and legislators, will occupy stations peculiarly conspicuous and responsible. We believe that, here the pure vestal light of truth is to shine, if it is ever to live among men-that here, if any where, civil liberty is to be established and preserved-that here, the decisive moral battle, now evidently commenced, is to be lost or won, for ages; and that, in this new world, jurisprudence is to be brought to its utmost perfection, and elevated to its true dignity.

gress in the science of jurisprudence, or for ultimate usefulness, or honorable distinction. And we trust that the law department of Transylvania, will never be degraded by its professors, or its pupils; and may we not be permitted to hope, that this, our own cherished Alma Mater may, in all her departments, soon be resuscitated and, once more, become the pride of the west? Her fate depends, in no inconsiderable degree, on the conduct of her sons. They may reflect honor, and raise her, The law is the accustomed pathway to poor bring shame and sink her, in the opinion of litical influence and distinction. May those a scrutinizing public; and none of those who of you, whose fortune it may be thus to rise, will be nourished at her breast, will have deserve public confidence. Always vindicate more influence on her destinies than the pupils the law's just supremacy, and especially defend of her law department. Remember then, the rightful supremacy of the federal constituyoung gentlemen, that, in these academic tion and the union and harmony of the states. halls, you will only be initiated into a bound- Any one, at all acquainted with the history of less science, and that true professional emi- that constitution, and with the history and nence can be attained only by extensive learn- character of men, must see that, if the existing ing, virtuous habits and pure principles. Re-Union should ever be destroyed by dissolution member your obligations to this institution, to or consolidation, it will never be re-established. yourselves, to your friends, to your profession, Even now the safety of the constitution and and to your country. The habits and princi- the integrity of the Union are, in the opinions ples which may be here acquired, may fix of many wise and good men, menaced by the your characters forever. If it should be your licentious spirit of disorganization, and the fortunes to be lawyers, judges or legislators, factious influence of selfish politicians. Moral remember that knowledge, and much and vari-light, and that alone, can surely save—and we ous knowledge, will be necessary for the hon-trust that it will be speedily diffused, so generorable discharge of your duties; and may none ally and effectually, as to rescue and preserve, of you-whatever or wherever you may be in this distinguished land, the principles of ever forget that: "An honest man's the noblest sound morality, pure religion, and enlightened

work of God."

law.

May it be your lot, gentlemen, to be efficient and useful actors in the eventful scenes that are coming. May it be your fortune to share the honors and the blessings of a glorious triumph for our country and mankind; and may you so act, here and hereafter, as to reflect honor on this institution, exhalt the character of the west, and shed lustre on American jurisprudence.

PRELECTION.

TO THE HON. GEORGE ROBERTSON,

Lexington, Nov. 13th, 1836.

SIR,--We have the honor of expressing the thanks of the Law Class, for the very able and appropriate Introductory Lecture delivered by you in the Chapel of the University, on the 12th inst., and of requesting a copy of the same for publication.

Having shared the high gratification of hearing your Lecture, we take great pleasure, in pursuance of their desire, in making this application. We have the honor to be, with the highest consideration,

Yours, &c.,

THOS. A. MARSHALL, Jr.
JOHN TITUS,

A. J. LAFON.

CALEB M. MATHEWS.

Lexington, Nov. 13th, 1836.

GENTLEMEN, As my late Introductory Lecture was intended for the benefit of the Law Class of Transylvania, it is at their disposal; and I am pleased to learn from your polite note of the 13th inst., that it was deemed satisfactory.

Accept for yourselves and for the class my acknowledgments, for such a testimony of approbation, and an assurance of the perfect good will of Your and their friend,

G. ROBERTSON.

Messrs. Marshall, Titus, Lafon, and Mathews.

ADDRESS.

