't>iii 'at'^V ¥: 'Ami (Sorn^U Slauj i^rljnnl ICibrary KF 292.P4525 mV '"'''^ ""'iSUAHS^mlXSnia -.the 3 1924 024 523 791 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024523791 University of Pennsylvania THE PROCEEDINGS AT THE DEDICATION OF THE NEW BUILDING OF THE DEPARTMENT OF LAW February 21st and 22nd 1900 COMPILED BY GEORGE ERASMU^ NITZS CjHE At the Request of the Faculty of the Department of Law PHILADELPHIA 1901 Copyright, 1901, By University of Pennsylvania. The edition of this book is limited to 550 copies^ of which this is No. ...C.P..!^... PRKSS Of XNTfnUfAXlONAX. PRINTING CO. 801 ojaiGSTi^ua: si. CONTENTS. I. Report of Proceedings ^ . i II. Dedication of New Building of the Law Department ... 3 (a) Prayer by Bishop Whitaker 3 (6) Address of Provost Harrison 5 (c) Address of Mr. Samuel Dickson 8 (d) Address of Mr. William Draper Lewis 17 (e) Address of Mr. James Barr Ames 25 III. Meeting at Academy of Music 45 (a) Address of Hon. John M. Harlan 45 (6) Address of Sir Charles Arthur Roe 72 IV. Reception at University Club ; . . 86 V. "University Day" Exercises 87 (a) Conferring of Honorary Degrees in University Council 88 (6) Reading of Credentials of Representatives of Oxford and Cambridge 88 (c) Reading of Letter of Frederic William Maitland . . 89 (li) Introductory ASdress of Provost Harrison 93 (e) Address of Mr. Wu Ting-Fang 97 VI. Reception by the Historical Society of Pennsylvania . . no VII. Inspection of University Grounds and Buildings .... no VIII. Reception by the Pennsylvania Debating Union no IX. Dedicationof Price Hall no (rt) Introductory Remarks of Provost Harrison .... no (d) Address of Mr. Hampton L. Carson n i (~ <>* K .^j ■^ -^ '^ ■^ N > -5 ^ ("^ ^ S^ >> -S • S ■■a ^ i' ~> ~5 -<^ q ft; ^ :^ "^ •«^ •^ •1^ * ■^^ 1 ^ ^ ?: ':;) 55 ^ "^ •"&. '^^ s^ ^ ;-i 5 '^ ■<^ ■>s C3 "^i. Letter of Frederic William Maitland. 89 The foUowiag letter from Frederic William Maitland, LL.D., Downing Pro- fessor of the Laws of England in the University of Cambridge, was also read : iJea/i Stk , ^ atn f/^d tt ie^n It tit ^^ l^' e^tm^j 'f U h 4e ^ t^fi^^^t^iue ^ci ^'^-^ ^'^ ^' "'^ you cU'J. Me ^e L'ji ii^cKA *j i^it^it t^£ i'" '^ ^,^a..e fti^ ^ ^'-^ ^'^ '^^^ ^' M'Ue^. void if U /Aid fKa.t euA /**"M«H Ldmr A/e, Ca//U^ 90 Letter of Frederic William Maitland. CaJ.eU.(e J -v^tUa iBbuijit And ^ kJci ^ tca.ckt^j CL} u/tAe ftoje <^/ 'Z lioMOM. e^ft/idii ^'^ ^"^^ ^enet, ^ ^owi^K /.^ntcffj /?«/ -"r/t kme /^uU^y jUu out a, -y Letter of Frederic William Maitland. 91 /,,, . f^ ^ ^Mc/.. /-' -'^ ^-^ '-^ ^' let M ,u ^//^ kc b'ci'^ "/ ^ r"^ 92 Letter of Frederic William Maitland. jin-u't/t i^ ■ Sed won CuUff Qujid. fill*, t/ije,t hi ii^ticLdt fi'^ 'U cUlL-i-^t Afjdtrnnt^ A'^e.^-^^"^ f. li_ HtudiucL- Address of Charles C. Harrison. 93 Provost Harrison, introducing the orator of the day, His Excellency, Wu TiNG-FANG, Envoy Extraordinary and Minister Plenipotentiary from China to the United States, then spoke as follows : The University of Pennsylvania has now conferred its highest honorary degree upon learned and distin- guished representatives of many nations, differing in their customs, their manners, their arts and modes of life, in their jurisprudence and in their religions. Nations in in- fancy and in age ; Saxon, Latin, Mongolian and our com- posite American ; living under the civil and the common law ; accepting the teachings of Confucius and Mencius and the Holy Scriptures of Christians. The oldest has come to meet with the youngest at the University gates — our open doors — with that sympa- thy of love of country and love of learning which may give expression to mutual respect, and to a prayer for peace to men, of good will, upon this University Day of ours — the birthday of Washington. Upon the men of our own kin, upon those whom Ox- ford and Cambridge have sent across the sea — upon those ancient universities and all they represent — we have placed the red and blue ribbon, our own symbol — in token of a fellowship which we believe must last as the three univer- sities themselves shall last. If the imperial German unity which now exists is the fruit of a unity of German thought, created by her university scholars, we, here and in our mother country, may have greater motive to greater effort in our universities for like concord of educated men. To them and their sons and their influence are due all that make a nation free — the enfranchisement of the people, the promotion of elementary education, the reform of prisons, the abolition of slavery. To England, to Oxford and Cambridge, we return to-day our measure full of academic and loyal tribute. The millennium of her great King Alfred, at the royal city of Winchester, will not be forgotten by us of this University. 94 Address of Charles C. Harrison. To the President of the Republic of Mexico, repre- sented in the person of his Ambassador, the University has given its highest honorary degree for the pubHc ser- vice he has rendered during many years to his own coun- try, and, in consequence, to the family of nations. Under that firm hand, learning has been fostered, public and private enterprises encouraged, order maintained where disorder ruled ; a nation growing daily in public respect ; science and letters and industry pursuing their ways in paths of peace, because thought and opinion have been released from the fetters of many generations. Younger than we in such a national history, Mexico has a past whose records refuse to be interpreted, and an ancient architecture, the wonder and despair of the present. And what shall I say of our own countrymen ? We have sought to honor them for the things which they have done. The scales of justice have been held with no unsteady hand ; luminous and lustrous has been the ad- ministration of the law, and patient and calm the confi- dence of the people in its wisdom. " Justice is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happi- ness and the improvement and progress of our race." So Webster said. To no less claim of merit has the teacher of its science and art his rightful due, than the judicial interpre- ter of the law. While we may claim the earliest effort and purpose, another university, the senior amidst us all in these United States, has the honor of being the first to establish a continuing School of Law. And that school has had two heads, so renowned for their success in pur- pose and administration that England comes to Harvard University for guidance in the teaching of the law. That school has been the Mecca of students of the law, the fruitful mother of bench and bar, imposing new standards Address of Charles C. Harrison. 9S upon those for which there were now nor time nor place. The elder Dean had been already remembered well by his own University after his years of service. The younger Dean we have welcomed here to-day, in recognition of his undying work — and we trust to welcome him in the future, as the two schools shall draw like two magnets, with increasing force of merit. In proper recognition of the influence so well known and so well received at the Ottoman Court, we have been glad to-day to welcome, quick upon his return to his native shores, the Minister of the United States at Constantino- ple. So clear in his office has he been, and so accept- able in his ways, that other nations have not hesitated to ask for the influence his intellect and personality had won. And we, too, but return in tardy fashion a debt of recog- nition, for we have never failed a friend at all times dur- ing the years of this University's great work between the Tigris and the Euphrates. Your Excellency, we welcome you not only as the orator of the day, but as illustrative of the highest de- velopment of Oriental civilization, come in peaceful re- lations, through many years, with the influence of the best culture which Europe and America may offer. What an apt occasion for comparison and reflection ! We call our city venerable, and our University venerable, at whose bidding so many have come to-day. It was yesterday that we dedicated a noble university building to a noble science. It is but as of yesterday that Washing- ton here received his honorary degree, and here dedicated in its simpler home the teaching of the law by James Wilson. A score of years back of the birthday of the senior living trustee of this University spans that whole bridge of time. But a few years more remote and the place where this great city stands was a town site. No one lived north or west of the " Old Building" at Fourth and Arch streets, whose convenience might be regarded, so that the clock to have been established in the frame 96 Address of Charles C. Harrison. tower was to have had but two dials — to south and east. China has lived her 4,000 years, patient, pastoral, im- mobile ; seeking, hitherto, no answer to the question. Who is my neighbor ; wishing, indeed, until now, not to be asked that question. The United States, restless, inquisi- tive, impatient, progressive, achieving results in a century at which the observer marvels, but of which ourselves take not the time to think, seeks admission to the Celes- tial Kingdom, and " Upon the very border stand Of that fair promised land." We know that our rigorous laws, severely interpreted, give us slight cause for favor or friendship. But we have asked you to address us, at this University, with the hope of instruction as to ways in which these two nations may come into contact and not to conflict. When the best brain of this country is governed by the enlightenment of the universities, reform, conserva- tive and yet progressive, is inevitable. And a public sen- timent may be created by the universities even more en- lightened, because more courageous than their own. For your learning, and for your public and national services, we have clothed you, then, with our highest aca- demic honors and with symbolic colors — the red and the blue — under which our University strives to realize the highest purposes. We feel that, loyal to your native land, you will, henceforth, be a worthy son of Pennsyl- vania. And so we greet you to-day with the prayer that the colors of our own country, the red and the blue and the white, may typify in the first two the policies of justice and enlightenment, and in the last " The white flower of a blameless life," in all our national measures. Address of Wu Ting-fang. 97 His Excellency, the Chinese Minister, spoke on "The Proper Relations of the United States to the Orient," as follows : Two years ago to-day the President of the United States delivered the oration before you, and last year one of the most prominent and learned scholars, the Hon. Seth Low, was your orator. To succeed these eminent men in this distinguished role is indeed a great honor ; but when it is considered that this is the first time the privilege of addressing you on Washington's birthday has been accorded to a foreigner, you will understand how proud and grateful I feel on this occasion. I am inclined to take this high compliment not as a recognition of any individual merit I may possess, but as a striking example of the friendly feeling shown to the country which I have the honor to represent. To the spirit of expansion also, unless I am mistaken, which pervades the whole country, I attribute this departure from the usual custom ; and as the United States has extended its territory to the Far East, it is but natural that a great and leading University like this should catch the contagion, and invite the repre- sentative of a neighboring country to undertake this pleasant and honorable task. The custom of observing Washington's birthday by this University as " University Day" is a praiseworthy one. For the last two thousand years, the birthday of Confucius, the great sage of China, has been every year observed in all the colleges of China ; and as your nation is young and your people are patriotic, it is fitting that you should follow the example of an older nation by keeping green the memory of " The Father of His Country." It is particularly fitting for the University of Pennsylvania, in whose city Washington established the Federal government and became the first president of the nation, to commemorate every year his birthday. The observance of the anniversary serves to recall to the mind of the people the noble character of the hero, to 98 Address of Wu Ting-fang. hold up his life as an inspiration to the nation, and to in- fuse the whole country with the spirit of patriotism. The name of George Washington is by no means unknown in China. To every student of modern history his life and achievements are familiar. To be able to combine thirteen small states into a harmonious union for the purpose of carrying on a long and costly war with a powerful country, to establish a stable government, and to found a new nation on a firm basis, — all this excites the admiration of my countrymen who have read the history of the United States. He was not only a great soldier but a great statesman also, for he laid down the sound principles of government which might serve as guides for other nations as well as for this republic. It may seem at first sight, paradoxical to say that we Chi- nese hold Washington in higher estimation for what he did not do, than for what he actually did, for his country. History has given us innumerable examples of great warriors, eminent statesmen, devoted patriots whom we regard with wonder and respect. Such are Caesar, Crom- well, Napoleon, and many others that may be named. But where can we find another instance of entire subor- dination of personal ambition to the public welfare ? The love of power which is innate to every man seems in his case to have been controlled by a higher sense of public duty. We know that he carried the war of American independence to a successful issue, accepted the unani- mous call of a grateful nation to be its chief magistrate, and after holding that high position just long enough to put the Ship of State in a proper and good condition, he voluntarily stepped down from the pinnacle of power without the least regret. He might have taken a differ- ent course. He might have remained in power to the end of his days. The very fact that he was master of his ambition, and not its slave, stamps him as a truly great man. The only historical characters I can think of who resemble Washington in this respect are Yao and Shun. Address of Wu Ting-fang. 99 These two great monarchs reigned in China from B. c. 23 57 to 2206, and during their respective reigns the people en- joyed perfect peace and prosperity. The virtues and ben- evolent sway of these two celebrated rulers have been held to this day in China as models for succeeding occupants of the throne, as immortalizing the following proverb : "Yao's benevolence was as universal as heaven, and Shun's virtue, as resplendent as the sun." It was the golden age of China ; and after the lapse of four thousand years their memory is still held in great veneration by their grateful countrymen. The noble character of these two sovereigns, as was the case with Washington, was conspicuous by a zealous devotion to the welfare of their people, and by a sacrifice of their self-interest and ambi- tion. Each l^ft his throne, not to his sons but to the worthiest ; or in other words, the choice of the people. The principle of selection thus established was only re- vived by Washington, and has since been followed in this country. Though it is not more than 125 years ago when Wash- ington founded this young republic with thirteen states, she has since so enlarged her boundaries that the country is now composed of forty-five states and half-a-dozen territories. Through the logical course of recent events, she has acquired territory far beyond this continent, and become practically a neighbor of China. It gives me the greatest pleasure to say that the relations between the two countries are the most friendly and cordial ; and I venture to express with confidence the hope that the fact of the United States' acquiring the Philippines will not only not disturb those amicable relations, but will have the effect of yet cementing them more friendly and closely. With such intelligent people as those of the United States, whose policy as voiced the other day by the Postmaster- General in his speech in New York, is not territorial ex- pansion, but only the expansion of trade and commerce, the relations of this country with China, and indeed with loo Address of Wu Ting-fang. all the other nations in Asia, cannot be otherwise than cordial. This being the case, it is naturally expected that I should express my views as to how the best relations can be maintained. I do this willingly, feeling sure that what I shall say will be received in the same friendly spirit in which it is given. The first advice I would venture to offer is the importance of a clear understand- ing of the situation. Whether in diplomatic or com- mercial business, it is equally essential. It should always be borne in mind that the customs, manners, language, mode of education and way of thinking in Asia, are not similar to those in the West : consequently the Orien- tals think and act in ways entirely different from their brethren in the West under similar circumstances. To judge the action of an Asiatic by an American or Euro- pean standard is a grievous mistake. I have seen costly litigations carried on for months in la.w courts between Chinese and Europeans simply through misunderstand- ing. I have seen bloody wars arise from the same cause. Each nation in those cases felt that it had been insulted, and considered the incident a casus belli. If the points of dif- ference had been properly explained, and if what each nation imagined to be an insult could have been clear that no such thing was intended, the matters in dispute could have been amicably arranged, and no war would have ensued. But each nation was stubborn and tenacious in its own opinion, each judging the other from its own standpoint. One of the first requisites towards main- taining proper relations with the Orientals, therefore, is to understand their ideas, and to judge them not by your standard, but by theirs. This is as much applicable to commercial and social intercourse as to diplomatic and international affairs. Let me give a common illustration. In China when a gentleman meets another for the first time, it is usual for both to ask each other's age, and other personal questions. It would be a mistake to regard such conduct as rude and insulting, as would be the Address of Wu Ting-fang. ioi case in this country. The asking of such questions shows the interest of the questioner in his new acquain- tance, and is done with the best of intentions ; therefore, it should be considered no more an insult than an inquiry after one's health. A perfectly innocent action can be easily misinterpreted to be a wrongful act. To do justice to an Oriental, you should not judge his action by what you would naturally think of it, but ascertain his motive for the act, and judge him by his own standard. This rule cannot be too often emphasized in your intercourse with the people in the Far East, as by its observance many disagreeable contretemps and misunderstandings may be avoided. I must acknowledge that your diplomatic and con- sular officers in China have thus far acquitted themselves well, considering the disadvantageous position in which they are placed. Most of the European Governments send young men to the East to learn the language and study the customs of the country. After a residence of two or three years, when they prove themselves pro- ficient, after passing a strict examination, they are then placed in responsible positions as student interpreters, consular assistants, etc. Merit is rewarded by promo- tion. Thus those governments have competent men specially fitted for service in the Orient. It may not be unwise for your government to adopt a similar system. It gives me much pleasure to hear that this University, ever foremost in all educational movements, has an- nounced a plan for a special school of commercial and diplomatic training, intended to qualify students for- business employment or public service in the East. This is a step in the right direction. I trust that in the near future all Americans who go to the East, especially to my country, whether in commercial pursuits, or in diplo- matic or consular service, will have had training in that school, or any other school of a similar standing. While upon this topic, I may be permitted to make a suggestion I02 Address of Wu Ting- fang. on a kindred subject. I think that if a Chair of the Chinese Language and Literature should be established, it would prove very useful, not only in teaching the Chi- nese language to those students wishing to learn, but it might be the means of diffusing information on all matters relating to China. I have heard that both the Univer- sities of Yale and Harvard had such a professorship in Chinese some years ago, but as there were very few stu- dents, the vacancy in each case was not filled after the death of the first holder. But the times have changed. In view of your rapidly increasing commerce and trade with China, and in view of your important political posi- tion there, the question is whether it is not worth your while to found a Chair of the Chinese Language and Literature in this University. I throw out the suggestion for the consideration of the Provost and officers of this great institution. Constant intercourse between the East and the West of necessity requires a common medium of communica- tion. The story of Babel has a moral to it. It was the confusion of tongues that scattered the people of the earth toward the four winds. Reverse the process, and you will bring the nations of the world together. In the days of the Cohungs, when the millions of the people of the Chinese Empire were brought into contact with the outer world only at a few points, and when buying and selling furnished the only opportunity for an interchange of ideas, it was found imperative that some means should be devised for making the wants of each side known to the other. Thus the jargon known as " pigeon English " (that is, business English) came into extensive use. This is "neither fish, flesh nor fowl," as far as extending among languages goes. But it has served a useful pur- pose, in that it has enabled the Chinese and the foreigner to understand each other sufficientiy to do such business as has brought them together for the last fifty years. The expansion of commerce at the present day, however. Address of Wu Ting-fang. 103 demands a better and more accurate vehicle of expression. Transactions involving thousands of dollars cannot be left to conjecture, but the rights and obligations of the parties must be defined in terms that convey a clear and well-understood meaning. In all the ports and important centres of the East the English language seems to hold a position in the school and in the counting-house such as no other language can claim. It is spoken in the streets of Shanghai as well as in those of Hong Kong. It is taught in the schools of Yokohama as well as those of Singapore. Chinese, Japanese, Germans, Russians and Frenchmen alike make use of it in their business offices, in their clubs, and in their family circles. In short, it may be called the commercial language of the Orient. Signs are not wanting that point to its ultimate adoption as an international language. It must not be understood that I am particularly partial to the English language. I only wish