>DE.ESS £r:Mv::r;rD Enrcr.E Tna TWO LITERARY' SOCIETIES ^r THS. Eiitl)erHt!) 0f ^§Mili €Malm, AY 31st, 1854, PX- HOH. AAEOH V. BROWF , PCELI^nED BY ORDEn OF TIi!i: I'lTI L.WTITROPIC SOCIETT'. RALEIGH, N. C: PUBLISHED BY WILLIAM C, DOUB* 1854. Class £^i^^f ^^?/2 / o % 7t> DDRESS 3 /J DKLIVEEED BEFORE THB TWO LITERARY SOCIETIES (^iiiiiiJ ^aiiiuiia^ AY 31st, 1854, HON. AARON V: BROWN. PDBLI8IIED BY ORDER OF THE PHILANTHROPIC SOCIETY, RALEIGH, N. C. : PUBLISHED BY WILLIAM C. DOIJB. 1854. '^ By tnuufor OCT 1 2 me Philanthropic Hall, Chapel Hill, N. C, June Ist, 1854. Sie: — The undersigned have been appointed a committee in behalf of the Philanthropic Society, to express to you the very great pleasure and gratification they realized on the delivery of your peculiarly interesting and appropriate address before the two Literary Societies of the University OQ, yesterday ; and solicit a copy of the same for publication. In performing this agreeable duty, the committee are desirous of tendering their individual thanks, and adding their personal solicitations to those of the body they represent. Yours most respectfully, C. W. YELLOWLEY, A. B. IRION, A, B. HILL, To Gov. A. V. Brown. Raleigh, N. C, June 2nd, 1854. Gentlemen: — I fear that you, as well as the society you represent, over' estimate the address, a copy of which you request for publication. It was prepared in haste, amid the frequent interruptions of private pursuits, and will be found on perusal, trite in its subjects and devoid of that interest, which the exciting scenes transpiring on the day of its delivery, doubtless conspired to give it. I submit it however to your better discretion, with my sincerest thanks to you and to the society which you represent, for th» favorable opinion of it which you have been pleased to express. Very sincerely, yours &c., AARON y, BROWN. To Messrs. C. W. Yellowlet, A. B. Irion, V CommiUee, &c A. B, Hill. ADDRESS. Gentlemen of the Philanthropic and Dialectic Societies : — After an absence of just forty years I return to these ancient, and consecrated halls : I return upon your kind invitation, hero to oiler up on the altars of my early worship, renewed vows of devotion and gratitude, to that alma-mater, who in the days of my youth carried mc in Iier arms and folded me to her bosom. During this long pilgrimage I have seen and felt enough to reader this sentiment of homage and respect both profound and indelible. Wherever I have been, I have seen no success crown the efforts of her alumni, and no public honors conferred upon them, which might not be fairly attributed to their early disci- pline in this Institution, and her two Literary Societies. It was here that the foundation was laid for a sound, thorough an * Quotations are freely made on this subject from an address lately deliv- ered to the law class of the Cumberland Uuiversity, Lebanon, Tennesaeo. 22 jJing, DO vrondcr they should throng and crowd her portals for admission. But they -will enter in vain, in the present advanced and iriiproved condition of our country, unless they bring with them the fixed and unalterable determination to make themselves emphatically and truly profound and able Lawyers. The times have gone by, for merely skimming over the profession, com- prehending a few only of its general principles, and acquiring some slight familiarity with its details in practice. No. He must dive into its hidden depths, penetrate its secret arcana, and bring up the pure and sparkling waters from the very bot- tom of the well of knowledge. He who undertakes to master this first and noblest of human sciences, should also fully com- prehend the magnitude of the work. It embraces Law in its widest and most comprehensive sense. The Laws of God — of nature — of nations — of independent States: under the latter — the common law — the statute law — the constitutional law — the commercial law — the law of real estates — of descents. In fine it embracesall law, human and divine, and challenges the profound study of years to comprehend and expound them. But even these are not all the studies of the Lawyer. There are others collat- eral and incidental which must by no means be neglected. He must make himself well acquainted with history, both ancient and modern. Especially should an American Lawyer be familiar with the history of his own country, with our revolutionary his- tory, with the discussion and events which led to the first confed- eration of the colonies, with the debates on the formation of the Federal constitution and its subsequent adoption by the States, and the debates in Congress, on leading topics, since that period. All these illustrate the true nature of our government and shed a light on its laws and institutions which the lawyer who deserves the name must fully comprehend. Vast as this amount of hard and severe study may seem to be, still more remains to him who would shine with the steady brilliancy of the truly great Lawyer. He will have spent many years almost in vain if he shall have neglected the art of speak- ing. To be the finished Orator at the bar, in the