HAVING, in our last Introductory Lecture, per time and in a becoming manner, to a regiven a very general analysis of the nature of storation and firm establishment of their long LAW, and comprehensive classification of its lost privileges. As long as this tower shall elements, we shall, in this address, attempt a stand and this flag shall still wave-civil and But let the more particular consideration of the most in- and religious liberty, with all their countless teresting branch of American Jurisprudence blessings, are sure and safe. -the political organization of the North American bulwark sink and the American American Union. This, also, being limited emblem fall-and with them must perish for by the occasion, will necessarily be summary a time, if not forever, the dearest rights and Civil and religious liberty are and imperfect, and will, therefore, only em- most cherished temporal hopes of christian or brace an outline of a circumstribed view of the civilized man. origin and nature of the Federal Constitution, indissolubly associated. One connot exist seand of the only means of preserving unim-curely, if at all, without the guardian compaired, and of rendering most effectual, the panionship of the other. peculiar fundamental institutions of our common and much distinguished country.

ment and security of our liberty and peace. For both reason and history proclaim, as an axiomatic truth, the political aphorism of our whole country:-"UNITED we stand-DI

Until both shall universally prevail, man can never attain his proper rank in the scale The lapse of the last eighteen hundred and of being, or his ultimate destiny upon earth. thirty-six years, has not been marked by an And looking, with either a christian or philoevent more interesting to mankind, than the sophic eye, on the progress of events for ages adoption of their national constitution by the past, we have some reason for cherishing the The hope that our favored land is the preparatory people of the North American States. affairs of men, like the phenomena of the theatre, and our civil institutions the initial physical world, being controlled by instru- means intended by an overruling Providence mentalities progressively developed in the on- for establishing, in all time to come, and for ward course of an immutable Providence, en-extending throughout the world, human liber- . lightened philanthropy looks back on the ty, human happiness, and human glory. The Lutheran Reformation-the invention of the union and harmony of these confederate States, Printing Press-the discovery of the Magnet's and the consequent prevalence of the federal polarity-the transatlantic voyage of Colum-constitution, are indespensable to the enjoy bus-the discovery of America-its colonization-the persecutions which contributed to its eivilization-and the civil Revolution of "76," which liberated its northern half from the dominion of European priests and monarchists-VIDED we fall!" It is under the influence of such sentiments not only as among the causes, pre-ordained by a wise and benignant God, for the regener- and such prospects, that we feel, in all its ation of man, but as pioneers appointed by magnitude, the peculiar great comparative imHeaven for leading the way to the Ark of civ-portance to mankind of the rare and signal il and religious liberty, constructed by the event of adopting the Constitution of the Unipeople of these States, in 1788, for themselves,ted States. and, as we hope, for all posterity. If this last and best experiment for the consolidation of human rights, and the exaltation of human destiny, made and still progressing in an age and in a land most propitious to success, shall, like all that have gone before it at last fail, the cause of Democracy must be discredited and degraded in the opinion of mankind. But the simple fact that such an experiment has been tried in such a country and at such a time, and has so far succeeded, stands before the admiring world a pyramid of strength to the friends of equal rights; and the spangled banner of our Union, though waving yet alone on its peerless top, encourages all men, of every country and clime, to aspire, at a pro

The discovery of America was among the most memorable of human events, not because it opened a new theatre for commercial enterprise and for the exquisition of fortune and of fame, but chiefly because it has led to other and consequential events already most interesting, wonderful and ennobling: and, of these, the federal constitution of '88 is not the least important. Without this our Declaration of Independehce, and the glorious Revolution which succeeded it, might, like similar agents in fanatical France, have been delusive, and have prepared our beloved country, first for the wild fury of anarchy and vice, and next for a domestic crown and tyrant chains forged by the ambition of some vene