to see some language selected by common consent as an international language to be used when people of different tongues have dealings with each other. This would save a great deal of time and trouble. Life is short at best, and the time that is devoted to the study of modern languages nowadays might, with greater profit, be employed in the acquisition of some useful branches of knowledge. In order to fill the requirements of an international language, it seems to me that the English language, if adopted as such from its general use, might be first modified and improved in a great mani ways. Foreigners, for instance, are unanimous in con- demning the atrocious manner in which words are spelled in English. I need not point out to you how many words a single sound sometimes represents. This is a matter of your daily experience and must come home to you often- times with great force. I venture to suggest that if you were to lop off all the excrescences from your words, such as the " ue " in " catalogue," and adopt the phonetic spell- ing altogether, you would spare many an unfortunate 104 Address of Wu Ting-fang. foreigner the trials and tribulations he has to face at every step. In these days of electricity and steam, men of business cannot find time to master all the intricacies of a foreign language. The case is different, of course, with scholars who devote their lives to study and meditation. In order to meet the demands of the times, a language must be so simplified that foreigners can, without too much expen- diture of time and labor, acquire it for all practical purposes, before it can secure universal adoption. If, therefore, English is to maintain the ground it has gained in the Orient, it must be modified and improved on the lines I have indicated. As the American people generally take the lead in every movement of progress and reform, I hope this question of improving the English language will not be neglected. Indeed, I regard it as a hopeful sign that in writing the word " programme," the useless " me " are frequently left out, and the letter " f " is sub- stituted for " ph " in " photography." A congress of university professors and school teachers should, I ven- ture to suggest, be convened to take up this question, so that a simple and uniform system of spelling and com- munication may be adopted. The opening of the magnificent building for the Law Department, which took place yesterday, is an important event in the history of this University ; and I am glad that I was able to be present at the ceremonies. I take a peculiar interest in this department. Recognizing the value of a knowledge of common law and international law, I went to England to pursue my legal studies ; and I had the satisfaction of being the first Chinese who be- came a member of the legal profession in the western world. When I see, therefore, the splendid edifice within whose walls the students are to pore over their Blackstone, Kent, Wheaton, and other authorities, I am forcibly re- minded of my student days in a similar institution in Lon- don. China has adopted the law of collision at sea which is in force in the western world. International law is Address of Wu Ting-fang. 105 much studied in China, and most of the standard works on that subject have been translated into Chinese. Whea- ton and Woolsey are used as text-books, and are fre- quently cited as authorities in solving difficult questions. International law is founded on the principles of justice, and every nation should, as far as possible, conform to it; but if it should be more honored in the breach than the observance, then its study, I fear, would be soon neglected by students. I trust, however, that day will never come, at least in our generation. The sudden possessions of new and vast territories in the East, with a population of ten million, composed of thirty different races, speaking as many languages, pre- sents problems of a most serious character for solution, and naturally taxes to the utmost all the ingenuity which even statesmen of a high order possess. Hitherto your attention has been confined to this continent, and the government of so large an alien population in another part of the world is a new experiment. No wonder vari- ous schemes for their government are proposed ; and the delay in coming to a decision indicates your cautiousness and unwillingness to commit a blunder. With the intel- ligence and common sense of the American people, I have jio doubt a right conclusion will be arrived at. The policy of a wise statesman would be not to enact laws for the newly acquired possessions, without thoroughly studying the local requirements and peculiar circumstances, or to extend the laws of the mother country which might be unsuited to the condition of the new territories. No un- necessary change in the existing laws and customs should be made. No encouragement whatever should be given to the ill feeling of one race or class against another ; no step should be taken to please or conciliate one class in the community at the expense or to the detriment of another class ; no race or class legislation should be toler- ated. The policy of the new ruling power should be strictly impartial, fair and just ; no interference with long io6 Address of Wu Ting-fang. standing customs should be allowed unless they are cruel or injurious to good morals. Education is a great re- former, and if free schools are established, similar to the excellent public schools in this country, great results may be expected. This republic is young, and this is the first time she has acquired colonies 10,000 miles away. The experience is novel to her. Theories, however excellent, are not safe guides, especially in matters of legislation and government with respect to an alien race, and if errors should be committed, the consequences might be very serious. It is no disgrace to turn for some lessons to those powers which have had experience in the ad- ministration of colonies. England and France have acquired possessions in Asia, the former possessing terri- tories which are not far from the Philippines, and having had to solve problems similar to those with which you are confronted. If a commission should be sent to those colonies to investigate the systems of government in actual operation, to study the experiments which have proved successful, and to find out what legislative enact- ments have been found suitable to the Asiatic people, this government would be able to learn some useful les- sons and at least to avoid making mistakes which might afterwards be regretted and difficult to correct. The United States has now become an important factor in the Far East, not only on account of her newly acquired possessions there but also on account of her steadily increasing commerce with the nations in Asia. It be- hooves her to adopt a line of policy commensurate with the importance of the situation. Last December I attended one of the numerous exercises in commemora- tion of the death of Washington. The orator strongly advised the audience to read Washington's farewell ad- dress, remarking that he thought that not ten per cent of that audience had ever seen that document. I took the hint, and upon my return from that meeting availed myself of the first opportunity to peruse the address. It Address of Wu Ting-fang. 107 was indeed full of good advice. What struck me most was the foresight and transcendent wisdom exhibited in every line of that address. For a foreign policy what can be grander than these words : " Observe good faith and justice toward aJl nations. Cultivate peace and harmony with all." This should be written in letters of gold, and serve as a guide to every nation in the world. It corre- sponds in effect to what Confucius inculcated when he said : " Let your words be sincere and truthful and your policy honorable and just." This good counsel of Washington has been a potent factor in shaping the policy of this country, and warding off foreign encroach- ments. When it became universally known that the policy of this young republic, as foreshadowed by its founder, was that of keeping good faith and cultivating peace and harmony with all nations, a favorable impres- sion was naturally created far and wide. All nations perceived that this country was pursuing a just policy, and did not dare to give the American people any cause of offence. And twenty-seven years afterwards, when President Monroe issued his caveat against foreign aggressions on the American continents, it was tacitly acquiesced in by all foreign powers. Why ? Because it was founded on principles of justice and self-protection. It was not entirely a new doctrine, but a liberal interpreta- tion of the sound principles laid down by Washington. So to secure the recognition of the "open door" in China by the great powers, which has recently been brought about by your government through the able Secretary of State, is not a departure from, but a continuation of, your traditional policy. The question now arises whether it is not time for this country to extend the Monroe Doctrine to Asia. The Philippine Islands are situated on the outskirts of Asia, and may be said to be at the very door of that continent. If it was necessary for President Monroe to declare any attempt to encroach upon any portion of the American io8 Address of Wu Ting- fang. continents, extending over six thousand miles from Alaska to Patagonia, as dangerous to your peace and safety, what shall you say to this when you find that the main- land of Asia is not more than six hundred miles distant from the Philippines? If it was thought proper not to allow Puerto Rico, or any of the islands on this side of the Atlantic, to pass into the possession of any foreign power, would it be advisable to look with indifference on any en- croachments on the mainland of Asia, especially the east- ern portion, which is nearer to Manila than Puerto Rico to Florida ? I do not apprehend any encroachment will take place. But the Monroe Doctrine, being the fixed policy of your government, the natural logic is that it should be applied to that part of the world where this country has possessions. This policy is by no means a selfish one, but, as I have already remarked, is founded on justice and self-protection ; and if persistentiy carried out it will tend greatly to the preservation of peace wherever it is enforced. I am far from making light of the services of the army and navy of this country, whose bravery has recently ex- cited the admiration of the world, and whose deeds have won undying fame. It must, however, be admitted that skill in warfare and bravery in action may conquer terri- tory ; but to govern newly acquired dominion peacefully, and win the hearts of a people belonging to a different race, calls for the administrative ability and sagacity of a statesman. The pen is mightier than the sword. The dictum of Mencius, one of our ancient sages, is still true when he says, " A king can conquer the world by brute force, but he cannot keep it without justice and righteous- ness." In this country there is no lack of able men who can steer the Ship of State in a straight and undeviating course, keeping clear of shoals and rocks. Even in this hall I see around me men who have become famous in the different professions to which they belong ; men high in office, who impartially administer the law and who scrupu- Address of Wu Ting-fang. 109 lously protect the interests of the people. The affairs of the nation are safe in such excellent hands. In this vast audience there are many undergraduates who are now- enjoying the privilege of preparing themselves in this great seat of learning for the noble but arduous work which they will before long be called upon to perform for their country at home or abroad. Whatever positions they may be required to fill, no doubt they will discharge their duties faithfully, and with credit to themselves and with honor to their country. Happy is America, that can boast of so many sons who are growing up to take part in the affairs of the nation. In the hands of men who have received training in this noble institution, where grand truths and sound principles of government are taught, this young but great nation will certainly con- tinue to prosper, and the Star-Spangled Banner will be not only the symbol of liberty and freedom, but also the emblem of justice and righteousness. The "University Day" exercises closed with the sing- ing of the University hymn " Hail Pennsylvania." Words by Edgar M. Dilley, '97 College. Hail ! Pennsylvania, Majesty as a crown, Noble and strong ! Rests on thy brow ; To thee with loyal hearts Pride, Honor, Glory, Love, We raise our song. Before thee bow. Swelling to Heaven, loud Ne'er can thy spirit die. Our praises ring: Thy walls decay: Hail! Pennsylvania, Hail! Pennsylvania, Of thee we sing! For thee we pray! Hail I Pennsylvania, Guide of our youth ! Lead thou thy children on To light and truth; Thee, when death summons us. Others shall praise: Hail ! Pennsylvania, Through endless days ! no Dedication of Price Hall. The Historical Society of Pennsylvania held a recep- tion at the close of the exercises at the Academy, which was largely attended by guests of the University. After luncheon had been served the guests were con- ducted through the handsome rooms of the Society, and viewed the rare paintings and manuscripts collected dur- ing the past three-quarters of a century. The afternoon of Thursday was devoted to an in- spection of the University grounds and buildings, the Deans of the various faculties receiving and conducting the visitors through their respective departments. At four o'clock the Pennsylvania Debating Union held a re- ception in the Law School Building, music by the Glee, Mandolin and Banjo clubs of the University adding to the enjoyment of the occasion. The reception over, the guests assembled for the dedication of Price Hall, in the new law building, as the permanent home of the Pennsylvania Debating Union. The orator of the occasion, HAMPTON L. Carson, LL. D., of the Philadelphia bar, was introduced by Provost Harrison, who spoke as follows : Ladies and Gentlemen: It is a matter of peculiar per- sonal pleasure to me to be present this afternoon at the dedication of Price Hall. When I was quite a young man I entered the ser- vices of the University as a trustee, and I found that body full of eminent men — men without whom the history of Philadelphia could not be written. Of that number at that time was Mr. Eli K. Price, even then venerable in years. I have known both himself, Mr. Eli K. Price, and his son, Mr. John Sergeant Price, for many years. Both of them were full of public service and service to the Uni- versity of Pennsylvania. Mr. Hampton L. Carson, of this city, has been friendly to the family and has naturally been called upon to deliver the address of dedication at this time, not only in dedication of the Hall itself to the memory of the father and his son, but also in memory of Address of Hampton L. Carson. hi the founder's children, which is the memorial on the part of the children to the services of their ancestor. I have the very great pleasure in introducing to you Mr. Hamp- ton L. Carson, the orator of the afternoon. Mr. Carson's Address. Mr. Provost, Ladies and Gentlemen: This hall is dedi- cated to the memory of Eli Kirk Price, a Trustee of the University of Pennsylvania from 1869 to 1884, and of his son, John Sergeant Price, president of the Central Com- mittee of the Alumni of the University from 1882 to 1897, and president of the Society of the Alumni of the Law Department from 1890 to 1897. As I look forth from this rostrum, the forms and faces of those estimable men appear to my mental vision as distinctly as though they were present in the flesh. Be- hold ! One of them a tall, spare, venerable man, of more than eighty years of age, with clear penetrating eyes be- neath shaggy eyebrows, and with a high forehead crowned with locks which swept his shoulders and as white as the driven snow ; the other, a sturdy, thick-set man of but little more than middle age, with a winning smile, a rich, deep voice, and a heartiness of manner which warmed you to the core. They were my friends ; they were the friends of my father, and the duty which I discharge this afternoon is a labor of love. They were men of note in their day and generation ; men of ability, of influence, of usefulness, of character, of integrity and renown. While alive, they were respected by all who knew them, and the memory of their sterling worth is cherished by many friends. They were simple, unobtru- sive, modest men ; they led clean, wholesome and honor- able lives. They toiled incessantly for the public good, but sought none of the rewards of office. They were lawyers of unusual attainments, who lived up to the best tradi- tions of the profession, who never soiled their palms, or dimmed the record of an honorable calling by a single act 112 Address of Hampton L. Carson. which would bring scarlet to the cheek of the most sensi- tive. To profound professional knowledge they added an extensive acquaintance with philosophy and science. The elder man was remarkable for the breadth and deptb of his insight into all matters affecting our civic welfare ; while the younger one devoted himself unselfishly to the promotion of numerous public charities. Their descend- ants are worthy of their ancestry, and it is to their munifi- cence that we owe this beautiful hall, which is henceforth to be the permanent home of the Pennsylvania Debating- Union. Mr. Eli K. Price was born, two years before the death of General Washington, in the neighborhood of the battle-ground of Brandywine, and his boyish eyes fre- quently looked upon scenes which have become classic in our Revolutionary annals. He was a sturdy youth, of Welsh, Irish and German descent ; his German ances- tors coming from the Palatinate of the Rhine. At twelve years of age he was so hardened by the labors of the farm that he was able to reap with a sickle his day's work of twelve sheaves, but he became impatient of the narrow horizon which hemmed him in, and, to use his. own language, he escaped from the farm to enter the counting-room. He was employed by the well-known commercial house of Thomas P. Cope, then engaged in foreign trade, whose packets were the largest ships at that time afloat, and one of them I believe exists to-day, engaged in the petroleum trade. From thirteen to at least nineteen years of age he devoted himself to the study of commercial interests, and occasionally would look into books on commercial law and the law of ship- ping. His attention, however, became diverted little by little from purely mercantile pursuits, until he found him- self attracted to the office of a great lawyer, to whose memory he felt that he could pay no more honest tribute of heartfelt respect than to name after his preceptor his- own son, John Sergeant. Mr. Seargent was at that time Address of Hampton L. Carson. 113 associated, so far as public estimation was concerned, on fair and equal terms with Horace Binney. In fact, any- one whose mind travels back to the great names in that generation which reflect lustre upon the Philadelphia bar would naturally say " Sergeant and Binney." When Mr. Sergeant went to Congress, Mr. Price was a rising lawyer, who, having had the advantages of personal instruction in Mr. Sergeant's office, familiarity with his methods, acquaintance with his clients, and ample knowledge of the details of current litigation, took the whole burden on his young shoulders of conducting successfully, until his dis- tinguished leader's return, a vast and varied practice. These matters occur to me with much of personal interest, for it was my good fortune to read law in the very office, so far as the building was concerned, of the great John Sergeant. The book-cases were still there which had held volumes once conned by Mr. Price, the portraits which hung on the wall recalled the memories of great men and pure citizens, and I often thought of the influ- ences under which Mr. Price laid the foundation of his professional usefulness and renown. But it was not alto- gether in the field of commercial law, which was Mr. Sergeant's leading line of business, that Mr. Price was destined to succeed. His attention was soon directed to the more difficult branch of real estate, and it is no dis- credit to any of his predecessors or successors to say that he became in the fullness of time the ablest real estate lawyer that the bar of Philadelphia ever produced. In fact, Mr. Price's signature to a brief of title was far more highly thought of than the'polides issued by the great real estate title insurance companies. Mr. Price's single brain carried, stored within its cells, all the extraordinary, accumulated, and detailed learning which is now a part of the corporate plant of every title company in the city. If ever there was a man who knew accurately the history of titles from the time of Penn to the present day, who could run out all the ramifications, whether by deed, by 114 Address of Hampton L. Carson. descent, or by special devise, together with all the nice distinctions arising from subtle interpretations of the courts, it was Mr. Price, whose advice, sought upon all occasions, and whose judgment, relied upon by all clients, was frequently appealed to in settlement of matters as arbitrator, where his individual sagacity was preferred by business men to the chances of litigation in the courts. No wonder, then, that by the time he had reached the age of fifty-three years he stood, without rising on his toe tips, with head and shoulders in line with the tallest men in the foremost ranks of the profession. A demand was then made upon him for a public service which this generation and generations yet unborn will learn to value as one of the most remarkable obligations on the part of posterity to a purely professional man that it has been the duty of professional annalists to record. Reluctantly — he says it himself — he yielded to a call by his fellow-citizens to allow his name to be used as a candidate for the State Senate in the year 1851. The condition of affairs prevailing in the city of Philadelphia at the time was peculiar. It is not now recalled except by the memory of a venerable man, now nearly one hun- dred years of age, who still lingers on the scene, who was cherished as a colaborer in the Senate, a partner in many struggles entered into for the public good — I mean the venerable Frederick Fraley, a man, who, with Mr. Price, headed the poll on an independent ticket, for the purpose of emancipating the city of Philadelphia from the chains which bound her. It is a curious chapter in our munici- pal history. Philadelphia proper was then but two miles square, consisting of twelve hundred and eighty acres of ground, extended from South to Vine streets, and from the river Delaware to the Schuylkill. Outside of this there were nine distinct districts, such as Spring Garden, Kensington, the Northern Liberties, Southwark and Rox- borough. There were also thirteen distinct boroughs and four townships, and each of them was under a separate Address of Hampton L. Carson. i i s form of government. The county was split into numer- ous fragments, each boasting of its sovereignty. There were frequent riots and bloodshed in the streets, citizens were massacred because of hatred of men of color or re- ligious antipathies, while conflagrations were kindled by contending factions of firemen for the entertainment of