Now, nightly o'er my bed Far, far from the sad plain, The cruel Delia flies- A LECTURE, B. Delivered to the Law Class of William and Mary College, June 17, 1839, being the last of a course of Lectures on the Philosophy of Government and Constitutional Law. By Judge Beverley Tucker.* I know not, gentlemen, whether a desire to recall some of the thoughts presented in the course of lectures which I am about to conclude, is suggested by a sense of duty to you or to myself. It may be due to both. Among you, I flatter myself, there are some whose partial friendship might dispose them to adopt my opinions with too much confidence. These, I am especially bound to guard against any evil consequences of a the other hand, it has been often my duty to present sentiment which so justly deserves my gratitude. On considerations favorable to opinions which my own mind does not decidedly adopt; and in the minds of those who reject them I may stand charged with errors from which I am free. me for the part I once acted toward them. We met last evening at my aunt's, but I did not tell Mervin of his invitation, for I could not bear that Eugene should see my husband. He is already disagreeable enough to me, without needing contrast to render him more so. Gertrude's sweet, placid face, was a mirror of joy, and I think her disposition has improved, for she has overcome that want of decision which used to mark her conduct. I could almost love her now, if Charles did not plague me by holding her up as my model, and by constantly comparing her manners and acts with what he is pleased to call the 'worldliness' of my own. Courtland's health is fast recovering, and the lassitude of suffering, has given a gentler and lovelier style to a beauty that was always spritual. His voice has no longer the strength which once distinguished it, but its low, subdued tones, have gained in melody what they have lost in power. The enthusiasm for his calling lingers still, though he has learned from experience the falseness of the hopes which carried him among strangers, and has found how little can be done even by the most unwearied, unless assisted by many. As I listened to his expressions of holy gratitude, I almost wondered at the humility which, in giving such thanks, forgets the trials and sacrifices that have won him blessings. Courtland asked after Mervin, and I fancied that I read something of pity in Gertrude's look, when she heard the question. But I answered with a smile, and she was too sincere herself to suspect the depth of sadness that gaiety concealed. I left them with a mind more discontented than ever with my self-appointed lot; and when I returned to my splendid but lonely homeIn the progress of these lectures, I have endeavored watched for by no brightening eye-greeted by no tender welcome-I turned from the empty ornaments of to guard against both of these evils. You will rememwealth with a sickened heart and wearied spirit. Iber, that in the outset, I said, that I would not flatter sought my own room-it was adorned with all the lux- you with a promise, that political truths which have uries that gold could buy-but there, also, I was alone; eluded the investigations of the most candid and enand, in bitterness of soul, I deplored a destiny so diffe-lightened of all ages, should be laid open to you. These rent in its gilded vanity, from the peaceful, loving life of words were perhaps understood, at the moment, as the mere common-place of modesty-real or affected. But the missionary's bride!" August, 1839. they had a far deeper meaning. They were uttered under a conviction, which all subsequent investigation and reflection have but confirmed, that researches into the philosophy of government promise, at best, but an approximation to truth; and that, to him whose mind cannot be brought to rest content in doubt, they promise nothing at all. If there be any such among you, he will be sensible that he has derived no benefit from me. The only service I could have rendered such a one, would have been to effect such a change in the temper and disposition of his mind, as to prepare him to enter, an humble and teachable pupil, in the school of experience. If I have failed in this, I have failed in every thing. With such, I fear, I am particularly liable to misconstruction. To such, every suggestion calculated to throw a doubt on any cherished opinion, might seem like the avowal of the opposite opinion. In politics, as in religion, to him whose comfort requires an infallible guide, any doubt of his infallibility seems equivalent to a direct contradiction of all his doctrines. To the bigot, all others are bigots. To doubt, is bigotry. To hesitate-to pause and reflect, is bigotry. All who are not for him, are against him, and he against them. Against this uncandid temper—the parent of so much Published at the request of the Class. J. T. L. Lomax RETURN ENRAPTURED HOURS. Return, enraptur'd hours, When Delia's heart was mine; No jealousy nor care Presided o'er my rest. Since I'm removed from state, At my unhappy fate Let Delia not repine; Crown her with happiness- error, so much faction, strife, contention, and bitterness | in our day, have penetrated so deeply