rated Chieftain or loving demagogue, and supreme national sovereignty even to the exrivetted by the perverted passions of his de-tremity of delegating, at one time, to General luded victims. Our colonial fathers of the Washington, dictatorial power-and the peorevolution, not contemplating ablolute inde-ple of all the States, having confided plenary pendence, but intending only to maintain their power, not only acquiesced, but never, in any right, according to the British constitution, to instance, claimed a right to control the authorexemption from parliamentary taxation with-ity of the common head, nor ever arrogated a out parliamentary representation, and to re-right to secede or to make a separate peace. sist the pretension of Great Britain to supre-But jealous, as well of central as of foreign macy over them in all cases whatsoever at-power, and sensible of the importance of detempted to be enforced by the stamp act and fining and limiting federal authority, the peotea duty,-instituted a Congress of representa-ple finally adopted the Articles of Confederatives from twelve of the then thirteen colon- tion which had been prepared, principally by ies, for consulting about the common welfare. B. Franklin, as early as 1775, but were not That Council, called "the Delegates appoint- unanimously ratified until the year 1781. That ed by the good people," and emanating of form of association was also the offspring of course, virtually, though not in every instance, the popular will-for, although it was approvdirectly and in form, from the popular will, ed, in form, by the respective State Legislamet, for the first time, in the city of Philadel-tures, it derived all its authority from the phia, on the 4th of September, 1774, and ex-sanction of the people-because their repreercised supreme authority, in the name, and sentatives only acted out their will and had no for the benefit, of all the people of all those power to bind them without their consent. colonies, and not in the name, nor in the be- But the Articles of Confederation were, in half, of the colonial governments. Pursuant effect, as well as in terms, nothing more than to the recommendation of that assembly, a a treaty between States, each claiming to be Congress of delegates chosen by the people of free and altogether independent. Though it the thirteen United States, as the former col-stipulated that each State and the people of onies were then for the first time called, and entrusted by their constituents with more definite powers of sovereignty, convened at the same place, in "Carpenter's Hall," in May, 1775; and proceeded to prepare for a defensive war; and, on the 4th of July, 1776, adopted the Declaration of Independence in the name, and by the authority, of "the people of the United States," and not in the name nor by the authority of the colonial governments. It was to put down those governments and to substitute others according to their own will, that the people of all the thirteen colonies united and announced, as their joint act, the equa rights of man and their determination to maintain for themselves, to the uttermost, all the privileges of independence and self-government. They alone had a right to make that announcement-it was made by them and for them alone, and for all equally and in common,-and was nobly maintained by them, under the panoply of approving Heaven and the standard of their own union, in the same cause and for the same end. The Government is the body of constituted pubDeclaration of Independence was, therefore, lic authority possessing the right and the pownot only a popular, but a national act-theer to govern. To govern necessarily includes Revolutionary war was equally national-it not only the right to prescribe the rule, but was carried on under the auspices of the con- the authority and power also to enforce it. tinental Congress until 1781, when the arti- Without both attributes, there is, in fact, no cles of confederation were adopted by the 13th regular or established government. To anState, Maryland-and the Treaty of 1783 was nounce the public will and compel the obsermade with the United States, as one nation, vance of it are the functions of government. and acknowledged their independence, as one The public will cannot be LAW unless the United Republic. In the mean time each body politic, whose will it is, has a right to State had, for itself, established a distinct enforce it, against the resisting will of any government for purposes altogether local. But citizen, or of any constituent part of the ag the general Congress regulated all affairs gregate community. And, consequently, as common to all as one struggling and united the articles of Confederation delegated none community. This national council exercised of the efficient faculties of government, the

each State should be bound by the authorized acts of the federal Congress, in which each State, large or small, had one and but one vote,-yet it not only conceded power totally inadequate to the purpose of a superintending and controlling public authority, and declared that the Congress should possess no other or greater power than that which was expressly granted-but it neither created nor delegated any one of the essential faculties of government-Congress might, to a very circumscrib-* ed extent advise, recommend, declare, urge and entreat-but it could, by its own means or its own power, enforce nothing. All its acts were addressed to the Confederate States, as independent and absolute sovereigns-they were not addressed to nor could they directly operate upon the individual people or any one citizen of any one of the States. And the federal functionaries had neither judicial nor executive authority-each of which is indespensable to the existence and the idea of soxereignty or government.

