THE LIBRARY OF THE 
 
 UNIVERSITY OF 
 
 NORTH CAROLINA 
 
 THE COLLECTION OF 
 NORTH CAROLINIANA 
 
 C378 
 
 UK3 
 1827M.1 
 
UNIVERSITY OF NX. AT CHAPEL HILL 
 
 00036720405 
 
 This book must not 
 be token from the 
 Library building. 
 
Digitized by the Internet Archive 
 
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 University of North Carolina at Chapel Hill 
 
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AN ORATION 
 
 DELIVERED IN 
 
 PERSON HALL, CHAPEL HILL, 
 
 ON THE 37x11 JUNE, 1827, 
 
 THE DAY 
 
 PREVIOUS TO THE COMMENCEMENT, 
 
 UNDER THE APFOINTMENT OF 
 
 i 
 
 BY THE 
 
 HON. ARCHIBALD D. MURPHEY, 
 
 SECOND EDITION. 
 
 RALEIGH : 
 
 PRINTED EY WESTON R. GALES RALEIGH REGISTER OFFICE. 
 
 1843. 
 
DIALECTIC HALL, Sept. 27th, 1S4S. 
 
 The following was the first Address ever delivered before the two Literary Socioiie* 
 of our University, under the stipulation between them upon this subject. The origirial 
 edition, published in 1827, was a large one. It is nevertheless out of print, and tha 
 desire throughout the State to obtain copies, very general. This fact aflbrds a verj 
 sufficient reason for its re-publication. 
 
 Aside from this consideration, it is proper to say, that the exellence of the Address 
 — admired as' it is, for the purity and elegance of its style, and for the important his- 
 torical matter which it affords— revered as the last tribute of the Author to literature 
 and the public — endorsed by the complimentary notice, contained in the following Utter 
 of Chief Justice Marshall — renders it a duty, which the Society owes, not only to the 
 public, but to herself. 
 
 ROB'T. H. COWAN. Jun.) 
 
 ED. D. COVINGTON, S ComtMitle*. 
 
 THOS. RUFFINWuK. S 
 
LETTER FROM CHIEF JUSTICE MARSHALL. 
 
 Richmond, October 6, 1827. 
 
 Dear Sir : Your Oration delivered in Person Hall, Cliapel Hill, reached this 
 place during a visit I had made to our mountain country. It was taken out of the Post 
 OlBce and placed on a general table, among a number of papers and pamphlets re- 
 ceived during my absence, and was not perceived till to-day. I mention this circum- 
 stance as an apology for having permiUed so much time to elapse without making my 
 acknowledgements for the gratification derived from its perusal. 
 
 I take a great deal of interest in your portraits of the eminent men of North Carolina, 
 who have now passed away from the theatre of action. It was my happiness to be 
 acquainted with those of whom you speak as being known to yourself, and I feel the 
 justness of the eulogies you have bestowed upon them. I never heard Mr. Davie or 
 Mr. Moore at the Bar, but the impressions they both made upon me in private circles, 
 vera extremely favorable, and I think you have given to the character of each, its 
 true coloring. Neither have I ever heard Mr. Stanly, but I have known him also in 
 private, and it was not possible to be in his company, without noticing and being struck 
 with his general talent, and most especially his vivacity, his wit, and his promptness. 
 He appeared to be eminently endowed with a ready elocution, and almost intuitive 
 perception of the subjects of discussion. With Mr. Haywood and Mr. Henderson, 
 I was well acquainted, and have heard them often at the bar. They were unques- 
 tionably among the ablest lawyers of their day. I saw not much of Mr. Duffie, as a 
 professional man, but thought him a pleasing, agreeable gentleman. You omitted one 
 name which ranks, I think, among the considerable men of your State. It is that of 
 the late Judge Iredell. I was well acquainted with him too, and always thought him 
 a man of real talent. 
 
 In the rapid sketch you have taken of the Colonial Government, some circumstances 
 excite a good deal of surprise. The persecuting spirit of the high Church party was 
 Btill more vindictive than I had supposed and the principle of limiting your laws to 
 two years, was, I believe, peculim- to Carolina. The scarcity of books, too, which 
 seems to have prevailed ever since the revolution, is a very remarkable fact. Although 
 I concur perfectly in the opinion you express that much more advantage is to be:de- 
 rived from the frequent and attentive perusal of a few valuable books, than from indis- 
 criminate and multifarious reading — that cramming injures digestion — yet some books 
 are necessary not only for ornament but use. 
 
 Allow me to thank you for the pleasure I have received from the perusal of your 
 Oration, fori must suppose that I am indebted to yourself for this mark of polite atten- 
 tion, and to express my particular acknowledgements for the flattering notice you 
 have taken of the life of Washington. That work was hurried into the world with too 
 much precipitation, but I have lately given it a careful examination and correction. 
 Should another edition appear, it will be less fatiguing, and more worthy of the char- 
 acter which the biographer of Washington ought to sustain. 
 
 With very great respect and esteem, I am, sir, your obedient servant, 
 
 J. MARSHALL. 
 
 The Hon. Archibald D. Murphey, Haw River, North CaroUna. 
 
ORATION. 
 
 The Dialectic and Philanlliropic Societies of the University of North Carolina, 
 having resolved "that some individual who had been a regular member of 
 one of the literary Societies attached to the University, should be chosen 
 every succeeding year to deliver a public Oration in the College Chapel on 
 the day proceeding each Anniversary Commencement" — the following Ora- 
 tion was delivered in Person Hall, on Wednesday the 27th June, 1827 — 
 under the appointment of the Dialectic Society. 
 
