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love of severe intellectual labor; at the same time that they exhibit for his encouragement, in their own mental powers and eminent stations, the honors and rewards, which the profession of the law can confer on those who are distinguished for talent and fidelity in its pursuit.
When to all these advantages are added free access to a law library, containing upwards of three thousand volumes, and to the general library of the University, containing above thirtyfive thousand; and also the genius of the place, naturally inviting the student occasionally to seek refuge, not in vain and vicious dissipation, but in the pursuits of general literature, from the severe and sometimes irksome toils of legal research; and in connexion with these, the vicinity of a metropolis, which now is, in all times past has been, and, from its general relations, in all future time must be, distinguished for the number of eminent professional men residing there, the opportunity to witness the exercise of whose skill and talents, in courts of justice, is easy and frequent, there is no room for question, that here unite all happy coincidences to excite, instruct, and animate the law student; to relieve him from the apathy and weariness, which at times assail the best disposed natures; and to bring him within the influence of the highest motives and best models of professional merit and distinction.
Under aspects thus encouraging and useful, the Law School connected with this University presents itself for the contemplation and the patronage of the lawyer, the statesman, the patriot, the man of wealth, and the man of learning. What interest of society can more justly claim a liberal and enlightened support, than that which enlarges the means and multiplies the inducements of men, destined for the profession of the law, to be learned, moral, and elevated, in all their opinions and conduct? What profession more deeply influences the condition of society, either for evil or for good? Under every form of government this is true, but eminently so in republics. The law embraces within the sphere of its activity a greater number of relations, than any other profession. All the principles, which guide, support, or defend the rights of individuals and society, are within the natural scope of its action or contemplation. It deals not with man in particular classes, or with respect to particular modes of thought or purpose, but extends itself to his
universal being, in every possible mode in which he can act or exist. It protects the weak. It controls the powerful. It is the refuge of the oppressed. It is the shelter of the poor, and the guardian of the wealthy. The great subjects of its regard are rights, truth, morals, power, liberty. It looks to the past; it considers the present; it has respect to the future. The influences of the men of that profession are, in a greater or less degree, felt every where; in the village, the city, the county, the state, and the nation. By a few these influences are deprecated; by the great majority they are applauded, encouraged, employed, and honored. How important is it that a class of men, called to act in spheres so various, on objects so numerous, and on interests so general, should have their early education consorted with their destinies! How intensely desirable is it, that their minds should not be narrowed down to the rank of mere drudges in office, or made to descend to the level of common wranglers for hire! Of what incalculable consequence is it, that from the earliest pursuit of this profession, the minds of its students should be liberalized and generalized, and be made to comprehend and prepare for the great sphere with which it connects them? And where can the foundations of a solid and lofty structure of intellectual and moral action be laid, with better hope of success, than under the auspices of the great seats of learning, and in union with the associations and impelled by the motives, which naturally exist within their walls, or in their vicinity? Where will man's apprehensions of duty be more likely to become enlarged; and how may firmness, alacrity, and fearlessness, in the discharge of social obligations, be more certainly attained, than by the aid of general science, and under the excitement of the example of generous competition among those engaged in its pursuit ?
When therefore we consider the intimate alliance, established in the nature of things and by the condition of society, between the profession of the law and those principles, both legal and constitutional, on which depend the rights of life, liberty, and property; that from the men of this profession a great number of those who affect the fortunes of society, always have been and always must be selected; that this class, in the character of advocates, vindicate our laws, in that of judges construe them, in that of legislators powerfully contribute either to their change
or continuance; that in all critical exigencies of the state, to them more than to any other class, society is accustomed to look for counsel and direction, the duty of increasing the means and multiplying the chances of perpetuating, in that profession, a learned, talented, and conscientious body of men, can scarcely be overrated, or by any strength of language exaggerated.
