar- branches of education within the reach of youth in the raign the wisdom of the great Creator, how much more humbler walks of life, even where indigence has traone lawless particle of mind? And this especially, velled:-To elevate the standard of common school in. when we consider that mind is necessarily active, and, struction. To secure health to the student.-To proby reason of its social nature, necessarily operative up- mote the feeling of honourable independence. -And, on mind. For aught then that we can see, there does to cement the extremes of society together, and so exist in the physical world and in the moral, an uncre. promote the permanent well being of the happiest naated necessity for every atom in both being subject to tion in the world. law. For every talent he possesses, man is necessarily As to the first of these objects, viz: opening the accountable, and though he often forgets this truth, the halls of science to those in the middle and lower walks law does not. It stills holds him to his duties.
of life; we propose to accomplish it, not by an agrarian Besides, from our ideas of moral accountability, we law, not by a poor-rate system, not by lowering the can scarcely separate the notion of time and season. standard of education, but simply by affording to Limitation is essential to probation. There must be a the industrious and talented youth an opportunity by season--a period when the talent will be called for the labor of his hands, at some productive branch of when an account must be given of the manner in which business, to become the maker of his own fortune, and power shall have been exercised.
the promoter of his country's honor and prosperity. In the application of moral principle by human ar. The time and force expended usually in play for need. rangement, the designation of these times and seasons ful exercise, thus becomes available for his partial sipis matter of conventional agreement. Accordingly our port. This thows open the door of competition in the laws, which prescribe duty and invest with power, ge- learned professions to many who could not otherwise nerally fis some limit of accountability, defining the engage in literary pursuits and scientific labours. time and manner: or if they do not, they reserve the Our success in this matter will be seen by a careful right so to do, never occasion may call for its ex. inspection of the appendix to this report. In the inercise,
spection, let the reader, however, recollect that our Now fellow citizens, we, “The Board of Trustees of very limited resources as to capital to supply work and La Fayette College," have a trust committed to our shoproom, have prevented us from employing in many hand--a power delegated by the people of Pennsylva- cases, the full term of three hours, the time allotted by nia. We desire to remember, that this power is not our rules to labour. And this deficiency has had a reabsolute-this trust is not irresponsible. Such an ano- flex operation upon the spirit of diligence. Some bemaly our laws cannot endure, so lung as moral virtue is ing unemployed, through a necessity growing out of the basis of our constitution. We desire to feel also, our poverty, has operated a bad influence upon others, that this trust is not one of trivial concern. In the char. so that this year we have met with difficulty in ter of our existence, we would hear this great common several instances, in bringing up the student to the wealth, as the voice of a tender widowed parent, deep- rule of labour. The cause of this difficully, we trust ly solicitous for the reputation, usefulness and blessed the public will enable us forever to remove, by furnishness of her beloved offspring, thus address us- Take ing the means of erecting shops sufficiently large for the these, my orphan boys, sons of n ble sires, though not accommodation of all. Meanwhile, to enable the pubborn to princely fortunes-take them under your care: lic rightly to estimate the results of a fair trial of the I constitute you their guardians: into your hands I system, we have added a column in the statistical table, commit the sacred trust of their physical, intellectual, shiewing the amount actually earned; and another, what moral and religious education. They possess, I trust, would have been earned by each siudent, provided he powers worth cultivating: develope these powers: draw had worked the full period of three hours per day. Vol. XII.
From this table it appears that the whole amount our institution; unless indeed it be imported, and even charged within the year, for boarding and lodging, tui- then it is neither infectious nor contagious. tion and shop room, to fifty-two students, making an 4. To promote a feeling of honorable independence: average of thirty-five for the whole year; is $3825 37; It is obvious that the provisions of our laws, relative to that the whole amount actually earned and credited, is "the education of the poor gratis,” operate a most un. $926 01, or nearly one-fourth of the charge; and that happy influence upon this feeling. It wounds somebad full opportunity been afforded and embraced of thing which we are reluctant to denominate pride. Let working the full term, even at the low rates of our this feeling be often wounded, and it will die; and with present disadvantages, the amount earned would have it will die the independence of our country. For if the been $1419 05, or nearly four-tenths of the whole people lose individually that high sense of honor, which charge.
