sinners, would be seen scared and scamper- the human body, the physical instrument of ing from their holes and hiding-places; intelligence, centre of sensation, and source just as even now the inmates of some single of volition, is permitted, in many cases, to abode of iniquity or infamy are sometimes be in a state of undoubted disorder, withseen flying from the sudden irruption of an out exciting any attention until some frightearthly police, or from the startling terrors fully urgent, alarming, and dangerous symp; of some self-constituted vigilance committee! | toms have been manifested, and then, and Christianity, neither Sectarian nor Sec- not till then, has the actual extent of the tional, the Great Remedy for Social and mischief been appreciated, the condition of Political Evils: An Address delivered the patient recognized, and advice obtained before the Young Men's Christian As- for his relief! sociation, Boston, April 7, 1859. Re- Other deviations from organic conditions peated before the Young Men's Chris- of health do not, as a general rule, meet tian Association of Richmond, Virginia, with similar systematic neglect. In affecMay 5, 1859. Republished in Addresses tions of the stomach, liver, bowels, lungs, and and Speeches, Boston, 1867, r. Svo, 408– skin, &c., the first symptoms of approaching 450. disease are immediately observed, and the patient, without loss of time, seeks the aid of his physician. But when the brain is FORBES WINSLOW, M.D., affected, and the patient troubled with perD.C.L. OXON., sistent headache, associated with some slight derangement of the intelligence, disorder of born 1810, died 1874, was author of a the sensibility, illusions of the senses, denumber of valuable medical works upon in pression of spirits, loss of mental power, or sanity and other subjects, of which the most modification of motility, his condition is, in important is On Obscure Diseases of the many cases, entirely overlooked, or studiBrain, and Disorders of the Mind, Lond., ously ignored, as if such abnormal symp1860, 8vo; Phila., 1860, 8vo; 4th ed., Lond. toms were signs of robust health, instead of 1868, p. 8vo. being, as they undoubtedly are, indications of cerebral disorder requiring the most grave “The future British text-book on mental and and serious attention, prompt, energetic, and cerebral pathology. skilful treatment! bodily suffering and hopeless mental imbecility might be prevented if the practical and scientific One reason of the neglect to which the views propounded in Dr. Winslow's book were brain is subjected when under the influence generally diffused.”--Lond. Lancet. of disease, is a notion, too generally enter"The master effort of a great philosopher.”— tained, that many of the more fatal forms Dub. Quar. Med. Juur., 1860. of cerebral diseases are suddenly developed affections, presenting no evidence of any NEGLECT OF INCIPIENT SYMPTOMS OF IN- antecedent encephalic organic change, and unaccompanied by a premonitory stage, or incipient symptoms. Upon investigating the history of the dis- It is indeed natural that such an ideir eases of the brain, how frequently does the should be entertained, even by an educated medical man discover that positive and un- professional man whose attention has not equivocal cerebral symptoms have existed, I been specially directed to a study of this and perhaps, during the carly stage, even class of disease, or whose opportunities of been observed for months, and in some cases watching the progress of such affections have for years, without exciting any apprehen- been limited and circumscribed. sion on the part of the patient, his family, A man apparently in vigorous health, misor friends! ing daily with his family, going to his countIn many of such instances, clearly mani- ing-house, engaging in the active pursuits fested head symptoms were entirely over- of commerce, or occupying his attention in looked. If noticed, no right estimation was professional or literary duties, whilst stepmade of their value. My attention has been ping into his carriage, or when entertaining called to cases in which serious mischief to his friends at the festive board, falls down the delicate structure of the brain and its either at his door in a state of unconsciousinvesting membranes has thus been per- ness, or quietly bows his head on his plate at mitted by the patient's friends to proceed the dinner-table and dies, surrounded by his uninterruptedly for years, no treatment family, in a fit of cerebral hemorrhage! being adopted to arrest the progress of the A gentleman during dinner complains sudfatal disorganization ! denly of giddiness and sickness. He retires The brain, that most important, and ex- to another room, where he is found a minute quisitely organized, of all the structures of | afterwards supporting by a bed-post, con What an amount of SANITY. fused and pale. Being put to bed he soon be- tend successfully in its many battles, strugcomes comatose and dies. . . . Fully recog- gles, and trials. nizing the