 The Literary Societies of this Institution, have resolved that an 
 Address be delivered before them annually by some one of their 
 !nembers. I'his resolution, if carried into effect in the spirit in 
 which it has been adopted, will be creditable to the Societies and 
 favourable to the general Literature of the State. It is now more 
 than thirty years since these Societies were established, and all the 
 alumni of this University have been members of one or the other 
 of them. Upon these alumni and upon others v\'ho shall go forth 
 from this University, our hopes must chiefly rest for improvement 
 in our literary chai-acter ; and their zeal for such improvement 
 cannot fail to be excited by being annually called together, and 
 one of them selected to deliver a public discourse upon the progress 
 and state of our literature, or some subject connected therewith. 
 The Societies have conferred on me an unm.erlted honour by ap- 
 pointing me to deliver the first of these discourses. I accepted the 
 appointment with pride, as it was an evidence of their esteem ; yet 
 with humility, from a conviction of my inability to meet public 
 expectation ; an inability of which I am conscious at all times, but 
 particularly so after a painful and tedious illness. 
 
 Little that is interesting in the history of literatuture can be ex- 
 pected in the infancy of a colony planted on a Continent three 
 thousand miles distant from the mother country, in the midst of a 
 wilderness and surrounded by savages. Under such circumstan- 
 ces civilization declines, and manners and language degenerate. 
 
"Wlicn the lirsl putciit was i^raiilcd to Sir Walter Raleigh iu loS-J^ 
 tlie English Language liad received considerable improvement. 
 Spencer iiad published his Fairy Queen, Shakspeare his Plays, Sir 
 Philip Sidney his Arcadia, Knolles his General History of the 
 Turks, and our Theology had been enriched by the eloquent wri- 
 tings of Hooker. This improvement was not confined to the learn- 
 ed ; it had already extended itself to the common people, particu- 
 larly in the towns and villages, and the language of the first colo- 
 nists, no doubt partook of this improvement. Put these colonists 
 v.'ere all adventurers; they joined in Sir Walter Raleigh's expedi- 
 tion only for the purpose of making fortunes, and their chief hope 
 was, that they would quickly find Gold in abundance, and return 
 liome to enjoy their wealth. This delusive hope continued for 
 many years to beguile adventurers; who not finding the treasure 
 tlie}' came in quest of, became idle and profligate, and abandoned 
 a country in whicii they had met with nothing but disappointment. 
 Sir Walter Raleigh, after expending a large part of his estate in 
 attempts to settle a colony, assigned to Thomas Smith, of London,, 
 and his associates, the privilege of trading to Virginia and of con- 
 tinuing the colony. Thomas Smith was already famous in the 
 annals of chivah-ous adventure, and was destined to receive an in- 
 crease of fame by new adventures upon this Continent, in his wars 
 -with the Indians and in his deliverance from death by Pocahontas. 
 Under the advice of Raleigli, he directed his efforts to the waters 
 of the Chesapeake, and there planted a colony which becam.e per- 
 nianeiit, and from which Virginia and Carolina were peopled. A 
 new charter was granted to Thomas Smith and his associates^ 
 usually called the London Company, in 1606, and enlarged in 1609. 
 This company continued with many vicissitudes of fortune until the 
 vear 1G26, \whcn it was dissolved. The history of the colony to 
 the time of this dissolution was written by Thomas Smith, and also 
 by Slith. They were cotemporary with Lord Clarendon, who 
 wrote the history of the Rebellion and Civil War in England : 
 Their style and manner of writing, and the public papers published 
 by the President and Council of the colony, during this period,, 
 evidence great improvement in our language. The chaos in which 
 it lay in thfc early part of the reign of Elizabeth, gradually gave 
 tvav to the crdcr and method uhich good sense introduced into. 
 tvcry pursuit : the pedantry and conceits which disfigured our lit- 
 
f-ratiire in Ilip reign of James tlie first, yieldoil \a\hc lufincncv of 
 good taste. Sir Walter Rulcigh published his history of ihc world, 
 Lord Bacon his historical and philosoplucal works and moral es- 
 says, and our poetry was adorned by tiie writings of Milton, Dry- 
 den, Butler, and Otway. Shortly afterwards came Sir Vv'illiam 
 Temple, Archbishop Tillotson and others, who cave facility and 
 grace to composition. These were new beauties and pleased the 
 nation more as they gave to style the charm of polished conversa- 
 tion. 
 
 Whilst the literary taste of the nation Avas thus improving-, reli- 
 gious intolerance drove from England a great number of Quaker?, 
 Presbyterians and other sectarians, who sought refuge in the Vir- 
 ginia colony. They there soon met with the same persecution 
 which had driven them from their native counfiy. They were 
 compelled to leave the colony ; and Providence directing th.eir 
 course through the wilderness, they settled near Pasquotank and 
 Perquimons, and formed the germ of the Carolina Colony. Manv 
 of them were Quakers, and their descendants continue to occupy 
 that district of country to this dav. 
 
 In the year 1663, Charles the Second granted the soil and seig- 
 niory of Carolina to eight Lords Proprietors: who, to encouraj^c 
 emigration, held out favorable terms. They promised to adven- 
 turers gratuities in land according to the number of their respec- 
 tive families, and the most perfect freedom in the exercise of reli- 
 gion. A civil government was established purely representative; 
 a circumstance, to which may be attributed, in a great degree, the 
 republican feelings and opinions which soon characterized the col- 
 ony, and which led to the plan of civil polit}^ under which we now 
 live. When the Lords Proprietors discovered that the colony was 
 likely to become numerous and powerful, they endeavored to re- 
 strain the civil and religious liberty which they had promised to 
 emigrants : they established a new form of government, declaring 
 their object to be " to make the government of the colony agree as 
 nearly as possible with the monarchy of which it was apart, and to 
 avoid erecting a numerous democracy." This plan of government 
 was the joint work of Lord Ashley and the celebrated John Locke; 
 and its chief aim was to appoint orders of nobility, establish a pow- 
 erful aristocracy and check the progress of republican opinions and 
 manners. A mere ridiculous plan for th,e government of tb.e cole- 
 