prompts to vigorous effort for self support and self ed2. As to elevating the stanılard of common school ucation-if they learn to lean on resources entirely fo instruction, we propose to effect it by training teachers reign to themselves, they must soon lose it in a national to that business as a profession. This is all important point of view and become willing to lean on a foreign to our country and its free institutions. Virtue in the
But if a youth prosecuting study, acquires also mass of the people, is the basis of our political system, a trade, by which, if providentially called to it, as was intelligence and religion the basis of virtue. Let the the great Apostle to the Gentiles, he can maintain bimfoundations be destroyed, and the superstructure must self; and if he at the same time, contributes materially fall. Let religion, intelligence and virtue pass away to his own maintenance, it is evident he must acquire a from the body of the pe and the walls of the tem consolidation-a solidity of character which must renple of our freedom, though cemented by the blood of der him a valuable member of society. our fathers,must crumble to the ground. But let com- 5. With these views of the bearings of our plan, it is mon schools disseminate the light of intelligence, and easy to see how it must operate in cementing the ex: the love of virtue over the whole land, and the glorious tremes of society together. The sons of the indigent structure will rise higher, in beauty and grandeur, and of the wealthy meet together in the duties of the commanding the admiration and love of all the friends of field, the garden and the shop, and also in the lahors of freedom, and exciting the envy and terror of its foes.
the study, and the recitation rooms. There is a perfect Now it is universally conceded that our common equality. All labor, and all study. They learn to es. schools are not in a prosperous and profitable condition. teem and love each other. They form intimacies wbich Incompetent teachers, very frequently, receive inade- pass down through life, with recollections, sweet "as quate support; and the inadequacy of the support se- the memory of joys that are past." They meet, per cures and perpetuates the incompetency of the teachers. haps after years of separation, in the higher fields of The labourer is rewarded, small as is the reward, be professional labor; in the halls of legislation, or the sayond the value of his labour, and the employers are cred assembly. not qualified to detect the imposition. And how is this
Another way in which this influence is operated, is, crying evil to be remedied? Not surely by any general by the school teacher's acquiring his professional atschool system, unless it embrace as a fundamental object, tainments, in the college classes; and forming his ac. the training of teachers But let teachers be well edu- quaintances and attachments tvere. He thus constitutes cated, that is, let them be taught thoroughly the a connecting link between the School and College, and branches which they will be called upon to teach, and, promotes the interests of both, whilst he furnishes pu. which is the principal thing, the art of communicating pils for the one and teachers for the other. instruction and governing a school; and let their service Still a third mode in which this system tends to union be secured permanently in that business, by adequate is by breaking down the aristocratical notion that man. pay, (say from the State School Fund for a time,) and ual labor is inconsistent with high literary attainment then,but not we apprehend until then, will the virtue and and refinement of manners. The feeling undoubtedly intelligence of the community sustain a general sys- has existed, and to some extent does it now exist, that to tem-then and not until then, will the means be procur be able to handle the farmer's implements or the mechaed of securing all that is dear to us as freemen, and as nic's tools, is derogatory to professional dignity and de. Pennsylvanians.
