ADDRESS
OF THE
CHRISTIANCY
TO THB
GRADUATING CLASS
OF THU
OF THR
MICHIGAN UNIVERSITY.
DELIVERED MAROCIH 28, 1860.
DETROIT:
BARNS, FRENCH & WAY, PRINTERS,
Nos. 52 and 54 Shelby Street.
186(30_
a/ 43v 
H 0 N. I%.'p.
.aw   t  avtmrnt 
I 
ANN ARBOR, April 4th, 1860
* HON. ISAAC P. CIHRISTIANOCY:
Dear Sir-At a meeting of the Graduating Class of the Law De.
partment of Michigan University, the following resolutions were adopted:
Resolved, That the address of the Hon. Isaac P. Christiancy, delivered at the late
Commencement of the Law Department, before the first Graduating Class of the Uni    versity, was well adapted to the occasion, and calculated, by its publication and dissemi.
nation, to work great benefit to the Law Department, in which all take a lively interest,
Resolved, That our committee be instructed to request Judge Christiancy to fur.
nish this class with a copy of his address, for publication in pamphlet form.
Therefore, if you will have the great kindness to forward us a copy of
your late address for that purpose, you will confer a great favor on the class
of 1860.                          Respectfully yours,
EDWARD P. PITKIN,
E. P. CLARK,
O. P. STEARNS,
Committee.
GENTLEMEN,-I have had the honor to receive, by the hand of Mr. H. BARNS,
your letter of the 4th inst., enclosing copy of resolutions adopted by the Grad.
uating Class of the Law Department, and requesting for publication in pamphlet form, a copy of my address to the class at the late Commencement of
that Department. Sensible as I am of its many deficiencies, yet the favor and
kindness with which the class have been pleased to ireceive it, can not be better reciprocated by me than by complying with your request. I have therefore forwarded to you through Mr. BARNS, a copy of the address requested.
With the highest esteem for yourselves personally, and the most earnest
wishes for the professional success and individual welfare of every member of
the class I am,
Very respectfully, yours,
I. P. CHRISTIANCY,
To ED. P. PITKIN, E. P. CLAaK, and O. P. STEARNS, Committee. 
I
I 
ADDRESS.
GEFNTEMEN OF THE GRADUATING CLASS:
I congratulate you upon the advantages you
have enjoyed here, the zeal with which you have
availed yourselves of those advantages, the successful progress you have made, and the substantial evidence of that success you are now about
to receive.
Each of you, as I am informed, had already
spent some time in the same study, in the office
of some practical lawyer, and some of you had
already entered upon the practice of the law
You can, therefore, appreciate the difficulties and
embarrassments attending the acquisition of systematic legal knowledge in that way, and the
great advantages of an orderly and systematic
course of instruction, such as you have just received here.
The law, like every other science, has its rudiments and its more advanced stages, its general
principles and special departments, and hence a
progressive system or order of development; and
without due regard to some proper system of
development, much of the time of the student is
lost, and many of his strongest efforts rendered
abortive.
While study in an office is essential  to the
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6
acquisition of ready, practical skill in the application of legal principles, and should therefore form
a part of a practical legal education; yet the time
and attention of the lawyer in active practice is
generally, from necessity, occupied in so desultory
a manner, to meet  the exigencies of the various
cases and business transactions thrown upon his
hands, that he has little time to aid the student
in any orderly course of instruction.   The  most
he can generally do is to recommend a certain
course of reading, and occasionally to inspect his
progress. The student is therefore left mostly to
himself in the pursuit of legal principles, and
especially  in  their  classification.    And,  though
many do obtain a systematic knowledge of legal
principles in this way, yet it is at the expense
of much more time, and much greater effort; and,
too often, the result is to make the student look
upon the law as an art, rather than a science;
to give a kind of a mechanical dexterity in the
management of some of its machinery, than a
broad scientific view of its principles.   The  dry
rules of law, without reference to their reasons,
are too apt to be mistaken for the law itself.
The  abstract rules of law, without reference  to
the reasons upon which they are founded, are
merely arbitrary and technical. They are but the
dry bones of the law, and represent the law about
as faithfully as the dry, bony skeletons, to be
found in another department of this institution,
represent the living man.