visiting strangers. Philadelphia holidays were graced by free fights in the streets, by the burning of churches, or the riots of 1844 ; the scenes were reenacted of the Via Appia in the old days of Rome, when the faction of Milo contended with that of Claudius, and when criminals who had violated the laws and ordinances of the city of Phila- delphia found immunity in escaping over an imaginary line on the north side of Vine street. The mighty energies of the municipality were paralyzed ; her enter- prises were dwarfed, and became pinched for want of sustenance and air. Philadelphia, which had been the leading city of the continent, the federal capital in the days of the Revolution, the metropolis of the Washington and Adams administrations, pined and shrank until it be- came the fourth city in the Union. Clear-sighted men foresaw that a public service could be rendered to this great county similar in character to that performed by the Federal Convention, when out of thirteen separate sover- eignties there was organized and evolved a national gov- ernment for the boundless territory of the Republic. Mr. Price was tall enough " to see the tops of distant thoughts which men of common stature never saw," and looking far into the future he saw the skies brightening with the glow of promise. At the sacrifice of his own individual convenience, at the loss of great professional emolument, at the earnest solicitation of a non-partisan representation of the citizens, he consented to an election to the State Senate. No words of mine can add force to those which Horace Binney used in a letter written to his own son, when he heard that Mr. Price's candidacy was spoken of, or can exceed them in fitness of eulogy. ii6 Address of Hampton L. Carson. " I should think your battle would be half won if you could place Eli K. Price's name, with his consent, at the head of your list. His name is a pledge already given, and not likely to be forfeited, for qualities specially neces- sary at such a time and on such an occasion : experience in civil affairs, general knowledge, talents, integrity, moral courage, constancy and conscientiousness. He has more- over, great practicalness and facility that enable him to impress other minds with his own convictions." Needless to say the ticket was successful, and the Consolidation Act of 1854, the second great charter of our city, the precursor of the Bullitt Bill, was passed largely through his efforts ; and what was the effect? The great territories which stretched out on every side, consisting of vacant fields and dilapidated buildings, suddenly, as though from a stroke of the enchanter's wand, sprang up into a great, thriving, beautiful and evergrowing metrop- olis. The city of Philadelphia became the jeweled bride of the Commonwealth. Many years afterwards, looking beyond the scene of his achievements, and peering, as old men gifted with a touch of prophecy sometimes do, far into the future, Mr. Price predicted, as I believe no other man has yet done, that the day is not distant when Mont- gomery and Chester and Delaware counties will knock at the doors of Philadelphia, and pray that all the prosperous boroughs and thriving townships which lie between here and Downingtown, and from Chester to Bristol, should be embraced under one charter of municipal government, which will cause the life-blood of a great community to pulsate through widely articulated veins. A great statesman was this quiet Quaker lawyer. A great public benefactor, most modest man that he was. Then, taking his pen, and giving to the public, without fee or hope of reward, not even covetous of the benedic- tions which now rise to the lips of generations which call him " blessed," he sat down and penned that great statute for the unfettering of our titles, known as the Price Act, Address of Hampton L. Carson. 117 which has stricken off the fetters which shackled our real estate, and which, in the language of one of our great Jurists, has introduced more in the way of practical reform into the law than anything that has occurred since the days of the great case of Taltarum. It was my privilege to be present at a dinner given by the Bar of Philadelphia when Chief Justice Sharswood retired from the bench, and laid aside the ermine which he had worn so spotlessly and without reproach for many years. Seated on his right — I can see him now — with eager, earnest, benignant face, was Mr. Price, who gazed at the magistrate who had put into the lasting form of judicial expression the principles which he himself had formulated in the office or had stated at the Bar, and the Chief Justice, turning to the venerable leader, said, " Mr. Price was not what in England would have been called a conveyancer, but he is fit to rank with the great names of Booth, of Fearne, of Preston and of Hargrave." On the opposite side of the table sat the most renowned of Eng- lish barristers, then visiting this country, Mr. Sergeant Ballentyne, a man who went all the way to India to defend the Gukwar of Baroda, who rose and said that in the whole course of his professional career — and he had been present at many meetings of the Bar at Lincoln's Inn, in the Middle Temple, and at Gray's Inn — he could not recall anything more touching than the manner in which the veteran leader faced the great Chief Justice, and the Chief Justice paid tribute to the integrity and character of the leader. . I remember also entering a crowded^hall, now some ■thirty years ago, where there was a tumultuous assem- blage. It was in the old wigwam in the northern part of the city. A speech was to be'delivered by the renowned ■orator of the black race, Frederick Douglass, and there was great anxiety on the part of all present to hear him. Mr. Price arose to address the meeting, and among the younger generation there were but few who knew who ii8 Address of Hampton L. Carson. he was, and some disturbance occurred because of the eagerness to hear Douglass. The noise rose almost to the point of tumult ; Mr. Price, with the trembling voice of great age, was unable to control it, when the chairman of the meeting rose, and in tones which penetrated to the utmost recesses of the hall, said : " Gentlemen, there are many of you who were not alive when the gentleman who is now addressing you was a faithful and an honored public servant. I simply mention his name in this pres- ence. The man who is now speaking is Eli K. Price." Instantly the feeling of respect was such that there was a hush through the hall, and for fifteen minutes the most rapt attention was paid to the words of one fast verging on eternity ; words of political wisdom, words of cheer, words which thrilled the hearts of that vast audience, because all recognized that largely owing to Mr. Price's courageous and persistent advocacy of the cause of free- dom it had become possible for a black man to speak without insult or rebuke before an audience in Phila- delphia. Mr. Price did not devote his attention entirely to professional pursuits. As he threw on the shoulders of his affectionate son the burden of the cares of a great office business, he turned his eyes to those shining heights of science and philosophy on which thinkers love to dwell, particularly as they are near the closing scenes of life. Before the American Philosophical Society, before the American Numismatic Society he read papers and discussed the current science of the day. I recall the titles of his papers, " The Glacial Epoch," " Some Phases of Modern Philosophy ; " and with a lawyer's well-trained faculties, which enabled him in discussion to balance evi- dence and apply rules, he accomplished a task which surprised many persons by demonstrating that a lawyer was interested in much beyond the limits of his own profession. His love of plants and trees found full expression in Address of Hampton L. Carson. i 19 his work in Fairmount Park, where, as a commissioner, he labored hard upon the establishment of the Michaux Grove. He himself described the significance of a mound which he himself erected, standing over here within a stone's throw of the campus, a rockery, in the shape of a clover leaf, giving us an interesting geological description, thus indicating the extraordinary character of his attainments and the range and versatility of his mind. In 1884, in his eighty-eighth year, he passed away. The burden of a great business fell on the shoulders of his son, John Sergeant Price, a man who easily sus- tained the distinction of a great name. Mr. John Sergeant Price was not as frequently in the courts as some of the other advocates if we confine our attention simply to the Courts of Common Pleas, but in the Orphans' Court, the Court of Probate, I think it safe to say that, during the years in which he appeared there, but few practitioners more frequently or substantially assisted the judges in the discharge of their arduous and intricate duties. But few counselors ever gave to a court the fruits of learning in such abundance. No man ever discharged his debt to his profession with more unselfish and untiring persistence. But few men ever poured forth upon the records such a profuse display of varied ability to deal with complicated accounts, with intricate settle- ments, and forms of entail. He carried in his heart and in his head the precepts and the learning of his father. As a man and as a citizen, he illustrated many types of excellence. He was robust in his friendships, earnest in his advocacy of plans for public improvements, and stern in his denunciations of wrong. He wrote his name on the records of no less than eighteen public charities, and during twenty years served as a member of numer- ous committees, and presided over the meetings of the Central Committee of the Alumni and the Alumni of the Law Department. He was never known to absent him- self from a single meeting or to send a single line of I20 Address of Hampton L. Carson. excuse for nonperformance of duty ; he was a man the fullness of whose affectionate nature folded about him the warmest sympathy and loyalty of his friends. Such were they, father and son, whom we honor to-day. The characters of some men are made of granite ; those of others seem to be but sand and clay. In the action and interaction of the wild waves of life, which sweep in stormy surges through the lives of most professional men, all the perishable parts are washed away, and there appear the rock-ribbed hills, which stand for firmness, for integrity, for nobility of aims, on whose sides can be seen inscribed, in characters to be read by all, the lessons of their lives ; and as they recede in that haze of years which pass one by one like cloud-rifts before us, finally the illumined summits appear on which the eyes love to linger, because they point to an atmos- phere of holiness. Gendemen of the Pennsylvania Debating Union, it is in memory of good men that this hall is founded. Of what use is it to talk of the examples of noble lives, or of the deeds of those who have " crossed the bar," unless we have ourselves a fixed determination to make our conduct a fair pattern of theirs, and, in the language of Goethe, " So act that the rules of our lives shall become the principles of eternal law." Here on this floor you will contend in debate. You will discuss many strange and arduous questions. The problems of the world are not yet solved, and new situations are presented every day. As I listened this morning to that admirable address in the Academy of Music from the lips of an Oriental, dis- cussing, in our own tongue and without an accent to betray a foreign origin, not only the great problems of the present, but forecasting the probable issues of the future, I felt that no academic occasion of the last hun- dred years was more significant of results. An Oriental talking in the Occident ! How long will it be before a man from this great, growing, struggling Western Address of Gerard Brown Finch. 121 Republic will talk in the Orient in the tongue of Wu Ting-Fang ? What message have we for the children of the sun ? How many subjects of debate are suggested by that single thought, which must be worked out and discussed here! Remember, gendemen, it is not dex- terity in debate, nor satisfaction in fleshing your sword in the argument of your adversary, nor simply skill in dialectics that you are alone to acquire. You must search for truth, absolute truth. If we learn aright the lessons so impressively taught us, not only by the addresses and the ceremonies of the last few days, but by the lives of the men whose memories we to-day clasp to our hearts, we must feel that there can be no nobler self-sanctification than to the cause of our God, our country, and truth. Provost Harrison then introduced Mr. Gerard Brown Finch, the representative of the University of Cambridge. Mr. Harrison spoke as follows : Ladies and Gentlemen: During these two days to which Mr. Carson has just referred, days so interesting to us all, we have received the congratulations of the Uni- versities of Oxford and Cambridge, and have had the pleasure of listening to an address by Sir Charles Arthur Roe. This afternoon we have the pleasure of listening to Mr. Finch, representing Cambridge University, and it is a happy circumstance that the first speech in this building upon the progress of the law will be from the distinguished guest from Cambridge. I have the very great pleasure of introducing to you Mr. Gerard Brown Finch. Mr. Finch's Address. I have to express my great regret that I have not had time to prepare on any department of the law an address suitable to this important occasion, which has drawn together eminent Judges and Professors from all parts of the United States. But I ought not to let the establishment and dedication of the new law school of 122 Address of Gerard Brown Finch. this University pass without a few observations on some points connected with the law of England, that seem to me interesting and important ; and I feel assured that my few almost extemporized remarks will receive a kind indulgence at your hands. The field of our common law is one of vast interest to the student. The law furnishes the framework in which society exists. The cases that are dealt with in the courts reveal -to us details of the daily life and mutual relations of the people in the times in which they arise ; and the remedies afforded mark the stage of development of its legal and ethical sense. But it is not as I have said of any department of the law that I wish to speak ; but in considering the develop- ment of the law there are two features which are of especial interest to me, one of them — paradoxical as it may sound — is a process of reversion, reversion to the ancient political ideas of the Anglo-Saxon race ; the other is an outcome of the moral growth of the people. I can not now venture far into either of these features of our legal history, but I will cite one or two instances. In the year 1894 ^^ Act was passed with these provisions : sec. . There shall be a parish meeting for every rural parish, and there shall be a parish council for every rural parish which has a population of 300 or upwards. sec. :, "YYiQ parish meeting shall consist of the parochial electors, namely, the persons registered in the local government register or the parliamentary register of electors. sec. 6 There were transferred to the parish council : (a) The powers, duties and liabilities of the vestry and of the churchwardens, except so far as related to the affairs of the Church ; of the overseers ; power to make representations with regard to unhealthy dwellings, and with regard to allotments. '"■7 To the parish meeting was given power to adopt : sec. 8 Address of Gerard Brown Finch. 123 (a) The Lighting and Watching Act, 1833 ; (d) The Baths and Washhouses Acts from 1846 to 1882; (c) The Burial Acts from 1852 to 1885 ; (d) The Public Improvements Acts, i860 ; (e) The Public Libraries Act, 1892. The parish council also had conferred on it power — (a) to acquire buildings for offices, etc. ; (d) to acquire land for such buildings and for a recreation ground ; (c) to take charge of and improve any recre- ation ground, village green, or open space ; (e) to utilize any well, spring or stream within their parish, and provide facilities for obtaining water therefrom ; (k) to accept and hold any gifts of property, real or personal, for the benefit of the inhabi- tants. =«<:■ 9 Power was conferred to obtain land by compul- sion through the intermediation of the County Council, and, with the consent of that Council and of the Local Government Board, to borrow money. sec. 14 And powers of administration with regard to charities (other than ecclesiastical) for the benefit of the inhabitants of any rural parish, were given to the parish council. Now, Mr. Freeman, in^the three lectures which he published under the title of " The English Constitution," saw in the parish vestry " the unit, the atom, the true kernel of all our political life." The origin of the Parish is by many writers said to be found in the Manor, and the origin of the Manor to be found in the Teutonic Mark. What was this Mark, this predecessor of the parish ? The Mark, in one respect, was a separated tract of cultivated land, occupied by a greater or less number of freemen constituting a tribe, and bounded by forests and wastes, in which the tribe had a common interest, in which they pastured their cattle and fed their swine, cut wood for building, for fuel and other purposes. That was 124 Address of Gerard Brown Finch, the basis on which the ancient Teutonic society rested. The Mark, in another respect, was, to use Mr. Kemble's words\ " a union for the purpose of administering justice, or supplying a mutual guarantee of peace, security and freedom for the inhabitants of the district. In this organ- ization, the use of the land, the woods and the waters was made dependent upon the general will of the settlers, and could only be enjoyed by all for the benefit of all. The Mark was a voluntary association of freemen, who laid down for themselves and strictly maintained a system of cultivation by which the produce of the land on which they settled, might be fairly and equally secured for their service and support." This institution, those whom we call the Anglo-Saxons, that is, the Angles, the Saxons and the Jutes, brought with them into England, and there soon came into existence a network of communities, the principle of whose being was separation as regarded each other : the most intimate union as respected the individual members of each. But this was not all. There was another institution, which consisted of a number of Marks, the union having been made for purposes of a religious, judicial and political character. Mr. Kemble says^, " as the Mark contained within itself the means of doing right between man and man, i.e., its Markmote ; as it had its principal officer or judge, and, beyond a doubt, its priest and place of religious observances, so the Shire had all these on a larger scale ; and thus it was enabled to do right between Mark and Mark, as well as between man and man — could decide upon the weightier causes that affected the whole community." I will give one more extract relating to the ancient institutions of our forefathers, and I take it from a translation by Mr. Freeman out of Tacitus, who has given us our earliest account of the institutions of the Teutonic, or, as he calls them, Germanic tribes. Tacitus says of ^ The Saxons in England, vol. i, p. 54. ''■Ibid. vol. I, p. 73. Address of Gerard Brown Finch. 125 them, " They choose their kings on account of their nobil- ity, their leaders on account of their valour. Nor have the kings an unbounded or arbitrary power, and the leaders rule rather by their example than by the right of command ; if they are ready, if they are prominent, if they are forward in leading the van, they hold the first place in honour... On smaller matters the chiefs debate, on greater matters, all men ; but so that those things whose final decision rests with the whole people are first handled by the chiefs... It is lawful also in the assembly to bring matters for trial, and to bring charges for capital crimes... In the same assembly chiefs are chosen to administer justice through the districts and villages." We have, in the foregoing extracts, a sketch of the constitution which had grown out of a self-governing, a liberty-loving race of free men, the expression of their political sense and feeling. And the kingdom which ultimately became established in England lasted in its integrity until some time before the Norman Conquest. I say in its integrity, because the influence of the Chris- tian priests, who came over from the Continent, combined later on with that of Norman visitors, began to work a change. Then came the great overthrow, known as the Norman Conquest, and the imposition upon the kingdom of the feudal system. Before that event the land belonged to the freemen : after the conquest it became vested in the king as lord paramount, and in the great lords as his superior vassals, who granted it out to their retainers to be held subject to the condition of the render of service. And whatever of pre-existing institutions was retained, yet the change in the relation of the people to the land, and by consequence in their freedom, was profound and far-reaching. For it is to be remembered, they were a race among whom their freedom and the ownership of the land on which the community was settled were insep- arably associated. And although the history of our insti- utions records the removal, bit by bit, of the feudal 126 Address of Gerard Brown Finch. system, commerce undermining it and the judges, by their decision, helping to break down the system by which the lands were retained in the great families, and although the institution of the Crown, ruling by and with the advice and consent of the two houses of parliament, had been firmly established for centuries, yet the opening of the nineteenth century found the great mass of the people of England, including the dwellers in many large and flourishing towns, without any voice in the govern- ment of the land. Let us see what the vestry had become in the middle of the i8th century, that institution in which Mr. Freeman saw, as I believe the fact was, the survival of the ancient Teutonic mark. I have made a few extracts from Mr. Shaw's Parish Law, the 9th edition of which was published in 1755. A Vestry is defined as the assembly of the whole parish met together in some convenient place for the despatch of the affairs and business of the Parish. Anciently and at common law every parishioner who paid Church rates, or scot and lot, and no other person, had a right to come to these meetings. The powers of the Vestry related to the election of Churchwardens, Sidesmen and the Beadle, and to levy- ing rates for the relief of the Poor and to maintain a fire- engine. The duties of the Churchwardens were to maintain the fabric of the Church, other than the Chancel, and to take charge of the goods of the Church. And they were to make presentations with regard to all such matters as were presentable by the laws ecclesiastical of the realm. The enumeration of those matters would astonish any one born in these days. The Churchwardens were to present Almshouses, if abused ; Alehouses &c. in divine service, Blasphemers, if any ; whether the Parish- ioners attended Church ; Drunkards, if any ; offences within Address of Gerard Brown Finch. 