into all the mysof heart-my labors have been particularly directed. Itteries of Nature. With this honor in prospect, the is a temper that can serve no purpose but to make him philosopher addresses himself to his task as one who who cherishes it the ready instrument of party, the easy seeks for hidden treasure. If he fails, he can but die tool of any who will repeat his creed, and tickle his ear and be forgotten. But if he succeeds, he secures for with the plausible formulas which he habitually receives himself a name among the benefactors of mankind. as compends of political truth. At the same time he is Far different is the lot of him who devotes himself ready to denounce all who will not repeat this creed to the investigation of political science. That which is and these formulas. Hence, men distinguished for that immortality to others may be death to him. He fol thoughtful sobriety of understanding which reflects lows after truth, as one who tracks an enemy that may patiently and judges wisely, can have no place in his turn and destroy him. He will do more to advance his confidence. He has reduced the science of government fame by devising specious sophisms in defence of vulto a system of maxims, and the man who hesitates to gar errors, than by the discovery of a new truth, which, adopt any one of them, is set down in his mind as de- being new, must clash with opinions consecrated by voted to another system, the opposite of his in all things. prejudice, and sanctioned by the authority of numbers. Thus it is, that the discreet and conscientious are condemned by bigots and system makers of all parties; and thus it is, that the affairs of nations are given up to the blundering misrule of the rash and unscrupulous, while the men most competent to manage them are condemned to inaction and obscurity. Belonging to no party, they are charged with the sins and errors of all parties. Having the wisdom to perceive that they do not know every thing, they are set down by the confi-healthy condition of every community, the beau ideal of a dent and presumptuous as knowing nothing. This is no enviable lot; yet I frankly confess to you, that the aim of all my instructions has been to dispose and qualify you to take your place among these. These are, after all, the salt of the earth. Were such men more common, mutual support might ensure them more respect, and their numbers might give them consequence and authority. To increase their number would be to render the state the most important service. Something like this is the object I have had in view. But you will see, gentlemen, that it is at your expense that I have proposed to accomplish it. I have sought to enlist you in a forlorn hope, where you may have to sacrifice every thing in a strenuous effort to serve your country, it may be, in spite of herself. But I have not sought to beguile you into a service so desperate. I have offered neither pay nor bounty; neither the emoluments of office, nor the applause of your contemporaries. I have not taught you to hope the countenance of any party, nor the favor of any leader. I have told you, as I tell you now, the naked and unvarnished truth, and admonished you in the outset, that if you wish to win your way to power and distinction by the arts of the demagogue and partisan, you should avoid this place. I have been aware, that in a system of instruction adapted to these ideas, there can be nothing to make it popular. This, too, I have already told you. But it is not my business to study popularity, but truth. I am fully aware, that by him who is eager after knowledge, rash confidence is preferred as a guide before sober doubt; that to most men specious error is far more palatable than unseemly truth; and that the safest opinions are those which are most current. Here, gentlemen, is one of the inconveniences that attends the study of political science. In physics, in mathematics, and even in morals, investigation is stimulated and encouraged by the honors which await him who discovers a new truth, or detects an established error. Such are the foundations of that fame which renders immortal the names of Bacon and Newton, and promises the same reward to the men whose researches, Thus it is, that each country has its own political creed, which no man dares assail. So true is this, that, turn where you will, you will find the prevalent opinion of every people, favorable, in the main, to their own institutions. Abuses may indeed be perceived; but, for the most part, radical defects are mistaken for abuses. The spirit of revolution, too, sometimes suggests innovation and change; but, in the calm and perfect government seems to each something not widely different from its own. The authority of numbers is no evidence that any of these is right; for, numbers decide one way in a republic, and another way in a monar chy. Precisely thus, at this moment, do the most en lightened men of the two most enlightened countries in the world differ from each other. Yet in each the authority of numbers supervises the researches of the political philosopher; and the love of fame, which is the incentive to all other investigations, does but awa ken a more lively