There is a strong tendency in the human mind, 
7
especially among those who do not like the labor
of intense thought and close investigation, and
who find it easier to resort to the stores of
memory than to the reasoning powers, to mistake
the mere scaffolding or the machinery of a science
for the science itself; and the mode in which the
study of the law is pursued in an office is not
sufficiently calculated to check this tendency. The
student is set to copying legal papers from drafts
furnished him, or to drawing from, or merely filling up, printed forms, before he has sufficiently
acquired and classified the legal principles which
govern  them.    He  is too  apt  to  take  it  for
granted that there is some mysterious potency in
certain forms of words. He does not stop, and
generally has not time, to analyze them, and to
apply the principles of law which alone give them
efficiency. The result is, that he often misapplies
them;  and when a pleading or other paper is to
be drawn, for which he can find no form at all
applicable, he is at once in the clouds. The same
habit of mind leads him to stretch the application of abstract rules to cases not within their
spirit, and which, upon principle, should constitute
exceptions or qualifications; and when a question is
presented for his opinion, to look for a precedent,
rather than the principle which should govern its
solution. If the case or the question, calling for
his action, happen to fall strictly within some
established legal formula, or to conform, in all
respects, to some decided case, he feels strong. In
preparing his case for trial, he hunts up his pre 
8
cedents and authorities with reference to a sup posed state of facts; and if these facts come out
as anticipated, it is all very well.   But such is
the perversity of human conduct, that most of it
fails to proceed in straight lines, or in true curves,
or at any regular or definite angles, and can not
therefore be estimated by any geometrical lines
or figures whatever.   And  cases  are constantly
thrusting themselves forward for decision, whose
features exhibit a contemptuous disregard of all
legal formulas, and which evidently never attempted
to shape themselves upon the model of any de cided case- cases in which the various ingredients of human  conduct, rights  and wrongs, and
legal principles, are curiously mixed and blended
together; the combined result of which presents a
new compound, for which the chemistry of the law
has yet established no fixed rule or formula, and
which requires a new and independent analysis, to
be framed from first principles.  And these novel
features and strange complications often present
themselves, for the first time, upon the trial. The
man of cases and precedents is then at fault,
and gropes his way in darkness; for, though the
principle which might illuminate his case, and
guide him out of his difficulties, may glimmer
feebly in  the  distance, his base of observation,
his intellectual orbit, is too contracted to enable
him to obtain a parallax, to determine its true
position or his own, or to distinguish it from a
thousand other twinkling luminaries which he sees
scattered over the firmament. 
9
Case lawyers are like pilots unskilled in the science of navigation, who succeed well enough while
they hug the coast and keep the headlands in view,
but are always in danger of being lost when they
are driven beyond the sight of land. While he
whose mind is well stored with the principles and
reasons of the law-who, when a question is presented, instead of seeking first for a case, recurs
at once to his own internal resources, determines
what, upon principle, the law must be, and resorts
to cases only for illustration and proof- such a
man is ready for any emergency, and is never
disconcerted when his case suddenly assumes a
new phase. He finds, in the resources of his own
mind, compass and quadrant, chart and chronometer, calculates his place, takes boldly to the open
sea, and strikes directly for his destination.
Broad as is the field of legal science, he who
aspires to eminence in his profession must not
confine his attention to legal knowledge alone.
The broader his field of observation, the more
extensive his acquaintance with other branches of
knowledge, the greater his prospects of success at
the bar.  Every science, every species of information, is more or less frequently brought into requisition. No other profession requires so extensive an acquaintance with the whole cyclopedia
of human knowledge.   It is therefore peculiarly
appropriate that instruction in this science should
be connected with the University, where the other
sciences also are taught.
Nor is there any profession, the successful 
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practice of which, so imperatively requires a man's
qualifications to come fully up to his pretensions;
nor, in which it is so difficult, I may say impossible, to get a reputation for qualifications which
he does not possess. The medical profession offers
much greater facilities for quackery and imposture;  but the truly  scientific physician grapples
with imposture under much greater disadvantages
than the lawyer.
The professional duties of the physician are
not generally performed in the presence, and much
less under the scrutiny, of competent judges, and
never under the eyes of those especially employed
to expose his errors. And when, by chance or
otherwise, the blunders of the incompetent, come
to the knowledge of the scientific physician, he
finds it perilous to expose them; for if the impostor  have  a fair exterior,  a plausible  address
and a good share of tact, he will often, if not
generally, succeed in persuading the majority to
attribute to professional jealousy every attempt
to expose his ignorance.