ny could not have been devised. The People were accustomed to 
 equality and self-government; a rank of nobility was odious to 
 them, and they disregarded laws which they had not been consult- 
 ed in making. The prosperity of the colony declined, public mo- 
 rals relaxed, the laws lost their energy, a general spirit of discon- 
 tent grew up and ripened into rebellion : the governors became 
 corrupt, and the people idle and vicious. The attempt to give ef- 
 fect to the new plan of government entirely failed, and the Lords 
 Proprietors abolished the plan as unsuited to the condition of the 
 colony. Two factions then arose; one that wished to establish a 
 high-toned prerogative government; the other consisted of High 
 Churchmen, who gained the ascendancy, and by their violence 
 brought the government into contempt. Their object was to de- 
 prive all dissenters of the right of suffrage, to curtail their civil 
 rights, and render their situation so oppressive as to compel them 
 to leave the colony. A party of French Hugunots had emigrated 
 to the colony, to enjoy that liberty of conscience and of worship 
 which was denied to them in their native country. These people, 
 entitled by their sufierings no less than by their Protestanism, to 
 the friendship and hospitality of the colonists, were treated with a 
 cruelty that disgraced the High Church party. Being aliens, they 
 were incapable of holding lands until they were naturalized ; and 
 this party having the ascendancy in the Assembly, not only refused 
 to naturalize them, but declared their marriages by ministers not 
 ordained by Episcopal bishops, illegal, and their children illegiti- 
 mate. The progress of this violent, persecuting spirit, was checked 
 by the wise and conciliating measures adopted by Governor Arch- 
 dale. He assumed the government of the colony in 1695 ; he was 
 a Quaker, and possessed in an eminent degree the philanthropy 
 and command of temper, for which this sect has been distinguished. 
 He was one of the Proprietors of the Province, and by the mere 
 force of his character overawed the turbulent, and restored good 
 order. To this excellent man our ancestors are indebted for thfit 
 tolerant provision in their militia law, which we strll retain as a 
 part of our Code, for granting exemption to men who were res- 
 trained by religious principles from bearing arms. 
 
 The religious intolerance of the High Church party was exerted 
 with new energy, after the departure of Governor Archdale from 
 the Province. This party passed laws, which the Lords Proprie- 
 
tors ratified, to establisli ihe Church of England, and to disable 
 dissenters from being members of the Assembly. This was in di- 
 rect violation of the chartered rights of the colonists. The dissen- 
 ters remonstrated to the House of Lords ; and Queen Anne, upon 
 the advice of that body, caused these laws to be repealed. But the 
 High Church party, steady to their purpose, varied their mode of 
 attack ; the spirit of intolerance grew with the growth of the Pro- 
 vince ; emigrations from the Virginia colony and the patronage of 
 the Lords Proprietors, gave to this party a decided majority in the 
 Assembly; they levied a tax on each precinct for the support of 
 a minister, and built churches. Protestant dissenters were only 
 permitted to worship in public, and there to be subject to the rules 
 and restrictions contained in the several acts of Parliament. Qua- 
 kers were permitted to affirm instead of swearing; but they could 
 not hold an office of profit or trust, serve as jurors, or give evidence 
 by affirmation in any criminal case. This contest between the 
 High Church party and the dissenters, produced an hostility of feel- 
 ing which time has softened, but which the lapse of more than a 
 century has been insufficient to allay. This contest however, pro- 
 moted freedom of thought and enquiry among the people ; it shar- 
 pened their understandings, and in a great degree supplied the 
 place of books for instruction. At that time there were few books 
 in the colony: the library of a common man consisted of a bible 
 and a spelling book ; the lawyers had a few books on law, and 
 the ministers a few on theological subjects, and sometimes a few 
 of the Greek and Roman classics: for they, particularly the Pres- 
 byterian ministers, were generally schoolmasters — and with them 
 the poor young men of the colony, who wished'to preach the Gos- 
 pel or plead the law, received their humble education. The turbu- 
 lent spirit of the colonists, their leaning towards republicanism and 
 sectarianism, had induced the Lords Proprietors to forbid the es- 
 tablishment of Printing Presses in the colony; and Sir William 
 Berkley, who had the superintendance of this colony in 1661, gave 
 thanks to Heaven that there was not a Printing-Office in any of 
 the Southern Provinces. 
 
 What improvement in literature could be expected among a peo- 
 ple who were thus distracted by faction, destitute of books, and de- 
 nied the use of the press ? Notwithstanding all these discourage- 
 ments and disadvantages, however, the literature of the colony eyi- 
 
 2 
 
10 
 
 dently advanced. The public papers of that period are written 
 in aconspicuous, nervous style, corresponding in force of expression, 
 purityof languageand perspicuity of arrangement, with similar wri- 
 tings in the reigns of Charles the Second, King William and Queen 
 Anne. The intelligence of the common people and the ability and 
 learning of the men who managed the affairs of the colony in that 
 period, are matters of surprise and astonishment to any one ac- 
 quainted with the disadvantages under which the colony labored. 
 The Assembly and the Courts of Justice, sat in private houses; 
 the acts passed by the Assembly were not printed ; they were read 
 aloud to the people at the first Court after they were passed ; they 
 were in force only for two years, and every biennial Assembl}^ was 
 under the necessity of re-enacting all that were thought useful. — 
 There was no printing press in the colony before the year 1746, at 
 whichtime the condition ofthe statute book required a revisal,and the 
 public interest called aloud for the printing of it. The learning and 
 literature of the colony were confined to the lawyers and ministers 
 ofthe Gospel, most of whom were educated in England ; and it 
 was owing to this circumstance chiefly, that the literature of the 
 colony advanced so steadily with that ofthe mother country. 
 