grading to classic purity. Nor is this feeling confined 3. The preservation of health. All experience has to those who have been immured within the walls of a shewn the correctness of the adage, " Much study is a college. Many engaged in mechanical pursuits, enterweariness to the Aesh.” Health is often sacrificed at tain the same opinion; and accordingly regard the yola. the altar of science. To be pale-faced, emaciated and ries of learning and science with feelings of enry and feeble, is an important item in a student's college cre- jealousy. Now there can hardly be conceived a more dentials. And under this absurd idea, many a noble effectual method of suppressing such feelings, than the youth has been educated at colleges, just to graduate one we propose. Let literary men pursue this rational and die. Or, if death should not prove to be the seal mode of exercise for the security of health, and they of his diploma, he draws out a miserable existence, will at the same time create a fraternal feeling in the suffering sometimes in a single day more than the pains minds of those whose occupations they thus practically of mere animal death. The cholera, fearful a scourge honor, and break down the barriers which must otheras it is, brings not in its train so large and fearful a ca- wise exist to the prejudice of the social body: talogue of miseries as are experienced by that numerous How all these things liave their influence in promotand unhappy class, who have sol i health for learning. ing the lasting interests of the country, we need not
Besides, the actual loss of money to the community, delay to point out. Let this course be pursued, and incurred by the premature death of its educated men,is the aristocracy of money and learning can never become an immense tax. Each young man who dies at the thresh. dangerous, for it never can be hereditary and exclusive, hold of professional life, must have expended something where the high road to learning and to wealth lies open like $2,000 on his education. The statisticsare not collect- to all. ed, but the number in the United States probably ex.
Agricultural Department. ceeds one hundred per year. That is, we throw away, For information on this subject, we refer to the stabesides the life which cannot be valued, $200,000 a year tistics in the Appendix. in educating men for the grave. Now the system we In the Mechanical Department we have recently proadvocate largely forestalls this evil. Another year's cured a horse power machine to facilitate sawing We experience confirms our confidence in the sovereign ef. have also commenced the manufacture of Ploughs on ficiency of this prophylatic remedy. Regular, daily, an improved plan: for the number we refer to the Apsystematic exercise secures health of body, and by neces. pendix; as also for the number and description of boxes, sity health of mind. Sedentary discase is unknown in I trunks, and other articles manufactured.
INGRAHAM'S ADDRESS BEFORE THE LAW ACADEMY.
the best interests of their country. And these one In our first Annual Report, we alluded 10 the neces hundred young men may earn on an average, each $40 sity of a permanent endowment, in order to a fair expo per ann!ım. This ratio is less than has ever been allow. sition of the system and its resources. We mentioned
ed in this institution. It can undoubtedly be increas. also that a contract had been entered into for land. We ed as the facilities for work are perfected. But even have now the pleasure to record that this contract has at this, the product is $4,000 per annum; that is twenty been confirmed and extended so as to secure eleven per cent. on the entire expenditure. acres in an elevated and very beautiful situation. For
Now this, as we have said, is clear gain to the stuthe payment of the purchase money and the erection dents, that is
, to the community—for the community of the proper buildings, application was made to the must educate its own sons that serve it. And, counting Legislature during its last session. A bill passed the the first cost of the establishment as an investment of Senate prosperously, appropriating $5,000, and $1,000 five per cent. the product of labor saved, operating as a year for six years. It was diminished in amount and a sinking fund, will annihilate the debt in less than six finally lost in the house by a majority of six votes. By years. this very unexpected result, the Board were thrown
We earnestly inrite public attention to this calcula.' upon the only remaining resource,and one which never
tion. We think the estimates of costs are fair, and fulfails in a good cause-the public spirit of the communi. I ly adequate to complete the buildings named. The ty. Subscriptions were opened in Easton, and in a but
matter of sober fact; the result of more than four
other item in the data, is not conjecture nor hypothesis; few days, $2,935 were subscribed. Encouraged by this token of public favor, the Board could not hesitate years' experience. Students of fifteen years and upto move onward. Contracts were made for materials wards, by laboring three hours per day, can earn forty and work. The first spadefull of earth was removed dollars per year. So that if one hundred youth from from the site on the 4th day of June; the first stone was
good common schools, be placed in such an establishlaid on the 27th day of June, and the corner stone with ment, and be kept diligently employed eight hours at appropriate ceremonies, on the 4th day of July. The study and three at labor each day, in six years they will building is 112 feet by 44, with a recess of iž by 49 graduate respectably, and the exercise necessary to feet. The basement, the floor of which is two and a health, being expended in manual labor, will pay for half feet below the surface of the exterior earth, is of the entire college premises. Again, therefore, we invite limestone, and hammered for pointing; the first and the public, and especially the strong armeil yeomanry second stories are of the same stone, rough laid, and the of the country—its bone, sinew, and nerve, to examine third story of brick. The three stories above the base this calculation. If there be an error let it be pointed ment are intended to be plastered in imitation of gra- out. If not, then come-seize with a firm and manly vite. The entire structure, besides the entries, will grasp, the La Fayette Plough; drive a deep furrow; afford two rooms 34 by 46 feet; two 19 by 34 feet; two let the virgin soil, which has slept for ages in darkness, 22 by 34 feet; fifty 154 by 17 feet, and two a little see the sun; cast in with generous hands the good seed larger-in all sixty. The roof frame which is already in its season; and wait with humble confidence its reraised, will be covered with slate, and the whole crown. turn in a rich and abundant harvest. ed with a modest but tasteful dome and spire.