But there is no room for successful quackery
in the practice of the law. Every effort of the
lawyer, in the management of his cause, is subject to the closest scrutiny of competent judges.
The eager eyes of opposite counsel are upon him,
intent upon the discovery and exposure of his
blunders.   No  base  metal  passes current  here;
groundless pretensions are unmasked; and, if the
client has suffered by the errors of his counsel,
the public are sure to know  it.  The quack phy
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sician may sometimes rely upon the discreet silence of the dead; but the quack lawyer can
place no such reliance upon the discretion of the
living.
It is quite a common opinion among the ignorant, that the practice of the legal profession is
inconsistent with'the obligations of conscience, or,
that its tendency is unfavorable to strict integrity
of character.  I advert to this, not for the purpose of vindicating the profession from so groundless a charge, but to put you upon your guard
against a class of men who sometimes disgrace the
profession. There is a class of men who, without
any love for, and mostly without any knowledge of
the law, as a science, betake themselves  to the
law as gamblers do to cards, as a convenient means
of filching a dishonest living; who either wantonly,
or, which is nearly as reprehensible, by lending
themselves to the worst passions of irritated litigants, stimulate and encourage litigation for the
sake of a fee.   They  are generally men  whose
talents are admirably fitted for getting men into
difficulties, but wholly unfitted for getting them
out.  Such men, happily rare among those admitted to the bar, are essentially knaves and pettifoggers, who, like the same class outside of the
profession delight  in neighborhood quarrels, and
render litigation epidemic and malignant wherever
they appear.
There are, also, occasionally to be found, I regret to say, men of rare talent and high attainments, but without moral principle, and recogniz 
12
ing no obligation which the law does not enforce,
who resort to the law as hypocrites resort to the
church, to perpetrate iniquity with less suspicion
and greater success.
Both these classes, if they had not taken to
the profession, as a cover for their villanies, would
probably have taken to crime under a less respectable disguise.
The whole tendency of the study of the law,
as a science, is to elevate and purify the mind,
to give it acuteness and discrimination in the
discovery of right and wrong, to inspire a love of
Justice and equity, a hatred of  wrong,  injustice
and oppression.
The  science of the law is mainly the science
of doing unto others, as we would that others
should do unto us.  Its chief aim is to enforce this
principle of human  conduct.   True, it does  not
always perfectly attain this object.   The  aim of
all men is happiness; but it is never fully attained
in this world. The reason of the failure is the
same in both cases. Man is an imperfect being,
and all his laws, and all his efforts, will partake
of his imperfections. There are shades and gradations of wrong which no human laws can undertake to redress; because these laws must be administered by men, and through the aid of human
testimony. Nothing short of Omniscience can see
the truth and the bearings of human transactions
precisely as they are; nor judge, with certainty, all
the motives of men. And he who acknowledges
no higher obligation than human laws, proclaims 
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himself a villain at heart, who, but for those laws,
would not hesitate to commit the foulest crimes.
He who  loves the law, as a science, keeping
in view its ultimate object, will naturally, and
almost necessarily,  be  an honest man.   He  will
see, as all respectable members of the profession
do  see, that there is nothing, and  can be nothing, in the duties of his profession, in any respect,
inconsistent with the strict observance of truth
and honesty, with the performance of every duty
he owes  to God,  to  society, or  to any of  his
fellow men; that he is no more at liberty to
violate any of these duties than other men; that
there can be no such thing as inconsistent duties; that his duties to his clients are subordinate to
the great cardinal duties he owes to God and
to society; that his mission is to secure the triumph of justice, to detect, expose and crush iniquity; that knowingly to aid a client in the perpetration of a fraud, or the consummation of any
wrong  or  injustice, is  to make  himself equally
guilty with the client, and a little more contemptible; since he becomes a mere hireling in wickedness. He will spurn every attempt to secure his
aid in the prosecution of a claim, or the maintenance of a defence, which he knows to be fraudulent or unjust; and if, in the course of a cause, he
discovers that he has bean unwittingly entrapped
into such a position, he will refuse to proceed, and
leave the client the responsibility of selecting less
scrupulous counsel.