 The legislation of the colony began to assume form and system 
 in the reign of Queen Anne ; and in the year after her death, 1715, 
 the Assembly passed sixty-six acts, most of which had been fre- 
 quently re-enacted before. Many of those acts remain in force to 
 this day, and are monuments of the political wisdom and legal 
 learning of that time. In style and composition they are equal to 
 any part of our statute book ; they are the first statutes of the col- 
 ony that have come down to our time. 
 
 In the year 1729, the Lords Proprietors, with the exception of 
 Lord Granville, surrendered to the Crown their right to the soil 
 and seigniory of North-Carolina ; and from that time the popula- 
 tion and prosperity of the colony rapidly increased. But in a few 
 years, the great contest commenced between the prerogative of the 
 Crown and the liberty ofthe colonial subject ; which contest even- 
 tually terminated in the American Revolution. This contest gra- 
 dually introduced into North-Carolina, and into all the British co- 
 lonies which took part in it, a style in composition which distin- 
 guishes this period from all others in English or American litera- 
 ture : a style founded upon and expressive of exalted feeling. Ed- 
 
11 
 
 ucalion embellishei] it and gave to it new beauties ; but ifs force and 
 impressive character were perceptible in the writings and speeches 
 of ordinary men. What age or nation ever produced compositions 
 superior to the addresses of the Continental Congress ? When or 
 where shall we find a parallel to the correspondence of General 
 Washington and the General Officers of the American Army ? The 
 style of these addresses and of the correspondence, is the stjde of 
 high thought, and of lofty, yet chastened feeling; and reminds the 
 reader of the finest s])ecimens of compositions in Tacitus, and of the 
 correspondence of Cicero and his iViends after the death of Pompey. 
 
 Tliere is something in the style and sentiment of the writings of 
 this i)eriod which gives to them a magic charm, and seems to con- 
 secrate the subjects on which it is employed ; a something connect- 
 ed with the finest perceptions of our nature. Tiie reader is every 
 moment conscious of it, yet knows not how to explain it. The high 
 moral feeling and virtuous sympathy which characterized the Ame- 
 rican revolution, have given to it a hallowedness of character. It 
 is fortunate for us that Chief-Justice JNlarshall has written the his- 
 tory of this revolution. Whatever may be the defects of this work 
 the history of our revolution will never be so well written again : 
 no work on that subject will ever appear, so well calculated to pro- 
 duce an useful efiect upon its readers. Marshall was a soldier of 
 the revolution, and possessed the finest genius ; he was the perso- 
 nal friend of the Commander in Chief; he partook in all the feel- 
 ings of the officers of the army; and iie has transfused into his 
 work that exalted sentiment which animated his compatriots ia 
 arms. This sentiment is strongly pourtrayed in the writings of^the 
 INIarquis de Chastelleuxand Count Rochambeau, two French general 
 officers in the American service, and in the correspondence of the 
 Commander in Chief and the American general officers. But it 
 can never be embodied into an historical work, by a man who did 
 not feel it in ail its force in the American camp. Literary ele- 
 gance disappears before such moral beauty. There is no historical 
 work in any language, that can be read with so much advantage 
 such moral effect, by American youth, as Marshall'^ Life of Wash- 
 ington. They should read it with diligence, and read it often. 
 They will never rise from the perusal of it, without feeling fresk 
 incentives both to public and private virtue. 
 
 The progress of the style which marked the period of the Ame- 
 
12 
 
 rican revolution, may be traced in North-Carolina from the admin- 
 istration of Governor Dobbs. It had become the common style of 
 the leading men of the colonj^, before the meeting of the Continen- 
 tal Congress in 1774. The correspondence and public papers of 
 Samuel Johnston and Josej)h Hewes of Edenton, of William Hoo- 
 per and Archibald McClaine, of Wilmington, of Richard Caswell of 
 Kinston, of Thomas Burke of Hillsborough, of Francis and 
 Abner Nash of Nevvbern, upon the great subjects which then en- 
 grossed the public attention, do honor to the literature of North- 
 Carolina at that time. They wrote upon matters of business ; 
 business which concerned the welfare of the nation ; they wrote 
 as they felt ; and their compositions coming warm from the heart, 
 are free from affectation or pedantry, and equally free from that 
 prolixity which is the vice of modern composition. 
 
 When these men disappeared, our literature in a great degree 
 disappeared with ihem. The war had exhausted the resources of 
 the State, and ruined the fortunes of many individuals ; we had no 
 schools for the education of our youth ; few of our citizens were 
 able to send their sons to the northern colleges or to Europe to be 
 educated. Two individuals, who received their education during 
 the war, were destined to keep alive the remnant of our literature 
 and prepare the public mind for the establishment of this Univer- 
 sity. These were William R. Davie and Alfred Moore. Each of 
 them had endeared himself to his country by taking an active part 
 in the latter scenes of the war ; and when public order was restor- 
 ed and the courts of justice were opened, they appeared at the bar 
 where they quickly rose to eminence, and for many years shone like 
 meteors in North-Carolina. They adorned the courts in which 
 they practised, gave energy to the laws and dignity to the admin- 
 istration of justice. Their genius was different, and so was their 
 eloquence. Davie took Lord Bolingbroke for his model, and Moore, 
 Dean Swift; and each applied himself with so much diligence to 
 the study of his model, that literary men could easily recognise in 
 the eloquence of Davie, the lofty, flowing styleof Bolingbroke ; and 
 in that of Moore, the plainness and precision of Swift — they roused 
 the ambition of parents and their sons ; they excited emulation 
 among ingenious youth: they depicted in glowing colours the ne- 
 cessity of establishing a public school or university, in which the 
 vouno' men of the State could be educated. The General Asseni- 
 
