filled which gives dignity and honor. Always thus acting, you may be benefactors of your race-may help to exalt your country and consolidate its liberties, and at last earn for yourselves enduring monuments.

Fellow Citizens--all who hear-of every age and condition--we all have our allotted places, and our alloted duties. Shall we fill those places, and discharge those duties as freemen ought? Whatever may be our station, our influence will be felt. Then, "act well your part, there all the honor lies."

in his retirement, the society of the illustrious not the station, but the manner in which it is dead, and the consolations of philosophy, and thus soared above destiny and robbed fate of its victim. To his friend Sulpicius, he wrote thus-"My daughter remained to me that was a constant support-one to which I always had recourse the charm of her society made me almost forget my troubles; but the frightful wound I have received in losing her, uncloses again all those I had thought healed. I am driven from my house and the Forum." But to Varro he wrote thus-"I have reconciled myself with my books-they invite me to a renewal of our ancient intercourse-they Like the golden leaves of Autumn, our patell me that you have been wiser than I in triarchs are dropping around us; a few only never having forsaken them--I seek my repose remain to watch over the work of their hands, with true satisfaction in my beloved studies." and close the age of glory. La Fayette-the Do you desire that fame which shines like last surviving general of the Revolutionthe twinkling star, and whose temple stands friend of our country, and benefactor of manimmovable on the mountain's summit? Knowl- kind--has just taken his flight from the troubedge-true knowledge, is the beaten and toil- led scenes of earth, and is, we hope, once some way, and all other paths bewilder and more and forever, united with Washington and mislead. Who would not prefer the fame of Adams and Franklin. And soon--too soon Socrates to that of Cleon--that of Cicero to for us--not one of the patriarchal band will be that of Clodius, or Anthony, or Lepidus, or left behind to guide and to instruct the new Cæsar?-the fame of virtue to the blazonry of generation that succeeds them. And when-titles or of arms?-Knowledge is the only pass- appointed by Heaven-the last survivor shall port to a virtuous immortality; and its per- close the long line in its march to the skies, sonal exemplifications shed a happy moral shall he tell that the great work of their lives influence. Sappho, you know, was canon- was in vain--that their sons have proved reized as the 10th muse; and old Cato was call- creant and dishonored their trust?-or shall he ed the 13th table of the Roman law. And bear the glad tidings that all is yet safe? Let the classical reader remembers that, when al- us be true to ourselves and faithful to the memmost all the Greeks, captured with Nicias at ory of our illustrious dead, and all will be safe Syracuse, had died in dungeons, a remnant of --safe to us, and safe to those whom we shall the survivors saved themselves by the recita- leave behind us. All depends on ourselves and tion of beautiful extracts from Euripides. our fellow-countrymen. Shall this Union be How potent was the shadowed genius of the dissolved, and the fame and the ashes of our immortal Athenian when it alone melted the father's divided? Will we bequeath to our chilicy hearts that nothing else could touch, and dren happiness or woe-degradation or glory? broke the captive's chains which justice, and Our work is not hard. Honesty, and vigiprayers, and tears, had in vain tried to un-lance, and true public spirit among ourselves, foose? And hence "the glory of Euripides and proper examples and precepts to our chilhad all Greece for a monument." He too was dren, will finish all that remains for us. Let elevated by the light of other minds. It is us improve our country, and preserve and said that he acquired a sublime inspiration strengthen the fabric of liberty reared by our whenever he read Homer-whose Iliad and predecessors; and let us, by the proper means, whose Odyssey-the one exhibiting the fa- prepare our successors for its continued pretality of strife among leading men-the other servation and enjoyment. The age of glory is portraying the efficacy of perseverance--have past or is fast passing away. Let this be the stamped his name on the roll of fame in let-age of improvement-improvement here as ters of sunshine, that will never fade away. well as elsewhere---improvement in virtue and No memorial tells where Troy once stood-intelligence--in government and in laws. Delphi is now mute-the thunder of Olympus And then-after we too shall have joined is hushed, and Apollo's lyre no longer echoes our friends and the friends of our country along the banks of the Peneus--but the fame of Homer still travels with the stars.