TERMS, Whilst the work bas been thus rapidly progressing, the subscriptions have also been advanced in this vicini.
Winter Session of twenty.four Il’eeks. ty and in Philadelphia, to the amount of nearly $5,000. For Tuition,
$15 00 'The Board had cherished the purpose of publishing in do. in the English branches, (preparatory an appendix to this report, as the most satisfactory mode school,)
10 00 of accounting to the public for the funds entrusted to Lolging, use of Tools, and Shop room,
5 00 their care, an entire list of their benefactors and their Boarding, $1 50 per week,
36 00 benefactions. But as several of the sums promised are not paid, and as many others are confidently expected, Total for tuition, boarding, lodging, and we have finally concluded not now to present an ac- shop room, for 24 weeks,
$56 00 count, which must necessarily be very imperfect; but The above in advance, to defer a full and perfect statement of all our receipts From which the student may deduct, by laboring and expenditures until our third annual report shall three hours per day, one-fourth or one-half. appear. Our prospects for the future are not discouraging,
(Appendix will be inserted hereafter.) although we have before us a heavy expenditure, with slender means at command. The public, however, INGRAHAM'S ADDRESS BEFORE THE LAW whom we serve, are rich, and a great public object can.
ACADEMY not fail for want of money. Permit us then to offer an Address delivered before the Law Academy of Phiour drafts at the counter of public opinion. Thus stands the account: Besides the college edifice, we
ladelphia, at the opening of the Session of 1828-9; need a shop and a barn; we have the rent of the pre
by Edward D. Ingraham, Vice Provost of the Acamises now occupied to pay, and the lands purchased to
demy. enclose in good tences; and we must have the nucleus Gentlemen of the Law Academy: of a library and apparatus. Estimates of cost:
The object of our institution is improvement in the
science of the law. In a government emphatically of College building and land, $12,000
laws, and in a community attentive to the adoption of Shop,
whatever tends to augment the convenience and hapBarn,
piness of its citizens, it is not to be supposed that the Rent and fencing,
system regulating the daily actions of every man has Library and apparatus.
been left untouched by the inquiring and amending
spirit of an enlightened age. To this spirit the law $20,000
academy owes its foundation, advancement, and sucThus it appears that an expenditure of $20,000 will cess. afford opportunity to one hundred young men of acquir- It is my intention, in the present address to you, to ing a good collegiate education and of carrying into the point out, as well as its limited nature will permit, and active duties of life such bodily health and productive as one of the means through which the object of the habits as cannot fail to render them highly profitable to institution is to be attained, the effects which have been
produced, by some of the most obvious of the various Co operating with the effects of this "omnipotent stachanges made in the law of this state, upon the studies tute" are the periods of time required by the courts to and character of those who have recently succeeded, be dedicated to study previous to admission to the bar. and those destined soon to succeed at the bar, a race Three years diligently and faithfully employed, even the models for youthful imitation.