13 
 
 bly resolved to found an university. I was present in the House 
 of Commons, when Davie addressed that body upon the bill grant- 
 ing a loan of money to the trustees for erecting the buildings of 
 this university ; and although more than thirty years have since 
 elapsed, I have the most vivid recollections of the greatness of his 
 manner and the powers of his eloquence upon that occasion. In 
 the House of Commons he had no rival, and upon all great ques- 
 tions which came before that body, his eloquence was irresistible. 
 The genius and intellectual habits of Moore fitted him for the bar 
 rather than a deliberative assembly. Public opinion was divided 
 upon the question whether he or Davie excelled at the bar. Moore 
 was a small man, neat in his dress and graceful in his manners ; 
 his voice was clear and sonorous, his perceptions quick, and his 
 judgment almost intuitive ; his style was chaste and his manner of 
 speaking animated. Having adopted Swift for his model, his lan- 
 guage was always plain. The clearness and energy of his mind en- 
 abled him almost without an effort, to disentangle the most intricate 
 subject, and expose it in all its parts to the simplest understanding. 
 He spoke with ease and with force, enlivened his discourses with 
 flashes of wit, and where the subject required it, with all the bitter- 
 ness of sarcasm. His speeches were short and impressive : when 
 he sat down, every one thought he had said every thing that he 
 ought to have said. Davie was a tall, elegant man in his person, 
 graceful and commanding in his manners ; his voice was mellow 
 and adapted to the expression of every passion ; his mind compre- 
 hensive, yet slow in its operations, when compared with his great 
 rival. His style was magnificent and flowing ; and he had a great- 
 ness of manner in public speaking, which suited his style, and gave 
 to his speeches an imposing effect. He was a laborious student, 
 arranged his discourses with care, and where the subject suited his 
 genius, poured forth a torrent of eloquence that astonished and en- 
 raptured his audience. They looked npon him with delight, lis- 
 tened to his long, harmonious periods, caught his emotions, and 
 indulged that ecstacy of feeling, which fine speaking and powerful 
 eloquence alone can produce. He is certainly to be ranked among 
 the first orators, and his rival Moore, among the first advocates, 
 which the American nation has produced. 
 
 Whilst these two men were in the zenith of their glory, another 
 man arose at the bar in North-Carolina, who surpassed them both 
 
14 
 
 in profoundness of legal learning, and on many occasions success- 
 fully contended witli them for the palm of forensic eloquence. 
 This was the late John Haywood. He had few advantages from 
 nature ; his person was indifferent, his voice harsh, his manners 
 uncouth, his education limited. He was a stranger to the graces, 
 and had few of the accomplishments of an orator. But he had a 
 powerful and intrepid mind, which he cultivated hy tlie most labo- 
 rious study. The fame of Davie and jSIoore inspired his ambi- 
 tion, and he was tortured by a desire of entering the lists with these 
 champions of the bar. He was conscious of his del"ects, and sought 
 to gain the ascendancy by superior legal learning. He came to 
 the bar with confidence of high, intellectual powers and profound 
 knowledge of ihe law; and in a little time acquired a reputation 
 that placed him at the head of his profession in this State, and gave 
 him rank among the ablest common lawyers in the Union. 
 
 Cotemporary with Haywood, were several gentlemen of the bar 
 now living, and several who are dead, who have sustained the cha- 
 racter of their profession for legal learning and general literature. 
 Among the latter were William Duffey and Archibald Henflerson. 
 Duffey was the child of misfortune. Thrown upon the world with- 
 out friends and without fortune, accident introduced him in his ear- 
 ly youth to the acquaintance of John Haywood, Esq. Ihe venerable 
 Treasurer of this State, who, in the exercise of that benevolence 
 for which his whole life has been conspicuous, gave him employ- 
 ment, enabled him to prosecute his studies, and prepare himself 
 for the bar. Duffey had an opportunity of witnessing the splendid 
 displays of Davie and Moore, and he profited by their example. 
 He devoted a large portion of his time to polite literature, and ac- 
 quired a more elegant style in composition than any of his cotem- 
 poraries in North-Carolina. He had a slight impediment in his 
 speech, but by laborious perseverance, he succeeded in regulating 
 the tones and modulations of his voice in such wa)^, that this impe- 
 diment often seemed to be an ornament to his delivery. He was 
 one of the few men of our countr\^ who could read well ; he studied 
 the art of reading, and his friends will long remember the pleasure 
 they have received from hearing him read. In his addresses at 
 the bar, he was always impressive, particularly upon topics con- 
 nected with virtuous and benevolent feeling. He had a vigorous 
 mind and feelings, attuned to the finest emotions. I remember him 
 
15 
 
 with fond affection. He was my friend, my preceptor, my patron. 
 He instructed me in the science oi the law, in tlie art of managing 
 causes at the bar, and in the still more difficult art of reading books 
 to advantage. I wish it were in my power to render to his memory 
 a more permanent honor than this passing tribute of respect and 
 gratitude ! 
 
 Henderson survived Duffey many years, and obtained the first 
 standing at the bar of this State. He was devoted to his profession, 
 and upon the whole, was the most perfect model of a lawyer that 
 our bar has produced. It was late in life before he turned his at- 
 tention to polite literature, and he never acquired a good style in 
 composition. Yet his style and manner of speaking at the bar were 
 extremely impressive. I shall here speak of him as I did in a 
 sketch of his character published shortly after his death. In him 
 the faculties of fine mind were blended with exalted moral feelings. 
 Although he was at all times accessible, he seemed to live and move 
 in an atmosphere of dignity. He exacted nothing by his manner 
 yet all approached him with reverence and left him with respect. 
 The little quarrels and contests of men were beneath him ; his was 
 the region of high sentiment, and there he occupied a standing that 
 was pre-eminent. The constitution and jurisprudence of his coun- 
 try, were his favorite studies. Profound reflection had general- 
 ised his ideas, and given to his political and legal learning a scien- 
 tific cast. No man better understood thetheory of our government ; 
 no man more admired it, and no man gave more practical proofs 
 of hi? admiration. The sublime idea that he lived under a govern- 
 ment of laws, was forever uppermost in his mind, and seemed ta 
 give a coloring to all his actions. As he acknowledged no domi- 
 nion but that of the laws, he bowed with reverence to their authority, 
 and taught obedience no less by his example than his precept. To 
 the humble officer of justice he was respectful •, the vices of private 
 character were overlooked, when the individual stood before him 
 clothed with judicial authority. In the County Courts, where the 
 Justices of the Peace administer the law, he was no less respectful 
 in his deportment, than in the highest tribunal of the State. He con- 
 sidered obedience to the laws to be the first duty of a citizen ; and 
 it seemed to be the great object of his prot'essional life, to inculcate 
 a sense of this duty, and give to the administration of the laws an 
 impressive character. He was conscious of his high standing, and 
 