above-should our departed spirits be permitted to re-visit the scenes of our pilgrimage here But my young friends, knowledge, to be below, a century hence, we may see the Staruseful, must be active. If you wish to be most spangled Banner-unsoiled and unrifleduseful, do not, like Atticus, shrink from the proudly waiving over an hundred million of responsibilities of public life, nor always our posterity, free and happy, and grateful to agree-right or wrong--with the dominant those who completed the great work our fathparty-but, rather like Cicero, actively and ers began. And then too-with Washington honestlay devote all your talents to the service and Adams and Jefferson and La Fayetteof your country, and in vindication of its in- may we behold, in the temple of concord and stitutions and its liberties. With Epaminon-union, the altar of liberty, the altar of justice, das, neither seek nor decline, on account of and the altar of God, standing side by sidetheir imputed dignity, places of public trust; firm, broad, and resplendant; and consecrated and always remember his maxim, that, it is forever to Earth and to Heaven.

PRELECTION.

Introductory Lecture, delivered in the Chapel of Morrison College, on the 7th of Novemer, 1835

LEXINGTON, NOVEMBER 9th, 1835.

DEAR SIR: We have been deputed by the LAW CLASS of Transylvania University, to express to you the high gratification they received from the delivery of your Introductory Discourse; and, to request, that you would favor them, with a copy for publication.

We take pleasure in performing the duty assigned us, and are,
With great respect, your obedient servants,

BENJ. TOMPKINS,

C. M. CLAY,

B. E. GRAY,

W. M. TUNSTALL,

J. F. BUCKNER,
R. H. COCKE,
J. B. HOUSTON.

HON. GEORGE ROBERTSON, Professor of Law,

T. U.

LEXINGTON, NOVEMBER 10th, 1835.

GENTLEMEN:—In answer to your polite note of yesterday, requesting a copy of my late Introductory Lecture, for publication, I tender to yourselves, and to the Law Class whom you represent, my acknowledgements for your and their kind consideration, and freely present you with a copy of the address.

With sentiments of high respect and sincere friendship,

I am, Gentlemen, yours respectfully, GEORGE ROBERTSON, Messrs. TOMPKINS, CLAY, TUNSTALL, BUCKNER, COCKE and HOUSTON.

ADDRESS.

GENERAL expectation, as well as established usage, demands, at this professional anniversary, a public address introductory to the didactic course of legal instruction in which we are about to engage. The pressure, until now, of other and more important public duties has left us leisure scarcely sufficient for some general and discursive suggestions respecting the character and elements of Law, as a sciencea subject which, in its most graceful and attractive form, would be comparatively dry and uninteresting to a miscellaneous auditory.

Therefore, in attempting the discharge of this preliminary duty, we respectfully invoke your patience and indulgence.

Universal law, thus comprehending so many interesting departments of knowledge, each depending on natural fitness and eternal principles of reason and of right, must be admitted to be, not only a perfect, but a beautiful and voluminous science, which vitally concerns all things and all men, under all circumstances, and throughout all time. It is, in the only perfect sense, the supreme law, which cannot be universally obeyed without universal harmony and peace, or violated, in any possible instance, without consequent disorder and punishment. It is the immovable foundation of all human obligation and of all human power; and an enlightened contemplation of it in its outline or in any of its branches, however minute, tends to elevate and ennoble the character of man, and must improve and exalt the mind.

emanating from the CREATOR of all things, and binding the universe to the Throne of Heaven.