pulpit, the Senate chamber, or the lecture room, he must be master of logic 23 and rhetoric. These are auxiliary to true eloquence, and when combined with it, have exalted man above all other attainments and achievements in life. This etherial, this almost God-like faculty is especially necessary in criminal cases. In capital ones, the responsibility is immense. That vital spark which God has given is committed to the hands of the advocate, to preserve it alive or to extinguish it forever. One argument omitted, it is lost ! one bold, fervid and eloquent appeal, and it is saved ! He who sways the sceptre of an Empire or wears the sword of a conqueror, enjoys no prouder triumph than he who overcomes the unconscious prejudices of both Judge and jury, and by the magic power of his eloquence snatches his client from the very jaws of perjury and the grave. If it be asked what lifetime will be long enough, and what constitution of body will be strong enough, to acquire this vast fund of knowledge, we can only point to the numerous instances of eminent Lawyers and Judges who have attained to the high standard which we have here erected. It is however undeniable that many have fallen and perished on the way side. "Whilst with one hand they were sowing the rich seeds of knowledge, Avith the other they were scattering those of disease and death. Physically unable to go through so many years of hard prelim- inary study or to sustain the Herculean labor of a large and lucrative practice, or to preside through long and perplexing terms in the administration of justice, they have been too fre- quently summoned, in the very mid-way of life, to a premature grave. I congratulate the age and the profession upon the dawn of a most auspicious change in the arduous toils of preliminary preparation and of the subsequent practice of the law. The great reforms now everywhere beginning to be called for, will go far to remedy the physical inability which has cut short the career of some of the master spirits who have adorned the profession. The present state of jurisprudence, in most of the States of the Union, has long been the subject of the most serious com- plaints. The arbitrary division of rights into legal and equitable, and the establishmtnt of separate structures, to maintain and 24 perpetuate these idle and injurious distinctions — the investiga- tion of one division of rights by oral testimony in one court, and another division in another court by depositions — the ina- bility of another court to complete justice in many cases, ■without the aid of the organization and process of the other — the con- Btant mistakes as to the proper court in which relief is to be asked, arising from the unsettled and changing boundaries of their jurisdictions — the impossibility of determining the proper jurisdiction in many cases until the proof shall have been heard — the double set of costs accruing, and the double delay incurred — the frequent taxation of costs on the party entitled to a recovery, and who does in fact ultimately recover — all unite to keep alive a spirit of discontent in the popular mind. Plain men go into the courts and there hear almost endless discussions upon ques- tions which they regard as utterly frivolous. They see their own and the public time consumed in settling questions about amendments, pleading, jurisdiction, &c., and the causes taken up and reversed against the justice of the case, upon some point whose force they cannot see when settled. They understand not much of this technical routine, but they see plainly that the result is disastrous to a cheap and speedy administration of justice. This state of popular feeling has existed in dliferent ages, and wherever these systems of common law and equity proceed- ings have been in existence. It results necessarily and inevita- bly in as great a delay and cost as any system which the wit of man could easily devise. If it were made on purpose to spin out every judicial controversy to the greatest possible length, it is not easy to see how it could bo made more fully to accomplish that object. Every lawyer knows that the two systems had their origin in accidental and fortuitous circumstances many centuries ago — that it sprang out of an attempt 1o correct the crudities and absurdities of the common law courts. The pre- longed controversy between priests and common law lawyers built up two structures, which have now grown to be stupendous fabrics, which if venerable for their age, are not wholly exempt from much of folly and absurdity. The great English Poet, living under operation of this system, makes Hamlet repeal what was but the echo of public sentiment even in his day : 25 " The oppressor's wrong, the proud man'a contumely; The pangs of despised love, the law's delay, The insolence of office, and the spurns That patients merit of the unworthy takes." The noble Dane seems to have thought that the law's delay was one of the "whips and scorns of time" which could only be escaped bj taking refuge in the grave. Whilst Hamlet spoke thus on the English stage, Lord Coke, that