, 1859-09-22

OuuuAE EDfCEnIE0l O4 Uu&ot ia SGl 1+l& t+AAt
which sLall contain all tue laws, b5 whEh it
moTes cad all 'he functions which it performs;
its various departments; Legislative, executive
and judicial, the powers and duties Of 81 its
public officers, its revenues, and the dlderent
branches Of the public service. -.
These are general views, as we looEtrom
AZ elevation upon scene below. It's insnen-
sitJ IL only half compreheuded until we enter
into details. 1t is as if upon mountain top
We look over and beyond bill and valleyalake
and river, and great towns; we understand
their distances; we have general ldeA Of
Eastness; but when we hare desccndAH and
travelled ovtr the scene, then and they ouly
in dc.alls it reaIly was. The distant mountains
which appeared to have sides as smooth and
regular as garment Of fur, we find conr3osed
OF giant ridges deep valleys, torrents and aptef-
falls The valley which seemed spread on like
a map Of lesel ground, is filled with wi!ding
streams, and roads, succession OF hif and
vale, covered al over with villages andy $Sfarm-
houses, and vocal with the voices OF nd + and
animals. So would it be, If nfaer the general
view we have taken you should enter intdmore
minute details. II
Let US select for example single depart
ment and follow out its subdivisions TAKE if
you will the contract Of sale, and see intSthow
many branches it divides itself. Whether the
CONTRACT be written or unwritten, wbesheEthere
VIC AL AIAAlA} %EAHe1EEp Ut VA1f AA oNA ASN9AEA* ~
transfer, whether the thing axreed npon be al
ready niade. Or cnly to be made. whether i be
sound OF defective OF deficient in quGnGty,
whether there he fair dealing ,lcoh-
sea1ment or misrepresentation rs to 4qal-
iiJ, existence or value, whether the AASg
part, whether the seller OF the purchaser eIer,
and II 50 when aud upon what terms, nsTsTe
scind the contract and be .reinstated: all khfee,
aud many more, are considerations nhectpGfhe
transaction, which the law has carefully ra9id-
ed for, by IN appropriate rule. *
The law may be compared to 1nnjesaqtrre
that is erer growing. Ii has trunk heaEywitl1
centuries, great branches equal to trees ahcm-
selves, with their roots in the parent efunE;
lesser branches, and form those lesser branches
still, till You arrive at the delicate bud, which III
1 few years will be itself branch, with multi
tude Of leaves and buds. Or it Is more lilly
compared with the streams Of Jour own Aiss's-
stream, the father Of rivers; into this pours
the Arkansas, the OHIO, the Missouri into
these again pour lesser rivers; and still smaller
into these last, aud 50 on till you rench ut last
oil over the valley the rnyriads Of nvu}ds, and
trace them to their springs In like manner the
taw appears infinite in is manifestations The
shelves of law libraries groau under the nccu-
mutation of their volumes. The curious ia such
ulatters have computedthat the number Of cases
in the English Courts. relating to practice alone,
amount to IS 900, and that tue common Law has
..,1OO 900 rules -:
Compare this science with any Of tbe other
sciences with those which are esteemed the
greatest in extent, aud the most exalted IN SUBJ
ject. Take eren Astronomy, th noble science.
which numbers among its iIlustrious disciples,
Copcrn1cus, Galilleo, keper, Newton LaPlace,
which weighs the sun aud the planets, measures
their .iislences, traces their orbits, aud pene-
trates the secrets Of that great ltw Which gov
erus taeir motion. Sublime as this science Is,
it is but the seienca Of inanimate matter, and q
few natural laws; while the science which is
the subject of our discourse governs the ac-
lions Of human beings, intelligent and immortal,
penetrates into the secrets Of their souls, sub
dues their will, and alfapts itself to the endless
variety of their wants, motives aud conditions.
Will you compare it with one Of tue exact
seiences-as, for example, with mathema1icsf
vi this science Iwould always speak viii, pro
nents, fAr-reaching and sublime in its results, It
has disciplined and exalted some Of the greatest
minds Of our race, aud been the nursery OF
other sciences, aud Of tile mechanic arts. Lieh-
ni.z, Euler and Ia Grange haze been its teach
crs, and iltustrious examples OF the strength aud
elevation which it eau give to tue intellect. Lat
the science Of calculation is occupied with
single priuciplc. This it may 20 on to develop
more and more, till the mind is almost lost IN
its immensely; yet the development OF that one
principle can never reach in extent, comprehen.
siveness aud variety the Development Ut all tho
principles By which the actions OF men toward
each other are governed in oil their relations
The law, il will be remembered, is the rule Of all
property and all conduct Just SO far as pro-
perry Is diversified land it has scarcely limit,
30 fur is the law Diversified, and rs y1ied as are
human actions. So varied are the rules spple l.