Union which they contemplated was altogether which, when it occurred, was, in itself, a federal, depending on the will of each State grievous evil. For had not the confederation for its duration and harmony, and destitute of been altogether nerveless, our present constiany cement or inherent conservative principle tution may never have been adopted; and the or power whatsoever. Such a union-if union ultimate and probably not remote consequenit could be called-could not long exist-and ces would have been disastrous. But the palcould not exist at all in peace and concord. pable and total inadequacy of an ideal govThe emphatic history of the short-lived con- ernment enabled the enlightened and disinterfederacy of the States furnishes abundant and ested patriots of that day of gloom and desmelancholy proof of this truth, in itself al-pair to urge, just before it was too late, most self-evident. successful appeals to the understandings of a

armed with authority sufficient for preserving union and domestic order, and for maintaining the external rights of all the States and of all the people, as one undivided nation. And hence that, which was cause of mortification and alarm to our predecessors, may be ground of joy and gratitude to us.

As man, however pure and wise, is very majority of their countrymen of the thirteen fallible, and as "the heart of man is deceitful confederate States, in favor of the absolute above all things and desperately wicked," it necessity of adopting a common Government, is necessary to his own welfare, no less thair to the peace and security of his fellow men, that he should be subject to civil rule and coercion. And the uncontrollable self-will of sovereign States is as incompatible with the effectiveness and durability of a federal union instituted for the common welfare of the whole, as the natural independence of individual The confederate Congress had power to deman is, to the prosperity, security, or even existence of a society of men organized for clare war, but none to carry it on-power to the benefit of each and all. In each case make treaties, but none to secure the observand as much in one as in the other, the com-ance of them-power to appoint ambassadors mon will and the common interest must preand other diplomatic agents, but none to pay vail, and the whole must possess sufficient powthem one farthing; and to borrow money, but er to control every part and consequently, none to ensure payment. In fine, power to the law of the whole must be the paramount say, but none to act-a right to declare much, law for each constituent member. Were not but no authority to do any thing. And, therethis self-evident, we might find apposite and fore, even the treaty acknowledging their inunanswerable illustrations of its truth in the dependence was not executed by all the history of all mere confederations among sov-States; and Congress, though it made the ereigns-and especially in that of the Amphyc-treaty, had no power to compel the fulfilment tionic Council-the Achaean League, which of its stipulations-because nothing that fedapproximated more nearly the character of eral authority recommended could be enforced practical government-the Helvetic, the Ger- without the intervention and sanction of evmanic, and the Belgic Confederacies, also ex-ery sovereign State; and whenever any such hibiting the semblance of political power-recommendation was effectuated, it was done and more especially also, our own Articles of by state and not by federal power. If this be Confederation, which only delineated the shad-government it is that kind only which may be ow of a helpless body, without power, sub-imagined to exist when every citizen of every State shall, in every instance, think rightly

stance or life.

No dispassionate and enlightened man, can and act rightly, without the fear or coercion contemplate the annals of our confederation of civil Law; and then no government will be from 1783 to 1788, without feeling a thorough necessary, or can exist otherwise than theconviction that, had not a more vital and effi-oretically and passively.

cient system been substituted for the Articles The necessity of essential renovation and of Confederation, consolidation or dissolution, even radical re-edification was seen and felt and consequent despotism, in some of its hydra by WASHINGTON and his compatriots→→ forms, would have speedily and certainly fol- and the following sentiments from his hallowlowed the imbecility, anarchy, jealousy, colli-ed and oracular pen were also theirs:-"It is sions, and distrusts, which characterized that indispensable to the happiness of the individshort, but most awful and eventful period ual States that there should be lodged somewhich intervened the Treaty of Independence where, a supreme power to regulate and and the adoption of the Federal Constitution. govern the general concerns of the confederate And our own warning his tory portrays, in no republic, without which the union cannot be false colors, the necessary effects of a natural of long duration." "Whatever measures have cause the lifelessness of the confederation, a tendency to dissolve the Union, or contribute without an inherent spark of vitality or prin- to violate, or lessen the sovereign authority, ciple of cohesion. ought to be considered hostile to the liberty And here we have another and striking ex-and independence of America, and the authors emplification of the aphorism that, in the in-of them treated accordingly." And for the scrutable dispensations of Providence, the purpose of preserving the liberty of the States, greatest good not unfrequently arises from that, the recommended, as indispensable,-“An in