obscurity in which this subject is Before concluding this subject, I would involved, I would ask, whether the affections briefly address myself to the consideration of the brain, in the majority of cases, are not of two important questions intimately cunpreceded by a well-marked, clearly-defined, nected with the interesting facts previously but often undetected and unobserved precur- discussed, viz. : sory stage? Is it possible for a person to be 1. At what particular period of iife does the suddenly laid prostrate in the arms of death intellect begin to decline, and when, as a gentby an attack of apoplexy, cerebritis, menin- eral rule, is first obserred the commencement gitis, paralysis, acute softening, or mania, of an insenescence of the intellectual principle? evidencing after death long-existing chronic 2. Is great strength of memory often associalteration in the cerebral structure, without ated with limited powers of judgment and having existed, for some time previously, reasoning, and conjoined with a low order of faint and transitory they may be, but never- intelligence ? theless decidedly characteristic symptoms, " In old persons," says Cabanis, "the pointing unmistakably to the brain the feebleness of the brain, and of those funcfons et origo mali? tions which originate therein, give to their On Obscure Diseases of the Brain. determination the same mobility, the same characteristic uncertainty, which they posTHE MEMORY. sess during childhood ; in fact, the two con ditions closely resemble each other." The I should regret if, in the preceding obser- Professor of Physiology at the University of vations, I were to convey the impression Montpellier, Dr. Lordät, denies the truth of that I estimated lightly the benefit to be de- this aphorism, and terms it a “popular derived from a steady and persevering cultiva- lusion." This able physiologist and philosotion of the memory in early life. It is, in pher maintains that it is the rital, not the every point of view, most essential that this intellectual, principle that is seen to wane as faculty should be carefully developed, dis- old age throws its autumnal tinge over the ciplined, and invigorated during the scho- green foliage of life. “It is not true," he lastic training which most boys intended for says, " that the intellect becomes weaker the universities, and subsequently for politi- | after the vital force has passed its culmical and professional life, have to undergo. nating point. The understanding acquires The knowledge then acquired is seldom if more strength during the first half of that ever obliterated from the mind, except by period which is designated as old age. It is disease. How much of the pure, retined, impossible," he says, “ to assign any period and elevated mental enjoyinent in which of existence at which the reasoning powers men of education luxuriously revel in after- suffer deterioration.'' Numerous illustrayears is to be traced to that period when they tions are adduced to establish that senescence were compelled to commit to memory, often of the intelligence is not isochronous with as a task, but more frequently as a part of that of the vital force. the regular curriculum of the schools, long The conversation of the celebrated comand brilliant passages from illustrious clas- poser, Cherubini, at the age of eighty, is sical authors? Do we ever regret, when our said to have been as brilliant as during the bark is being tossed upon the noisy and tem- meridian of his existence. Gossec composed pestuous ocean of life, having had to go a Te Deum when at the age of seventy-eight. through such an intellectual ordeal ? . Is not Corneille, when seventy years of age, exthe mind thus stored with an imperishable hibited no decay of intellect, judging from knowledge of passages from the poets, ora- his poetic address to the king. M. des Quentors, and historians of antiquity full of ele- sounnières, the accomplished poet, at the vated thoughts, profound wisdom, exquisite advanced age of one hundred and sixteen, imagery, noble and magnanimous senti- was full of vivacity, and fully capable of ments? sustaining a lively and intelligent conversaIt would be absurd to undervalue a system tion. M. Leroy, of Rambouillet, at the age of educational discipline productive of such of one hundred, composed a remarkably obvious advantages. My animadversions beautiful and spirited poem. Ablé Taublei, are directed against the too exclusive culti- when speaking of the intellect of Fontenelle vation and undue straining of the memory. when far advanced in life, says, “ His intelWe are disposed to forget that there are lectual faculties, with the exception of a higher and more exalted mental faculties slight defect of memory, had preserved their that require to be carefully expanded and integrity in spite of corporeal debility. His fortified before the mind is fitted to enter into thoughts were elevated, his expressions finthe great arena of life, and qualified to con- | ished, his answers quick and to the point