127 the scope of the 7th Commandment ; whether the Sacra- *ment was received three times a year by all above 16 ; " And lastly, which I fear," says the Author, " is not duly minded, whether any, dissenting from the Church of England, do keep schools without having subscribed to the Church articles and without having a licence to teach from the Bishop, and without having made a declaration constantly to come to Church. And it being a matter of great moment to secure youth from being corrupted with ill principles, the Churchwardens are to do their duty therein with the utmost care." I pause to interject a remark that here we are in presence of that spirit of tyranny and intolerance that drove so many earnest souls to leave their homes and to seek in this land the freedom of worship which was de- nied them in their own ; a spirit which under other forms at last drove the liberty-loving colonists to assert by force of arms their right to self-government, that political instinct of the race. But, to return. When the Local Government Act of 1894 was passed the jurisdiction of the ecclesiastical courts in the matters above referred to had been abol- ished, and the Act of 1894 transferred to the Parish Meet- ing the small remnant of secular authority, which then remained to the Vestry. That Meeting, as we have seen, is now no longer restricted to those who pay church rates ; but consists in effect of all the householders of the Parish, who combine within their body the freeholders, the tenants and the labourers. The matters confided to the administration of the Parish Meeting and its execu- tive, the Parish Council, are of larger scope than the levying of rates for the relief of the poor, and anyone who has been brought into touch with the working of the Parish Council, as I have, can perceive the awaken- ing, which is going on consequent upon the measure of self-government restored to the village communities and the sense of responsibility which its exercise entails. The 128 Address of Gerard Brown Finch. Parish Meeting and Parish Council represent the ancient Markmote and its officers described in the extracts I have already given, I have dealt so far with the Parish. After the Parish comes the aggregation of Parishes forming a District, and the aggregation of districts forming a County. The Act of 1894 established District Councils, having powers for the maintenance of roads and the general carrying out of the Public Health Act. The County Council, was established by the Local Government Act, 1888. Prior to its passing the admin- istration of the County was vested in the Magistrates at Quarter Sessions, the Magistrates being appointed by the Lord Chancellor on the recommendation of the Lord Lieutenant of the County. All the administrative powers of the Magistrates with many other important duties were transferred by the Act of 1888 to the Council, a body no longer appointed by the central authority, but elected by the free voice of the householders of the County. Time does not permit me to speak in any detail of the District Council constituted by the same Act of 1894, or of the County Council constituted by the Local Gov- ernment Act of 1888 ; but the three Councils, of the Parish, the District and the County respectively, corre- spond to and represent in modern form the ancient Courts of the Mark, the Hundred and the Shire ; and they are a signal instance of the re-assertion of the idea of self-government which is the imperishable endowment of the Anglo-Saxon race. The various Reform Acts, the last of which was passed between twenty and thirty years ago, furnish another instance of reversion. Before the passing of these Acts the suffrage was limited to only a fraction of the people. Their effect was to give to every householder, whether in county, city, or borough, the right to vote in the election of representatives in the House of Com- mons. Address of Gerard Brown Finch. 129 But, adequately to deal with the question I have raised, one should begin immediately after the Conquest with the demand made by the Saxons for the restoration of their ancient laws and the promise made by the Con- querer to comply ; a promise that could not be carried out in its fulness except by the abandonment of the feudal system, which was impossible. But I must mention two other instances. Before the Conquest women possessed proprietary rights, which were lost after that event. Under the Saxon law the guardianship only of a woman's property went to the husband on marriage, and prior to that event was vested in her father. The Norman law merged the legal existence of the wife in that of her hus- band ; eadem caro vir et uxor was its maxim. This was modified to some extent in later times by the action of the Court of Chancery, allowing property to be settled to the separate use of a married woman. But within the last thirty years the wife has had restored to her, not merely the protected ownership of her property under the ancient Teutonic system, but her rights are now as unre- stricted and free as those of a man, except where the donor of the property has superadded the protection of a restraint on anticipation during her married life. My last instance is the most conspicuous and the most convincing of all. The proposition I am maintain- ing would not be true if it did not find instances in this country, and the instance I will cite is the Declaration of Independence made in this City and the establishment of the Constitution of the United States. That Declaration sprang from the love of freedom and the craving for self- government which I have referred to, and which are for our race as the air in which it lives. And as to the Con- stitution, consisting, as it does, of a union of self-governing States, each of which is sovereign within its own ter- ritory and as regards its own citizens, but under the au- thority and protection of the Union, which is empowered to do right between State and State, between a State 130 Address of Gerard Brown Finch. and a citizen of another State, and to deal with the weightier affairs that affect the whole community, I say, we have in that Constitution, on a stupendous scale, the spirit and general design of the Teutonic institutions, de- scribed in the extracts I have cited, and brought into England by our common Anglo-Saxon forefathers. Ethnologists tell us that races do not change in their chief physical or mental characteristics, and I believe it. The pictures in the tombs of Egypt represent the fellah with the features, and doing the work, which belong to him in the present day ; and the wandering Arabs of the deserts in Syria and Arabia have prolonged to our own time the features, the manners, and the customs of the contemporaries of Abraham and Lot. The character of a people may be likened to that of an individual. Time does not change its essential elements, though it may bring growth. When I began this paper it was my intention to treat of the growth of the ethical element in our Common Law, and I proposed to bring forward as illustrations of my second theme : — (i) The abolition by England of slavery in the West Indies at what was then considered a great price in money ; and the like abolition in this country at a cost in blood and treasure almost incalculable. (ii) The sympathetic treatment of subject native races both by England and the United States. (iii) The passing of the Factory and Mines Regulation Acts in England, by which the hours of labor of the working classes were shortened, protection against the dangers of their employment was provided, child labor abolished, and that of young persons regulated. (iv) The removal of the restrictions on Trades Unions. But I am compelled merely to mention them. With regard to Trades Unions, the struggle which is going on between them and the employers of labor is one of momentous interest ; and the impartial neutrality of the Address of Gerard Brown Finch. 131 Common Law in that contest has been strikingly illustrated by the intensely interesting and important case of Allen v. Flood, decided by the House of Lords in 1898. I venture to prophesy with regard to this contest that the growing moral sense of the people will bring a solution beneficial to both parties and fraught with blessings to the State. I am encouraged in this view by the Workmen's Compen- sation Act of 1897. That Act in the case of certain speci- fied trades throws the compensation for personal injury, arising in the employment, upon the employer, that is to say, on his business. This is an act of justice and humanity, marking a great advance in the treatment of the question. Does not the recognition of such a right on the part of the workman contain the germ of a new status between him, his employer, and the business, out of which the final solution of the question may grow ? If it is true that we are witnessing a reassertion of the ancient ideas of our race, we may expect that the solution will embody in modern form the spirit of the ancient Anglo-Saxon organi- zation disclosed in the first citation which I have given from Mr. Kemble's work. Mr. Provost, in concluding this fragmentary address I desire to avail myself of the present opportunity to express my grateful thanks for the signal honor which the Trustees of the University of Pennsylvania have done my colleague. Sir Charles Roe, and myself in conferring upon us the honorary degree of Doctor of Laws. I take it to be an expression of the great respect and regard felt by the members of your University for the venerable Foundations of Oxford and Cambridge, which we repre- sent. And I desire to thank, not only the University, but also the Law Institutions and the Citizens of this great city, for the abundant testimonies of good-will which they have showered upon us. Mr. Provost, I wish success to this new Law School. May it maintain the traditions handed to it from its pre- 132 Closing Exercises — Dinner. decessor ; and may it ever be the wise teacher, the faithful interpreter and the zealous guardian of our glorious Com- mon Law. The exercises closed with a commemorative dinner given by the Law Association of Philadelphia, the Law- yers' Club of Philadelphia and the Pennsylvania Bar Association, at Horticultural Hall, at which six hundred and fifty persons were present. The banquet hall and tables were profusely decorated with flowers, and the walls were hung with portraits of eminent lawyers and judges. Samuel Dickson, Esq., Chancellor of the Law Asso- ciation, presided. Upon his right sat Hon. John M. Harlan, of the Supreme Court of the United States ; His Excellency Wu Ting-Fang, the Chinese Minister ; Provost Charles C. Harrison ; Dr. Gerard B. Finch, of the Univer- sity of Cambridge, England ; Dr. S. Weir Mitchell ; Hon. Oliver Wendell Holmes, of the Supreme Court of Massa- chusetts ; Mr. James C. Carter, of New York ; Hon. Wm. H. Taft, of the Circuit Court of the United States; Richard C. Dale, Esq. ; and Professor James B. Thayer, of Harvard University. On the left of the presiding officer were Hon. Wm. U. Hensel, ex-Attorney-General of Pennsylvania, who acted as toastmaster ; Hon. George Gray, of the Circuit Court of the United States ; Sir Charles Arthur Roe, of the University of Oxford, England ; Hon. Henry Green, Chief Justice of the Supreme Court of Pennsylvania; President Francis L. Patton, of Princeton University ; Mr. John E. Parsons, President of the Bar Association of New York ; Professor Simeon E. Baldwin, of Yale Univer- sity ; Hon. John P. Sterrett, of the Supreme Court of Pennsylvania ; Hon. Wm. J. Magee, Chief Justice of the State of New Jersey, and Professor George Wharton Pepper, of the University of Pennsylvania. The following is a facsimile of the dinner program : .w% r/y .///; Organized 1790 First Lecture Delivered December 15, 1790 IN THE ACAOEMT BT JAMES WII30N Second Course of Lectures DELIVERED BY CHARLES WILLING HAR£ April, 1817 in the college eoildings on ninth street REORG A NIZ ATIO N 1850 UNDER GEORGE SHARSWOOD Removed to West Philadelphia 1874 Removed to Broad and Chestnut Streets. 1883 Occupied Buildings in Independence Square 1895 Dinner GIVEN DNDER THE AUSPICES OP Zbc Xavo B0sociation of pbila&elpbta iDcorporated March 13, 1802 trbe Xavcyer's Club of IPbila&elpbia Incorporated July 9, 189s TTbe pennsglvania Bar Hssoctation lacorporated July i, 1895 HOSTICOLTURAL HALL Philadelphia, February 22, 1900 Blue Point Oysters Green Turtle Soup Rich Old Amentillacio Olives Celery Almonds Chicken Halibut Cucumbers " Hollandaise " Sauce " Vol au Vent " of Sweat Breads Chateau Sauterne Roast Loin of Mutton Champagne French Peas Potatoes " Duchesse ' University Punch Terrapin Tomato Jelly Salad Brie and Roquefort Cheese Nesselrode Pudding Rum Sauce Fruit Coffee Candy Cigars ' Cigarettes Cognac 1B57 k MMl^ ■^ i '|,::::-L>^.':.^\' %^ ^ ^ •^ •% t ^^ I March . Rands Across the Sea . . Sousa 3 Mbdlbt . . Overture of College Songs . . 'Btale 3 Waltz Fkom The Amber . . ... . Herbert 4 March . . . Fraoldin Field . Gilpin 5 Selection . . . Fortune Teller . Herbert 6 March From Thb Jolxt Musketeer Edwards 7 Intermezzo . . Fas des Fleuis . Delibes S Selection . . . The Singing Girl . . Soma 9 Characteristic . A Bunch O' Blackberries Holinumn lo March . . . The Man Behind the Gun , Sousa 11 Waltz . The Conquerors . Furst 12 AIRS From The Runaway Girl . Caryll 13 Waltz . . April Smiles . Derteir 14 March . . . Philadelphia's Favorite . Beale ■ S Characteristic . Smoky Mokes Hot^mann i6 March . . . Houston Club Coeckel S. S). JBeale'B ®rcbestca I. The Memory of Washington. II. The Judiciary. HONOKABLB GSORGB GRAY III. The University of Oxford. SIR CHARLES ARTHUR ROB IV. The University of Cambridge. Ma. G. B. FINCH, A.M. V. The University of Pennsylvania. Mr. GBORGB WHARTON PBFPBR VI. The American Lawyer. MR. JOHN B- PARSONS Vn. The Philadelphia Lavsryer. Ms. RICHARD C. DALB Ga€S!i(rs His Excellency Senor Don Manuel De Azpiroz President C. K. Adams Professor James Barr Ames President James B. Angell Honorable Robert W. Archbald Honorable E. A. Armstrong Honorable Michael Arnold Professor Clarence D. Ashley Honorable Charles Y. Audenried Honorable William N. Ashman Honorable Simeon E. Baldwin Honorable J. Hay Brown Honorable Joseph BuSington Honorable James A. Beaver Honorable A. V. Barker Honorable Abraham M. Beltler Professor Samuel C. Bennett Honorable Edward W. Biddle Professor Philip M. Bikle President William W. Birdsall Honorable F. Amedte Bregy Honorable O. B. Bechtel Mr. James C. Carter President Joseph H. Chamberlin Chancellor Winfield S. Chaplin Honorable R- L. Crawford Honorable George S. Crisswell Honorable John Dean Professor Henry E Davis Honorable IBdwin M. Dunham Honorable P. M. Dunn Honorable Alfred Darte Honorable John P. Elkin Honorable Henry M. Edwards Honorable John A. Evans Mr. G. B. Finch, A.M. Honorable D. Newlin Fell Professor J. Newton Fiero Honorable Thomas K. Finletter Honorable -Robert Sellers Frazer Honorable Joseph C. Ferguson Honorable Henry Green Honorable George Gray President Daniel C. Gilman Honorable Charles G. Garrison Honorable M, P. Grey Professor Charles Noble Gregory 'Honorable John M. Greer Honorable Joseph M. Gaskill Honorable John M. Harlan Honorable Oliver Wendell Holmes Provost Charles C. Harrison President George E. Harris Professor John H. Harris President George A. Harter Professor William F. Hunter Honorable William B. Hanna Professor William A. Keener Honorable Andrew Kirkpatrick Professor William Minor Lile Honorable John B. Livingston Honorable John G. Love Honorable John Lynch Honorable Jeremiah Lyons Honorable Charles I. Landis Honorable Wilton M. Lindsay Honorable J. Brewster McCollum Chancellor Henry M. McCracken Honorable John B. McPherson Chancellor Emlen McClaiu Honorable Harold M. McClure Honorable Charles B. McMichael Honorable Henry J. McCarthy Mr. James H. MeKenney Honorable William J. Magie Honorable James T. Mitchell Honorable S. Leslie Mestrezat Doctor S. Weir Mitchell President James D. Moffat Honorable William A. Marr Honorable Thomas A. Morrison Honorable Thomas J. Morris Honorable James H. Nixon Professor Charles W. Needham Honorable George B. Orlady Honorable James M. Over Mr. RoUo ogden OUtSTS-ConliniuJ. President Francis L. Patton Honorable William W. Porter Honorable William D. Porter Mr. John E. Parsons Mr. John Prentiss Poe Mr. Henry Page Honorable Samuel W. Penny- packer Honorable Clement B. Penrose Professor W. S. Pattee Professor Cuthbert W. Found Sir Charles Arthur Roe Honorahle John R. Richards Hon. John W. Reed Honorable Edmund H. Reppert Honorable John P. Sterrett President Austin Scott President Isaac Sharpless President John S. Stahr President Theodore L. Seip President Augustus Shultze Professor H. F. Spangler Professor John D. Shafer Honorable John W. Simonton Honorable Aaron S. Schwartz Honorable George M. Sharp Hon. W. F. Bay Stewart Honorable Clinton R. Sa^idge Honorable Samuel McC. Swope Mr. Moorfield Storey Honorable Oscar S. Strauss Mr. Henry t,. Stimson President George W. Smith Honorable William H. Tafl Professor James B. Thayer Honorable M. Russell Thayer Honorable Frank J. Thomas Honorable Thomas W. Trenchatd Honorable James F. Taylor Honorable S. B. Umbel His Excellency Wn Ting Faog President E. D. WarEeld Honorable Evetett P. Wheeler President Beniah L. Whitman President John D. Whitney Professor B. L. Wiggins Honorable James B. Wassoa Honorable J. S. Wilson Honorable Emory A. Walliog Honorable John W. F. White Honorable Stanley Woodward Honorable Robert N. Willson Honorable William W. Wiltbank Honorable J. G. Wadlinger Honorable Henry K. Weand Mr. Edmund Wetmore Honorable Rarman Yerkes Subscrtbers Mr. John Adams Mr. John S. Adams Mr. George F. Baer Mr. George R. Bedford Mr. Francis Cope Adler Mr. Frederick Bertolette Mr. Harry M. Alberteoa Mr. James K. Bowen ?Ar. James Alcorn Mr.'O. C. Bowers Mr. Lncien H. Alexander Mr. W. O. Brewer Mi-. Edward P. AUinson Mr. W. Michael Byrne Mr. Edward A. Anderson Mr. J. W. B. Bausmaa Mr. James B. Anderson Mt. William V. C. Anderson Mr. J. K. Andre Mr. John Cadwalader Mr. Pierce Archer Mr. John Cadwalader, Jr. Mr. Richard h. Ashhurst Honorable James D. Campbell Mr. O. C. Allen Mr. John M. Campbell M?. Josiah K. Adams Mr. George W^. Carr Mr. W. Wilkins Cair Mr. Charles Carver Mr. R. Leper Baird Professor Hampton L. Carson Mr. Thomas W. Barlow Mr. Henry G. Cattell Mr. John Hampton Barnes Mr. Joseph L. Caven Mr. Francis T. Chambers Mr. Non-is S. Barratt Mr. Le'win W. Barringer Mr. S. Spencer Chapman Mr. James M. Beck Mr. Horace L. Cheyney Mr. J. Claude Bedford Mr. Frank S. Christian Honorable Dimner Eeeber Mr. B. Frank Clapp Mr. John C. BeU. Mr. John A. Clark Mr. Joseph S. Clark Mr. Charles Biddle Mr. Cadwalader Biddle Mr. Harry G. Clay Mr. Frederick D. Biddle Mr. Ludovic C. Cleemaa Mr. Louis A. Biddle Mr. Edward H. Cloud Mr. Lynford Biddle Mr. J. B. Colahan', Jr. Mr. Charles C. Binney Mr. James I. Comly Mr. George Tucker Bispham Mr. Samuel W, Cooper Mr. Edgar N. Black Mr. James C. Cony Mr. Edwai-d H. Bousall Mr. George L. Crawford Mr. Fi-ancis H Bohlen Mr. John P. Croasdale Mr. James R. Booth Professor Henry S. Eomeman Mr. T. Dewitt Cuyler Honorable Charles M. Campbell Colonel Wendell P. Bowman Mr. Edwin Rouse Cochran, Jr. Mr. Peter Boyd Mr. Charles Corbet Mr. F. B. Bracken Mr. E. W. Coggeshall Mr. Louis Bregy MT. Frederick L. Breitinger Mr Frank F. Brightly Mr. Charles F. BaCosta Mr. Joseph Kill Brinton Mr. Richard C. Dale Mr. Joseph J. Broadhurst Mr. Howard A. Davis Mr. Clarence M. Brown Mr. G. Harry Davis Mr. Francis Shunk Brown Mr. Sussex D. Davis Mr. Henry P. Brown Mr. Henry M. Dechert Mr. William Findlay Browa Colonel Henry T. Dechert Mr. William H. Brown Mr. Joseph J. DeKinder Mr. F. Pierce Buckley Mr. George Demming Mr. JohnC. Bullitt Mr. James Aylward Devrtin Mr. Duncan L* Buzby Mr. Samuel Dickson SU'BSaUVERS-CoatiKued. Mr. Hazard Dickson Mr. Joseph S. Goodbread Mr. Arthur G. Dickson Honorable James Gay Gordon Mr. Edwin S. Dixon Mr. James E. Gorman Mr. Joseph I. Doran Mr. John F. Gorman Mr. D. Webster Dougherty Mr. William Gorman Mr. Charles H. Downing Mr. Leo J. Gorman Mr. William Drayton Mr. James P. Goorley Mr. Henry S. Drinker Mr Francis I. Gowen Mr. Henry M. DuBois Colonel Charles S. Greene Mr. William F. Dannebower Mr. Joseph L. Greenwald Mr. George H- Darlington Mr. William Grew Mr. Warren G. Griffith Mr. Victor GuiUou Mr. Henry EL Edmunds Mr. Charles Francis Gummey, Jr. Mr. Adolph Eichholz Mr. John M. Garman Mr. Frank S. Elliott Mr. Lyman D. Gilbert Mr. George A. Elsasser Mr. H. H. Gilkyson Mr. Isaac ElweU Mr. WiUiam B. Given Mr. Rowland Evans Mr. Horace Pellman Glover Mr. Lincoln I,. Eyre Mr. James C Gray Mr. B. Frank Eshelman Mr, Norman Grey Mr. Montgomery Evans Mr. P. C. Evans Honorable Nathaniel Ewing Mr. Alfred R.Haig Mr. Henry W. Hall Mr. WiUiam C. Hannis Mr. Thomas A. Fahy Mr. E. Hunn Hanson Mr. Thomas A. Fenstermaker Mr. Thomas B Earned Mr. William C. Ferguson Mr. Avery D. Harrington Mr. George H. Fisher Mr. David C. Harrington Mr. Henry Flanders Mr. W. C. Harris Mr. Charles D. Fortio Mr. William F. Harrity Mr. William G. Foulfce Mr. Gavin W. Hart Mr. Roland R. Fonlke Mr. Charles Henry Hart Mr. Joseph C Fraley Mr. Thomas Hart, Jr. Mr. Henry R. Hatfield Mr. Charles Heebner Mr. Angelo T. Freedley Mr. Parker R. Freeman Mr. William S. Furst Mr. George Henderson Mr. Philip F. Fulmer, Jr. Mr William H. Futrdf Mr. J. Bayard Henry Mr. Morton P. Henry Mr. Edward J. Fox Mr. Max Herzberg Mr. Gilbert Rodman Fox Mr. Lather E. Hewitt Honorable Austin O. Fnrst Mr. Anthony A. Hiret Mr. Edward.Hopkinson Mr. Joseph Hopkinson Mr. Vivian F. Gable Mr. Samuel B. Huey Mr. Charles Boyd Galloway Mr. J. Quincy Hunsicker Mr. Henry E. Garsed Mr. Samuel M. Hyneman Mr. Joseph M. Gazzam Mr. E. H. Hall Mr. John H. Gefl Mr. J. Frank E. Hause Mr. Frederick J. Geiger Mr. William M. Hayes Mr. J. Howard Gendell Mr. George W. Heiges Mr. John S. Gerhard Mr. Isaac Heister Mr. Harry B.GiU Mr. J. Webster Hendersoa SUBSCRIBERS— CoHlinutJ. Honorable William U. Heosel Mr. William H. R. Lukens Mr. F. G. Hobson Mr. N. H. Larzelere Mr. Archie M. Holding. Mr. Andrew Albright Leiser Mr. William McPherson Homer Mr. William Penn Lloyd Mr. Charles W. Henry Mr. Milton W. Lowry Mr. Charles E. Ingersoll Mr. WillUmE MeCall, Jr. , Mr. John Mc Cliniock, Jr., Mr. Edward G. McCoUin Mr. John G. Johnson Mr. Joseph P. McCullen Mr. H. LaBarre Jayne Mr. Francis Mcllhenny Honorable Theodore F. Jenkins Mr. H. Gordon McCouch Mr. William F. Johnson Mr. Edward G. McLaughlin Mr. Howard Cooper Johnson Mr. Thomas F. McMahon Mr. J. Levering Jones Mr. John Blair MacAbee Mr. George Junkin Mr. Leo McFarland Mr. Joseph DeF. Junkin Mr. William MacLean, Jr. Honorable Edwin A. Jaggard Mr. C. H. McCauley Mr. Richmond L. Joues. Mr. Andrew H. McClintock Mr. Walter C. Janney Honorable Henry C. McCormick Mr. Seth T. McCormick Mr. Harry A. McFadden Mr. J. B. Kinley Mr. Robert McMeen Mr Samuel H. Kirkpatrick Mr. Edward W Magill Mr. William F. Kling iVlr. Andrew J. Maloney Mr. Edward W. Kuhlemeier Mr. Joseph Mason Mr. Samuel H. Kaercher Mr. Charles H. Matthews Honorable Wm S. Kirkpatrick Mr. Clinton Mayer Mr. Irwin P. Knipe Mr. Daniel B. Meany General W. H. Koontz Mr ,S. Edwin Megargee Mr. Robert A. Meier Mr. Leoni Melick Mr. John O. Lamb Mr. Joseph Mellors Mr. Charles A. Lagen Mr. George G. Mercer Mr. Joseph F. Lamorelle Mr. Thomas E. Merchant Mr. W. Moylan Lansdale Mr. William E Mikell General James W. Latta Mr. E. Spencer Miller Mr. Thomas Leaming Mr. N. DuBois Miller Mr. Frederick M. Leonard Mr. Albert L. Moise Mr. Julius C. Levi Mr. William W. Montgomery Mr. Francis A. Lewis Mr. Alfred Moore Mr. Francis D. Lewis Mr. Charles E. Morgan, Jr. Mr. John Frederick Lewis Mr. Randall'Morgan Professor William Draper Lewis Mr. Effingham B. Morris Mr. William H.Lex Mr. William Morris Mr. James H. Little Mr. W Norman Morris Mr, H. A. Little Mr. Thomas D. Mowlds Mr. J. Washington Logue Mr. Joseph W. Moyer Mr. Mayne R. Longslreth Mr. James T. Maffett Mr. Samuel K. Louchheim Mr. Henry C. Loughlin Mr. Bemjamin H. Cowry Mr. William Walter Lucas Mr. William D. Neilson Mr. William L. Nevin SVBSCR/BERS— Continued. Mr. H. S. P. Nichols Mr. George E. Nitzsch€ Mr. Henry Nunez Mr. James B, Neale Mr. H. C. Niles Mr. 