well known that Chancellor d'Aguesseau was accustomed, after the fatigues incident to his official duties, to seek relief by a change of studies; and that he found it even in mathematical works. A friend having expressed surprise at this, which he conceived to be adding to his exhaustion; 'No,' replied the chancellor, ‘a change of study has ever been to me a relaxation.'* Nor need our students be alarmed at the apparent magnitude of the studies recommended under the head of Auxiliaries. They are, in truth, very inconsiderable, when compared with those pursued by many who have attained great eminence in the law. Need we refer to Bacon, to Hale, to Fearne, to Butler, and to many others equally known in the history of English Jurisprudence? D'Aguesseau was himself an eminent instance. He was a profound lawyer, a successful legislator, a voluminous writer, and an indefatigable judge; and yet was well versed in mathematics; a master of his own language; of the Latin, Greek, Hebrew, Italian, Spanish, Portuguese, and English languages; and also a polite scholar in nearly every branch of the arts, and even of the exact sciences. In the midst of all these studies and various occupations, it is further related of him, that time never failed him during the course of a long life, but he was enabled daily to read a portion of the Holy Scriptures:—and yet, even this illustrious man falls behind some who might be named as monuments of learning, of industry, and of the art of economizing the fragments of time. Study, like idleness, may become an inveterate habit; and if a life be fully occupied, the result seems to surprise us, in the same way as we contemplate almost with incredulity, the augmentation of a unit through a comparatively small geometrical series. To the light and careless, but still ambitious student, an extensive library, or the massive writings of an individual, or the numerous occupations of a statesman, on whom repose, perhaps, the destinies of a nation, are objects of deep and unfeigned surprise, often accompanied with pain and despon

* Butler's Life of D'Aguesseau, p. 46, vide also ante Note 21, p. 558.

dency. But to the zealous and methodical student, all things seem possible. The industry of a Magliabechi, or of an Abbé de Longuerue; the genius and learning of a Leibnitz, a Bacon, or a Newton, are to him but incentives; and though he sees them at an immeasurable distance before him, he still knows there are many intermediate stages of great excellence and of lasting honour, which are certainly attainable. There is a class of students, however, whose industry and zeal seem to be principally excited and sustained, by the hope of those direct emoluments which flow from the exercise of a profession; and who are therefore too apt to limit their researches to what they manifestly perceive are of mere practical utility. There is danger in this. Professional excellence of the highest order may not be hoped for by those who encourage such narrow and sordid impulses; the science should be loved for its own sake; study should carry with it the pleasures which intrinsically belong to it; and every student, in contemplating his books, must look on them as his most constant, and disinterested friends. Hi sunt magistri qui nos instruunt sine vergis et ferula, sine verbis et colera, sine pane et pecunia. Si accedis non dormiunt; si inquiris non se abscondunt; non remurmurant si oberres; cachinnos si ignores."

It should be the desire of every law student that his friend can with truth say of him, 'Eum vidi in Bibliotheca sedentem, multis circumfusum LIBRIS. Est enim, ut sis, in eo INEXHAUSTA AVIDITAS legendi, nec satiari potest.†

(Note 2.) The political writings of Thomas Paine belong to the history of our country, at its most interesting period. Eminently endowed with intellectual force, and possibly, with virtue, at the time he rendered such valuable services to the cause of American independence; we have only to deplore his subsequent loss of mind and of morals, when he drank in all that was infamous and wicked in the demoniac philosophy of

* Richard of Bury.

Sed vide Cicero De Finib.-lib. iii. sec. 2.

the early revolutionists of France; and became as remarkable for his crusade against religion, as he had been in his noble exertions in the cause of freedom.

DIVISION II.

'Maximus vero studiorum fructus est, et velut præmium quoddam amplissimum longi laboris, extempore dicendi facultas: quam qui non erit consecutus, mea quidem sententia civilibus officiis renunciabit, et solam scribendi facultatem potius ad alia opera convertet.'-Quint. De Orat. Lib. x. Cap. vii.

'With what importance does the young orator appear to the multitude! in the courts of judicature, with what veneration! When he rises to speak, the audience is hushed in mute attention; every eye is fixed on him alone; the crowd presses round him; he is master of their passions; they are swayed, impelled, directed, as he thinks proper. These are the fruits of Eloquence, well known to all, and palpable to every common observer.'-De Causis Corruptæ Eloquentiæ, sec. vi. [Murphy's translation.]