Among human sciences, Jurisprudence is first in utility, first in variety and extent of knowledge, and should therefore be first in dignity and in public estimation. But nevertheless, vulgar prejudice, arising from ignorance But of a system so infinite and so sublime, of its true nature and extent prevailing among a more particular analysis would be now inaptoo many of the select class whose lives have propriate. We will only add that univerbeen ostensibly dedicated to it as a branch of sal law is either a fixed and controling principrofessional learning, has doomed it to an un-ple of being, or an inflexible rule of action just degradation in public opinion. When considered philosophically, it is not, as it has been too often deemed to be, a circumscribed art Positive law is an artificial system of rules or trade, altogether practical and arbitrary, resulting from, and peculiar to the social and but is a vast department of knowledge, pre- civil state of man, prescribed by human legeminent in value, illimitable in extent, and islation for regulating civil conduct, and eninfinite in detail-embracing, as far as it is forcing civil obligations. These laws, mutable visible, in its luminous outline, the elements various and comparatively imperfect, but inof all human science-the concentrated wis- dispensable to the happiness and dignity of dom of ages-and the immutable principles of our species, constitute the elements of civil natural fitness and enlightened reason. jurisprudence. And it is in this restricted Jurisprudence is, as we know, generally de-sense that the term jurisprudence is profesfined to be "the science of Law." Laws, ac-sionally used and generally understood. And, cording to Montesque, are but the necessary though universal jurisprudence is, as it has relations of things. And, thus comprehen-been defined-"the knowledge of things husively uuderstood, law governs every thing in man and divine, the science of what is just the physical and moral universe; and is di- and unjust"-the latter branch of the definition visible into two great orders-natural and pos-alone designates the science which engages itive or universal and civil. Natural law is immutable in its nature, and universal in its authority and operation; and is either physical or moral.

the peculiar attention of the legislator and. jurist. This may be appropriately termed civil jurisprudence, because it regards man in the civil state, and regulates political and civPhysical law governs the material world il relations. This department of jurisprudence and all animal existence; and is sub-divided may be sub-divided into general and particuinto various subordinate departments--such lar, rational and arbitrary. General law is as Chemistry, Mechanical Philosophy, Geol-that civil code which has been recognized by ogy, Anatomy, Phisiology, Botanv. &c., &c. all civilized communities of men, and is foundMoral law is the system of rules prescribeded on the principles of universal reason and by God, for the conduct of rational beings in a state of nature, or independently of civil rela- Particular or local law is the system of postions aud obligations, and is of two classes-itive enactments, which are peculiar to one Theology, or the relations and duties of man place or people. The body of the laws of every to his Creator-and Ethics, or the natural re enlightened age or nation, are rational, or delations and obligations of man to his kind. ducable from reason and analogy. This is

right.

science; profound and exalted science. Laws which alone can preserve order or tranquility, merely arbitrary and local are comparatively or ensure justice, peace or security. And here rare and unimportant.

Rational law prevails, to some extent, among all civilized men, and is the same every where. And hence among nations, differing in climate and in language, the same general rules of individual right and relative justice may generally be found to prevail.

we may, at once, perceive the nature of the obligation of human laws-the importance of wise and just legislation-and the beneficence of a stable, authoritative and enlightened administration of positive law. Human legislation, always imperfect, must correspond with the character of the legislature. In legislation, as well as in physics and in morals, the cause will produce its kindred effect; and, as light cannot spring from darkness or virtue from vice, so neither can wise and salutary laws be the offspring of legislative ignorance, selfishness, or passion. Just and rational legislation is the rare fruit of prevailing virtue and intel

A thorough knowledge of civil jurisprudence pre-supposes a general knowledge of the principles of justice, and of social and political organization, as well as an acquaintance with the history and laws of nations, and the local laws of our own country; and requires a mind of peculiar power, enlightened by general science, and invigorated by severe and systematic ligence. But, in every civilized community, study; and consequently, it must be a science of a high order. This may be demonstrated by a very slight attention to the nature of law. And our chief purpose in this initiatory address is, to improve this interesting occasion by an imperfect analysis of the elements and objects of positive law, and by some incidental reflections on our own peculiar institutions.

the occasional aberrations and capriciousness of the legislative will, almost invariably yield, in time, to the salutary wisdom of experience, and to the settled predominance of principle.