dread of the scourge with which pab lic opinion stands prepared to punish the unlucky discoverer of any unpalatable truth. You will see, gentlemen, that if, like most men, I have a zeal for my art, I take a poor way to recommend it. It might, perhaps, be thought that the ideas I have just suggested, are at the bottom of the doubting and undecided character of almost every thing that I have said to you. But though it may seem safer to doubt than to err, yet this idea is often deceptive. Error may be coǝfdemned; and truth may pass for error. But he who teaches either, will not stand alone. He will always have some to concur with and countenance him. But he who doubts has all the world against him. He is at the centre of the magnetic card, and there is no point of the compass from which he does not appear to be at the opposite edge of the horizon. He will not even obtain the praise of candor. To question the perfec tion of the institutions of his own country, is, at home, supposed to indicate a secret preference for a govern ment as different as possible: while abroad, he is regarded in every nation, as having a glimmering percep tion of the excellence of the institutions of that parti cular nation, without daring to avow it. You see, then, gentlemen, that the temper of mind which I have endeavored to inspire, is, of all, the most unfavorable to popularity and advancement. But the end is not yet. We do not live for ourselves, nor even for our contemporaries alone. "Diis immortalibus sere,” was the noble saying of the aged Roman, as his gray hairs fell over the plough, while putting in a crop which he could not live to reap. Our country is not a thing | restraints, it is power in its most formidable aspect. of a day: and fame is immortal. And remember, gen- Opinion restrains the abuse of power in an individual; tlemen, that they whose speculations on government but power in multitudes, makes for itself what is easily have purchased for them an interest in that immortal mistaken for the opinion of the world. There is nothing thing, are they whose respect for the opinions of their so ruthless, nothing so dead, alike to conscience and to countrymen, did not deter them from correcting their shame, as a licentious crowd unrestrained by authority. errors and rebuking their prejudices. To those who When we come, then, to inquire how far the present may be disposed to accompany me in the study of poli- enjoyment of liberty may consist with those conventical science in this spirit, I am bound, in candor, to say, tional and self imposed limitations on the right of self in the words of the Apostle, that "if in this life only government, which may be necessary to its preservawe have hope, we are, of all men, the most miserable." tion, we enter on a task which any man may well tremOur doubts, if unreasonable, will only excite contempt;ble to undertake. To him who would dogmatize here, if well founded they will provoke the resentment of the adjustment of the balance between those powers, those whose rashness and errors they rebuke. How contending yet harmonious, on which the order of the many venture into public service, with no qualification, planetary system depends, would seem an easy prosave only a presumptuous ignorance, unconscious of blem. The countless worlds, revolving, each in its apthose mysteries in the science of government, which pointed path, implicitly obey the law impressed on them the wisest explore in vain! Deprive such men of their at creation. Not so the moral universe, the world of ill-founded confidence, by opening their eyes to see the will and passion. With these the Omnipotent himself difficulties and dangers that beset the statesman's path, | must parley; tolerating much present evil for the sake and you leave them nothing. And how can we hope of ultimate and greater good; yielding that he may the forgiveness of such, who deeming themselves wise, conquer. When we say, that no man can confidently are awakened from their delusion, but to find that they decide how far a people jealous of the right of self go"are poor, and miserable, and blind, and naked?" No-vernment should voluntarily limit its exercise, we do thing, in short, can be more unthankful than the task of him who would couch the eyes of such, as, being blind, yet fancy that they see. but affirm that human institutions are subject to the necessity inhering in the nature of things, which is one of the conditions of the moral government of the uniI have not meant to intimate, gentlemen, that every verse. Step forth, philosopher! you who have discopart of political science is alike involved in mystery and vered the great arcanum!-you who have ascertained paradox. I have had no difficulty in teaching you, that how best to reconcile the present enjoyment of happithe great principles which lie at the foundations of all ness with its perpetuity; the present exercise of freefree institutions, are unquestionably true. The primi-dom with security against its tendencies to self destructive equality of man, and the right of each individual tion!