dry and hard old lawyer, was giving utterance to the following sentiments: " When I consider the course of our books and terms, I observe that more jangling and questions grow up on the matter of pleading and exceptions than on the matter itself, and that infi- nite causes are lost and delayed thereby." We suppose my Lord Coke to have long since departed this life, but certain it is that the evil which he discovered, is yet alive in confirmed health and vigor. Wrangling about pleadings more than about the matter or merits themselves ! Infinite causes lost or delayed by it 1 And yet we are told that any attempt to overthrow this system must result in confusion. Confusion ! to make a state- ment of the facts in pleading, in plain, concise and intelligible language, instead of the obsolete law language in which the par- ties are required noAV to speak, under the penalty of costs and delay, if not expulsion from the court ! This cry of confusion was raised against the one hundred lawyers, headed by Chan- cellor Brougham, who commenced this great reform in England. It was raised against those who commenced it in New York. *' To rest as we are," said Judge Curtis, now of the Supreme Court of the United States — " to rest as we are, is to continue to impose on the people a burden of delays, expense and vexa- tions, which in our judgment necessarily grows out of the pres- ent state of things." The Legislature of Massachusetts, in 1851, abolished all the distinctions of actions, retaining only that between contracts and wrongs, and in 1853 passed a bill of five sections applying equitable remedies to suits at law. The last of this mutilated system was swept by this statute to the receptacle "of things lost upon earth." If these suggestions, borrowed chiefly from an eminent jurist (Judge Humphreys,) who is heading the movement in favor of 26 law reform in my own State, be too thorough and radical, still much can be done, and should be done, to rid this noble profes- sion of its antiquated forms, and to bring it within the compass of an ordinary constitution to encounter its labors. There is but one other pursuit, or profession, which the bre\nty proper for such an address as this will allow us to mention. It is the science, or profession, of legislation and statesmanship. It embraces within its aaiple folds not only those who are engaged in political affairs, but in fact the whole American peo- ple. According to the theory as well as the practice of our governmont, its highest ofiices may be filled by the most humble and obscure individual. Every man may therefore be considered, in the language common to most other countries, as "heir appa- rent to the thfone." He may at any time be "raised to the peerage," and by the voice of his fellow-citizens, not less potent than the royal patent, take his seat in that House of Lords, the American Senate. lie may be elected to the House of Repre- sentatives in Congress, or become the Governor of one of the States or a member of its Legislature. The vast number annu- ally elected and re-elected to those high and responsible offices, constitute no inconsiderable portion of the people of the United States, and exert a most powerful influence over their aflfairs. It is more than probable that a large majority of the young gen- tlemen who now surround me, are hereafter to engage in this profession, and are to become the future legislators and states- men of the land. Would that I could repay them for the honor conferred upon me on the present occasion, by delineating the character of a truly great statesman — portraying that lofty sense of true honor — that unceasing attachment to the interest and cause of the people — that never dying devotion to piety, virtue and patriotism, which should distinguish his every action ! But time will not allow me to enter on a theme so inviting and brilliant. Whether you engage in this or any other of the employments and professions which we have enumerated, you should never permit the gloomy shadows of despondence to pass over your firm and fixed resolves. To doubt, is to fail — to resolve boldly is to be successful. Nor must you be content with mere mediocrity of attainment. By you who enjoy the advantages 27 of such an institution as this, the very word mediocrity skcjdd be scorned ! In this age, you must not, you dare not fail below the highest standards. It is the age of progress — of improve- ment in every science, in every art, in every profession. It is that very progress which is making your University the pride and boast of the South, and drawing to it annually, as you wit- ness this day, the most eminent scholars and jurists of the State. And now, gentlemen, I have submitted to you all that my leisure enabled me to prepare and all indeed, that the occasion seems to require. I retire from this consecrated scene of early life, breathing the humble prayer, that Earth may have no hap- piness and Heiven no blessings which may not be bestowed upon you and on this large assembly, who have honored us by their presence. > ■^^'i- ^:^:^ mm ^yJJ I^SBBS \ Vr.^.