The enactment and enforcement of law require the exercise of the three primordial func tions of sovereignty-the legislative-the judiciary-and the executive; and the depositoSociety is the natural state of man. This is ry of these powers possesses inherently, in a proved by his history in every age, aud coun- relative sense, incontrolable authority; and try, and clime; and may also be demonstrated hence all law is, in the same sense, paramount by considering, in a ratíonal and philosophical and obligatory as long as it exists. Just comes spirit, his physical and moral adaptations-his from jubere, to command: and right is rectum capacities-his sympathies-his corporeal im- in Latin, the past participle of regere. Thus, becility and helplessness-his great improva- in a legal sense, one person's right is that bility and potential pre-eminence-his faculty which all other persons are ordered or comof speech-his destiny. Societies cannot exist manded by law to let him have and enjoy. In without conventiona! organization and laws; legitimate governments, all human laws are nor be happy or prosperous, unless those laws enacted by the people, or with their tacit or prebe just and effectual. As all men are by nature sumed authority and consent, and, operating entitled to equal personal rights, and as the as they do, personally, the legislative authority, greatest attainable good of the greatest number wherever it may be deposited, or however it is the ultimate object of political association, may be limited, must be superior to the will or the will of a majority possesses an inherent authority, or power, of any member of the body and natural authority, as a law for all, and politic; and is, therefore, in this sense, suwhich therefore, each constituent member must preme. But it is not necessarily the supreme be presumed to have agreed, by the act of be-power of the State; and is certainly not so in coming a member, not only to obey, but to aid the North American states, whose written funin enforcing and upholding, if it be consistent damental laws limit the legislative authority with the fundamental principles of their civil-distribute the functions of government into organization. As every civil community must three separate and co-ordinate departments, have a common will and a corporate existence each independent of the others, and reserve to and power, each individual member must have the people ultimate supremacy. In England surrendered, by necessary implication, as much there is no fundamental law-that which is of his natural liberty as may be necessary for called the British Constitution, is nothing but giving sufficient authority and effect to the ag- a set of statutes and principles of unwritten gregate will, to be expressed and enforced ac- law, which have the authority of legislative cording to the terms and ends of their associ- prescription, and have been, in some degree, ation into one body politic. And consequent consecrated, in the popular feeling and judgly, as human society and human government ment, by age, and national associations, and are indispensable to the personal security and ancient reminiscences. Hence, in England, dignity of every individual of the human race, Parliament is said to be omnipotent, and none all positive laws, authoritively enacted and of its enactments can, in a practical and effecconsisting with the principles of universal tual sense, be deemed unconstitutional, are law, possess a supreme sanction as effectual therefore void. and as obligatory as the security and welfare But here our constitution and fundamental of the aggregate body and of every constituent laws are declared to be supreme: and therefore, member can make it. It is the interest, and as the judiciary must, in the administration of therefore, the duty of every citizen to acknowl- the laws, decide what the law of each case is, edge the authority and maintain the efficacy it must necessarily disregard, as a nullity, any and dignity of the laws of his country; for it legislative enactment in violation of the conis the supremacy and inviolability of law, stitution or the supreme law. No such in

terdicted enactment can here be considered be amendable to the judgment and control of law. But, in a political sense, the judiciary any other nation, and is, of course, under no of America is not superior to the legislature other obligation than that of conscience, which -nor the legislature to the judiciary; each, in requires perfect justice among nations as well its appropriate sphere, is the sole representa- as among men. And hence the internal law tive or agent of the common and only sovereign of nations has arisen. The external law, or -the constituent body, or the people. law of perfect obligation, requires no further explanation or definition than that which the term itself imports.