-step forth, and read a lesson to the Most High! to live exempt from all human authority, to which he He shall hear you gladly! He shall descend from the has not consented to submit, either by express com- throne of his power, and, taking the place of the learner, pact, or by legitimate and fair implication, cannot be shall meekly seat himself at your feet! For my part, taught more unequivocally by any than they have been while I see the nature of all earthly blessings; while I by myself. mark their liability to perish in the using; while I witBut, when we trace this primitive equality to the ine-ness the hard servitude of those who yield themselves qualities which grow out of it, and furnish the measure of its value-when we begin to inquire, on the one hand, how far regulations in derogation and curtailment of these adscititious advantages, can be reconciled to the respect due to that principle of original equality out of which they grow, and, on the other, how far the ulterior preservation of essential equality may be endangered by the unqualified allowance of these advantages, we enter on questions full of difficulty and doubt. So, too, of the right of self government. This I have affirmed; and I go farther, and affirm also, man's capacity for self government. But do I affirm this of all men-every where-under all conditions-and in all circumstances? Assuredly no! It is not true of the ignorant, the vicious, the licentious, the self indulgent. It is not true of any who are not willing to take security against themselves, by self imposed restraints on will and appetite. The man who affirms of himself, that he is capable of regulating his own conduct, and who, therefore, refuses to acknowledge the authority of any moral code, gives proof against himself of the falsehood of his pretensions. We know this to be true of individuals; and it is yet more fearfully true of men in great masses. It has been aptly said, that freedom in multitudes is power; and in multitudes not under the regulated discipline of fixed principles and self imposed VOL. V.-75 to the dominion of passion, I shall believe that none are "He is a freeman whom the truth makes free;" thing. Beyond this all is darkness. On the unsearch-because on the clear and distinct recognition of these able mystery which lies buried in the depths of that depends the preservation of our cherished Union. So impenetrable abyss of night, we can but muse and mar-long as the federal government is professedly a govern vel at the presumption which pretends to have fathomed it. But while the pride of human wisdom stands thus rebuked, we find consolation in the thought, that the truth which thus baffles our researches, is of the number of "the hidden things that belong to God." To him we leave it. ment of opinion, opinion will uphold it. But, let it claim to rule by force, and the question will presently arise, whether a free people can be governed by force. The answer to that question will be written in characters of blood; and that answer, whatever it may be, must be fatal to union. The decision, thus made, must be followed by a violent disruption of the bond, and a separation of the inhabitants of this continent into a microcosm of petty states, weak factions and contemp tible, or by the all pervading sway of one vast frightful consolidated despotism. Of the truth, then, or the value of the fundamental principles common to all free governments, and of those which are peculiar to our own, I would not have you cacy to these, I must be content to leave you to the teachings of that school of observation and experience, into which you will pass from this. There it is, gentlemen, that honors are to be conferred, which a gene But it is not alone of the great fundamental principles common to all free institutions, that I have ventured to speak with confidence. In the application of these principles to our own institutions, we have the aid of lights sufficiently clear to guide us to certain conclusions. Thus, when we affirm, "that man has a right to live exempt from all human authority, to which he has not consented to submit, either by express compact, or by legitimate and fair implication," we perceive the neces-doubt. But for the means of giving security and eff sity of showing the evidences of that consent, in virtue of which we ourselves are governed. Here we speak from the record, and we speak boldly. We find the charter which, more than two hundred years ago, constituted Virginia a body politic. We find the unani-rous ambition well may covet. Of these, the parchment mous declaration of all the members of that body, solemnly proclaimed, sixty-three years ago," that all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them; and that, when government shall be found inadequate to their happiness and safety, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the common weal." and the wax which you receive at our hands, are but the types; and, trust me, that your success in winning these higher honors, depends much less on what you may have learned here, than on your disposition to im prove the lessons to be taught hereafter. Hence, I have rather studied to establish this disposition in your minds, than to implant there even those most cherished opinions, which can never be eradicated from my own. By a