in 
 
 never committed himself, nor put bis reputation at risk. He al- 
 ways came to the trial of his causes well prepared ; and if the state 
 of his health, or his want of preparation were likely to jeopardise 
 his reputation in the management of his client's cause, he would 
 decline the trial until a more favorable time. The courts in which 
 he practised, and his brother lawyers, understood the delicacy of 
 his feelings upon this point so well, that they extended to him the 
 indulgence he required ; and a knowledge of this part of hischarac- 
 ter, gave confidence to his clients and attracted crowds of people to 
 hear his speeches. When he rose at the bar, no one expected to 
 hear common place matter ; no one looked for a cold, vapid or 
 phlegmatic harangue. His great excellence as a speaker consisted 
 in an earnestness and dignity of manner, and strong powers of 
 reasoning. He seized one or two strong points, and these he illus- 
 trated and enforced. His exordium was short and appropriate ; 
 he quickly marched up to the great point in controversy, making 
 no manoeuvre as if he were afraid to approach it, or was desirous 
 of attacking it by surprise. The confidence heexhibited of success 
 he gradually imparted to his hearers ; he grew more warm and 
 earnest as he advanced in his argument, and seizing the critical 
 moment for enforcing conviction, he brought forth his main argu- 
 ment, pressed it home and sat down. As he advanced in life, he 
 seemed more and more anxious that the laws should be interpreted 
 and administered by the rules of common sense. He lost his re- 
 verence for artificial rules ; he said the laws were made for the 
 people, and they should be interpreted and administered by rules 
 which they understood, whenever it was practicable : that common 
 sense belonged to the people in a higher degree than to learned 
 men, and to interpret laws by rules which were at variance with 
 the rules of common sense, necessarily lessened the respect of the 
 people for the laws, and induced them to believe that courts and 
 lawyers contrived mysteries in the science merely for the purpose 
 of supporting the profession of lawyers. He said the rules of pe- 
 dantry did not suit this country nor this age ; that common sense 
 had acquired dominion in politics and religion, and was gaining it 
 in the law; that judges and lawyers should have the independence 
 and magnanimity to strip ofi" the veil of mystery from every branch 
 of the science, and simplify and make it intelligible, as far as pos- 
 sible, to the understanding of the common people. 
 
17' 
 
 In all free States, eloquence has preceded poetry, history and 
 philosophy. By opening the road to wealth and fame, it subserves 
 the purposes of avarice and ambition ; society is led captive by its 
 charms, and sometimes bound in fetters by its powers. In this 
 State, the Bar and the General Assembly have been thus far the 
 theatre for its display. It is the branch of literature which we 
 have cultivated with most success, and in which we have not 
 been far behind any of our sister Slates. Not long after Davie left 
 the House of Commons, there appeared in that body another man, 
 whose genius we have all admired, and whose misfortune we all 
 deplore. I hope I may be permitted to speak of him, although he 
 be still living : Providence has withdrawn him from public view, 
 and he has been followed by the regrets and tears of his country- 
 men. I speak of John Stanly, Esq. For more than twenty years 
 he has been the ornament of the Bar and of the Houseof Commons. 
 Small in stature, neat in dress, graceful in manner, with a voice 
 well modulated, and a mind intrepid, disciplined and rich in know- 
 ledge, he became the most accomplished orator of the State. His 
 style of eloquence was more various than that of any of his prede- 
 cessors. Such were the versatility of his genius and the extent of 
 his acquirements, that he could at pleasure adopt the lofty, flowing 
 style of Davie, or the plain, simple, energetic style of Moore. He 
 could rouse the noble passions, or amuse by his wit and pleasan- 
 try. He excelled in appropriate pauses, emphasis and gesticula- 
 tion. No speaker was ever more fortunate in accommodating his 
 manner to his subject : and on all important subjects he had a 
 greatness of manner which small men seldom acquire. He resem- 
 bled Moore in the quickness of his perceptions and the intuition of 
 his judgment. His talents and knowledge were always at com- 
 mand, and he could bring them to bear with force and effect as oc- 
 casion required, without any preparation. His mind was so well 
 disciplined and so happily toned, that it was always ready for ac- 
 tion. He possessed the rare talent of conversing well ; his con- 
 versation was the perpetual flow of sober thought or pleasant hu- 
 mour, and was heightened in its efiect by his happy style and 
 gracefulness of manner. He was among the few orators of this or 
 any country, whose style and manner in conversation equalled his 
 style and manner in public speaking. 
 
