The Southern Literary Messenger, Vol. I., No. 4, December, 1834Various
History
The Southern Literary Messenger, Vol. I., No. 4, December, 1834
Various
American literature -- 19th century -- Periodicals
But with us the case is different. The authority of our governments is
derived by a title that fears no investigation. We feel sure, that, the
better it is understood, the more it will be approved. It rests too on
a charter conferring regulated and limited powers; and the well being
of the country requires that the limitations and regulations be
strictly observed. Now every man among us has his "place in the
commonwealth." It is on the one hand, the duty of every man to aid in
giving full effect to all legitimate acts of government; and on the
other, to bear his part in restraining the exercise of all powers
forbidden or not granted. Every man therefore owes it to his country to
acquire a certain proficiency in constitutional law, so as to act
understandingly, when called on to decide between an alleged violation
of the constitution, and an imputed opposition to lawful authority.
Such occasions are of daily occurrence. Scarcely a day has passed,
since the adoption of the federal constitution, when some question of
this sort has not been before the public. Such is the effect of that
impatience of restraint natural to man. So prompt are the people to
become restive under laws of questionable authority, and so apt are
rulers to strain at the curb of constitutional limitations, that one or
the other, or both of these spectacles, is almost always before us.
When you come then, young gentlemen, to the study of political and
constitutional law, you will find it no small advantage to have been
engaged for some months before in studies of a similar character. The
opinions you will then form will be properly your own. I may not be so
successful as I might wish, in impressing you with those I entertain;
but I shall be more gratified to find you prepared to "give a reason
for the faith that is in you," whatever that faith may be, than to hear
you rehearse, by rote, any political catechism that I could devise. I
shall accordingly postpone any remarks on constitutional and political
law, until your minds have been exercised and hardened by the severe
training they will undergo in the study of the private rights of
individuals, of wrongs done in prejudice of such rights, and of the
remedies for such wrongs. All these topics are embraced in the second
and third division of municipal law, that I have laid before you.
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