'William H. O'Brien Mr. M. J. O'Callaghan Mr. Francis J. O'Conner Mr W. C. M. Oram Mr. S. Davis Page Mr. C. Stuart Patterson Mr. John W. Patton Mr. Morton Z. Paul Mr. J. Rodman Paul Honorable Edward M. Fazson Mr George Peirce Honorable Boies Penrose Professor Geo. Wharton Pepper Mr. Samuel C. Perkins Mr. Silas W. Prttit Mr. Horace Pettit Mr. Alfred J. Phillips Mr Sheldon Potter Mr. John Power Mr. Frank P. Prichard Mr. William S. Price Mr. Eli Kirk Price Mr. Edward F. Pugh Mr. Earl B. Putman Honorable Henry W. Palmer Mr. Max Pam Mr. Roswell H. Patterson Mr. S. R. Peale Mr. Francis Rawle Mr. W. Brooke Rawle Mr. Eugene Raymond Mr. John R. Read Mr Gustavus Remak, Jr. Mr. Waller E. Rex Mr. E. Clinton Rhoads Mr. Joseph R. Rhoads Mr. J. Howard Rhoads Mr. George P. Rich Mr. Frank M, Riter Mr. Owen J. Roberts Mr. V. Gilpin Robinson Mr John I. Rogers Mr. Emil Rosenberger Mr. Joseph G. Rosengarten Mr. P. Frederick Rdithermel, Jr. Mr. Horace M. Rumsey Mr. Louis Barcrofl Runk Mr. John G. Reading, Jr. Mr. James H. Reed Mr. John Samuel Mr. Joseph Savidge Mr Charles H. Sayre Mr. Edward S. Sayres Mr. Edwin F. Schively Mr. G. E. Schlegelmilch Mr. Charles S. Scbofield Mr. Edwin J, Sellers Mr. James C. Sellers Mr. George Sergeant Mr. William W Sergeant Mr. Edmund B. Seymour Mr. E. Cooper Shapley Mr. Charles J. Sharkey Mr. Frank R. Shattuck Mr. Albert B. Shearer Mr. Albert S L. Shields Mr. Frederick J. Shoyer Mr. Robert N. Simpers Mr. Alexander Simpson, Jr. Mr. Jacob Singer Mr. Alfred Percival Smith Mr. A. Lewis Smith Mr. Lewis L. Smith Mr. Walter George Smith Mr. W. Rudolph Smith Mr. Elias P. Smithers Mr. Charles L- Smyth Mr. Jacob Snare Mr. Frederick A. Sobemheimer Mr. Isaac N. Solis Mr. John Sparhawk, Jr. Mr. William H. Staake Mr. Heury P. Stitzell Mr. John M. Strong Mr. Martin H. Stutzbach Mr. W. Henry Sutton Mr. John J. Sullivan Mr. Charles M. Swain Mr. George R Sanderson Mr. William I. Schaifer Mr Robert Snodgrass Mr. Robert B. Staples Mr Russell C. Stewart SUBSCRIBERS— Contitiued. Mr. Joseph H. Taul9xie Mr. Thomas B. Taylor Mr. Henry C. Thompson, Jr. Mr. J. Whitaker Thompson Honorable Samuel Gustine Thompson Mr. Curtis Tilton Mr. M. Hampton Todd Mr. Charles C. Townsend Mr.'William Jay Turner Mr. Ernest L. Tustin Mr. Daniel K. Trimmer Mr. C. Berkeley Taylor Mr. Thad. L. Vanderslice Mr. Robert VoaMoschizker Mr. David 'Waller.'stein Mr. Henry F. Walton Mr. John S. Wallace Honorable Charles F. Warwida Mr. Francis Lincoln Wayland Mr. John Weaver Mr. Albert B. Weimer Mr. Carroll R. Williams Mr. Parker S. Williams Mr. Talcott Williams Mr. A. H. Wintersteeo Mr. W. Rotch Wister Mr. Owen Wister Mr. Otto Wolff Mr. Everett Warren Mr. I^ouis Arthur Watres Mr. John W. Wetzel Mr. George W. Wickersham Mr. Albert B. Williams Mr. J. Marshall Wright Mr. Robert E. Wright Mr. Joseph R. Wilson Mr. Isaac D. Vocutc General Committee Ciairmm, SAMUEI. DICKSON Chancellor of the Law Association of FhiladelphU TcasttMsUr, Hokorablb WII.I.IAM V. HBNSEI, TreasuriT. JOHN C. BEI/L Seerelary. WILLIAM DSAPSK LEWIS Wix %axo association of iPbilaOelpbia SAMUEL DICKSOX. CimceUor JOSEPH G. ROSENGARTBN SILAS W. PETTIT RICHARD L. ASHHURST ANGSLO T. FREEDLEY JOHN CADWALADER A. H. WINTERSTEEN SAMUEL W.PBNNYPACESK JAMES M. BECK Waz X'Svins^'e Club of ipbiladelpbta FRANCIS SHUNK BROWN, President JOHN R. READ ALEXANDER SIMPSON. Jr. WILLIAM H. STAAKS JOHN C. BEIX P. F. ROTHERMEL. Ja. GEORGE WHARTON PEPPEB EDWARD P. ALLINSON WILLIAM DRAPER LEWIS Zbe fi>enn0clvania 3Sat association LYMAN D. GILBERT, 'President VICTOR GtnLLOU P. C. KNOX WILLIAM U. HENSBL WARD R. BLISS ROBERT SNODGRASS HAMPTON L. CARSON JOHN a COLAHAN, Ja. WALTER GEORGE iSMITH Committees Commtttec on ]i3anauet and Decocationa WILLIAM H. STAAKE, Ciairmm JOHN R. READ VICTOR GUILLOn JOHN B. COLAHAN, Ja. A. H. WINTERSTEEN EDWARD P. ALUNSON Committee on Unvltations ANGELO T. FREEDLEY, Cbairmm FRANCIS SHUNK BROWN P. F. ROTHERMEL, jR. SILAS W. PETTIT JOHN C. BELL Committee on tToasts JOHN CADWALADER, Cbairmttn RICHARD L. ASHHURST GEORGE TUCKER BISPHAM ALEXANDER SIMPSON, JR. JAMES M. BECK Address of Samuel Dickson. 147 While the guests were assembling and during the banquet an orchestra, stationed in the foyer, rendered musical selections. The company being seated, Mr. Dickson arose and delivered the following introductory address : Gentlemen : — ^When Mr. Justice Harlan, His Excel- lency the Chinese Minister, and representatives of Oxford, Cambridge and Harvard Universities consented to deliver addresses at the opening of the new building of the Law School of the University of Pennsylvania, the Provost and Trustees felt warranted in inviting members of the Bench and Bar and of the universities and colleges throughout the country to be present; and when it became known how graciously this invitation had been acknowledged, the members of the Bar of this city and State requested that they might be allowed to ask those in attendance to be their guests this evening. We were fully aware that although it seems to have been, even in the days of Shakespeare, a custom of immemorial anti- quity for adversaries in law to strive mightily, but to eat and drink as friends, a dinner of this kind has never yet been made entirely satisfactory, but it may at least serve as a collective expression of goodwill and cordial wel- come and friendly regard, and as such we hope it will be accepted by our guests this evening. The members of our Bar highly appreciate the honor done to the Univer- sity and to the city by the presence and participation on this occasion of so many distinguished men, and they have planned and prepared this entertainment as a token, however imperfect, of grateful appreciation. In thus coming together, it is impossible not to have a new and keener sense of our community of interest in our common profession. We have here the representa- tives of sixteen law schools ; of the State judiciary from Massachusetts to Minnesota ; of the Federal judiciary having jurisdiction from the Lakes to the Gulf and from ocean to ocean ; and of the great historic universities of 148 Address of Samuel Dickson. England. But although process runs in a different name in each different jurisdiction, the system of jurisprudence is, in its main features, substantially identical in every forum represented here to-night. For this inestimable advantage, the people of the United States are mainly indebted to the lawyers of the United States, and prima- rily and chiefly to those who so instructed and controlled public opinion, from the beginning of the controversy with Great Britain, that the War of the Revolution was conducted throughout as one of self-defense for the pre- servation and protection of the constitutional rights and privileges of the colonies. In making the contest upon these grounds, they were following precedents with which they were familiar in English history. The conservatism of the race has always, except in the case of the Commonwealth, pre- vented any violent break with the past, and Dr. Arnold has well said that it is the blessing of English history that its " days are bound each to each by natural piety," and that the continuity of the national life has never been severed. The American lawyers of the last century were as resolute as the English statesmen of 1688 in their determination to hold fast to all that was good, and at the very time of renouncing allegiance to the English crown, they renewed their allegiance to the common law of England. The part taken by lawyers in framing the Federal and State Constitutions has been a frequent theme of commendation by the commentators and courts, as nota- bly in the address to which we had the pleasure of listen- ing last evening, but, so far as I know, nothing has been said of the great service done by the lawyers of the Revolution in carrying over the everyday law of the people, nor of what has since been done by their succes- sors down to the- present, to make it what it now is. A brief mention of a few familiar facts will recall to your minds something of what has been done by the profes- Address of Samuel Dickson. 149 sion during the last century and a quarter in this behalf, and, at the same time, conduce to a better understanding of the significance of such a gathering of American lawyers as this. It had long been the fashion to speak of the common law as the birthright of Englishmen. In the preamble of the Act of the General Assembly of Pennsylvania of 1718 it was recited that " it is a settled point that as the com- mon law is the birthright of English subjects, so it ought to be the rule in British dominions " ; and in 1722 it was said by the Master of the Rolls to have been determined by the Lords of the Privy Council, " that if there be a new and uninhabited country found out by English sub- jects, as the law is the birthright of every subject, so wherever they go they carry their laws with them." This view was generally accepted, with the qualification that' the colonists carried with them only so much of the law of the mother country as might be found applicable to their condition in the new. In fact, therefore, each colony had gradually built up a common law of its own, adapted to its peculiar wants, which differed in many respects from the original, and from that of the other colonies. There were few edu- cated lawyers on this side of the Atlantic down to the latter half of the eighteenth century, and no book gave an adequate and easily intelligible statement of the prin- ciples and rules of the common law till the appearance of Blackstone's Commentaries. The settlers were chiefly engaged in tilling the soil, their hands were seldom idle, and in their simple and primitive lives they had little need of the refinements of the law. What they prized was the liberty to govern themselves in their own way, to manage their own affairs, to follow their own customs, and to assert and maintain the personal independence of the individual ; and above all, they valued the guarantees which have always made the common law the bulwark of the liberty of the people. ISO Address of Samuel Dickson. It is probable, therefore, that in claiming the common law as their heritage, they were using language to which they did not always attach any very clear and distinct meaning ; but beginning with the year 1 760, a brilliant group of young men, no less than one hundred and fifteen in number, chiefly from South Carolina, Virginia, Mary- land, Pennsylvania and New York, crossed the ocean to become students in the Inns of Court. Most of them became conspicuous in the great debate which followed their return, and among them were most of the men who became the leaders of the Old Bar of Philadelphia. From their political writings, and from the scanty summaries of their arguments preserved in the reports, and from the opinions of those of them who sat upon the Bench, we still continue to find satisfactory proof that they would have been learned and accomplished lawyers in any court of any day ; and when they spoke of the common law, they meant by it what the term means now. No more glowing and discriminating panegyric upon the common law was ever pronounced than by Judge Wilson in the lectures which he delivered in 1 790 before the Law School , of the University. It cannot be doubted that it was their influence which led to its formal adoption by the several States soon after the Declaration of Independence. At the first session of 1776-7 of the General Assembly Pennsylvania under the new Constitution, an Act was passed continuing all laws previously enacted, together with the common law, and such of the statutes of England as had theretofore been in force, except as specially excluded. Similiar action was taken in other States, and by constitutional provision, by statute, or by judicial declaration, the common law was made the basis of the legal system in all of the thirteen States. It was, of course, the modified system in each colony which became of binding authority in the new State, but fortunately, the Commentaries of Blackstone of Address of Samuel Dickson. 151 which the first volume was only published at the end of 1765, had been completed in time for an edition to be published in this city in 1 771-2, and, as Burke pointed out in his speech in favor of conciliation with the colonies, more copies had been sold in America than in England itself, and it is estimated that at least twenty-five hundred copies had been sold here before the Revolution. No single agency did so much to bring about a substantial uniformity in the common law through- out the country, but by the adoption of only so much of the system as was in force at the date of the Declaration of Independence, it became a question for the courts, in each case, to determine whether the original rule had been introduced or superseded. This compelled the con- stant consultation of that great repertory of wisdom, which had been accumulated during the past centuries of English history, and which was recorded in the English reports, from the Year Books down ; but, what is of greater value, it preserved and transplanted those seminal principles of growth by which the common law had come to be what it was, and by which it was to adapt itself to the wants and usages of a free people during all the centuries which were to follow. They thus retained the right of free access to the great body of decisions through which the system had slowly broadened down from precedent to precedent, while reserving the power to modify and change so as to suit the varying conditions of an active and vigorous people, rapidly expanding and developing in a new country. Hence, the law which really comes home to men's business and bosoms in ordinary times of peace and order, and which governs them in all the relations of private life, in the family, and in society ; by which they owned or conveyed or devised their estates ; by which they made or rescinded or enforced contracts ; and by which every-day affairs were managed and conducted, continued just as before. The presumption was against any change 152 Address of Samuel Dickson. having been made, and the burden was on him who as- serted its existence or necessity. No men are more wedded to precedent and more averse to innovation than lawyers, on or off the Bench ; but there never was any hesitation in recognizing an accomplished change in the habits and usages of the peo- ple, or a substantial distinction between the natural condi- tions here and abroad. Numerous modifications have therefore been made to bring the law into accord with the character and spirit of our institutions, and it may be fairly and justly claimed that both in retaining what was old and in welcoming what was new, the lawyers of this country have always acted in accordance with the precept of Bacon — " to take counsel of both times, of the ancienter what is best and of the later times what is fittest ; to re- form without bravery or scandal of former times, yet to set it down to ourselves as well as to create good prece- dents as to follow them." Every lawyer will recall the changes which have been introduced into the law of his own State, and, by way of illustration, reference need only be made to such familiar instances in Pennsylvania as the disregard of the rule which rendered seizin in the grantor necessary to the validity of a conveyance of land ; the rejection of markets overt ; the law of the waygoing crop ; the law of the road, of fences, and the like. Some or all of these find a parr allel in other States, but one is of peculiar interest as illustrating how substantially the same question has been successively dealt with as it first arose on this side of the Alleghenies, and finally presented itself upon the Pacific slope. From an early day, the navigable fresh- water rivers of Pennsylvania, though not tidal, had been declared public highways, and hence the old common-law rule as to the rights of the riparian owner was rejected. A simi- lar view was finally adopted when the scope of the ad- miralty powers of the courts of the United States was Address of Samuel Dickson. 153 extended over navigable rivers and the great lakes; but the most striking example of the capacity of the common law, as a system of living principles, to adapt itself to the needs and facts of a vivid and vigorous life under new and stimulating conditions, was furnished by the manner in which the miners of California made a common law of their own. They drafted and adopted their own rules and regulations for each camp, and they claimed and exercised the right to appropriate and divert and consume the whole or part of any'stream, and to assert the ownership of the water as against all the world, without any obligation to return it to its channel. When these rights had ripened into a coherent scheme, they were recognized and rati- fied by Act of Congress, but they revealed the capacity of men reared under " the hardy features of personal in- depence," fostered by the common law, to frame a form of government in an emergency, which courts and leg- islatures found it impossible subsequently to improve upon. Thus it is that the people of this country, but chiefly its lawyers, have been engaged in building up a system which may now properly be termed the American com- mon law. With patient and laborious research into the records of the past ; with careful comparison between the conclusions reached in contemporaneous courts ; by earnest and thorough discussion of every question of principle or of public policy, the members of our profes- sion, each in the courts of his own State, are steadily and surely building up the great fabric of American law — the wide arch of the rang'd empire. Not less, but in some respects more important, are the labors of men like those of Oxford and Cambridge who have lately written a history of English law before the time of Edward I., so thorough and complete as to make the profession in every English-speaking country their debtor, and who have taught us how better to value the work done at home, by the estimate they have put 154 Address of Samuel Dickson. upon it, when they say, els they do, that "when the ground has lately been occupied by a Holmes, Thayer, Ames, or Bigelow, they pass over it rapidly from a desire to avoid what they should regard as vain repetition."* They thus, in their turn, are perpetuating and making- available all , that is valuable in the past and helping to diffuse a scientific spirit among those engaged in the practice and exposition of the law, while those who are brought by their daily avocations into direct contact with the life of the people, and are compelled to deal with the average man as client or juror, are forced to study the practical outcome and to put every proposed improvement to the test of experience. We may, therefore, justly regard ourselves, gentle- men — all of us, from the youngest tyro among those who united in tendering this entertainment, to the most dis- tinguished of our guests^as fellow-workers in a common cause, each making some contribution to the common stock of legal doctrine, which is to be the most precious possession of the American people so long as the Repub- lic shall endure, and to which may be fitly applied the words with which Goethe described Venice, " a grand, venerable work of combined human energies ; a noble monument, not of a ruler, but of a people." At the close of his address, Mr. Dickson presented Mr. William U. Hensel as the toastmaster of the even- ing, who, in a graceful speech, assumed the duties of his position. The first toast was " The Memory of Washington," which was drunk standing and in silence. Mr. Hensel * When one reads that sentence and thinks of the place which the monumental work of Sir Frederick Pollock and Professor Maitland has already taken, and is sure to hold so long as the English law is studied, he cannot help recalling Thackeray's comment on Gibbon's allusion to Fielding : "To have your name mentioned by Gibbon is like having it written on the dome of St Peter's. Pilgrims from all the world admire and behold it." Response of George Gray. i 55 next proposed "The Judiciary," which was responded to by Hon. George Gray. Judge Gray spoke as follows : Mr. Toastmaster : I will not presume, with my small experience on the Bench, to respond for the Judiciary. In the few words that I shall utter I shall attempt to speak only o/"the Judiciary. It would be a fruitful theme, indeed, were one permitted to dwell upon the relation of the Judiciary and the Judicial systems of our country to its growth and civilization. No fact stands out more prominently, even to a superficial observer of the history of English speaking peoples, than the important part performed by the Judiciary in the development of that history. It is not a hasty or ill founded generalization to say that the freest countries in the world — the countries where the largest individual liberty co-exists with the greatest security for public order — are those in which the judiciary are held in highest esteem and exert the widest influence. And it needs not to be said that those are the countries in which the mould and vehicle of free thought is English speech, and the accent of liberty is taught by an English tongue. We are compelled to conclude that it is a part of the instinct of our race and blood to achieve liberty regulated by law by those means which prove most efificient for that purpose. If justice is the chief concern of government, the in- strumentality by which it is administered must always be of the first importance. Our ideals of individual liberty, and of national and community freedom, which underlie all our municipal law, have their beginnings far back in the history of our race. With their growth and develop- ment have grown and developed our conceptions of the judicial establishment and the proper powers and func- tions of a free and independent judiciary. I am recalled, in speaking of this subject, to an elo- quent passage in John Richard Green's '• History of the Making of England." I have a copy of it, and will yield to the temptation of reading it in this connection. He says. iS<5 "The Judiciary." in speaking of the town moot, in the early history of the peoples from whom we sprang : " It is with a reverence such as is stirred by the sight of the headwaters of some mighty river that one looks back to these village moots of Friesland or Sleswick. It was here that England learned to be ' mother of parlia- ments'. It was in these tiny knots of husbandmen that the men from whom Englishmen were to spring learned the worth of public opinion, of public discussion, the worth of the agreement, the ' common sense,' the general conviction to which discussion leads, as of the laws, which derive their force from being expressions of that general conviction. A humorist of our own day has laughed at parliaments as ' talking shops,' and the laugh has been echoed by some who have taken humor for argument. But talk is persuasion, and persuasion is force, the one force which can sway