his reasoning powers accurate and pro- study has been prescribed, never, it is befound.” Cardinal de Fleury was Prime lieved, exceeding three years. In some Minister of France from the age of seventy States, however, even this restriction is not to ninety. At the age of eighty Fontenelle found. The applicant for admission is exasked permission, on the ground of physical amined, as to his knowledge and qualificainfirmity, to retire from the post of per- tions, either by the courts or by a committee petual secretary of the Academy of Sciences of members of the bar. The prime minister refused the request. The profession is the avenue to political Three years subsequently Fontenelle again honours and influence. Those who attain expressed a wish to resign office. “You are eminence in it are largely rewarded, and, an indolent, lazy fellow," writes the Car- with ordinary prudence, cannot fail to accudinal;“ but I suppose we must occasionally mulate a handsome competence. Hence the indulge such characters.” Voltaire, when young and ambitious are found crowding at the age of eighty-four, came to Paris, | into it. agreeably to his own language, " to seek a There is a great-perhaps an overduetriumph and to find a tomb." Richelieu died haste in American youth to enter upon the at the age of ninety-three, full of mental active and stirring scenes of life. Hence it vigour. A few minutes before his death, is undoubtedly true that many men are to his daughter-in-law, wishing to encourage be found in the ranks of the profession withhim, said, “You are not so ill as you would out adequate preparation. Very often the wish us to believe ; your countenance is difficulties presented by the want of a suitcharming.” “What!" said he, with the ut- able education are overcome by native enmost vivacity, and full of wit and humour, ergy, application, and perseverance; but “has my face been converted into a mirror ?" more commonly they prevent permanent On Obscure Diseases of the Brain. success, and confine the unlettered advocate to the lower walks of the profession, which promise neither profit nor honour. Unless in cases of extraordinary enthusiasm and where GEORGE SHARSWOOD, LL.D., there are evident marks of bright, natural talents, a young man without the advantages born in Philadelphia, 1810, graduated at the of education should be discouraged from University of Pennsylvania, 1828, admitted commencing the study of the law. Not to the Philadelphia bar, 1831, Judge of the that a collegiate or classical course of trainDistrict Court of Penna., 1845, and Presi- ing should be insisted on as essential,dent Judge from 1851 until Dec. 1867, when although it is doubtless of the highest imhe took his seat as an Associate Justice in portance. Classical studies are especially the Supreme Court of the State ; Professor calculated to exercise the mental faculties in of Law in the University of Penna., 1850 habits of close investigation and searching et seq.; for three years a member of the analysis, as well as to forin the taste upon Penna. Legislature. Professional Ethics, models of the purest eloquence. The oraPhila., 1854, 8vo, 3d edit., 1869, 12mo ; Pop-tors and historians of Greece and of Rome ular Lectures on Common Law, 1856, 12mo. are a school in which exalted patriotisin, Edited: Blackstone's Commentaries, Byles high-toned moral feeling, and a generous on Bills of Exchange, Coote on Mortgages, enthusiasm can be most successfully cultiEnglish Common Law Reports, Laws of the vated. With a good English education, howUnited States, vols. iv. and v. (in continua- ever, many a man has made a respectable tion of Story), Leigh's Nisi Prius, Roscoe on figure at the bar. Criminal Evidence, Russell on Crimes, Smith Lord Campbell has said that he who is (J. W.) on Contracts, Starkie on Evidence, not a good lawyer before he comes to the Stephens's Nisi Prius. bar will never be a good one after it.” It is, no doubt, highly necessary that the years LAW STUDIES. of preparation should be years of earnest, diligent study; but it is entirely too much It is proposed to present a few considera- to say, with us, that a course of three years' tions upon the proper mode of training for reading, at so early a staye, will make a good the practice of the profession of the law in lawyer. In truth, the most important part this country. They will be altogether of a of every lawyer's education begins with his practical character. admission to practice. He that ceases then The bar in the United States is open to all to follow a close and systematical course of who wish to enter it. It is mostly under the reading, although he may succeed in acquirregulation of the various courts, and their ing a considerable amount of practical knowlrules have been framed upon the most liberal edge, from the necessity he will be under of principles. Generally a certain period of investigating different questions, yet it will a not be of that deep-laid character necessary talked over what I had read, I never forgot to sustain him