different course, I might but have led you to con clusions in which you might rest satisfied, forgetful of These propositions, thus affirmed by all whom it con- the arguments by which they had been deduced. You cerned, are true, because they have affirmed them, if would thus only add yourselves to the number of those for no other reason. They form the basis of the com- whose mouths are full of dogmas unsupported by rea pact which they prefaced, and afford a clew to its inter- son, who, knowing nothing, claim to know every thing, pretation. Guided by this, we arrive at the conclusion, and render their ignorance more conspicuous, disgust that sovereignty, whether sleeping or awake, whether ing and offensive, by misapplied presumption. Where active or in repose, is in the people: that sovereignty certainty is attainable, it may be criminal to doubt. In cannot, therefore, be rightfully predicated of any go- matters of high moral or political duty, it is always so vernment; and that where there is no people, there is But on questions in which mere expediency is an imno sovereignty. portant condition, experience is the only teacher. If I Proceeding on these principles to analyse the struc-have at any time forestalled the lessons of that faithful ture of that great federal compact, which is the talisman of security, power, prosperity, and happiness to the people of these states, I have shown you the recorded evidence of its binding authority over you. I have laid before you the solemn act of Virginia, declaring "her assent and ratification of that instrument," and her mandate announcing to all whom it might concern that it is binding upon her people. I have thus endeavored to impress on your minds the conviction, that in giving your respect to the functionaries, and your obedience to the laws of the central government thereby established, you do but obey her; that you do this, because she has commanded it, and by no other authority; and that, should she ever think proper to revoke this mandate, her will, in that too, must be law to you. I have not presented those propositions as undisputed; but I have affirmed, that so long as we look to the record which alone witnesses of the obligation of the federal constitution; so long as we abide by the law and the testimony, they can never be rightfully or truly denied. I have urged these thoughts the more strenuously, and candid instructor, I have done you wrong; and I beseech you, in justice to yourselves, and to me, to en deavor to divest your minds of all impressions, which you do not feel yourselves prepared to vindicate by reason. I should promise myself more honor from a pupil, who, dissenting from me, should be always found ready to give a reason for his faith, than from a hundred who might answer, by the book, every question in a political catechism of my own framing, giving no reason and no authority but mine for his answers. My business has been to teach you to observe; to compare; to think ;—and he who, applying my lessons, arrives at results different from my own, will do me credit with the wise and candid, even in exposing my errors. But I have proposed to myself a higher honor. When, instead of announcing an opinion, and enforcing it by argument, I lay before you the considerations that be long to both sides of any disputed question, or furnish your minds with thoughts and reflections susceptible of being variously applied by yourselves in the investiga tion of more than one truth, I establish for myself a would admit of no other apology. claim to some part of the credit of all you may discover | of the truth. Why then, should I have introduced into or achieve. Not having been encouraged to sit down the discussion an element which might have influenced contented in a conclusion hastily adopted, you must you to adopt my views without a well founded convicremember the arguments for and against it, or you re- tion of their correctness, or to reject them, alike withmember nothing. Not having made up your minds how out reason? On the other hand, how uncandid and unto decide a question, you cannot cheat yourselves into worthy of the relation I bear to you, to take advantage the belief that you understand it. So long as it remains of my position for the purpose of infecting you with a subject of doubt with you, so long will you continue my partialities or dislikings. If, at any time, I have to meditate and reflect, and memory will tenaciously fallen into this error, gentlemen, I beg you, in considercling to every consideration, which, when first presentation of my inadvertence, to pardon a lapse which ed, seemed to throw light upon the subject. Your opinions thus formed, will be your own; yet, while you enjoy the pleasure of having arrived at truth by your own researches, you will perhaps be ready to attribute your success in part to me. But though I may deceive myself in this, of one thing I am sure; that whenever experience may, at any time, convince you of the error of opinions too hastily adopted, you will at least exempt me from any part of the blame of that error. You see then, gentlemen, how large an interest I have in dealing candidly, fairly and impartially with you. So