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the mode of using the library, and the other few but essential regulations which have been introduced, as well for the comfort and advancement of the students, as for the convenience of the professor.
The next auxiliary, to which I have alluded, as a means of ultimately establishing my main design, is the organization of a tribunal for the argument of supposed cases, brought before it with a strict regard to all the forms of good pleading, and the rules of evidence, and prosecuted with a rigid attention to all the forms of forensic disputation. This tribunal will have the name of moot court. In this, regular dockets will be opened, adapted to the State Courts, and those of the United States, and fictitious suits will be institued of such a character as to suggest important questions of law, the niceties of pleading, and the forms of practice.'
The following are the terms of the school as given in these proposals :
1. Law Institute. This comprehends office accommodations, use of an extensive Law and Miscellaneous Library, direction of studies, private examinations, occasional private readings, and public lectures, which commence on the first Monday in October of every year, and will be delivered five times a week for at least four months, but to be annually increased until the entire course is completed. Fee (always to remain the same) per annum
$ 100 2. Law Instituie. For those who enter during the period of public lecturing Fee (changes every year) Dow, for the four months,
$ 50 '3. Public Lectures alone, for Law Students. Fee (changes annually) now
$ 30 54. Same. For professional gentlemen and others, (now)
$ 15 (5. Moot Court Fee, unchangeable, 16. Moot Court and Lectures. Fee (now)
$ 40 • The student can under no circumstance be charged more than $ 120, including the moot court, which, however, is optional with the student.'
Law Learning-Memory. In one of the introductory lectures of Professor Hoffman above mentioned, he makes remarks upon the subject of memory, as connected with legal studies, and we quote the passage, though we doubt whether he allows quite sufficient advantages to the faculty of remembering facts and words. We by no means recommend to students or practitioners of the law, to commit the whole of Blackstone's Commentaries to memory, yet we very much question whether students are often found to regret the labor and discipline to which they may have submitted for the cultivation of this faculty. Though the memory may be
cultivated at the expense of the understanding and power of invention, yet neglect of its culture and too great a reliance upon general principles and the classification of our knowledge, are attended with their disadvantages. A tenacious and exact memory is found by every one to be a very desirable facility in aid of his speculations as well as in the despatch of business.
There have been times in which learning was chiefly measured by the mere knowledge, or rather multiplicity of facts, treasured up by the memory. Before the invention of printing, it was extremely difficult, and scarcely possible, to become learned in the science and literature of the age, without a retentive memory. This was considered a faculty admirable in itself, and, in consequence of its utility, was then allowed to hold a more dignified position among the intellectual powers, than modern metaphysicians are willing to grant it. In those days of primitive knowledge, we hear of the most surprising instances of the cultivation of this faculty. We read of Portius Latro, who remembered every word of every oration he ever spoke. We
e are told that Seneca could repeat two thousand words after once hearing them, and strictly preserve their order, though they had no dependence whatever on each other. Demagogues, also, who were desirous to please the people, often knew the names of all their fellow citizens, as Cyrus knew that of every soldier in his numerous army. We likewise read of an ambassador from Pyrrhus to the Romans, who in one day learnt the names of his spectators, and on the following, saluted the Roman senate, and all the assembled populace, each by his name! An incredible story, certainly, unless the crowd were less moved than in our own day, by vulgar curiosity. In more modern times, but prior to the revival of letters in Europe, man who had read a few manuscripts, and committed them to memory, was deemed learned, and regarded as a national treasure. He could travel from place to place, and by repeating from Aristotle, Plato, Homer, Eusebius, or St. Jerome, not only live, but thrive by his learning.
* Knowledge, however, which is deposited in the memory, is not necessarily valuable. Natural, and even acquired memory, are not frequently accompanied by the higber mental endowments; by the power of philosophical arrangement, of analysis, and synthesis ; and we find that the most able and learned philosophers have not relied on this species of knowledge, or on the arduous cultivation of this faculty, as is forcibly illustrated in the history of Bacon, of Voltaire, Franklin, Montaigne, and others, and remarkably, in the case of Sir Isaac Newton, who, of all philosophers, perhaps, thought most deeply, and in an eminent degree possessed the power of arranging his extensive knowledge to useful purposes ; yet, he, according to Doctor Pemberton, was often at a loss, even when conversation turned op his own discoveries and excellent writings.
'A consciousness of his own inventive powers, of his perfect ability again to analyze and arrange, prevented his taking much pains in treasuring in his memory the details of his knowledge. On this subject Dugald Stewart has a pertinent remark. “A man of original genius,” says he, “who is fond of exercising his reasoning powers anew, on most points as they occur to him, and who cannot submit to rehearse the ideas of others, or to repeat by rote the conclusions which he has deduced from previous reflection, often appears to superficial observers to fall below the level of ordinary understandings; while another, destitute both of quickness and invention, is admired for that promptitude in his decisions, which arises from the inferiority of his intellectual abilities.” Who now regards with veneration, the astonishing memory of the Abbé de Longuerue, whose erudition was said to be so vast as to have been called terrible—who spoke all languages, knew all facts of history—had recorded in his memory all the places and times of geography and chronology, and who actually wrote a history of France, purely from memory, and without consulting a single volume! Or, who delights to remember the learning of the Florentine Librarian, Magliabechi, who is said to have read six large rooms full of books ! Both of these prodigies of the erudition of the memory, were however remarkably deficient in the powers of induction, of philosophical analysis, and arrangement, and of all those qualities, which, at the present day, are considered as really valuable, and indicative of mental ability. The Abbé admired an antiquarian commentator on Homer, more than Homer himself, and the learned librarian left, for the benefit of posterity, but one line of his own composition, and that was round a medal of his own likeness, and contained neither sentiment, knowledge, nor wit. Fortunately for the jurisprudent, his attainments do not depend exclusively on a faculty which ranks so low among the intellectual powers; and I cannot but express, on this occasion, my disapprobation of the mode recently recommended by an able lawyer of a neighboring state, who insists, (strange as it may appear) on students actually getting by rote, the whole of Blackstone's Commentaries, and some other elementary works. I would urge you, on the contrary, to study the general and pervading principles of the science. Treasure up its maxims, their meaning, and application. Cultivate it in all its bearings and analogies. Search into its philosophy with care, and be sure that you
understand what you read. Study much, but all with method. Let your inquiries be censorial, as well as expository; and trust to your knowledge of the reasons and grounds of law added to your recollection of the sources of information, rather than to the vain hope of treasuring up its particulars. Should these rules be regarded, the entire science may be open to your view, though
nearly all of its facts be but imperfectly remembered by you. If your mind be deeply imbued with its philosophy, your acquaintance with the paths and sources of knowledge, will soon enable you to obtain, with certainty, the special information you desire.'