in every emergency. It may that." be safe, then, to divide the period of a law- Much, of course, will depend upon what yer's preparation into first, a course of two may be termed the mental temperament of or three years' reading before his admission, the student himself, which no one can so and, second, one of five or seven years' close well observe as his immediate preceptor; and continued application after that event. and he will be governed accordingly in the At the commencement of his studies in selection of the works to be placed in his the office of his legal preceptor, the cardinal hands and his general course of training. maxim by which he should be governed in No lawyer does his duty who does not frehis reading should be non multa, sed multum. quently examine his student,---not merely as Indeed, it was an observation of Lord Mans- an important means of exciting him to attenfield, that the quantity of professional read- tion and application, but in order to acquire ing absolutely necessary, or even useful, to such an acquaintance with the character of a lawyer, was not so great as was usually bis pupil's mind—its quickness or slowness, imagined. The Commentaries of Black- its concentrativeness or discursiveness-as stone and of Chancellor Kent should be read, to be able to form a judgment as to whether and read again and again. The elementary be requires the curb or the spur. It is an principles so well and elegantly presented inestimable advantage to a young man to and illustrated in these two justly-celebrated have a judicious and experienced friend works should be rendered familiar. They watching anxiously his progress, and comform, too, a general plan or outline of the petent to direct him when, if he is left to science, by which the student will be able to himself, he will most probably wander in arrange and systematize all his subsequent darkness and danger. acquisitions. "To these may be added a few In regard to the more thorough and exbooks of a more practical cast; such as Tidd's tended course of reading which may and Practice, Stephen on Pleading, Greenleaf's ought to be prosecuted after admission to the Evidence, Stephens's or Leigh's Nisi Prius, bar, the remarks of one of the most distinMitford's or Story's Equity Pleading, which, guished men who have ever graced the with such reading of the local law of the American bar, whose own example has enState in which he purposes to settle as may forced and illustrated their value, may be he necessary to make up the best part of commended to the serious consideration of office-reading. It will be better to have well the student. “There are two very different mastered thus much than to have run over methods of acquiring a knowledge of the three times as many books hastily and super- laws of England," says IIorace Binney (art. ficially. Let the student often stop and ex- Edward Tilghman, Encyclopedia Americana, amine himself upon what he has read. It vol. xiv.), and by each of them men have would be an excellent mode of proceeding succeeded in public estimation to an almost for him, after having read a lecture or chap- equal extent. One of them, which may be ter, to lay aside the book and endeavour to called the old way, is a methodical study of commit the substance of it to writing, trust the general system of law, and of its grounds ing entirely to his memory for the matter, and reasons, beginning with the fundamental and using his own language. After having law of estates and tenures, and pursuing the done this, let him reperuse the section, by derivative branches in logical succession, and which he will not only discern what parts the collateral subjects in due order, by which have escaped his memory, but the whole will the student acquires a knowledge of princibe more certainly impressed upon his mind, ples that rule in all departments of the and become incorporated with it as if it bad science, and learns to feel, as much as to been originally his own work. Let him cul- know, what is in harmony with the system tivate intercourse with others pursuing the and what not. The other is to get an outsame studies, and converse frequently upon line of the system by the aid of commentathe subject of their reading. Tlie biographer ries, and to fill it up by desultory reading of Lord Keeper North has recorded of him of treatises and reports, according, the that "he fell into the way of putting cases bent of the student, without much shape or (as they call it), which much improved bim, certainty in the knowledge so acquired, until and he was most sensible of the benefit of it is given by investigation in the courts discourse : for I have observed him often say of practice. A good deal of law may be that (after his day's reading) at his night's put together by a facile or flexible man in congress with his professional friends, what the second of these modes, and the public ever the subject was, he made it the subject are often satisfied; but the profession of discourse in the company; for, said he, I