Counsel are, no  doubt, often deceived by the 
14
false statements of clients, and induced to believe
the client an honest and injured man, when he
is but a designing knave.   Such  clients will sel.
dom be induced to reveal their nefarious schemes
to respectable counsel, as they can not hope to
enlist his sympathies in their behalf.
But the strong sympany which counsel will
naturally feel for those who seek his aid and his
zeal to protect them from injustice, doubtless have
a tendency to make him slow to believe anything
to his client's prejudice, and to look upon all tes.
timony against him as false or suspicious, when
it does not appear in the same light to others.
In this way, his zeal for the right may sometimes
make him an unconscious instrument of wrong.
Compelled, as counsel generally are, to get their
first ideas of a case from the statements of their
respective clients, opposing counsel, in the great
majority of cases, do sincerely believe ther respective clients in the right, and the opposite party
in the wrong. Each of the opposing parties, also,
not unfrequently thinks himself in the right; while
it is evident one must be mistaken, and perhaps
both; for many law-suits originate in honest mistake: and self-interest blinds the eyes of parties,
as zeal and sympathy do the eyes of counsel.
And if it be true, that zeal for a client, and a
natural pride of success, will sometimes lead even
respectable counsel, in the heat of conflict, to pass
the line of perfect rectitude, and, for the moment,
to think more of the success than of the justice of
his cause- a fault more common with the young
&.
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15
than with more experienced counsel-this is only
to say, that lawyers are not exempt from the
ordinary frailties of men; and like other men, no
doubt, they repent of such errors when the heat
of the conflict is passed, and reflection has taken
the place of excitement.
The first duty of the professional lawyer is
that of a peace-maker, to calm  the excited passions, to check the vindictive feelings of clients
and  to bring  them  back  to reflection.   Every
experienced member of the profession knows that
the amount of litigation would -be doubled, often
the peace of families, sometimes of neighborhoods
and whole communities, disturbed, and a state of
intestine warfare kept up, by a general neglect
of this duty- by counsel simply lending themselves to the dishonest schemes and exasperated
passions of clients. No urging would be needed;
simply following is enough to produce this result.
No honorable lawyer will ever advise litigation
where substantial justice can be obtained without
it. He will never try a cause till every reasonable effort for settlement has been exhausted; nor
will he ever advise a client to insist upon the
utmost strictness of his legal rights; he will rather
advise him to forego some portion even of his
equitable rights for the sake of peace.
If we were at liberty to consider this question
without any reference to duty or to morals, as a
simple question of personal policy, it would still
be found that this course of practice will, in the
end, be most advantageous to the practitioner. 
16
It will inspire confidence, and secure the best class
of business.  He might not make  money so rapidly at the outset. Doubtless money may be more
rapidly obtained, for a time, by larceny or highway  robbery, than by  honest  means;  but this
mode of making money is not likely to succeed
long, nor to become permanently profitable. Few
crimes are more injurious to society than that
of encouraging wanton litigation. And he who
can no where find professional employment, without encouraging litigation, may safely conclude that
he has mistaken his vocation, that society does
not need his professional aid, and that he had
better turn his attention to some other means of
support.
But no man is at liberty to regulate his professional conduct by considerations Gf profit and
loss only.
Every individual; all classes of men, in all the
relations of life, have duties to perform, duties
to each other and to the society in which they
live; and the duties of every individual, and of
every class, are in exact proportion to the power
and influence of the individual or the class.
Every augmentation of power or influence brings
with it additional and corresponding duties. And,
as the legal profession possess more power over
the whole field of litigation than any other class,
so are they under a corresponding obligation to
exert that power for the good of society. And
the same may be said of the influence which, as
a class, they possess in moulding and improving 
17
the laws and institutions of the country in which
they live.
I shall not undertake to enumerate all the vari ous duties and obligations of the profession; they
are well understood, and, I am  glad to believe,
generally observed by the reputable members of
the profession. But, as all these duties and obli gations grow out of the position occupied by the
profession with reference to the society at large,
it may not be amiss to consider what that position is.
The only just, philosophical view which can be
taken of this subject is this: that the profession
constitutes one of the great departments of human labor for the common good.