European Journals of Jurisprudence. A catalogue has recently been published at Berlin, in 1830, of the titles of all descriptions of periodical journals throughout the world, excepting those of a merely political character, of which latter the number published in each country is also given, but without their titles. The following list of European periodical publications on subjects of jurisprudence, is taken mostly from this catalogue. Our readers will, at first, no doubt, be struck with the circumstance, that France, Germany, and the Netherlands, should furnish such a numerous list of journals of jurisprudence, when, until very recently, Great Britain and the United States had not a single work of the sort, and now have not in the wbole so great a number as is supplied by the city of Berlin. But it is to be remarked that many of the continental journals are substitutes for the British and American law reports. Only a few of them, however, as will be seen from their titles, are confined to the promulgation of the decisions of the courts, the greater part of them being vehicles of disquisitions, historical researches, critical reviews, and general intelligence, on subjects of jurisprudence, notices of legislative proceedings, and biographical memoirs of distinguished jurisconsults. It will readily be imagined that these journals, circulating through all parts of civilized Europe, must have a very powerful influence upon legislation and the judicial administration, raise the standard of excellence in the profession of the law, and liberalize the minds of its members, and direct their views and inquiries beyond the narrow circle of their actual practice and immediate pecuniary interests. Our object in giving this catalogue is not merely to gratisy curiosity, but to give a glimpse of those powerful agents which are diffusing juridical science and intelligence throughout the greater part of the civilized world, and propelling society forward in the improvement of legislation and the administration of the laws.
At Paris is published the Themis, or Library of the Jurisconsult, commenced in 1819, published quarterly, in numbers, making annually a volume of from 550 to 700 pages, of which two numbers of vol. x. for 1829 have reached this country. The present editors are M. Blondeau and M. Pellat, professors of the Faculty of Law of Paris; Messrs. Warnkoenig, Holtius, and Birnbaum, Professors of the University of Louvain in the Netherlands. This work is conducted in a very liberal spirit and with great ability and learning
Annals of Legislation and Jurisprudence. Paris.
Annals of the Tribunals. A collection of the remarkable causes decided in the Courts of Assize in Paris and the Departments, and of interesting proceedings in the Correctional Tribunals, having original jurisdiction, and of decrees relative to Commerce, rendered by the Royal Courts and Civil Tribunals. Paris.
General Annals of Legislation and Commercial Jurisprudence, by Royer and Garnier. Paris.
Library of Commerce and Memorial of Commercial and Maritime Jurisprudence. Bordeaux. By H. Cuson.
The Correspondent of Justices of the Peace, and Journal of Jurisprudence. By a Society of Magistrates and Advocates. Paris.
The Juridical Echo. Paris.
Gazette of the Tribunals, and Journal of Jurisprudence and Forensic Debates. Paris. (This journal is reprinted with additions in the Netherlands.)
Gazette of the Tribunals of Commerce and Journal of Legislation and Commercial Jurisprudence. Paris.
Journal of Ecclesiastical Proceedings appealed against, Petitions, and Reclamations (of chattels let or sold.) Paris.
Journal of the Audiences of the Royal Court of Riom. Riom. By Tailhand and Salveton. Journal of Judicial and Literary Wranglings. Paris.
Journal of the Officers of Justice (answering to bailiffs, &c.) By M. A. Chanveau. Paris.
Journal of Commercial Jurisprudence. By an association of advocates of the Court Royal of Paris. Paris.
Journal of Commercial Jurisprudence, or a Collection of the remarkable decisions in relation to Commerce in the Royal Court, the Tribunal of Commerce of Toulouse, and the other Courts and Tribunals of the Realm, containing the Laws and Ordinances, Decisions, and Rules of Proceedings, relative to Commerce. By Niel. Toulouse.
Journal of Commercial and Maritime Jurisprudence; or a Collection of remarkable Decisions given by the Tribunal of Commerce of Marseilles and the Royal Court of Ais, in relation to Commerce and Maritime Contracts, with a Supplement, in which are reported the principal Decrees and Judgments of the other Courts and Tribunals of the Realm, in relation to the same subjects ; the Laws and Ordinances, the Decrees and Rules of Proceeding relative to Commerce by Sea and Land. By Girod and Clariond. Marseilles.
The Notaries and Advocates' Journal. By an Association of Advocates and Notaries. Paris.
Journal of Justices of the Peace, in pect both to their civil