~ Tho M % d!tsrential aud iotesr., eal@aio; i, IN
doub.ed1y tue most subtle instrument OF calcu.
lation which was ever invented; yet it Is but an
instrument Of calculation after all.
As man is m object more interesting than any
| ipauiuute matter, or any abstract principle, or
apr instrument Of calculation; Us il,s actions
are higher objects in the scale Of The universe
than the movement Of any inanimatc thing, 50
| arc tho rules which are the guides Of his con.
duet, greater in extent, variety and interest than
| the rules Of astronomy and mathematics
This rapid surrey snay serve to glrc US some
idea, imperfect. indeed. Of the magnitude Of le.
gal tcience, Though it may be the most fami.
liar Of all things, it is also the most profound
and inmeuse. Ii surrounds us crerywhere Hike
the Light Of this autumna! day, or the breath o1
this all comprrhcnding air. 1t sits with US
sleeps beside rs, walks with US abroad, studies
with the inventor, writes with the scholar and
marches by the side OF escrJ new bTancll OF IN
dustry and every new node Of trayei. The in
faut Ut IN hour old, the old man Of three score
and ten, the feeble woman, the strong aud hard,
man, arc ali under its equal care and b. it allke
| protected aud restrained.
Il is hardly q weakness for one, who loves il
rs DO, 10 seek to detect 1t in its invisible aEen
cies; to sec It gorern where It is silent, aud re
STRAIN where it il unhcard; to fancy it, inyisl
bic foot treading in asl workshops nnd markets
and its invisible hand, waivius tae crowds Eieh
aud left; to follow its majestic. governing art
protecting presence into the lionel. cabin, on
The prairie, into ahe lt,te hamlet, nnou the side
Of the mountain; into the ship, struggling will
| the storm, in the North Atlantic, into the room
br the wav-side, where few disciples arc Wor
shipping God, according to their couseienees
amidst = population Of q different faith, but 4
undistusbed and Us fearless, Is il they we're SUI
| rounded by battalion Of armed men.
We have considered thus fur the naasuitud
Of legal science. It's Importance is more thai
| commensurate with its magnitude. Without
there could be no civilization, and no order
Where there is no iaw, there can be no order
since order is but another name for regulmit
or conformity to rule. Without order, societ
would relapse into barbarism. The yery mag
nitude Of the law is proof Of its necessity.
is great because it is essential. There is a ne
eessjty. not only for Law, but Tor System, wit
arrangement and due relation OF parts. Fo
without this 81 stem the administration Of gov
ernment both in its judicial. and lis admin:
tratiTe departments would !alI ;uto trretTleFaol
j
. are to adlnin,stcs, and those who are to obe1
There is besides, i natural tendency to assim
latiou where there igtgreat number Of rule
lust rs there is natural tendency in substance
10 cry stalliEation. Inv, and the science Of laV
.. 20 therefore together aad both are as essent1
as industry, refinement, liberty, civilization:
! do not affirm that law is the cause Of clslliz
ton, but the concomitaut Of it.
The science Of the law is our great securi'
aguiust the ma1adnainisirasion Of Justice If Il
. decision Ut iitigated questions were to depet
upon the will OF the judge or upon bis notio'
Of wbat was just, our properly and our llE
: would be atthe mercy Of auc&uating judgmeu
c If not Of caprice The existence Of system
! | rules and conformity to them are the easenti
!, conditions Of all free government, and Of repu
; lican government above all others. The l4w
our only sovereign. We hare enth.onedit.
;: other governments, loyalty to personal soy
;, reign is bond for the State- Men eohere h
cause they adhere to the throne. We bare 81
stituted loyalty to the Law, for what with othe
: is loyalty 10 the person. In place Of govez
:, ment Of opposing interests, we hare dout
government Of written constitutions The j.
= interpretation Of these constitutions, and I
Is working Of The double.machinery, 80 that the
mar be no break and no jar are committed i,
le great degree, how great few ever reflect, to t
}e legal profession, and are dependent upon tn
:. | knowledge Of the fciepce OF Law in III its
H. partmenis, political, civil, penal and re1edi
o. | Precisely, therefore, as free government md
1e publican institutions ARE valuable, in the "a
,e | proportion Is the science Of the Law valuable
ameaus Of preserving them-
es Ny subject does not lead me to consider