under the best direction, comprise too short a period, It hecame early apparent to the legislature of Penn at the age at which young men now usually commence sylvania, that many of the rules and proceedings of the their studies with a view to admission to the bar, to laws of England, which were in force in the state, might enable the student to become sufficiently acquainted be rendered more simple, intelligible, and effective; and with English law, the foundation upon which the super. it is not a little interesting now to observe how accu- structure of his future knowledge is to be raised. And rately they judged the evils, and to what an extent after his admission, anxious and eager to get into busj. they anticipated the course of remedy pointed out in ness, how often do we find him wasting in ill directed the elaborate view of a celebrated modern reformer of desultory efforts, in calises of small importance, the va. the existing evils and abuses of the law in England. The luable time which, properly employed, would still enahabit, however, of interfering with and altering the law, ble him, at a later period, to attain the highest distincwould seem, like most other habits, to increase in vigor tions of his profession. His very success is against him, with the growth and strength of the constitution; and for though he may succeed for a time in inducing unless controlled, produces the usual effect of any un. some of the few upon whom a well turned period, from restrained babit. Accordingly, we find the legislature its euphony rather than its application to the particolar of Pennsylvania occupied within the last five and twen. subject, makes an impression, to trust their interests to ty years in altering freely the laws of the commonwealth, his care, yet time brings with it the inevitable result and acting apparently under the conviction, that to which is to be expected when a man undertakes a task enable every man to try bis own cause, to go to law to which he is utterly incompetent. Well would it be cheaply, and become a member of the bar with the for him if his own eyes could be opened by his failure, least possible study or qualification, was making a pro. and amendment be the result. But it is too difficult a gress in the course of improvement of the science of law labor to resume habits of regular study once abandoned, itself.
and he continues his career, kept in countenance by The most decided of the changes to which I have ad. numerous brethren, examples of some of the pernicious verted, was that effected by the sixth section of the effects of the system which I am endeavoring to point out act of the 26th of March, 1806, entitled, “an act to re- to you, with the hope, at the same time, of being able gulate arbitrations and proceedings in courts of jus. also to indicate the means of preventing the operation tice,''* by virtue of which the most ignorant pretender of thosc effects upon yourselves. That I have not drawn is placed upon a more desirable footing than the most an unfaithful picture of the present state of legal science accomplished pleader, and he who has drawn in the in this commonwealth, I may with the greatest safety most slovenly and unskilful manner a declaration or a affirm before those who, as practitioners, are conversant plea, is so far from being prejudiced by it, that to con- with and deplore the fact; and with the utmost confivince the court of his blunder may in fact secure him an dence I refer him who entertains à doubt to the rol. advantage. The knowledge and sagacity of the oppo-umes of Pennsylvania reports published within the last site counsel enable him to detect and point out the de. fifteen years. The cases exhibit a regular series of et. fect, and it is at once amended according to his view of it, periments upon the indulgence of the courts, and an -or knowing what the probable result of the amend- anxious endeavor to establish the reign of carelessness ment may be, he quietly passes it by, for fear by the and inattention, and their necessary attendant, ignorance, very amendment, the trial of his own cause may be post. by adding judicial sanction to their own too powerful poned. Thus his adversary receives the benefit of his natural influence. skill, or the advantage of an ignorance which, with such Such are the general effects, and most prominent encouragement, it would be worse than folly to over. evils to which I have deemed it proper to call your atcome by a long course of painful study. Fortunately, tention. The most obvious of the difficulties which however, this section of the statute has had the power they interpose to prevent the student's adrancement in to involve the highest tribunal in the state in such con. legal science before and after his admission to the bar, tradiction as to its true construction, that the two latest are next to'be noticed. It is through the practice of the reported decisions t upon the subject, though made al courts, and of approved forms of stating legal rights, most within four months of each other, are so diametri- that legal questions are rendered ripe for discussion. cally in opposition, that until a third case be decided by the science of the law is but darkly comprehended by the same court, upon the argument of which both those the inquirer who has not ascertained the intimate conto which I refer shall have been cited, it will hardly be nexion existing between its principles and the practice possible for counsel so to conduct themselves as to reap by which they are carried into effect; and hence, he all the benefits of ignorance and inattention.