Every branch of knowledge, as well as every
variety of physical labor, is brought into requisition for the supply of human wants, and the promotion of the social welfare.  But, as in physical
labor, no one individual can ever acquire sufficient dexterity in every variety of occupation, and
a division of labor enables each to attain greater
practical skill in his particular  department, and
thus increases the aggregate product; so in the
field of mental labor, it is impossible for any individual to acquire that complete familiarity with
every branch of knowledge, and that practical skill
in its application, which are necessary to any high
degree of success-; and hence the necessity of a
division of mental labor.
Thus, for illustration: the human body is a
complicated and delicately constructed piece of
B 
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mechanism,  liable  to  numberless  derangements
known'as diseases, almost infinitely varying in type
and intensity, and often approaching and blending with each other.  To cure these diseases, the
peculiar  characteristics  of each  disease, and,  to
some extent, of each individual constitution, must
be studied; and the effects of the various kinds
of medicines, and other curative agencies, must be
ascertained. Here is the study of a lifetime, a demand for the knowledge which has only been
acquired through the accumalated observation and
experience of successive generations, and the safe,
practical application of which necessarily becomes
a specialty.   This is the province of the physician.
To correct, by persuasion, by appeals to the
judgment and better feelings of men, the natural
tendency of the passions to excess, to soften their
asperities, to purify and elevate the affections,
to teach us to love justice and mercy for their
own sake, to make us better in all the relations
of life, and to alleviate the afflictions incident to
our condition, with the hope of a better life hereafter- these objects require special qualifications
and discipline. Here is the province of the clergyman.
But such is the tendency of the human passions and propensities to run to excess, and in
default, as well as in defiance of moral and religious teaching, to resort to wrong and violence;
and so liable are men, even with the best intentions, to misapprehend each other, and to under 
19
stand, in a different light, the same transaction,
that every community, as it emerges from barbarism, where force alone decides, must  have  fixed
laws for the protection of right, and the redress
of wrong.
And, as in civilized society, business transactions,
social relations and duties, become almost infinitely
various and complicated, and the more so, the more
civilization advances- so, in corresponding ratio,
must the laws which apply to and regulate them,
become various and complicated also.   To  ascertain the nature of these various transactions and
duties, their relations to each other, the principles
involved in, and the laws applicable to eachto acquire that thorough knowledge and accurate
discrimination necessary to a ready, practical application of those laws, in such a manner as to secure the rights of parties and the public welfare-to accomplish this requires years of careful study and preparation. This is the province
of the lawyer.
All these professions or departments of mental
labor, and many others, are necessary to the full
development of civilized life, and, when properly
directed, all work harmoniously together for the
common good.
It is this tendency which must always determine their legitimacy, and measure their utility.
All these professions, like all other departments
of labor, and all the faculties of the mind, are
liable to abuse.  Should the physician,'to gratify
his own or another's malice or to acquire or give 
20
to others the' means of perpetrating some other
crime, poison or drug his patient instead of curing him- should the lawyer make use of his professional talents to promote schemes of robbery
and fraud, on  his own  or another's account, or
stir up litigations for the sake of business or a
fee- should the clergyman become a wolf in
sheep's clothing, and for selfish or mercenary ends,
countenance vice, because it is popular, sanction
and encourage injustice or oppression, because it
is strong, and spurn its victim because he is weak,
take advantage of the confidence his position inspires, to sap the morals of his flock, and lure
the unsuspecting into crime, or inculcate hatred
and bitterness, instead of kindness, mercy, peace
and good will  to men-then, in  these  several
cases, the physician, the lawyer, the clergyman,
equally perverts the end and object of his profession, and, instead of performing its duties, abuses
its privileges.
The present might be deemed a proper occasion to indulge in some words of practical advice
to those who are preparing to enter upon the
practice of the profession for the first time. But
the forty minutes which I had prescribed to myself are so nearly expired, that I shall not be
able  to say much  upon  this  head.   And  if I
had the time, yet knowing the qualifications, the
experience and fidelity of your Professors, I'should
enter this field with the greatest diffidence.
But there are two considerations, generally considered of minor consequence, but which I deem 
21
of so much practical importance, that at the risk
of repeating what may already have been said,
and better said, by your Professors, I will take
the liberty of suggesting them.