To those, therefore, whom Providence has been pleased greatly to favor in the gifts of fortune, or to those whom it has still more highly favored, by granting to them the power to influence others to do good, and who may be led to inquire, how the resources of this school are proportioned to the exigencies of the study of the law, it may be proper to say, that the duties of the Royall Professor embrace instruction in every branch both of law and equity, oversight of the progress of the students, and direction and examination of them in their studies; 6 that those of the Dane Professor include the preparing, delivering, and publishing of lectures in law and equity, the law of nations, commercial and maritime law, federal law, and federal equity;'-spheres of duties with respect to both Professorships, sufficient exclusively to occupy the time of any two individuals, however learned and laborious. The state of the school already indicates the importance, and must soon indicate the necessity of another Professorship. Under these circumstances the intelligent and liberal class of men, who constitute our mercantile and manufacturing interests are respectfully invited to take into consideration the extreme desirableness and importance of a separate Professorship of Commercial and Maritime Law. In a country placed in the local condition of New England, which has, for a long time, been a competitor with the great nations of the old world in commerce, and of late rapidly vying with them in manufactures, inseparably identified with the ocean by its habits and its harbors, and with mercantile interchange by its capital, its enterprise, its industry, and its talent, no branch of the law more imperiously calls for attention and patronage. Commerce, as well internal as external, is ever, from its very nature, expansive and varying; in accordance with which, the principles of this branch of law necessarily vary and expand. That they may be well understeod, and be diffused through the nation with a rightly grounded uniformity, nothing seems more important, than that the education of legal
students should, in this respect, have the supervision and aid of some of the greater lights of the law, whose exclusive duty it should be to lead their minds to take comprehensive and practical views of this complex subject, and to teach them, among its fluctuating interests, how to fix upon its sound and immutable principles.
In closing this address, I cannot refrain from congratulating the other constituent branches of this University on the benefit resulting from the extension of its law branch; nor from expressing to the members of the Law School my grateful sense of the many advantages already derived from their influence and example. In every aspect their connexion has been useful and auspicious. By associating themselves with this school, they have made a wise selection among the paths which may be pursued for the attainment of legal knowledge. It is no obscure or uncertain advantage, in the pursuit of any science, to proceed from the elementary to the complex, and to ascend, by regular, well-established steps, to its difficult and commanding heights. It is no questionable or dubious good, to escape, in the early stages of the study of the law, from the annoyance and interruption of the labors of clerkship. On the contrary, it is a high and unequivocal privilege to be first introduced to the knowledge of what is formal, fictitious, and technical, not by the desultory, haphazard way of official business, but by an orderly succession of general principles, accompanied by irradiations from the combined lights of analysis and analogy. Nor is the advantage of that mutual intercourse and exercise, which, in such institutions as this, are enjoyed in so eminent a degree, to be placed at a low estimate. Young men,' says a distinguished living jurist, 'as far as their mutual information extends, are the best professors for each other." By the concurrence of many minds the splendor and illumination of all are concentered upon each, and reflected by each, stimulating the spirit of research, and enkindling and keeping alive the spirit of discussion.
Above all, the opportunity of being examined upon his studies proffers to the faithful and ingenuous student the most precious. of all information, a knowledge of his own intellectual powers
1 Introductory Lecture, delivered in the University of London, in November, 1829, by Professor Amos, p. 10.
and defects; teaching him what to correct and how to improve; and thus leading him into the path of true glory, which is ever coincident with the paths of self-knowledge and truth.
Thus, under the joint influences of a thorough legal education and of general science, it may confidently be anticipated, that the destinies of the profession of the law will daily become more and more elevated and refined; that those generous spirits, who now have engaged, or who, from time to time hereafter, in this or in any other seat of science combining similar advantages, may engage in its pursuits, will be gradually led to embrace, within the scope of their intellectual vision, an horizon limited by no other boundary, than the utmost perfection of which their natures are capable; exalting their thoughts to the desire and design of cooperating with the goodness of the Creator, by endeavors to promote the moral and intellectual improvement of their species; and thus, in the degree which man's rank in the scale of being permits, imitating his bounty and promoting his glory.
ART. VI.-CASE RESPECTING BAIL.
A writ was made out directed to the sheriffs of Suffolk and Hancock against A B, of Bangor, in the county of Hancock, yeoman, to answer to C D, of Concord, in the county of Middlesex, yeoman, and was returnable to the C. C. P. in Middlesex. On this writ A B was arrested by the sheriff of Suffolk within his county, and bail was given to the sheriff in due form of law. Judgment was recovered by the plaintiff in the action and execution issued thereon directed to the respective sheriffs of Hancock and Suffolk, which execution was delivered to the same sheriff of Suffolk who took the bail bond, and he returned thereon non est inventus. On this return a scire facias issued against the bail who resided in Suffolk, and they appeared and filed a general demurrer to the scire facias, on which there was a joinder in demurrer. The question is whether the return of the sheriff of Suffolk is sufficient to sustain the scire facias and charge the bail thereby or, in more general terms, into what county the execution should be sent, and by what officer the return should be made to charge the bail on scire facias.