New national era. [volume] (Washington, D.C.) 1870-1874, 1873-09-04

Commencement OF the Law Department.
OF Howard University, BY Henry O.
Wsgoner,Jr
At a time like this the mind is actuated by
Two impulses. Like the double headed
Janus il looks in two directions. On the
one hand it endeavors to retrospect the
known, and on the other it seeks to conjec-
ture the unknown. In obedience to these
two opposite tendencies We shall indulge
n some reflections on the great science of
the Law, with which, As candidates for de-
grees, We are presumed to be, to some en-
tent familiar; and at the same time we NAV
be allowed TO venture few observations on
tie profession Itself, upon which We are now
about 20 enter.
TNINEgsALITl OF LAW.
Law, in .ts wide and comprehensive sense,
i, universal. The mental, moral, and physi-
cal systems are governed alike by memorable
laws. five look upon the heavens on a calm,
c!earnisht. what sublime aspect We behold!
There We see the laws of gravitation and Of
motion operating on the grandest scale. The
talnkling stars and silycry moon, which give
to night its beauty, proclaim in sublimcst
accents the existence Of the organic laws.
Tuning our eyes from the contemplation of
the heavens to the inspection of nearer OBJ
iects, We are equally impressed with the
majesty Of all-peryadng law. Vegetation
has lis laws Of growth. The ehb and flow
Of the tide of the sea are but effects of the
laws Of attraction. Penetrating below the
IL, n,
presence of laws in the stratiiication Of its
crust. Directing our powers of inspection
inward upon the mind itself, we discover that
is operations are regulated by systematic
rules known IS the laws of psychology
Then there is the Moral Law, appertaining
exclusively 10 man rs rational and RESPONSE
ble being, as revealed to lis through nature
and other sources, aud which embodics the
principles and eni"ins the practice of truth
and Justice.
Taken together these are all included in
what are denomnated the Laws of Nature
They are the ordinances Of a great First
Cause, Supreme Being, whom we call God
MUNICIPAL LAW.
But in its more restricted sense, and the
one with which we are now to deal, the term
Lar, in the language Of Sir William Black
stone, may be defined to be "a rule Of civil
conduct prescribed by the supreme power in
State commanding what is right and pro-
hibiting what is wrong"
From this definition it must not be sup
posed that a strict conformity with law is
synonymous with religious duty. 1t should
be remembered that Governments are insti-
tuted to conserve the temporal welfare Of
society. The protection of the law follows
US from the cradle to the grave; but there it
stops. There is a distinction between moral
right and wrong and legal right and wrong.
While municipal law follows the analogy of
the ethical code, and is rarely in conflict
with II, it does not discriminate so nicely. A
man may often sin against morality and yet
be guilty Of no legal crime. 1t is only in our
capacity as members Of society that the law
controls our conduct. Beyond this it does
not seek to go; beyond this it has no right
10 go. If men were infallibie in Judgment
and angelic in disposition the whole system
Of human legislation would be work of
Dul sluCe, Hi men
are neither saints nor Solomons there is need
Of some more wholesome and tangible re-
straints than those which the uncertain pen.
alties Of the moral law exert. The remote
anticipation Of future punishment would
rarely be sufficient to subdue the selfish,
sordd, and rapacious tendencies Of man.
And at best the only preventive agency OF
the moral Law is conjunction of conscience.
1t has no power to disarm the man of the
means Of offending. Municipal law supplies
these wants. The visible halter has proved
more appalling to the vicious than the pros.
pect Of eternal damnation the clanking Of
chains and the gloom of dungeon, than the
wrath OF an ayenging God.
The whole aim and end of all Govern.
Iuents, Of whatever description, is simply the
establishment and administration of law
There has been much speculation as to which
was the most ancient form Of government
but, as some bard has said, each state must
have its policies:
Kingdoms have edicts, cities have theil
charters;
Even the wild outlaw, in his forest walk,
Tor not since Adam wore his yerdant apron
Hath man with man in social union dwelt,
But laws were made to draw that unioI
Closer
While the law pretends not 10 interfere
with purely casuistical questions, vet it enters
INTO many Of the most intimate relations o
He. Ii defines the rights and dntes Of hus
band and wife, parent and Child, guardian
aud ward, master and servant, principal ant
agent; and, from the very nature Of govern
neht', the combined strength of the commu
MY Is pledged to enforce these rights ano
liabilities. 1t regulates the use and transfe
o. property. Indeed, there is hardly phas,
0i our social life which is not in some wa,
Affected by law. If we employ another t,
Perform some service the law interposes tn,
presumption that We agree to pay a quantU
"'s'Ui or what it is worth. If We hire car
''l2e We, perhaps unconsciously, enter int,
contract Of bailment, ideatio rel, with it
attendant rights and responsibilities. If W,
walk abroad for pleasure or business, we ar
h"t only exercising q natural right, but tn
nttsnas na and fbvnus oropnd ma a.