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
These striking words, which are from the pen of the celebrated Edmund
Burke, call to mind the high testimony which he has borne in favor of
the study of the law, as a school of political rights. After having
acted an important part in procuring the repeal of the stamp act, he
made his last effort in favor of the rights of the colonies, in March,
1775. On that occasion, laboring to dissuade the British parliament
from pushing America to extremities, he descanted on the love of
freedom, which he pronounced to be the predominating feature in the
character of our fathers. The prevalence of this passion he ascribed to
a variety of causes, none more powerful than the number of lawyers, and
the familiarity of the people with the principles of the common law.
His ideas I will give you in his own words, for it is only in his own
words that his ideas ever can be fittingly expressed.
He says, "In no country perhaps in the world is the law so general a
study. The profession itself is numerous and powerful; and in most
provinces it takes the lead. The greater number of the deputies sent to
the congress were lawyers. But all who read, and most do read, endeavor
to obtain some smattering in that science.... This study renders men
_acute_, _inquisitive_, _dexterous_, _prompt in attack_, _ready in
defence_, _full of resources_. In other countries, the people, more
simple, and of a less mercurial cast, judge of an ill principle in
government only by an actual grievance; _here they anticipate the evil,
and judge of the pressure of the grievance by the badness of the
principle. They augur misgovernment at a distance, and snuff the
approach of tyranny in every tainted breeze._"
Such, young gentlemen, is the important and useful influence which the
study of our profession enables its members to exert. But if, instead
of preparing their minds by this study, the very men to whom the people
look up for light, do but provide themselves with a few set phrases
contrived to flatter and cajole them, what but evil can come of it?
"The people can do no wrong." Why! this if but what all sovereigns hear
from their flatterers. In one sense, it is indeed true of both, for
there is no human tribunal before which either king or people can be
arraigned. But neither can make right and wrong change places and
natures.
"_Vox populi, vox Dei._" "It is the voice of God." So said the Jews of
the impious Herod. But the judgments of the insulted Deity showed how
mere a worm he was; and _his_ judgments are not limited to kings, nor
withheld by numbers. We may preserve all the outward forms of freedom,
the checks and balances of the constitution may remain to all
appearance undisturbed, and yet he who can "curse our blessings" may
give us over to all the evils of despotism, if we do not "lay to heart"
the high duties of that freedom wherewith he has made us free.
Public-domain text, read in full here on John Shaqi.
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