freemen to deeds such as those which have made England what she is. The ' talk ' of the village moot, the strife and judgment of men giving freely their own rede and setting it as freely aside for what they learn to be the wiser rede of other men, is the groundwork of English history." And so it has come to be, that the common sense and best sense of every community, the conviction that has come from the crucible of discussion and contention, satisfying the awakened conscience and most enlight- ened judgment of the day, is voiced for us and for all English speaking people, from the judicial tribunal. Small wonder, then, that, from the beginning, there was required of those called to this high function a more than ordinary equipment of learning and of character. Doubtless in those beginnings the judg- ments and the personnel of the Bench partook of the rudeness of the times, but they both reflected what was best and most robust in the society of the day, and the development and improvement of both went hand in hand with the growth of civilization and the amelioration Response of George Gray. 157 of manners. And so our judiciary of to-day is the develop- ment, the fruition, and the perfect flower of the growth of the race to which we belong. It was because free institu- tions were in the blood and bone of those from whom we descended that we have them now, and, if God is willing, we will preserve them by the same means that we have always preserved them, by a brave, learned and inde- pendent judiciary. It is in declaring and expounding that great body of the law that lies outside of express legislative enactment, that our courts have performed their most important ofifice, and have been enabled to exemplify and give articulate expression to the growth of the law. This is sometimes irreverently called " judge- made law," but it is only the voicing of the higher moral- ity and the broader humanity of the time in which they speak. It is after this fashion that " the law of the land," in its best and highest meaning, has become our inheri- tance, and that the muniments of freedom and individual liberty have been measurably placed beyond the reach of hostile legislation, executive power, or the encroachment of dominant majorities. It is this high meaning that the time-honored phrase, " the law of the land," has had since the days of " Magna Charta " down to the present time. Institutional freedom and the fundamental per- sonal and political rights which may not be infringed, are to-day the peculiar care and highest trust of the judiciary — State and National. It is in the preservation of the rights, which were not the concessions of govern- ments, but which governments were formed to protect, that our courts have performed their highest functions. It was an appeal to this " law of the land " that made resistance to the tyranny of English monarchs successful where with other people it failed, and it is this, the "law of the land," which to-day is our best security against the despotism of power, whether democratic or pluto- cratic. iS8 "The Judiciary." Usurpation, whether striking through the forms of legislation or through unauthorized executive power, finds this barrier, and behind it a judiciary ready to defend and maintain it. The institutional freedom of a country can have no safeguard so reliable, no protection so strong, as that of a courageous, learned and indepen- dent judiciary. It is the sentiment inborn in a people, that prompts it to resist tyranny, but no weapon was ever forged for freedom's hand, that has been so potent in the resistance of tyranny and the conservation of indi- vidual liberty, as that found in the judicial system that forms itself in an English speaking community. Brave men in other lands have resisted oppression with superb self-devotion, have shed their blood and sacrificed their lives to achieve a temporary victory, but they have often fallen back and failed to garner the fruits of victory from the want of the instinct that has been given our race to maintain as the " law of the land " the sacred principles of individual freedom, through the instrumentality of a judiciary, whom no power could awe or forces of corrup- tion seduce. No battles for individual freedom have been more important in their results — indeed, I may say, none have so permanently enlarged the area of human freedom — as those that have been fought by lawyers in the judicial forum. It is counted as one of the chief glories of our pro- fession, that the constant contention carried on by legal minds over fundamental principles, has so fashioned and tested them, that they have become, as it were, stones fitted by judicial hammer and chisel into the enduring fabric of our liberties. What I wish to impress in this connection is, that our judicial system is a growth and development of the civilization of our race, and was not struck out by the hand of man at one blow from the mint of his logical faculties. The judiciary has become an important part of our governmental system, because we cannot do without it. We do not know how to do with- Response of George Gray. 159 out it. And the capacity of the people for self-govern- ment may well be tested by their readiness to accept and recognize the necessity for judicial tribunals, and their willingness to abide by their decisions fairly made. The integrity of their judiciary, I may safely say, is very dear to all American communities, as it is to all English- speaking communities everywhere. We delight to honor them. The Supreme Court of the United States has been, through all our history, the pride and ornament of our Federal Government. Without it, all will agree that it could never have been successfully carried on — nay, it could hardly have survived the first decade of its exist- ence. Its career has been illustrated by the splendid intel- lects, exalted character, civic courage, and great learning of its members. The "great Chief Justice" was only primus inter pares, and Taney and Chase and Waite were worthy successors of Marshall; and the names and fame of Storey and Nelson, of Clifford and Miller, of Field and Bradley, to speak only of the dead, belong not only to the Bench, but to the profession which they adorned and honored. Thrice happy the people that can point to such a heritage of courage and character in high place, and thrice happy will, they remain, so long as they prize that heritage, and value the institutions which it adorned. Every man who loves the Republic, who cherishes high hopes for humanity, who hates anarchy, and loves liberty, will give his best efforts and highest endeavor to guard and maintain this great tri- bunal, as the best means of securing the blessings of liberty to ourselves and our posterity. Its long history is not only stained by no crime, but the brightness of its escutcheon has not even been dimmed by unworthy compliance with the behests of power, or by any swerving in the path of duty, when pressed by the *' civium ardor prava jubentium." Individual liberty has been safe in its keeping, and the integrity of our dual i6o "The Judiciary." system of government has been maintained when angry partizanship would have wounded or destroyed it. It has made a democratic republic possible by giving legal expression to the sometimes incoherent cries of free- dom, and by crystallizing into law what is held in solu- tion, as it were, in the best and highest thought of the time. In its serene presence, the agitation of a turbulent democracy becomes a healthy alternative for political stagnation, and we can safely prefer the yeasty waves of freedom to the calm sea of despotism. I have spoken thus far of the growth of a judicial system which has been largely common to this country, and that from which we derived our common law and much of our institutional freedom, but, in this presence, it cannot pass without notice that our Federal and State judiciary have, in a way peculiar to our own conditions, had a co-operative development and growth of their own. All that has been said of the Federal Supreme Court can be well applied to the Supreme Judicatures of the several States. Charged with the administration of the law and the practical realization of justice between men in their everyday life; charged with the enforcement of rights and the remedying of wrongs that grow out of the daily contacts of men in the pursuit of business or of pleasure ; supervising all the most intimate relations of life, the great body of our jurisprudence has been moulded under their direction, and has grown and been developed by their forming hands. But I have only time in this connection for a single thought, and that is that in this country, owing to the happy chance that our separate colonies grew into sepa- rate States, each endowed with a sovereignty, which is only qualified by the formation of a general government to which enumerated powers have been delegated, there has been an opportunity for the realization of a local self- government, which theretofore and in other lands has only been the dream of political philosophers. In other Response of George Gray. i6i lands its attainment has been attempted by a distribution of powers by a central government down through the communities which were the creation of such govern- ment, and were dependent upon it for their existence ; while here it has, like all enduring institutions, been the natural product of time and circumstance. The right of local self-government is inherent in the sovereignty of each State, and depends on no power extraneous to itself, and looks to no great central authority except for its guaranteed protection. The States, one and all — the smallest as well as the greatest — stand on the firm ground of their equal sovereignty, as all being charter members of the great corporation of American liberty. We share in the feeling of exaltation that must have filled the breast of the Apostle Paul when, under sentence to be scourged, the Chief Captain came unto him in great haste, and said unto him : " Tell me, art thou a Roman ?" He said yea. And the Chief Captain answered, " With a great sum obtained I this freedom." And Paul said, "But I was free born." One observation appropriate to this occasion, which I wish to make, is this, that this separateness of the States, each with its independent judiciary, has developed a comparative jurisprudence of which there is no other example in the world. Experiments in government have thus been enabled to be localized, and while one State takes a tentative step, the others can and do stand by to observe and watch and record the result for the benefit of all. The tentative step sometimes proves an advanced step, which is thus safely taken without shock or disturb- ance of public feeling or existing institutions. A certain healthy rivalry and competition between the States have resulted, and have done much for the common advance- ment of all. And it must also not remain unsaid that through the discussions had in our State courts and the well considered judgments of State tribunals, no less than in the Federal courts, our dual system of government has 1.62 " The University of Oxford." been brought to work harmoniously, so that State and national government, each in its own orbit, without clash or obstruction from the other, have made the experiment of our constitutional government a grand and over- whelming success. It is such law that challenges the study of the most cultivated minds, and the loyalty of the most patriotic hearts. It cannot be taught by rote. All philosophy, all science, and all the best that human thought has achieved in its pursuit of the truth, are drafted into its service, and contribute to the building of its temple, always growing in beauty and in use, but never completed. Here on this auspicious occasion we hail the noble University that is giving increased facility for such study of the law, and inviting in increasing numbers our ingenu- ous youth to enroll themselves among its votaries. Here, in the years to come, will young Americans throng to study the growth, and learn the principles of this great science — not as a means of sordid money getting, but with the enthusiasm, ardor and elevation of spirit that belong to the higher planes of human endeavor, and to the unselfish desire to benefit their country and mankind. Here they will learn the law "whose seat is the bosom of God, and whose voice is the harmony of the world." " The University of Oxford " was the next toast pro posed, in response to which SiR CHARLES Arthur Roe spoke as follows : Mr. Chairman and Gentlefnen : On behalf of the University of Oxford I thank you most heartily for the manner in which you have received this toast. You have expressed the pleasure of the Uni- versity of Pennsylvania and the Law Societies of Philadelphia at receiving a representative of Oxford. I can assure you most sincerely that Oxford had Response of Charles Arthur Roe. 163 no less pleasure in sending one — and that I myself am more than pleased that she sent me. The Republic of Learning is even greater than your own great Republic ; it knows no distintion of parties, or even of nationalties. From the infancy of that Republic it has been the custom for members of one University to visit sister Universities, and whether they did so in a representative or in a per- sonal capacity they always received a hearty welcome. The hospitality extended to them may seem poor indeed when compared with what you have so generously lavished on us — but it resembled it in this, that it was the best the entertainers had to give, and it was given heartily. Although the teaching of an University extends over many — if not all — branches of knowledge and science, the teaching of Law has ever held a foremost place in the Course of Study. It is the opening of its magnificent new buildings for the Law School which the University of Pennsylvania has been celebrating yesterday and to-day, and our hosts to-night are the representatives of those who put teaching into practice. In the papers which have been read in the course of these two days the question has been discussed whether a course of University study — or of what is called practical training in a lawyers office — is the better preparation for those who intend to follow the law as a profession. The surroundings, amidst which I have for some years past been engaged in the administra- tion of the. Law in India, differ widely from those of England and America ; but I have also, as Vice-Chan- cellor of the University of the Punjab, had a good deal to do with the formation of Law Schools and courses of teach- ing, and my opinion — which^Js, I think, that of Indian Judges generally — is that, although office experience is undoubtedly necessary before actual practice is com- menced, it is in the highest degree desirable, if not essential, that it should be preceded by a course of thorough and systematic study of the principles of Law. It is the prin- ciple — and above all the spirit of the Law of England— 164 "The University of Cambridge." the principle that no man shall be condemned without a fair trial, and the resolve to do justice between man and man, or bodies of men, which is the common inheritance of all English speaking races throughout the world, which constitutes what is really valuable in Law — and the prin- ciple and point we can all unite in upholding, whether our duties lie in the Lecture Room, on the Bench or at the Bar, and whether we are called on to discharge them in America, in Europe or in Asia. Mr. Gerard Brown Finch in response to the toast " The University of Cambridge," said : On behalf of the University of Cambridge I thank you for the cordiality with which you have received this toast. It has been a pleasure to me to realize the respect and affection with which the old Universities of England are regarded by the people of this country. But the regard is not one sided ; and I wish I could adequately convey to this great assembly the cordiality with which the University of Cambridge accepted :rthe invitation to take part in your rejoicings on the[|successful accomplish- ment of this long wished for and most important project. The University of Cambridge would gladly have sent one of its most distinguished sons, a Judge of the Court of Appeal, but he could not be'spared. I venture, however, to say that my friend. Sir Robert Romer, though bringing greater dignity and ability, would not have brought a greater or more sincere goodwill than mine. In drinking to the welfare of my University you naturally ask how it fares with it in the sphere of work and duty. Does it aid in the advancement of learning ? Is it assiduous in the pursuit of truth ? To these questions I can give you an assuring answer. Never was the University of Cambridge doing so Response of Gerard Brown Finch. 165 much and such useful work for science or letters as it is doing to-day. But how does it stand in relation to the workers in those arts, the underlying principles of which it investigates ? Is there any bridge between our scien- tists and the industrial workers of England ? I am glad to say that the need of this bridge is felt. The remark- able growth and the high status of the Medical School afford an answer on one side of the question ; and the establishment of the School of Engineering under the most able direction of Professor Ewing, and the recent creation of a Professorship of Agriculture afford an answer on another. With regard to the importance of good relations between the peoples of Great Britain and the United States, of which I have heard so much since my arrival here, I personally feel no solicitude. Substantially and in the main we are one people. We have the same ideals. We are alike in our love of freedom and justice. We have the same Common Law, which is at once an ema- nation from and a moulding force of our race. There is thus a fundamental harmony between the two peoples. Quarrels may confuse this harmony for a time, but it is an abiding influence. In one of Wagner's great compositions there is a majestic, solemn movement, representing, it might be, the harmony that is in immortal souls. Then sounds of strife and discord, angry and petulant, are heard. But all this time the stately, solemn movement goes on. So it is in the relations of the two peoples. There has been strife ; angry contention is sometimes heard. They are but as the discords in Wagner's great work. They do not affect the stately march of that great underlying music, that brings all into harmony with itself. Mr. Chairman and Gentlemen, I return you my sin- cere thanks for the manner in which you have drunk the health of the University which I have the honor to represent. 1 66 '.'The University of Pennsylvania." Mr. Hensel next proposed " The University of Penn- sylvania," which was responded to by Mr. George Wharton Pepper. It is a graceful recognition of the place of the University in this community that a toast in her honor should be proposed on this occasion. As you drink to her health I am glad to report that she is well — that she is a hundred and sixty years old, but strong and vigorous and in full possession of all her various faculties. This is not a litde wonderful ; for one would have expected that under the influence of the college faculty she would have dried up long ago ; that the Medical Faculty would htive completed her destruction, and that the Law Faculty would even now be quarelling over her estate. Fortunately, this is not the case. Vigorous and healthy as she is, she is giving birth each year to new generations of vigorous and healthy sons (and now and then a daughter or two), and is the only person in the community who realizes the ambition expressed the other day by a small boy of my acquaintance, who said to his mother, "Mamma, when I grow up I'm going to have three hundred children." "What are you going to do?" she asked, " Adopt a Sunday School ? " " No, sir," he replied^ " I'm going to born 'em all myself." Our Alma Mater " borns them all herself." She individualizes them and watches over them with protecting care. She responds to your call with vivacity and begs to assure you that she will live and work ■ and grow as long as this great community continues to exist. Much has been said yesterday and to-day of the University's work in law. To this I can add nothing. I propose to speak of her activities in other fields, and to place before you a conception of her relation to the com- munity in which we live. Like other institutions, the University of Pennsylva- nia has passed through periods of conspicuous public service and periods of relative obscurity. At all times» Response of George Wharton Pepper. 167 however, her work has been carried steadily forward. At no time, perhaps, has she claimed a larger share of public attention than during the early days of her history in the last century. Philadelphia was then the metrop- olis. The President and the Congress were here. Com- mencement day was an event of public importance. President Washington attended and received his LL. D.; Dr. Franklin was much in evidence, watching over the institution in the founding of which, he had taken so deep an interest. Then, as now, generous and public spirited citizens gave abundantly in response to her ap- peals. In the presence of our distinguished guests from the mother country, it is interesting to recall the fact that George the Third was a liberal patron of the institution, and that the] then Archbishop of Canterbury, as well as distinguished dissenting divines, pronounced their bless- ing upon the institution whose Provost, Dr. Smith, was himself the holder of a degree from Oxford University. It is also interesting to remember that throughout the University's history, cordial personal relations have been maintained between members of her Faculties and of her Board of Trustees and the scholars and literary men of old England. The sons of the University are not concerned with the question of her relative rank among institutions of learning. There can be no such thing as rank in the world of culture. It is enough for them to know that her work is worthy — enough to observe that each year she is rendering greater services to the community — enough to note in the long list of those who are spread- ing her fame, such men in the College Faculty as Barker and McMaster, and Patten and Fullerton, and Learned and Doolittle, and Hilprecht and Jastrow — and to see such men in the Medical School as those who are carry- ing on the work of Agnew and of Leidy ; and to perceive that the teachers in the Law School catch inspiration from the scholarly achievements of him who is still with 1 68 " The University of Pennsylvania." us as a professor emeritus — our revered and well-beloved Judge Hare. The University of Pennsylvania, my friends, was the first American University to confer de- grees in medicine ; the first among surviving universi- ties to give instruction in law ; the firs"t to plan and organize the graded college curriculum which, for a century, was the basis of instruction in our American colleges, the first to establish a school of finance and economy, and the first to establish a school to investigate the laws of health. It is you who have done these things. All of you, whether you are sons by birth or adoption, have a part in this work. We must see to it that in the future even greater things are done than in the past. There is no way in which you can render a greater ser- vice to your community. Bear with me a moment while I speak of the relation between the University and the community. In old times universities were not always ministers of progress. They were not always found on the side of science. They often espoused the cause of the classes against the masses. They were beholden to rich men. Brains were enlisted on the side of defending existing abuses instead of remedying them. Thank God, there has been a gradual declaration of independence on the part of many of our American universities. To-day they stand forth as champions of the truth. They receive liberal gifts, but by common consent the gifts carry with them no recipro- cal obligation to the wealthy donors. University profes- sors are not, and must not be, hampered in their work of investigation. It is a sad day when their teachings are revised on the ground of heterodoxy. Their positions must be secure even if they controvert an accepted rule of Greek grammar or insist upon a revision of an accepted view about the date of a Biblical event, or venture to preach and to teach a method of legal education which is not precisely the same as that which has given us the Nestors of the bar. The University must recognize truth Response of George Wharton Pepper. 