who neglects the practical routine, is most certain of It has produced the effect also, of causing the profes being imperfectly acquainted with the principles of his sion of the law to be regarded as the resting place of profession. A want of precision, and an absence of the those who do not succeed in other pursuits of life, how. unity and symmetry properly attendant upon legal pro. ever unacquainted with the proper preparatory studies ceedings, impede the progress of the student and or even a common English education;-and it has more practitioner, therefore, in the ratio in which they render than once occurred to me to hear the sarcasm of a cele. The science of the law obscure and incomprehensible. brated writer, “that every man thinks he understands The often renewed and vague discussion consequent religion and politics though he never studied them, but upon a loose or imperfect set of pleadings, leads to a no man undertakes to make a shoe unless he has served grievous waste of the public time, which a more techni. seven years? apprenticeship
to the trade,” applied as cal mode of proceeding would permit the courts to de characteristic of the extreme facility with which any dicate to the purposes for which they were constituted, individual is transformed, in this state, into a practition instead of being obliged to consume in endeavoring to er of law.
control a series of legal scuffles often subversive of both
law and justice. * 4 Sm. Laws, p. 326. Purd. Dig. 14.
I am desirous to be understood in a more compre1 Sharp et al. v. Sharp, 13 Serg. & Rawle, 444, de. hensive sense when I use the word "practice," than cided 9 January 1826. Opinion delivered by Tilgu. MAX, C. J. Wilson v. Irwin, 14 Serg. & Rawle, 176, * Three years if the student commence his studies decided 24 May 1826. Opinion delivered by Roeurs, previous to the age of twenty-one years, and two years J.; Chief Justice Tilehman being present.
if he commence after that age.
INGRAHAM'S ADDRESS BEFORE THE LAW ACADEMY.
would suggest itself at first to my hearers. It is not to that ever stammered a sentence, would be more attend. be lost sight of in relation to this subject, that the pecu. ed to with a case in point, than Cicero, with all his eloliar system of Pennsylvania includes all the principles of quence, unsupported by authorities.”* The few rethe English system of law, whilst it wants most of the ported cases decided by Lord Erskine prove how little peculiar means of carrying those of the principles of that he was qualified for the station of Lord Chancellor of system denominated Equity into effect. Nothing can England, with all the assistance which it is well known be understood, comparatively speaking, of Equity, by he derived from the ability and learning of Hargrave; which far the greater number of the transactions of life and one solitary caset is found in print of all the deci. are judged and determined, without a proper acquaint- sions of Curran, while Master of the Rolls of Ireland ance with the machinery by which its admirable princi- stronger evidence of his unfitness for that judicial staples are rendered effective-yet nothing is more com- tion than the disgust with which he accepted the office. mon than to discover, that the candidate for admission in the power of the courts, also, is the remedy of rc. to the bar, in a state of the courts of which it has been quiring from the bar more attention to the practical truly said, "that whoever comes into one of them, comes part of the duties of their profession; and it is a duty as well into a court of Equity as a court of Law,” has they owe to themselves and the public, not to encournever thought of looking into a single treatise of Equity age and augment ignorance and carelessness, by perpractice, or pleading. He satisfies himself that there mitting amendments to be made out, of tenderness to is no occasion for any such unnecessary learning, by a the interests of a client committed to unskilful bands. recurrence to a phrase often heard from the mouths of Let it be once understood, that the client will be visitour state judges, and as often misunderstood perhaps, ed with the consequences of his counsel's error or igno“that there is no Court of Chancery in Pennsylvania;" rance, and there will be little error or ignorance to or if haply he receive an intimation that, in the Cir. complain of the time of the courts will be amply sufficuit Court, the principles and practice are administered cient for the discharge of all their duties, and if any by a distinguished judge of Equity, who received his reason exists for an application to the highest tribunal in legal education in this city, and whose reported deci- the state,the profession will be spared the mortification sions show that those who preceded us in our career at of hearing it so often declared, upon the decision of the the bar were wiser in their generation, he proposes to case in that court, “that the record presents a tissue of remedy any deficiency when bis practice in that court extravagant blunders.”