The Southern Literary Messenger, Vol. II., No. 4, March, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 4, March, 1836
Various
American literature -- 19th century -- Periodicals
Higher ends were in the view of these orators upon these occasions.
They were subjects connected with the public policy of the times and
with measures which they themselves had directed. Upon the success of
these depended their popularity, and on that hung their fortunes,
their homes, nay, their lives. They afforded happy occasions for
defending their policy, for pushing their claims upon public favor,
and for weaving by a thousand plies the cord which bound them to
popular sympathy, in those moments of deep feeling when the people
were too much absorbed in their own emotions, to examine into the
personal motives of their orators. No such consequences depend upon
the popularity of our orators. Their popularity can scarcely be
really affected, by any orations which they could deliver on the
battle of Lexington, the Bunker Hill monument, or the death of La
Fayette. The public measures of the present day have but a remote
connection with them. What worthy motive then could have influenced
them, we were going to say, in the perpetration of such folly? In
such men of the closet as the younger Adams and Everett, it is not
surprising; but in Webster, who is capable of real and effective
oratory, it can only be viewed as a weak compliance with the morbid
taste of the clique around him.
Of the importance of the study of the ancient laws, particularly the
Roman or civil, we shall say but little, as in the first place, a
view of that subject in all its relations with modern government and
civilization, would far exceed the limits of this essay; and because,
secondly, no one can be found who will deny the uses of this pursuit
to the lawyer. To the general reader we would only remark, that
instead of abandoning this useful study to the lawyers, as a pursuit
proper only to that profession, he would do well to remember that the
revival of letters has always been mainly ascribed to the discovery
of the pandects at Amalphi; that since that time professorships of
civil law have been attached to every learned University in Europe,
and no scholar for many centuries afterwards was reckoned
accomplished without some knowledge of this subject. He should
remember too, that since the revival of letters, this law has formed
an essential, nay, the chief ingredient of the jurisprudence of
Spain, Holland, France, and all Italy, with the exception of
Venice;--whilst, notwithstanding all that has been suggested by the
idle casuistry of national pride, it is the most important portion of
the law of Germany, Hungary, Poland and Scotland. And much as we
boast of the common law in England and what was English America, yet
in both countries, the civil code is the law of courts of admiralty,
the basis of most of our chancery law, and even on the common law
side of our judiciary it is freely used on the subject of contracts,
and has furnished the groundwork, nay, almost the entire system of
our legal pleadings.
Public-domain text, read in full here on John Shaqi.
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