from its principles, and falling into fanciful notions which in the end may produce at least inconvenient results; nevertheless, I have expressed no wish, because I do not entertain any, to see rash and sudden changes introduced into our jurisprudence. Its improvement must be gradual, as we advance more and more in the knowledge of those general principles on which all sound jurisprudence rests. These must be studied in the common law itself, which abounds with sound doctrines, though not always correctly applied, and in the works of the immortal ancients, and of those eminent modern writers who have followed their foot steps. I need not name Cicero, the authors of the Roman Imperial Digests, Bacon, Puffendorff, Pothier, and many others. The works of the last of these writers were warmly recommended by Sir William Jones to his countrymen, but without success.

Of all systems of jurisprudence the common law is the best adapted for improvement, therefore I rejoice to see it established in this country. It is more malleable, if I may use the expression, than written codes or statutes. In this point of view, it is admirably described by the late Judge Wilson. "The accommodating principle,” says that able and learned jurist,

с

"of a system of common law, will adjust itself "to every grade and species of improvement, "by practice, commerce, observation, study, or "refinement. Willing to avail itself of expe"rience, it receives additional improvement "from every new situation to which it arrives, "and in this manner attains in the progress of "time, higher and higher degrees of perfection " resulting from the accumulated wisdom of ages."* This cannot be said of written law, which must be implicitly obeyed. Hoc quidem perdurum est, sed ita lex scripta est.†

I am not, therefore, of the opinion of those, although there are several among them whom I highly respect, who think that we ought immediately to set about making codes, and to substitute written for unwritten laws. Those gentlemen are not aware, perhaps, that the codes would be formed from the same elements which compose the common law, and would exhibit the same defects, no longer susceptible of the accommodating principle mentioned by Judge Wilson, but possessing all the unbending imperative force of statutory enact

Judge WILSON'S charge to the grand jury, specially summoned for the trial of John Singleterry and Gideon Henfield, delivered on the 22d July, 1793. See Dunlap's Daily Advertiser of the 25th of July of that year, in the Philadelphia City Library.

tf. L. 40. tit. 9. 1, 12. § 1.

ments. It is much better that things should remain as they are until the common law shall by successive improvements have attained its highest degree of perfection; then it will be time to reduce its principal provisions to a text; for the details must always be left to the sound application of the principles of the system, as it is impossible for any legislator to foresee all the cases that may possibly arise. I think, however, that we are sufficiently ripe for a national system of commercial law, and therefore I have ventured to express a hope that Congress will exercise the powers which the Constitution has given them upon that subject.

There is among the members of the legal profession in this country a disposition to extend the bounds of our science, and to improve our jurisprudence by the study of that of other nations, ancient and modern, which has not been sufficiently observed. We have a Law Journal, of which seven volumes have already been published in this city by JOHN E. HALL, Esq. the contents of which bear ample testimony to this fact. Mr. WHEATON, the official reporter of the decisions of the Supreme Court of the United States, has placed at the end of each of the eight volumes that have hitherto appeared of his Reports, an appendix of learn

ed notes, giving comparative views of the laws of different countries on the various subjects which are treated of in the body of the work. We understand that his ninth volume is to contain an epitome of the laws of Spain. A great number of the works of eminent foreign authors, such as Roccus, Bynkershoek, Martens, Schlegel, Pothier, Emerigon, Valin, 'Jacobsen, and others have been translated by our jurists from various languages, and published, some some of them with valuable notes. Two different translations have appeared of the French commercial code, and one of the criminal code, all with copious notes by different authors. Judge COOPER has published Justinian's Institutes, with a translation, and a large body of annotations, in which he ably compares the Roman system of jurisprudence with our own. All these things are hardly known, except by a few, even in this country. They nevertheless shew the inclination of our professional men to cultivate jurisprudence as a philosophical science, and the result may be easily anticipated.

As a farther evidence of this spirit, I must not omit to observe that Law schools, within these two or three years have been increasing in this country in an astonishing degree, and

the most exalted characters do not disdain to fill the professors chairs. In my first Address on the opening of the Law Academy of this city, I had occasion to mention the two professorships in the University of Cambridge in Massachusetts, and the school which had been established at Litchfield in Connecticut by the late Judge REEVES. These were at that time the only institutions of the kind known out of this State. They continue to flourish, the latter under the care of Judge GOULD, successor of Judge REEVES. Since then other similar establishments have arisen, from which the greatest benefits may be expected to our profession and to our science. In the Transylvania University at Lexington, in the State of Kentucky, I am informed that there is a chair of civil law, now or lately filled by Dr. BARRY, and one of common and statute law, under Mr. BLEDSOE. In the University of New York, the Hon. JAMES KENT, who, during so many years, distinguished himself as Chancellor of that State, and whose name and talents are and will be long in veneration among us, fills the lately established chair of Jurisprudence. At Baltimore, Professor HoFFMAN, and at Northampton, in the State of Massachusetts, Judge Howe and Mr. MILLS,