169 as the ultimate test of all things. She must not stoop to set her mint-mark upon an untruth, or strive to carry it through by the mere force of her authority. It used to be said that University training unfitted students for the work of life. Very few people would seriously make that contention to-day. Those who do are usually the people who forget that a man's life is not all lived in the counting house — that part of his work con- sists in facing and solving the great problems of the Here and Hereafter — that he is bound to serve his com- munity as an intelligent and public spirited citizen, and to lend the weight of his character and influence to the conduct of public affairs. Such a man is a practical man in the truest sense. He will be ready for all the emergen- cies of life. You will never catch him off his guard. Probably the revivalist had a university training of whom the story is told that he depicted the terrors of hell in lurid colors and warned , his hearers that in hell there should be weeping and gnashing of teeth. An old lady in the front row quickly responded, "That doesn't apply to me — I have no teeth." " Madam," he said with commend- able readiness, " teeth will be provided." No, my friends, university men are not the unpractical men. Their train- ing has taught them that if the world is to become better they must pitch in and work for the great result. The unpractical men are those who fondly imagine that the world is to be reformed by eloquent and copious denun- ciation of those who are sweating in life's struggle ; who think that they are serving their country when they pass scathing resolutions condemning the policy of the admin- istration in dealing with a situation which they themselves would make a hopeless mess of — who suppose that attacks on individuals and the use of unkind and untrue and disrespectful language about the President and his advisers are useful contributions to the solution of the problems which we have in hand. Some of them, I believe, are holding a meeting in a neighboring hall 170 "The University of Pennsylvania." to-night. To-morrow you will see the account of their proceedings in the papers. Do you suppose you will find therein any helpful or practical or constructive suggestion? Not a line — not a word — not a syllable — not an inarticulate attempt to utter a helpful syllable. These people might well learn a lesson from the helpful suggestiveness of a University man who was appealed to by a lady sitting next him at a luncheon. " Oh, sir," she said, " I have just dropped an egg on the floor ; what shall I do ? " — to which he promptly responded, " Cackle, Madam, cackle." The duty of the University to the Community is something intensely practical. It is to hold aloft an ideal of education and culture and to strive to realize that ideal in the person of its graduates. The community has a right to subject university men to searching criti- cism. But it must not be perverse and unintelligent criti- cism. The University does not pretend that every graduate in Arts is a ripe scholar or that every M. D. is an experi- enced practitioner or that every graduate in law is a storehouse of legal information. The University in the course in Arts aims to give a rounded development to a young man's mental, moral and even physical nature ; to take the conceit out of him ; to drive him ihto the posi- tion of a learner ; to give him an enthusiasm for the in- tellectual life. The Law School aims to train a man to think like a lawyer, to catch the spirit of the law's devel- opment, to analyze an authority and to determine its significance, to grasp the relation of our law to our political and economic development. If this is accom- plished he may be trusted (without further aid from the University) quickly to perfect himself in details of prac- tice and to ascertain by inquiry when it is that jury trials are held in Perry County and whether in Venango a mortgage is discharged by an Orphan's Court sale. University students must be in earnest. There is no place for triflers. The University authorities would not deal lightly with the youth who composed this epitaph Remarks of Francis L. Patton. 171 for his own tomb: "An indulgent son, ambitious for his father, he was patient in the pursuit of pleasure." Your pardon for so long a speech. The subject and the occasion carry me out of myself. I shall not have failed in my purpose if I can convince you that the Uni- versity of Pennsylvania realizes the weight of the respon- sibility which is laid upon her in virtue of her glorious past and her opportunities for a still more glorious future. Realizing her responsibility is the first step towards the discharge of it. We are assembled together to signalize the visible result of her effort to do her duty in one of her many fields of activity. Gentlemen of the Philadel- phia Bar, I know I speak for the Provost when I say that you have made the Law School Building a possibility — a reality. You and the rest of the community occupy a similar position toward all the departments of the Uni- versity's work. Give her, my friends, your sympathy, your affection, your support. Stand by her in times of adversity. Rejoice with her in this season of prosperity. So shall you encourage her in her patient search for ulti- mate truth and strengthen her in her ceaseless struggle for a larger measure of culture and of light. The Toastmaster here departed from the printed program to call on Dr. Francis L. Patton, President of Princeton University, for a few remarks. President Patton spoke briefly on the relations of the theological and legal professions, and dwelt on the obliga- tion of the American Bar to the universities of the world for the work done by them in fundamental jurisprudence. "We have come to-day," he continued "to an era when the prevailing question is the social organism. There never was a time when we felt so much that the proper study of mankind is man. We must now consider the relations in which we stand to others, and make the practical application of the moral law in studies of the moral and social relations among new peoples. 172 "The American Lawyer." " I congratulate the University of Pennsylvania upon its work. I go home jealous to the last degree of your splendid position. I am ambitious that in time soon com- ing we may rival you in the establishment of a law school on these same lines, and with something like the same kind of equipment." To the toast " The American Lawyer" Mr. John E. Parsons, spoke as follows : Many here, no doubt, are familiar with the inscrip- tion over the principal portal of St. Paul's Cathedral in London, which commemorates the architect of the build- ing, Sir Christopher Wren, Si moniimentum requiris^ circumspice. If you would seek his monument behold, the toast "The American Lawyer" to which I am to re- spond here answers itself. The American Bar can furnish no more representative assemblage than is gathered to- gether in this place. All that is illustrious is represented by my brothers of the profession and by the distinguished judges who have graced this occasion with their presence. If one would know about the American lawyer, here are illustrations. Study their careers. Become familiar with their characteristics. To such I can say little, if anything, which does not come to your minds when you consider the noble science to which you have devoted your lives and recall that the history of the profession to which you belong goes back to the remotest antiquity, and that in its membership have been enrolled names of the most useful and distinguished men of ancient and modern times. It is essential to the regulation of society that there shall be a system of law and that it shall rule and regulate the transactions of men ; furnish security and protection ; to which all, rich and poor, high and humble, may appeal with full confidence that by it their rights will be protected and their wrongs redressed. The law is superior to force. It is stronger than the caprice of sovereigns. And as it is essential to Response of John E. Parsons. 173 its well-being that society shall be governed by such a system, so does it follow that there shall be a class upon whom shall be put the responsbility of representing those whose interests, whether of life or of property, shall be at stake, and who shall devote time and talent to fit them- selves to render just such service. It is of the American lawyer that I am to speak. As an American lawyer, I must avoid anything like vain- glory or unsuitable eulogy of the profession or of its members. The late distinguished Lord Chief Justice of England, Lord Coleridge, in his farewell address in New York on the occasion of his visit here, in contrasting his country with ours made little reference directly to Eng- land. His illustration of true greatness was taken from Holland, of which he spoke as a land rescued from the sea by the labor and intelligence of its inhabitants, and made a model of what could be accomplished by industry, intelligence and patriotism. The minds of his hearers were left to cross the Channel, and in thinking of the achievements of the country that was mentioned, to pic- ture the greater achievements of the country that was not. And so, perhaps, in any attempt to portray the American lawyer, it may not be amiss first to say a few words about the lawyers of England and France, between which countries and ourselves the relations have been the closest. Naturally our thoughts turn first to Eng- land. The story of its administration of the law and of its lawyers is preserved from the time of the Conqueror and before. It has been illuminated by some of the grandest names in English history. What lawyer can ever forget Eldon and Erskine, Hardwicke and Thurlow, the great Lord Mansfield, Lord Somers, Sir Matthew Hale, Sir Edward Coke? The list is endless. Lord Campbell has made us acquainted with their character- istics, their peculiarities of mind and temper. History tells of the achievements of these noble men. To a nota- ble career at the Bar most of them added invaluable 174 "The American Lavvyek." service upon the Bench. And yet there is little similarity between the American lawyer and an English barrister, and less similarity between an American lawyer and an English attorney or solicitor. The division of the pro- fession into the two ranks creates a radical difference. Whether the system is wise or unwise by comparison with ours has been a fruitful subject of discussion. It is not easy to pronounce an absolute judgment in favor of one system or the other. I have no doubt that it is in the interest of those who practice law that there should be no such division. Mr. James Grant in his book on the Bench and Bar, published in 1838, says that at that time the number of gentlemen belonging to the English Bar was nearly 6,000 ; that of that number there were 1,500 whose names were upon the law list ; and yet that not more than per- haps seventy or eighty had anything to do worthy of the name of business. Nothing is more agreeable than the professional life of a successful barrister in London. His income is assured, his fees are paid in advance. Mr. Grant describes his income at that time as princely. It might reach to as high as six to eight thousand pounds, and in exceptional cases to even twelve thousand. But I confess that my sympathy has always been with those other members, to whom a guinea fee was a God- send, and who, having dined themselves into the profes- sion, soon reached a time when for them a dinner was impossible from the profession. I have often been in the English courts. I have witnessed the conduct of cases by such distinguished lawyers as Hawkins, Karslake, Coleridge, Henry James, Roundell Palmer, Sir Richard Webster. They are pro- found in their knowledge of the law ; convincing in argu- ment ; admirable in the directness and succinctness with which they go to the heart of their subject. But so far as concerns the interests of clients, I do not think that we need to fear in a comparison between them and the lead- Response of John E. Parsons. 175 ing members of the profession here. The relegation to solicitors and attorneys of the responsible preparation of the case frequently results in a want of original famili- arity with it by the barrister who is to conduct it. I think that the lawyers here will agree with me that to insure success, as far as possible the case should be thoroughly understood from the beginning and that what is possible should be known by the lawyer of the case of his adversary. We are apt to concede to the English Bar a more elevated standard of professional ethics than we claim, by and large, for ourselves. It may solace us to remem- ber that while England has furnished to the profession some of its noblest members, ignoble names too have crept into its ranks. In England there was a Jeffries. My friend and predecessor as President of the Bar Association of the City of New York, Mr. William Allen Butler, in his little pamphlet of " Lawyer and Client," in speaking of the disrepute into which the profession had fallen not long after Hampden and his noble band had fought their battle for English liberty and constitu- tional law, refers to tracts which were then being issued from the press with such titles as these : " The Downfall of Unjust Lawyers," " Doomsday Drawing Near," " The Thunder and Lightning for Lawyers" (1645, by John Rogers), " A Rod for the Lawyers " (1659, by William Cole). It was of English lawyers that these tracts were written. And for the matter of that, the opprobrium which at times has visited the profession has come largely from such great names in English literature as those of Milton, Wadsworth and Dean Swift, and they only echo what Juvenal had said centuries before. Mr. Butler repeats Ben Johnson's epitaph on Justice Randall as condensing in a couplet the popular estimate of the profession : God works wonders now and then, Here lyes a lawyer, an honest man. 176 "The American Lawyer." The history of the law and of lawyers in France ex- tends to the time when Gaul was a Roman province. There lawyers have played a more important part in public affairs than has ever been the case in England. French writers claim for their lawyers greater brilliancy of eloquence than consorts with our more plain, direct and practical Anglo-Saxon mode. I have occasionally been in the French courts. While doubtless they reach accurate results, their system is so unlike ours that they do not appeal strongly to me. Napoleon had frequent occasion to employ lawyers. To them in principal part he owed the Civil Code, with which his name will always be associated ; and yet he entertained the feeling of in- difference or antipathy which I have often met in France towards her lawyers, save in the case of a limited number of exceptional distinction, who have been as prominent, if not more prominent, out of the profession than in it. Louis XVI selected for his trial two lawyers. Turgot, in a public lettter to the Moniteur, excused himself in terms which revealed the extreme of pusillanimity. Tron- chet stood by the king ; and to the credit of the profes- sion everywhere, and in vindication of the French bar from criticism, which is prone to be carping, it should always be remembered that Malesherbes, at seventy-one, volunteered to defend the king, although it brought him to the scaffold, "and that De Seze stood by his royal client with a boldness and courage which left nothing to be desired, saving himself by flight. I must not forget that it is of the American lawyer that I am to speak. How does he rank with his brethren across the sea ? Standing here one must remember that if the founder of Pennsylvania had had his way, either there would be no profession of the law, or its members would be in sorry plight. " Peace-makers " were the functionaries upon whom William Penn preferred to rely to adjust the differences which would arise, even in a community which was composed chiefly of Friends. Response of John E. Parsons. 177 From the earliest period it was necessary that from such a tribunal there should be an appeal to a regularly con- stituted court. The late Mr. David Paul Brown, in his work, the " Forum," gives the history of the establishment of the Pennsylvania Courts, of their development, and mentions many of the distinguished names — Shippen, Willing, McKean, Dallas, and a numberless list of others whose achievements have made of Philadelphia lawyers a dis- tinct class. When we recall such lawyers as Jay and Hamilton, Webster and Wirt, Choate, Marshall and Story, Henry and Lowndes, the late Mr. O'Connor, the late Judge Benjamin R. Curtis, Black and Butler, and the distin- guished Philadelphians whom I have mentioned, we must be sensible that the standard of the profession among us has been high, and that, without boastfulness, we may claim that the American lawyer stands well in comparison with the lawyers of England and of the Con- tinent. It has never seemed to me that those who aspire to become members of the Bar need fear, because they are sensible that they do not possess the highest order of intellectual endowment. Few in any walk of life do. The fable of the hare and the tortoise is often illustrated among lawyers. Mere brilliancy will make a lawyer neither useful to his client nor successful in his practice. Absolute integrity, fidelity to those who entrust him with their interests, a conscientious bestowal of his best efforts to the work in hand — these are the characteristics which, in my judgment, will give to an American lawyer a cred- itable career, even if he fails to reach the highest rung of the ladder. A bill in the Legislature of my State is being opposed by our Bar Association. It might read " An act to make John Smith a lawyer." I do not need to tell you that the John Smith of the bill is a leading politician ambitious to enter the ranks of the profession from the humbler 178 "The American Lawyer." position which he now occupies. In no such way can a lawyer be made. Work — earnest, steady, untiring work — is essential to turn the ordinary man into the ordinary lawyer. But my experience of the past forty years assures me that, if there be this willingness to work, the aspirant for professional success does not need to fear. I claim for the profession in America a high degree of moral excellence. To no members of society come the same temptations ; none have the same opportunity of benefitting themselves at the expense of others. During the last forty years I have been acquainted with a large proportion of the large number of lawyers in New York. I can remember only four occupying anything like a prominent position, who, in yielding to temptation, have been untrue to themselves and to the profession. In no other place is the public life of a country so dependent upon lawyers as with us. From the formation of the government they have controlled in the Houses of Congress, in State Legislatures, in public place. Here there is a marked difference as compared with England. It has often been remarked that lawyers have not been a success in the House of Commons. In America legislative action and the conduct of the government are largely dependent upon them. From my own observation and experience, I claim for the members of the Bar that they will be found in the forefront of movements for reform, that in the main they may be depended upon to be on the right side in public matters. The interests of the State are largely dependent upon the American lawyer. The interests of his clients are absolutely dependent upon him. Whether it is the fee which he receives or the public duty which he recognizes, the American lawyer is committed to a course of truth, fidelity and uprightness. It is easy to sneer. We who belong to the profession have the right to take pride in the fact that we are American lawyers. Response of Richard C. Dale. 179 The last toast of the evening was " The Philadelphia Lawyer," to which Mr. RICHARD C. DALE, of the Phila- delphia Bar, responded as follows : The Philadelphia lawyer has the incentive of a great past. The pacific temper of the founder of this Common- wealth gave no intimation that the City of Brotherly Love would be the first home of the American lawyer. In the body of laws framed in England for the colony in 1682 it was provided : " That in all courts all persons of all persuasions may fully appear in their own way, and according to their own manner, and there personally plead their own cause them- selves, or, if unable, by their friend, with the further requirement that " Before the complaint of any person be received he shall solemnly declare in court that he believes in his con- science his cause is just." This attempt to conduct the controversies of the community without the aid of a trained Bar soon demon- strated its inherent impracticability. In the earliest State Constitution of 1776 we find the lawyer recognized in the clause : " That in all prosecutions for criminal ofiences a man hath a right to be heard by himself or his counsel." But long before the Constitution of 1776 the Phila- delphia lawyer made himself heard. In 1735 Andrew Hamilton, called by Gouverneur Morris " The Day Star of the American Revolution," was summoned from Philadel- phia to defend before the Provincial Court of New York John Peter Zenger, indicted for a seditious libel against the Governor General of the province. Declining any fee for his services, he was presented with the freedom of that city in a gold box. Referring to Hamilton's defence of this case Mr. Binney says : " It is worth remembering, and to his honor, that he was half a century before Mr. Erskine and the declara- i8o "The Philadelphia Lawyer." tory act of Mr. Fox in asserting the right of the jury to give a general verdict in libel as much as in murder, and, in spite of the Court, the jury believed him, and acquitted his client." The courage, vigor of thought and eloquence of Andrew Hamilton marked an era in colonial history, and the sentiment with which he closed his great address to the jury is worthy of perpetual preservation : " The liberty both of exposing and opposing arbitrary power by speaking and writing truth." Andrew Hamilton shortly after this trial became a Judge of the Admiralty for the province of Pennsylvania, and upon his death was succeeded by Tench