Positive law is divisible into a three-fold classification-national, organic and municipal; respecting each of which we will now proceed to take a general notice-a mere coup ael view of their character and elements, as understood according to American principles and doctrines.

The natural law of nations is necessarily immutable and universal, and can be understood only by applying the principles of ethical jurisprudence to nations as far as, in the nature of things, they are reasonably applicaSeparate and independent communities are ble. The fundamental principle of ethics is the natural offsprings of diversities of climate that human happiness, temporal and eternal, -of topography-of moral character-of lan- is the ultimate end of human existence, and guage and of the vastness of the territory should be the object of all human action and and population of the earth, separated by pursuit. The same principle is the true test physical and moral barriers. of the necessary law of nations; and conse

As a nation or state is but an aggregation of quently, it is the duty, as well as the interest natural persons associated into one body poli-of nations, to observe justice and to cultivate tic for social and civil purposes of mutual im- peace and friendly intercourse among each provement, security and happiness-bound other, and to do to each other all the good they together by some fundamental compact, ex- can, consistently with their own safety and press or implied, and governed and protected welfare. This was understood by the wise and by the same law and the same power; each in-good even in the age of Xenophon, who, in his dependent nation or state, though composed of Cyropedia, suggests a sufficient reason for it; a multitude of natural persons is politically and and that is, that no nation can reasonably exrelatively to all other nations or states an unit, pect to receive from another that which it will possessed of legal and moral individuality; not reciprocate, or, in other words, more jusand is, though an artificial, yet a moral being. tice and beneficence than it practices towards Having a corporate power and will, the differ-others.

ent nations of the earth are, as between each The positive or arbitrary law of nations is other, like so many natural persons, living in- composed-1st. of customs and usages which dependently in a state of nature; and conse- have been established by tacit recognition, and quently, as the laws of nature, though modifi- are denominated "the customary law of naed by the social state, cannot be altogether tions; and 2d. of compacts and treaties, called abrogated, each nation has its peculiar natural "the conventional law of nations." rights and obligations, and must be the subject The positive law, depending, as it does, on of a moral law, possessing an inherent obliga- consent, is liable to change. But it is the most tion paramount to that of any civil or human extensive and practical branch of national law, authority; and of course, also, there must be and must be learned in the civil and diplomatic among nations some code of international law history of civilized nations, who, in modern for regulating their intercourse and their recip- times, and especially wherever the christian rocal rights and obligations. This is what is religion has shed its meliorating influence, called the law of nations"-which is divid-have reduced international jurisprudence to ed into the natural and the positive law of something like a regular and harmonious sysnations. The natural law of nations is di-tem, founded on the stable and universal prinvided into two branches-the internal, or that ciples of natural justice and enlightened polwhich is binding in conscience only, and there-icy. This code of laws, thus but recently mafore imposes but an imperfect obligation; and tured and systematically practiced among the external, or that which creates a perfect ob- christian nations, and to the recognition and ligation, which may be enforced by an appeal prevalence of which, the maxims and usages to arms, the ultima ratio regis. As a natural of our Republic have essentially contributed, law must be adapted to the subject of its ap. is divisable into two classes-the one public plication, and as a nation is not precisely and the other private The public law is that in all respects like a natural person, the natu- which regulates commercial, social, and diral law of natural persons is only so far the plomatic intercourse between nations, and law of nations as it is suitable to their defines their rights and their duties, as bepeculiar and essential character and rights. tween each other, in war and in peace, and the A nation has a right to do whatever may be extent of their power and jurisdiction. The necessary to preserve its independent existence, private law is a law of comity, regulating the and to promote the legitimate ends of that ex-extent to which the laws of one pation may istence; and an independent nation must, operate on persons or things within the jurisfrom the necessity of the case, be the sole diction of another nation. The domestic laws judge, in most instances, of the proper of the various nations of the earth, for regulameans of effectuating those ends. A nation, ting contracts, and succession and personal when it has the right to judge for itself, cannot rights, and the modes of acquiring, and of