 Few of the men whom I have named had the advantage of a ii- 
 
baral etlueatioii : they rose to eminence by the force of their genius 
 and a diligent application to their studies. The number of our li- 
 terary men has been small, compared with our population ; but this 
 is not a matter of surprise, when we look to the condition of the 
 State since the close of the revolutionary war. AVhen the war end- 
 ed, the people were in povert}', society in disorder, morals and 
 manners almost prostrate. Order was to be restored to society 
 and energ}'' to the laws, before industry could repair the fortunes 
 of the people; schools were to be established for the education of 
 youth, and congregations formed for preaching the gospel, before 
 the public morals could be amended. Time was required to effect 
 these objects ; and the most important of them, the education of 
 youth, was tlie longest neglected. Before this university went in- 
 to operation, in 1795, there were not more than three schools in 
 the State, in which the rudiments of a classical education could be 
 acquired. The most prominent and useful of these schools was 
 kept by Dr. David Caldwell, of Guilford county. He instituted 
 it shortly after the close of tlie war, and continued it for morethaa 
 thirty years. The usefulness of Dr. Caldwell to the literature of 
 North-Carolina will never be suflicicnlly appreciated: but the op- 
 porluuities of instruction in his scliool were very limited. There 
 was no library attached to it; his students were supplied with a 
 few of the Greek and Latin classics, Euclid's Elements of INIathe- 
 matics, and JNIartin's Natural Philosoph_y. Moral Philosophy was 
 taught from a syllabus of lectures delivered by Dr. WitherspooH 
 in Princeton CollegfJ. The students had no books on history or 
 miscellaneous literature. There were indeed very few in the State, 
 except in the libraries of lawyers who lived in the commercial towns. 
 I well remember, that after completing my course of studies under 
 Dr. Caldwell, I spent nearly two years without finding any books 
 to read, except some old works on theological subjects. At length, 
 I accidentally mot with Voltaire's history of Charles the twelfth 
 of Sweden, an odd volume of Smollett's Roderic Random, and an 
 abridgement of Don Quixote. These books gave me a taste for 
 reading, which I had no opportunity of gratifying until I became a 
 student in this university in the year 1796, Few of Dr. Caldwell's 
 students had better opportunities of getting books than myself ; 
 and with these slender opportunities of instruction, it is not surpris- 
 ing that so few i^ccame eminent in the liberal professions. At this 
 
d-ay, when libraries are establisiied in all our luwns, when every 
 professional man. aiid every respectable gentleman, has a collection 
 of books, it is diflicult to conceive the inconveniences under which 
 young men labored thirty or forty years ago. 
 
 But has the number of our distinguished men increased as the 
 facilities of instruction have increased? They certainly have not. 
 Of the number of young men who have been educated at this uni- 
 versity, how few have risen toeminence in any branch of literature ! 
 Their number bears no proportion to the increased means of instruc- 
 tion which they have had. To what causes is this to be attributed ? 
 The causes are numerous, but we will notice only a few of the most 
 operative. In the first place, the plan of education in all our schools, 
 particularly in our preparatory schools, is radically defective : too 
 much time is spent upon syntax and etymology ; the time of the 
 student is wasted, aiul his genius frittered away upon words, in- 
 stead of being developed and polished by the spirit of the write.r. 
 Instead of directing the study of the Gi'eek and Latin classics tO' 
 the developcment of his faculties and the improvement of his taste, 
 ]\istimcis taken up in nice attentions to words, arrangement of 
 clauses and construction of periods. With his mind thus injured, 
 lie enters upon the study of the physical and moral sciences, and 
 long accustomed to frivolous investigation, he never rises to the dig- 
 nity of those sciences, nor understands the methods b}^ which their 
 truths are illustrated. In the next place, too many studies are 
 crowded upon the student at once; studies which have no ana- 
 logy nor connexion. In the third place, the time allotted 
 for completing a course of scientific study is too short; the 
 student's mind fiags under the severe labours imposed upon it. 
 The elasticity of the mind ought never to be weakened ; if it 
 be, the student thenceforward hobbles through his course, and 
 is often broken down before he gets to the end of it. In tho 
 fourth place, too many studies are pursued, and none are pursued 
 well : the student acquires a smattering of languages and sci- 
 ences, and understands none of them. This encyclopedical kind 
 of learning is destructive of the powers of the mind, and unfits it for 
 deep and severe investigation. In the last place, the multitude of 
 books is a serious injury to most students. They despair of read- 
 ing many of them, and content themselves with reading reviews of 
 tlie most celebrated. At length the valuable hooks are placed a\yay 
 
20 
 
 carefully in a library, and newspapers, pamphlets and other fugi- 
 tive productions, take up all their time for reading. There is noth- 
 ing in this course, which teaches youth how to think and investigate. 
 The great object of education is to give to the mind activity and 
 energy : this object can never be attained by a course of studies 
 which distract its attention and impair its elasticity. 
 
 The evils which I have mentioned are not confined to the schools 
 of North-Carolina; they exist in nearly all the schools of the Uni- 
 on. Massachusetts has taken the lead in correcting them, and 
 introducing methodsof instruction founded upon the philosophy of 
 the mind. The state of science and of literature among her people, 
 shews the happy effect of these changes. The trustees of this uni- 
 versity have resolved to make similar changes, to remodel the plan 
 of studies, and introduce new methods of instruction. But whate- 
 ver changes may be made in our plans of education, young men, 
 who are desirous of being either useful or eminent in active life, 
 should recollect this truth, that the education received at a collegeor 
 university, is intended only as a preparation of the mind for receiv- 
 ing the rich stores of science and general knowledge, which subse- 
 quent industry is to acquire. He who depends upon this prepara- 
 tion alone, will be like a farmer who ploughs his land and sows no 
 <^rain. The period of useful study commences, when a young man 
 finishes his collegiate course. At that time his faculties have ac- 
 quired some maturity from age, and some discipline from exercise ; 
 and if he enter with diligence upon the study of a branch of science, 
 and confine his attention to that branch, he soon becomes astonish- 
 ed at his progress, and at the increase of his intellectual powers. 
 Let him avoid reading or even looking into a variety of books. 
 Nine-tenths of them are worse than useless; the reading of them 
 produces a positive injury to the mind ; ihey not only distract his 
 attention, but blunt his faculties. Let him read only works of men 
 of genius; read but few books and read them often. Take two 
 voung men of equal minds and similar genius ; put into the hands 
 of one, Shakespeare's Plays, Milton's Paradise Lost, Don Quixote 
 and Gil Bias ; and into the hands of the other, all the hundred vo- 
 lumes of dulness which fill our libraries ; and at the end of twelve 
 months, mark the difference between them. The first will be like 
 the high-spirited steed that is ready for the course ; the other will 
 be encumbered with a load of useless ideas, his faculties weakened, 
 and the bright tints of his genius obscured. 
 