Most of you, who have not yet entered upon
the practice, will probably, before doing so, spend
some time in the office of some practicing lawyer. X While so employed, and afterward, when
you engage in the practice for yourselves, let me
caution you against falling into the habit of trusting too much to printed forms or precedents, or, to
any forms prepared by others. It will be much
better to accustom yourselves to the drawing of
pleadings and every kind of legal instrument, entirely from your knowledge of legal principles.
After having completed the  paper, in this way,
if not entirely certain of its sufficiency, then, for
the first time, consult some approved form. This
will furnish suggestions, and serve to test your
accuracy. Let this process be repeated until fully
satisfied of entire  correctness.   This course will
seem slow and laborious at first, but it will become easier at every attempt; and it is the only
course which can ever give ready practical skill
in this department of the profession. It compels
and keeps up familiarity with legal principles and
the modes of their application, induces the habit
of looking to the substance, rather than the forms
of things, and makes a scientific lawyer rather
than a legal mechanic.
Many young men of good talent have settled
down into third-rate lawyers, because they found 
22
it so much easier, at first, to avail themselves of
forms ready drawn, than to go through the necessary labor and thought  of preparing  them.   In
yielding to this seductive habit, they have saved
labor, but dwarfed the intellect. They have relied
upon crutches till they are unable to walk alone.
It is hardly necessary to say, that when you
have once acquired a ready facility in drafting
legal papers, you may safely resort to printed
forms as occasion may require.
Another very common error with the young
man, just commencing the practice of the law,
is his anxiety to do too much business at the
outset.   His motto,  at this stage of his professional life, should be, to make haste slowly. He
is just beginning to apply his store of legal principles to actual practice, to real transactions, as
they arise. He has already acquired, perhaps, the
dextrous use of the foils, and the highest skill in
feigned combats; but he is now to enter the
earnest conflict, to wield and to ward the naked
steel. The utmost circumspection is necessary, and
his progress at first must be slow and cautious.
He should see clearly the bearings of every question in the case or transaction he undertakes,
and of all the legal principles involved, arranging
and classifying everything in its proper place.
Every succeeding case, every item of business
done in this thorough and methodical way, will
increase his facility, and he will find himself progressing with accelerated speed. But if he take
upon himself, at once, more than he can thus thor
ii
I.,
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23
oughly  and  systematically perform,  his store of
legal principles may become confused and disarranged before he has acquired a reasonable facility
in their use; his mind may become bewildered,
and he may find himself forgetting rather than
improving. To use terms borrowed from the printing office, his stock of legal principles may be
thrown into pi before they are well locked in the
form.
One suit thoroughly and ably managed is worth
more to the young practitioner than ten carelessly conducted; not only for the reasons already
stated, but because much of his reputation and
prospects may depend upon his early efforts. It
may take some time to overcome the effects of
a false step  in  this stage of his  career.   The
public sometimes decide too hastily, and do not
always make sufficient allowance in such cases.
But I must hasten to a conclusion.
That there is, to-day, a graduating class in the
law department, shows that a second important
epoch in the history of the University has, at
length, been inaugurated. The medical department
had already proved a complete success, and its
beneficial effects have, for years, been felt by that
profession and the public,
As the laws upon which man's physical health
and physical existence, as an individual, depend, seem naturally to take precedence of those
which regulate his rights and duties in relation
to others and to society, it was, perhaps, fitting
that the establishment of the medical, should pro
cede that of the legal department.
I,
*',   I:.t
eee:.*  l ~ w: 
24
But the law department has now, also, become
a fact accomplished; and, contrary to the common
experience' of such institutions, it has had no infancy, no childhood. It sprung at once into complete efficiency and vigorous manhood.   This,  to
some, has been a matter of surprise: but for myself, I thought it had become a public want: I
knew your Professors, and I anticipated the result.
To all'who feel an interest in the advancement of science and the dissemination of knowledge in our State, as well as to the Regents,
and the Professors in this institution, and to you,
gentlemen, it must be a matter of congratulation,
to see the,University of Michigan rapidly becoming what its name imports, and what the public
interest requires, an institution which shall afford,
within itself, full and complete instruction in every
branch of human knowledge. But to none can
this be more gratifying than to the able, zealous
and efficient officer who presides over this institution, who has for years so patiently and perseveringly, through good and through evil report,
and in the face of all discouragements, labored
with so much success to bring about this result.
When  assailed he  did  not reply:  when reviled
he reviled not again; but his works have spoken
for him.
I