+ increases. I cannot suffer this occasion to pass without Thus much can be done by the courts--the other reentering a protest against this dangerous error. The medies, Gentlemen of the Law Academy,are in your own practitioner of law in this state should be deeply versed power and rest with yourselves. They consist in an ardent in the principles and practice of Equity. Not only are zeal for the acquisition of a knowledge of the principles some of the powers and modes of proceeding: peculiar and practice of your profession-of perseverance in lato the English courts of Equity, specially delegated to bour-of an exclusive devotion to the law itself. “The our courts by the constitution, and others by different law, I am afraid, requires the whole man-admits of no acts of assembly, to say nothing of their general exer- concurrent pursuits," and demands the industry of a cise by the Orphan's Court, itself a Court of Equity, laborious, perhaps a long life. The united testimonies but such a knowledge is absolutely requisite to enable of the wisest among its professors attest its all engrosshim to adapt the imperfect modes of proceeding through ing nature, and their conviction, that an attention to which the judges endeavor to supply the want of a subjects without the pale of the profession is always court of Equity, to cases which the progress of society, I injurious, by diverting into other channels the patience, and the increasing wealth and prosperity of the state are resolution, and energy requisite to eminence. Who is continually forcing upon the profession for considera- ignorant of the fervour by which Sir William Jones was tion. The state is surrounded, too, by sister states pos- animated—of the devotion of Fearne-of Blackstone's sessing Courts of Equity, whose proceedings and de. sacrifice of his favourite studies, commemorated by him crees are often the subject of discussion in our courts, in imperishable poetry-bis last indulgence, s and present cases in which ignorance of the principles It cannot be expected that I should now point out and practice of Equity would be fatal to the interests of the particular course of study, by which the student is a client, if not ruinous to the reputation of his legal ad- to attain the know ledge of his future profession. The viser.
limits of an address do not permit me to do more than It is to be expected of me, that after having pointed express my decided approbation of that recommended out some of the defects of the present system of pre. by Mr. Butler in his Reminiscences. Let me join also paration for admission, and the tendencies and results that distinguished lawyer in his protest against the geof the loose state of practice at the bar, I would suggest neral opinion, that the law is a dry and unpleasant the proper remedies. I do not hesitate to do so. The study; such, he says, he never found it, and such, I be. propriety of pointing out what is deemed evil and er- lieve with him, “it has never been found by any per. ror, is often to be determined by the intention in so do. son, who has applied himself to it with sufficient natural ing to assist thereby in effecting their amelioration or and acquired endowments, and a determined resolution total removal; and however feeble the effort may be, to not to be disheartened by its first difficulties ” make it is one of the duties of the station I fill in the I feel that I should omit a most material suggestion, Academy, and a part of the great duty which every did I not, in addition to what has been said upon the man owes to his profession. The courts only have the necessity of a longer period of study, urge upon you power to add to the length of time required to be de. the advantage, or rather the necessity of devoting the voted to the study of the law. It is for them to inter first three years after your admission to the bar to study, pose their authority,and insist upon more perfect know and of refraining from engaging in much business. This ledge, before they suffer that sanction of qualification, period may be most usefully employed by the student admission to the bar, to mislead those who regard it as evidence of capability, and rely upon it in their choice Mr. Maddock's Principles and Practice of the High of a guide through legal difficulties. Let me not be told Court of Chancery-close of the preface. that the fame of Erskine and Curran, whose periods of † Merry v. Power, Speeches of the Right Honourastudy were not longer than those which I wish to see ble John Philpot Curran, Master of the Kolls, in Ireincreased, is an answer to this suggestion. Elevated to the land, p. 477, 4th Edit. Lond. 8vo, 1815. highest judicial offices of the country, they added to the # See Sweigart v. Lowmarter, 14 Serg. & Rawle, p. number of examples that prove, how little reliance is to 202. be placed upon hasty preparation for the bar-truly f"The Lawyer's Farewell to his Muse." Dodsley's bas it been said by a writer to whom we are all indebt- Miscellanies, Vol. 4. ed, "that in an English court of justice the veriest dolt | Part I. p. 54, N, York Edit. 1824.