31 
 
 The next great object, after the improvement of the intellectual 
 faculties, is the forming of a moral character. This is by far the 
 most difficult part of education : it depends upon the doctrines of 
 morals, and the philosophy of the passions and feelings. Little 
 success has heretofore attended it, either in the schools of Europe 
 or this country. The moral character of youth has been generally 
 formed by their ])arents, by friends who gained their confidence, 
 or by their pursuits in active life. The morality thus taught is 
 purely practical ; it has reference to no abstract truths ; it looks 
 only to the passions and feelings of our nature under the variety 
 of circumstances in which we may be placed in society, and the 
 duties which thence result. The science of Ethics taught in our 
 schools is a cold, speculative science ; and our youth are misled by 
 substituting this for practical morality. It is to be regretted, that 
 we have no work on moral philosophy, which treats of Ethics 
 purely as a practical science; and it is remarkable, that, notwith- 
 standing the great improvement that has been made within the last 
 century in metaphysical and physical science, and the liberal turn 
 of philosophical enquiry which has been introduced, the science of 
 Ethics remains stationary. The question, "what is the foundation 
 of moral obligation," is not more satisfactorily'^ answered now than 
 it was two centuries ago. And until the principles of Ethics shall 
 be disentangled from the speculative doctrines of Theology, inter- 
 woven by the schoolmen and monks in the sixteenth and seven- 
 teenth centuries, and those principles be traced to the constitution 
 and condition of men, having for their object the developement of 
 his social rights and duties, we shall have to regret that the most sub- 
 lime of all the sciences remains imperfect. It seems to be reserved 
 for the philosophers of Scotland to trace those principles and 
 make this developement; and we wait with impatience for the 
 promised work of Dugald Stuart on this subject. But any system 
 of morals which we may study as a science, will never have much 
 effect in forming our moral character. We must look to our con- 
 stitutional temperament, to our passions and feelings as influ- 
 enced by external circumstances; and for rules of conduct, we must 
 look to the sermons and parables of Christ: they are worth more 
 than all the books which have been written on morals ; they ex- 
 plain, and at the same time apply that pure morality which is 
 founded upon virtuous feeling. 
 
Young Gentlemen of the Dialectic 
 
 and Philanthropic Societies : 
 
 As you have conferred on me the honor of dellverhig this 
 first public Address under your joint resolution, I hope you will 
 permit me, before I sit down, to say a few words upon a subject 
 connected with the usefulness of your Societies and the interests 
 of the University. I speak to 3^ou in the spirit of fellowship, and 
 along acquaintance with your Societies enables me to speak with 
 confidence. I well know the influence which your Societies can 
 exercise in maintaining the good order of this institution, in sus- 
 taining the authority of the faculty, in suppressing vice, and pro- 
 moting a gentlemanly deportment among the students. Every 
 respectable student of proper age, is a member of one or the other 
 of your Societies, and feels more mortification at incurring its cen- 
 sure than that of iho faculty. This feeling is the fulcrum on which 
 the power of the Societies ought to be exerted. Let me entreat 
 you, then, more particularly as you propose hereafter to occupy a 
 higher ground than you have heretofore done, to exert that power 
 in sustaining the discipline of the University, in encouraging indus- 
 try and good manners, and in suppressing vice. The united eflorts 
 of the two Societies can do more in effecting these objects than the 
 authority of the trustees or faculty. A high responsibility rests 
 upon you : your honor and the welfare of the University demand 
 its faithful discharge. 
 
 In a short time you will complete 3'our course of studies at this 
 place, and bid adieu to these Halls, to act your parts upon the great 
 theatre of active life. Your friends and your country have much 
 to hope, much to expect from you. Devote yourselves with dili- 
 gence to your studies. \Vhen you shall have finished your course, 
 here, remember that your education is just commencing; I mean 
 that education which is to fit you for acting a distinguished part 
 upon the theatre of your country. The pursuits and the honors of 
 literature lie in the same road with those of ambition ; and he who 
 aspires to fame or distinction, must rest his hopes upon the improve- 
 ment of liis intellect. Julius Csesar was one of the most accomplish- 
 ed scholars of Rome, and Najjoleon Buonaparte of France. In 
 our own country, we lately have seen one of our most eminent 
 scholars raided to the Chief Magistracy of the Nation, ?.nd the great- 
 
23 
 
 est orator of the age made his prime minister. I speak not here 
 of politics: literature has no factions ; good taste no parties. Re- 
 member, my young friends, that most of the men who thus far have 
 shed a lustre upon our country, had not one-half the opportunities 
 of education which you have enjoyed. They had to rely upon their 
 genius and industry. Genius delights to toil with difficulties; they 
 discipline its powers and animate its courage: it contemns the 
 honors which can be obtained without labor, and prizes only those 
 which are purchased by noble exertion. Wish, not, therefore, for 
 a life of ease; but go forth with stout hearts and determined reso- 
 lution. As yet you little know what labour and perseverance can 
 eflfect, nor the exalted pleasures which honorable exertion gives to 
 an ingenuous mind. May God take charge of you; lead you in 
 the ways of uprightness and honor; make you ?dl useful men, and 
 ornaments to your country ! 
 
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