far from wishing to charge your minds with my opinions, it has not been without painful misgivings that I have sometimes discharged the duty of leading you to conviction, in cases where it might be criminal to doubt. The idea that such convictions may, at any time, be prejudicial to your advancement or your usefulness in life, is one which I cannot contemplate with out anxiety. Should this apprehension be realized, you will be too generous to blame me; but I shall find it hard not to blame myself. Yet even in that event, we shall both enjoy high consolations. The perception of truth is sweet: the love of truth is ennobling; and an uncalculating devotion to truth is honorable even in the eyes of its enemies. Sometimes, indeed, it has been my duty to express myself in a way, which, to the uncandid, might have savored of a wish to insinuate into your minds something of my own feelings of liking or aversion. "History," it has been said, "is philosophy teaching by example :" and he must be illy qualified to direct your researches after truth, who should reject the lessons of this sage instructor. From these, indeed, we learn all that can be known. Here it is, that we discover the connexion between events and their causes, and here we learn that lesson, so humbling to the presumption of the mere theorist, which I have so often labored to illustrate and enforce. I allude to the tendency of moral causes, in their ill-regulated action on the minds of men, to provoke reaction, and thus to produce results exactly the reverse of those intended or expected. Here, too, it is that we learn to contrast the profession of the aspirant, with the practice of successful ambition. As the experienced seaman augurs the storm from the slumbering calm that precedes it, and, in the cloud on the horizon, "no bigger than a man's hand," detects the tempest that may whelm him in the deep, so he who reads the future in the past history of man, is sometimes enabled to discover the approach of danger at the moment when the watchman on the wall is crying "peace, and all is well." In these thoughts you may perceive the reason, gentlemen, why I have carefully avoided any remarks which“ might influence your inclinations in favor of any of those party leaders who claim to monopolize the confidence of the people. I presume it cannot be unknown to you, that I am not remarkable for indifference to the political occurrences of the day. I am aware too, that I am unfortunately, supposed to be much addicted to personal predilections in favor of distinguished men. In this particular I need not, at this day, tell you that I have been misunderstood. Such predilections I do not feel. Nullius jurare in verba, is the cardinal maxim which I learned in early life, from the only politician who ever possessed my entire confidence. But though not only unpledged, but indisposed to follow any political leader, I am certainly not without my aversions and antipathies. With these, however, it was no part of my business to infect you. I have certainly not endeavored to do so; and hence it has always been with reluctance, that I have touched on topics connected with the characters and public history of political aspirants. You may, one of these days, be surprised to discover, that I have, in some instances, been careful not to advert to transactions which came directly within the scope of my remarks, on subjects of the most absorbing interest. But it would not have been just to you, to have invited or provoked the cooperation or resistance of any political prejudice which you might have already entertained. My business was, to lay my thoughts before you, and by fair and candid arguments to lead you into the light But, where shall we look for those facts which furnish this precious wisdom? Shall we find them in the fabulous legends of remote antiquity? Shall we seek them in histories more modern, perhaps more authentic, but which may mislead us, because we know not enough of the manners, habits and circumstances of ancient states, to determine all the conditions that may have influenced in the production of any result? Coming down to modern times, shall we take all our examples from the nations of Europe and Asia, at the hazard of being misled in the same way? In short, gentlemen, when, at any time, the history of our own country-the history of events happening in our own time, and under our own eyes, in which all that is done is the work of men whom we personally know and understand in all their relations-when this sure, authentic and ungarbled evidence discloses facts of which the political philosopher in other lands would be glad to avail himself, shall we alone be denied the advantage of it? We may speak of Miltiades and Camillus, of Pericles and Cæsar, of Alcibiades and Catiline--we come down to Elizabeth and Henry the 4th, to Cromwell and Bonaparte, to Chatham and Sully-we may even cite the example of WASHINGTON, consecrated to the use of all the world by liberty and virtue-and we may speak of Arnold and of Burr, whom the hangman, Infamy, has delivered up for dissection: But must we necessarily stop there? If, at any time, the best means of explaining and illustrating an impor |