itself knows the first, by its fruits, to be read many things which I am sensible I for- the most effectual way of making a great get; but I found, withal, that if I had once I lawyer."' Under this view, the following course of 44. Justinian's Institutes. Taylor's Elereading may be pursued. The whole sub- ments. Mackeldy's Compendium. Colject is divided into heads, and the order of quhoun's Summary, Domat's Civil Law. proceeding is suggested. All the books Savigny's Histoire du Droit Romain. Sanamed may not be within the student's vigny's Traité du Droit Romain. reach : : some may be omitted, or others may VII. Persons and Personal Property. be substituted. It may, however, be some- -Reeves on Domestic Relations. Bingham what irksome to pursue any one branch for on Infancy and Coverture. Roper on Hustoo long a period unvaried. When that is band and Wife. Angell and Ames on Corfound to be the case, the last five heads may porations. Pothier's Works. Smith on be adopted as collateral studies, and pursued Contracts. Jones on Bailinents. Story on simultaneously with the first three. Bailments. Story on Partnerships. Byles I. REAL ESTATE AND Equity.--IIale's His- on Bills. Abbot on Shipping. Duer on Intory of the Common Law. Reeves's History surance. Emerigon Traité des Assurances. of the English Law. Robertson's Charles Boulay-Paty Cours de Droit Commercial. V. Hallam's Middle Ages. Dalrymple on Story on the Conflict of Laws. Feudal Property. Wright on Tenures. VIII. ExecutORS AND ADMINISTRATORS. Finch's Law. Doctor and Student. Little --Roper on Legacies. Toller on Executors. ton's Tenures. Coke upon Littleton. Pres- Williams on Esecutors. Lorelass's Law ton on Estates. Fearne on Contingent Re. Disposal. mainders. Sheppard's Touchstone. Pres- Very few Report books are set down in ton on Abstracts. Preston on Conveyancing. this list as to be read in course. In his regJeremy on Equity. Story's Equity Juris- ular rending, the student should constantly, prudence. Powell on Mortgages. Bacon on where it is in his power, resort to and exUses. Sanders on Uses and Trusts. Sugden amine the leading cases referred to and comon Powers. Sugden on Vendors and Pur- mented upon by his authors. In this way chasers. Powell on Devises. Jarman on he will read them more intelligently, and Wills. they will be better impressed upon his II. Practice, PLEADING, AND Evidence. memory. --Sellon's Practice. Tidd's Practice. Ste- It is believed that the course thus sketched, phen on Pleading. Williams's Saunders. if steadily and laboriously pursued, will Greenleaf on Evidence. Mitford's Equity make a very thorough lawyer. There is Pleading. Barton's Suit in Equity. New- certainly nothing in the plan beyond the land's Chancery. Gresley on Equity Evi- reach of any, young man with industry and dence. application, in a period of from five to seven III. CRIMES AND FORFEITURES.-IIale's years, with a considerable allowance for the Pleas of the Crown. Foster's Crown Law. interruptions of business and relaxation. Yorke on Forfeiture. Coke's Institutes, He must have, however, certain fixed and Part III. Russell on Crimes and Misde- regular hours for his law-studies, and he Roscoe on Criminal Evidence. must not suffer the charms of a light literaChitty on Criminal Law. ture to allure him aside. The fruits of IV. NATURAL AND INTERNATIONAL Law. study cannot be gathered without its toil. -Burlamaqui's Natural and Political Law. In the law, a young man must be the archiGrotius de Jure Belli et Pacis. Rutherforth's tect of his own character, as well as of his Institutes. Vattel's Law of Nations. Byn- fortune. “ The profession of the law," says kershoeck's Questiones Publici Juris. Wic- Mr. Ritso, “is that, of all others, which imquefort's Ambassador. Bynkershoeck de poses the most extensive obligations upon Foro Legatorum. Mackintosh's Discourse. those who have had the confidence to make Wheaton's Ilistory of International Law. choice of it; and, indeed, there is no other Robinson's Admiralty Reports. Cases in path of life in which the unassumed supethe Supreme Court V. S. 'Dunlap's Admi- riority of individual merit is more conspicuralty Practice. ously distinguished according to the respecV. ConstitutIONAL LAW.-Coke's Insti- tive abilities of the parties. The laurels tutes, Part II. Hallam's Constitutional that grow within these precincts are to be llistory. Wynne's Eunomus. De Lolme, gathered with no vulgar hands : they resist with Stephens's Introduction. The Federal- the unhallowed grasp, like the golden branch ist. Rawle on the Constitution. Story on with which the hero of the Eneid threw the Constitution. Baldwin's Constitutional open the adamantine gates that led to ElyViews. Upshur's Brief Enquiry. Calhoun's síum." Works, vol. i. All the Cases on the Subject Sharswood's edition of Blackstone's Comin the S. C. U. S. mentaries, Vol. i., Introd., Sect. I., On VI. Civil Law.-Butler's Horæ Juridicæ. the Study of the Law, p. 37, Phila., Gibbon's History of the Rise and Fall, chap. 1859. meanors. . |