FORENSIC ELOQUENCE AND ORATORY.

1. Blair's Lectures on Rhetoric and BellesLettres. [A careful revision of the following Lectures, xxv. xxvi. xxvii. xxviii. xxxi. xxxii. xxxiii. xxxiv.*]

2. Hume's Essays, vol. i. Essay xiii. 'Of Eloquence.'

3. On the Eloquence of the Bar. [Read 2 vol. Rollin's Belles-Lettres.]

4. Quinctilian's Institutes of the Orator. [Patsall's Translation.] (Note 2.)

5. Cicero De Oratore.

(Note 3.)

[Guthrie's Translation.]

[We recommend a revision of these lectures of Dr. Blair, as we presume that every student of law has previously read the work, if it did not form a part of his colJegiate course. These lectures will serve as a suitable introduction to the study, into which the student is now about to enter; and which, in common with the other Auxiliary Divisions of our Course, may also occasionally occupy such portions of his hours, as can be judiciously separated from those sacredly dedicated to his regular legal studies, always subject, however to the restrictions contained in our Introduction. Vide ante p. 38, &c.]

6. Dialogue concerning Oratory, or the causes of Corrupt Eloquence. [Vide Murphy's Translation of the works of Tacitus.] (Note 4.)

E. e. 7. Aristotle's Rhetoric. [Dr. Gillies' Translation, London, 1823.] (Note 5.)

e. 8. Campbell's Philosophy of Rhetoric. (Note 6.) E. e. 9. Principles of Eloquence, adapted to the Pulpit and Bar, by the Abbé Maury.

E. e. 10. Lawson's Lectures on Oratory.

11.

Dr. Whatley's Elements of Rhetoric. [From

the 3d English edit. Cambridge, Mass. 1832.] E. e. 12. The Orations of Lysias and Isocrates. [Gillies'

Translation.]

e. 13. The Orations of Demosthenes.

Translation.]

[Leland's

e. 14. The Orations of Cicero. [Select Orations translated by Guthrie; and those against Verres, translated by White.]

E. e. 15. Chapman's Specimens of Forensic Eloquence. [And Campbell's Continuation.]

16. Lord Erskine's Speeches. [American edition in two volumes.]

E. e. 17. Curran's Speeches.

e. 18. Webster's Speeches and Forensic Arguments. (Note 7.)

19. Introduction to Webster's American Dic

tionary.

20. Pickering's Vocabulary of Americanisms, with an Essay on the present state of the English language in the United States. [An extremely valuable work which ought to be in the hands of every student in the country.]

VISION.

NOTES ON THE SECOND DIVISION.

(Note 1.) ON THE ELOQUENCE OF THE BAR.-Under this head we have mentioned the most popular and useful works on rhetoric, &c. and some of the best collections of speeches.

The student scarce needs to be reminded by any remarks of ours, of the importance of this branch of his legal accomplishments; and for instruction in the arts of rhetoric, and for models of oratory, we refer him to the works we have selected.

The only general maxim which can be proposed to him who is emulous of a clear, correct, and felicitous elocution, is to render himself familiar with the best models of English style, both in prose and verse. Though the eloquence of the bar is comparatively severe and unornate, and the advocate seldom has occasion for poetical imagery, he may often require that comprehension of expression peculiar to the poet; and though his topics are for the most part technical, they may occasionally derive illustration from all the varieties of literature.

Nothing is so often wearisome to the auditors of the advocate, as the long citations he is under the necessity of making from legal authorities, except it be the drawling and careless manner in which they are read. The reading of an authority, if not the signal for inattention, especially to juries, is at least a forewarning of fatigue. Policy, therefore, might dictate more attention to this matter. Lord Mansfield, it is said, possessed the art, by the agreeableness of his reading, to render even a statute interesting.

The speeches of lord Erskine are perhaps the best models of bar eloquence we possess: equally remote from calm frigidity, and frothy declamation, they appear to us to form a very happy combination of that good sense which is the strong feature of English literature, and that powerful enthusiasm in which it is perhaps deficient. Even in his boldest flights there is a controlling propriety, which disposes us to believe that he has rather constrained than exaggerated his feelings, and which, it