Francis, of whom it was said by Chief Justice Tilghman in Lyle v. Richards : " In the year 1745 it was supposed that Mr. Francis was the most eminent lawyer in Pennsylvania. He appears to have been the first of our lawyers who mastered the technical difficulties of the profession. His precedents of pleadings which have been handed down, and his com- mon law book, are evidence of his great industry and accuracy." The records, however, of the Colonial Bar are so meagre that Mr. Binney, in his " Reminiscenes of the Old Bar," began the history of that Bar with the men who were its leaders after the Revolution, saying : " Of the primitive Bar of the province we know nothing, and next to nothing of the men who appeared at it from time to time up to the termination of the Col- onial Government." We may be certain, however, that even before the Revolution its standard of learning was high and its character is evidenced by the men who were leaders immediately after. Upon the adoption of the Federal Constitution, the Supreme Court of the United States held its sessions in Philadelphia until 1798. The reports of its decisions, as found in the volumes of Dallas, show that during these Response of Richard C. Dale. i8i early years a large majority of all the cases were pre- sented by Philadelphia lawyers. William Lewis, Edward Tilghman, Jared Ingersoll and the elder Rawle appear in continuous reiteration. These were the men who gave to the name of Philadelphia lawyer that peculiar tone which we hope will always be theirs. Of Edward Tilgh- man it was said by Judge Duncan : "That he could untie the knots of a contingent remainder or executory devise as familiarly as he could his garter." And yet Mr. Binney was able to say of him, also : " With juries he was nearly irresistible. He talked to the panel as if he were one of them." Of Jared Ingersoll, Mr. Binney referring to the fact that he and Mr. Sergeant had been students in Mr. IngersoU's office, said : " A name that I can never mention without the pro- foundest veneration, as my master and guide in the law." After such praise from such a source nothing more can be added. When the Supreme Court was removed to Washing- ton we find the Philadelphia lawyer continuously appear- ing, and until 1835, Horace Binney, John Sergeant and Joseph Hopkinson, the leaders of the second generation, held a prominent place in the great arguments before that court. With the growth of population, the establishment of new centers of industry and learning, the legal business of the country localized, and no city bar could gather to itself the litigation of a nation, but the Bar of Phila- delphia still maintained its high standard. At the end of the century as we look back at the galaxy who from 1830 to 1880 maintained the succession • — the men at whose feet we sat — we understand how it has earned for the Philadelphia lawyer a name which opens for him with a welcome the doors of every court house from Maine to Oregon and Texas. i82 " The Philadelphia Lawyer." To the Bench and Bar of the jurisdictions gathered with us to-night, I tender the thanks of the Philadelphia lawyer for this welcome. The relations which have existed between the Seniors and Juniors of the Bar through these successive genera- tions have happily been most intimate. The accumulated wisdom and experience of years has been freely placed by the sages at the command of every eager aspirant. This tradition of true learning could never have been found in the books, and from it, and the habits of thought consequent, much of the distinction of this Bar has come. Mr. Binney gives testimony to it in his remi- niscences, saying : "A lawyer who has passed his youth and early man- hood in the society of such men is the happier for it through life, and especially in old age." We have heard from the older generation how in their youth Mr. Binney paid to his juniors the debt in- curred through his relations with what to him was the " Old Bar," and the great majority of those present here to-night have themselves the most vivid appreciation of my meaning, for the same debt was repaid to this genera- tion in the amplest measure by Judge John Cadwalader, George W. Biddle and Richard C. McMurtrie. The Philadelphia lawyer has had fame not only for learning. The traditions of the Bar have required every man who claims the name to recognize the obligations which membership in the profession entails. The Philadelphia lawyer, as he has been known, as we hope he will always be known, is the member of a profession, an officer of the law. The only service he undertakes is the service of the law. While there is no degree " Sergeant at Law," we claim to be servientes ad legem ! We avouch our allegiance to one jealous mis- tress, and know no other master. Clients stand to us as they did in the days of ancient Rome, persons seeking our protection, but never entitled to command our actions. Remarks of Wu Ting-fang. 183 They may require us to invoke the law in their aid ; they may never demand that we nullify any law for their advantage. Standing on this plane, we may be ever mindful of our oath of admission. "With all fidelity to the Court, as well as to the client." I opened by saying the Philadelphia lawyer has the incentive of a great past. That there may be a great future is the cherished hope of every man here to-night. For the fulfillment of that hope we chiefly look to the school, which now enters upon a new era. The names of the great Philadelphia lawyers of the past have fittingly been identified with the new building. May we not antici- pate that their mantle will fall upon those to whom will be committed the name and fame of the Philadelphia lawyer for the century that is to come ? As the company was about to disperse, the toast- master called upon Mr. Wu Ting-Fang for a speech. Mr. Wu protested that it was not fair to ask him to address the company. Confucius, the great Chinese sage, had said that a person should not talk at dinner. Being a follower of Confucius, he felt himself bound to observe his doctrine, but, being a lawyer, and as the company were then smoking, and not eating, he sup- posed he would be justified in breaking silence. Mr. Wu then spoke for a few minutes, in his inimi- table style, and concluded by proposing the health of the toast-master ; after which the company dispersed. 1 84 Bar Dinner. B «^ ^NTRANCC 37 r^ : D 'E' G S7wjrjs -| ENTRANCE [— DIAGRAM OF TABLES AND SEATS IN HORTICULTURAL HALL, SHOWING LOCATION OF GUESTS. 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His Excellency Wu Ting Fang, Envoy Extraordinary and Minister Plenipotentiary from China to the United States. Hon. Oscar S. Straus, Envoy Extraordinary and Minister Plenipotentiary from United States to Turkey. Hon. President Charles K. Adams, LL. D., University of Wisconsin. Dean James Barr Ames, LL. D. , Harvard University. Hon. President James B. Angell, LL. D. , University of Michigan. Dean Philip M. Bikl6, Ph. D., Pennsylvania College. President William W. Birdsall, M.A., Swarthmore College. Hon. President Joseph H. Chamberlin, Litt.D., Marietta College. Chancellor WiNFiELD S. Chaplin, LL.D., Washington University. President Thomas M. Drown, LL. D. , Lehigh University. President Daniel C. Gilman, LL.D., Johns Hopkins University. igo Special Guests. President George E. Harris, D.D., LL.D., Amherst College. President John H. Harris, Ph.D., LL.D., Bucknell University. President George A. Harter, M.A., Ph.D., Delaware College. Chancellor W. J. Holland, LL.D., Western University of Pennsylvania. Chancellor Emun McClain, LL. D., State University of Iowa. Chancellor Henry M. MacCracken, D.D., LL.D., New York University. President James D. Moffat, D.D., LL.D., Washington and Jefferson College. Rev. President Francis L. Patton, D. L. ., LL. D. Princeton University. President George E. Reed, S.T.D., LL.D., Dickinson College. President Austin Scott, Ph.D., LL.D., Rutgers College. President Augustus Schultze, D.D., Moravian College. President Theodore L. Seip, D. D., Muhlenberg College. President Isaac Sharpless, Sc .D. LL. D. , Haverford College. President George W. Smith, D.D., LL.D., Trinity College. President Henry F. Spangler, D.D., Ursinus College. President John S. Stahr, Ph.D., D.D., Franklin and Marshall College. President E. D. Warfield, LL.D., Lafayette College. President Ben AiAH L. Whitman, D.D., LL.D., Columbian University, Washington, D. C. Special Guests. 191 President John D. Whitney, S. J., Georgetown University. Vice-Chancellor Benjamin L. Wiggins, M.A., University of the South. Dean Clarence D. Ashley, LL.D., Representing Law Department, New York University Hon. Simeon E. Baldwin, LL.D., Representing Law Faculty of Yale University. Dean Samuel C. Bennett, LL.B., Representing Law Faculty, Boston University. DeanW. S. Curtis, LL.B., Representing Law School of Washington University. Hon. Henry E. Davis, LL.D., Representing Law Faculty of National University, Washington, D. C. Dean J. Newton Fiero, LL.D., Representing the Albany Law School. Prof. Charles Noble Gregory, M.A., LL.B., Representing the Law Faculty of the University of Wisconsin. Hon. Dean William F. Hunter, Representing the Law Faculty of Ohio University. Dean William A. Keener, LL.D., Representing the Law Faculty of Columbian University. Prof. William Minor Lile, B. L., Representing the Law Faculty of the University of Virginia. Hon. Martin F. Morris, LL.D., Representing Law Faculty of Georgetown University. Prof. Charles W. Needham, LL.D., Representing Law Faculty of Columbian University, Washington, D. C. Dean W. S. Pattee, LL. D., Representing Law Faculty, University of Minnesota. Prof. Cuthbert W. Pound, Representing Law Faculty, Cornell University. Hon. John D. Shafer, Representing Law Faculty of Western University of Pennsyl- 192 Speciai, Guests. Hon. James B. Thayer, LL.D., Representing Law Faculty of Harvard University. Hon. Joseph Buffington, Judge of District Court, Western District of Pennsylvania. Hon. George Gray, Judge of Circuit Court, Third Circuit, Wilmington, Delaware. Hon. Andrew Kirkpatrick, Judge of District Court of the United States for the District of New Jersey. Hon. William H. Taft, Ex-Judge of the Circuit Court, Cincinnati, Ohio. Hon. Henry Green, Chief Justice of the Supreme Court of Pennsylvania. Hon. Oliver Wendell Holmes, Judge of Supreme Court of Massachusetts. Hon. William J. Magie, Chief Justice of the State of New Jersey. Hon. Martin P. Grey, Vice Chancellor of New Jersey. Hon. S. Leslie Mestrezat, Justice of the Supreme Court of Pennsylvania. Hon. J. Brewster McCollum, Justice of Supreme Court of Pennsylvania. Hon. J. Hay Brown, Justice of the Supreme Court of Pennsylvania. Hon. James H. Nixon, Judge of Court of Errors and Appeals, New Jersey. Hon. Charles E. Rice, President Judge Superior Court of Pennsylvania. Hon. James A. Beaver, Judge of Superior Court of Pennsylvania. Hon. George B. Orlady, Judge of Superior Court of Pennsylvania. Hon. William D. Porter, Judge of Superior Court of Pennsylvania. Hon. Robert W. Archbald, President Judge of Court of Common Pleas, Lackawanna County, Pennsylvania. Special Guests. 193 Hon. a. V. Barker, President Judge of Court of Common Pleas, Cambria County, Pennsylvania. Hon. Oliver P. Bechtel, Judge Court of Common Pleas, Schuylkill County, Pennsylvania. Hon. Martin Bell, President Judge of Court of Common Pleas, Blair County, Penn- sylvania. Hon. Edward W. Biddle, President Judge of Court of Common Pleas, Cumberland County, Pennsylvania. Hon. Willis Bland, President Judge of Orphans' Court, Berks County, Pennsylvania. Hon. Allen Craig, President Judge of Court of Common Pleas, Carbon County, Pennsylvania. Hon. R. L. Crawford, President Judge of Court of Common Pleas, Greene County Pennsylvania. Hon. George S. Criswell, President Judge of Court of Common Pleas, Franklin County, Pennsylvania. Hon. Alfred Darte, President Judge of Court of Common Pleas, Luzerne County, Pennsylvania. Hon. Lucien W. Doty, President Judge of Court of Common Pleas, Westmoreland County, Pennsylvania, Hon. Edwin M. Dunham, President Judge of Court of Common Pleas, Sullivan County, Pennsylvania. Hon. p. M. Dunn, President Judge of Orphans' Court, Schuylkill County, Penn- sylvania. Hon. Henry M. Edwards, Judge of Court of Common Pleas, Lackawanna County, Penn- sylvania. Hon Gustave A. Endlich, Judge of Court of Common Pleas, Berks County, Pennsylvania. 194 Special Guests. Hon. John A. Evans, Judge of Court of Common Pleas, Allegheny County, Pennsylvania. Hon. Robert Sellers Frazer, Judge of Court of Common Pleas, Allegheny County, Penn- sylvania. Hon. John M. Greer, President Judge of Court of Common Pleas, Butler County, Pennsylvania. Hon. John M. Kennedy, President Judge of Court of Common Pleas, Allegheny County, Pennsylvania. Hon. Charles I. Landis, Judge of Court of Common Pleas, Lancaster County, Penn- sylvania. Hon. Wilton M. Lindsev, President Judge of Court of Common Pleas, Warren and Forest Counties, Pennsylvania. Hon. John B. Livingston, President Judge of Court of Common Pleas, Lancaster County, Pennsylvania Hon. J. H. Longenecker, President Judge of Court of Common Pleas, Bedford County, Pennsylvania. Hon. John G. Love, President Judge of Court of Common Pleas, Centre County, Pennsylvania, Hon. John Lynch, Judge of Court of Common Pleas, Luzerne County, Pennsylvania, Hon. Jeremiah Lyons, President Judge of Court of Common Pleas, Juniata and Perry Counties, Pennsylvnnia. Hon. Harold M. McClure, President of Court of Common Pleas, Union and Snyder Coun- ties, Pennsylvania. Hon. William A. Marr, Judge of Court of Common Pleas, Schuylkill County, Penn- sylvania. Special Guests. 195 Hon. Thomas A. Morrison, Judge of Court of Common Pleas, McKean County, Pennsyl- vania. Hon. James M. Over, Judge of Orphans' Court, Pittsburg, Pennsylvania. Hon. John W. Reed, President Judge Court of Common Pleas, Jefferson County, Pennsylvania. Hon. Edmund H. Reppert, President Judge Court of Common Pleas, Fayette County, Penn- sylvania. Hon. Clinton R. Savidge, President Judge Court of Common Pleas, Northumberland County, Pennsylvania. Hon. W. W. Schuyler, President Judge Court of Common Pleas, Northampton County, Pennsylvania. Hon. Daniel M. Searle, President Judge Court of Common Pleas, Susquehanna County, Pennsylvania. Hon. John W. Simonton, President Judge of Court of Common Pleas, Dauphin County, Pennsylvania. Hon. W. F. Bay Stewart, Judge of Court of Common Pleas, York County, Pennsylvania. Hon . Aaron S. Swartz, President of Court of Common Pleas, Montgomery County, Pennsylvania. Hon. Samuel McC. Swope, President Judge of Court of CommonPleas, Adams County, Pennsylvania. Hon. James F. Taylor, Judge of Court of Common Pleas, Washington County, Pennsyl- vania. Hon. Frank J. Thomas, President Judge of Court of Common Pleas, Crawford County^ Pennsylvania. 196 Special Guests. Hon. J. George Wadlinger, Judge of Court of Common Pleas, Schuylkill County, Penn- sylvania. Hon. Emory A. Walling, President Judge of Court of Common Pleas, Erie County, Penn- sylvania. Hon. R. E. Umbel, Judge of Court of Common Pleas, Fayette County, Pennsylvania. Hon. Henry K. Weand, Judge of Court of Common Pleas, Montgomery County, Penn- sylvania. Hon. John W. F. W^ite, President Judge of Court of Common Pleas, Allegheny County, Pennsylvania. Hon. James S. Wilson, President Judge of Court of Common Pleas, Beaver County, Pennsylvania. Hon. Stanley Woodward, President Judge of Court of Common Pleas, Luzerne County, Pennsylvania. Hon. Harman Yerkes, President Judge of Court of Common Pleas, Bucks County, Pennsylvania. Hon. E. a. Armstrong, Judge of Camden County Courts, New Jersey. Hon. Henry M. Clabaugh, Judge of Supreme Court of District of Columbia. Hon. Harry S. Douglas, Supreme Court Commissioner of Cape May Court House, New Jersey. Hon. Joseph M. Gaskill, Judge of Burlington County Courts, New Jersey. Hon. Charles G. Garrison, Judge of Supreme Court of New Jersey. Hon. Thomas J. Morris, Judge of District Court, Baltimore, Maryland. Hon. Thomas W. Trenchard, Judge of Cumberland County Court, New Jersey. Special Guests. 197 Hon. Edmund Wetmore, President American Bar Association. Hon. Francis M. Finch, • Representing the New York State Bar Association. Henry Page, Esq., President Maryland State Bar Association. John E. Parsons, Esq., Representing New York City Bar Association. Hon. John W. Griggs, Attorney General of the United States. James H. McKenney, Esq., Clerk of the Supreme Court of the United States Hon. John R. Richards, Esq,, Solicitor General of the United States. Hon. John P. Elkin,' Attorney General of Pennsylvania. Hon. John Prentiss Poe, Maryland. Hon. George M. Sharp, Maryland. James C. Carter, Esq., New York. Hon. John L. Cadwalader, New York. Austen G. Fox, Esq., New York. MooRFiELD Storey, Esq., Massachusetts. Hon. Anthony Higgins, Delaware. Everett P. Wheeler, Esq., New York. Hon. William Pinckney Whyte, Maryland. Hon. James M. Woolworth, Nebraska. 198 Special Guests, Baron Herman, Attache of German Embassy. RoLLO Ogden, Esq. , New York, Hon. Talcott Russell, Yale University. Hon. Nathan C. Schaeffer, Superintendent of Public Instruction, Harrisburg, Pennsylvania. James B. Wasson, Esq., • New York. In addition to the above there were more than three thousand guests. Committees. i 99 Organizations Aiding in the Dedication of the Law School Building. The following organizations, through their respective committees, generously assisted in the reception and entertainment of the guests of the University: The Law Association of Philadelphia. COMMITTEE. Samuel Dickson, Chancellor. Joseph G. Rosengarten, Silas W. Pettit, Richard L. Ashhurst, Angelo T. Freedley, John Cadwalader, A. H. Wintersteen, Samuel W. Pennypacker, James M. Beck. The Law Academy of Philadelphia. COMMITTEE. William MacLean, Jr., Chairman. C. Wilfred Conard, John McClintock, Jr., Frederick S. Drake, Charles E. Perkins, Russell Duane, Fred Taylor Pusey, James F. Hagen, Horace M. Rumsey, Joseph H. Taulane. The Lawyers' Club of Philadelphia. COMMITTEE. Francis Shunk Brown, President. John R. Read, Alexander Simpson, Jr., William H. Staake, John C. Bell, P. F. Rothermel, Jr. , George Wharton Pepper, Edward P. AUinson, William Draper Lewis. The Pennsylvania Bar Association. COMMITTEE. Lyman D. Gilbert, President. Victor Guillou, P. C. Knox, William U. Henscl, Ward R. Bliss, Robert Snodgrass, Hampton L. Carson, John B. Colahan, Jr. , Walter George Smith. 200 Committees. The Historical Society of Pennsylvania. COMMITTEE. Francis H. Williams, Chairman. J. Edward Carpenter, J. Granville Leach, William Brooke Rawle, Gregory B. Keen. The University Club of Philadelphia. COMMITTEE. Lewis C. Madeira, Chairman. Edward T. Johnson, Henry G. Bryant. Society of the Alumni of the Law Department of the University of Pennsylvania. COMMITTEE. Hon. William B. Hanna, President. W. Y. C. Anderson, Meredith Hanna, John C. Bell, Dilworth P. Hibberd, J. Douglass Brown, Jr. , Harry S. Hopper, Reynolds D. Brown, Edmund Jones, Francis Chapman, Murdoch Kendrick, J. W. Coulston, Jr. , Samuel C. Perkins, Russell Duane, Eli Kirk Price, H. L. Geyelin, Frank P. Prichard, Victor Guillou, William M. Stewart, Charles F. Gummey, Jr., Guy E. Wells. The General Alumni Society of the University of Pennsylvania. COMMITTEE. Samuel C. Perkins, Murdoch Kendrick, J. Douglass Brown, Jr., Eli Kirk Price, H. Laussat Geyelin. Committees. 20I Reception Committee of the Philadelphia Bar. Hon. James T. Mitchell, Hon. William W. Porter, Hon. Craig Biddle, Hon. F. Am6dee Brigy, Hon. Abraham M. Beitler, Hon. S. W. Pennypacker, Hon. Wm. W. WiUbank, Hon. Charles B. McMichael, Hon. Michael Arnold, Hon. Robert N. Willson, Hon. Chas. Y. Audenried, Robert Adams, Jr. , James Alcorn, Robert Alexander, Francis J. Alison, Edward P. AUinson, David W. Amram, Edward A. Anderson, William Y. C. Anderson, Pierce Archer, Richard L. Ashhurst, R. Loper Baird, Edwin Swift Balch, Thomas Willing Balch, John Hampton Barnes, Norris S. Barratt, Lewin W. Barringer, James M. Beck, Dimner Beeber, John C. Bell, Charles Biddle, H. Graham Bleakly, James R. Booth, Wendell P. Bowman, Henry C. Boyer, Henry K. Boyer, Samuel A. Boyle, Louis Bregy, Frank F. Brightley, Joseph Hill Brinton, Joseph J. Broadhurst, Robert C. H . Brock, JohnW. Brock, B. Gordon Bromley, Francis S. Brown, Henry C. Brown, William H. Browne, John C. Bullitt, William C. Bullitt, Charles H. Burr, Jr., Joseph H. Burroughs, Duncan L. Buzby, Robert J . Byron, John Cadwalader, Richard M. Cadwalader, W. Wilkins Carr, Charles Carver, Joseph W. Catharine, Henry S. Cattell, Samuel E. Cavin, Francis T. Chambers, Francis Chapman, S. Spencer Chapman, Charles Chauncey, B. Frank Clapp, Harry G. Clay, Ludovic C. Cleeman, Samuel M. Clement, Jr., J. B. Colahan, Jr., Edward Coles, Alexander P. Colesberry, C. Wilfred Conard, Samuel W. Cooper, George L Crawford, Wm. B. Crawford, John P. Croasdale, T. DeWitt Cuyler, Charles F. DaCosta, Richard C. Dale, Morris Dallett, Henry Darrach, G. Harry Davis, Henry M. Dechert, Joseph J. DeKinder, James A. Develin, Patrick F. Dever, Hazard Dickson, Alexander J. D. Dixon. 203 Committees. Edwin S. Dixon, Joseph I. Doran, D. Webster Dougherty, Walter C. Douglas, Jr. , Frederick S. Drake, William Drayton, George Albert Drovin, Russell Duane, Ralph Wurtz Dundas, Chas. W. Edmunds, Henry R. Edmunds, Wm. T.Elliot, Wm. S. Ellis, Paul M. Elsasser, Isaac Elwell, Theodore M. Etting, Rowland Evans, Lincoln L. Eyre, Thomas A. Fahy, Chester N. Farr, Jr., Hector T. Fenton, Wm. C. Ferguson, Thomas D. Finletter, Wm. Righter Fisher, Henry Flanders, Cyrus D. Foss, Jr. , Wm. G. Foulke, John H. Fow, Joseph C. Fraley, Angelo T. Freedley, Charles W. Freedley, WilUam S. Furst, Wm. H. Futrell, Allen H. Gangewer, H. E. Garsed, Thos. S. Gates, Jos. M. Gazzam, J. Howard Gendell, John S. Gerhard, H. Laussat Geyelin, J. McGregor Gibb, Joseph GilfiUan, Bernard Gilpin, James E. Gorman, Francis I. Gowen, George S. Graham, Simon Gratz, Chas. S. Greene, Jos. L. Greenwald, Warrren G. Griffith, Victor Guillou, Chas. Francis Gummey, James F. Hagen, Alfred R. Haig, Edmund G. Hamersly, Henry J. Hancock, Meredith Hanna, Thomas B. Harned, Avery D. Harrington, Albert H. Harris, Bernard Harris, W. C. Harris, William F. Harrity, Byerly Hart, Charles Heni-y Hart, W. Spence Harvey, Henry R. Hatfield, Chas. Heebner, Morton P. Henry, Max Herzberg, Luther E. Hewitt, Charles F. Hinckle, Robert G. Hinckley, Robert H. Hinckley, Frank K. Hippie, 'Anthony A. Hirst, Edward F. Hoffman, James E. Hood, Edward Hopkinson, Joseph Hopkinson, Henry M. Hoyt, Charles Howson, Samuel B. Huey, J. Quincy Hunsicker, Samuel M. Hyneman, Charles E. IngersoU, S. Stanger Iszard, Samuel T. Jaquett, Committees. 203 H. La B. Jayne, Theodore F. Jenkins, Ovid F. Johnson, William F. Johnson, Charles Henry Jones, J. Levering Jones, Charles B. Joy, Oliver B. Judson, George Junkin, Joseph DeF. Junkin, Francis F. Kane, John Kent Kane, J. Percy Keating, John F. Keator, Charles P. Keith, Murdock Kendrick, John L. Kinsey, Wm. Gray Knowles, M. Luther Kohler, Charles H. Krumbhaar, Charles A. Lagen, John G. Lamb, Jos. F. Lamorelle, J. Campbell Lancaster, Lucius S. Landreth, Edward V. Lansdale James W. Latta, J. Granville Leach, Thomas Leaming, Joseph Leedom, Frederick M. Leonard, Francis A. Levds, Francis ID. Lewis, Charles E. Lex, William H. Lex, Charles C. Lister, William E. Littleton, Malcolm Lloyd, Jr. James A. Logan, Dwight M. Lowrey, Benjamin H. Lowry, William H. Loyd, Jr., Franklin L. Lyle, John A. McCarthy, John McClintock, Jr. , H. Gordon McCouch, George McCurdy, Francis S. Mcllhenny, Thomas McKean, Wm. McLean, Jr. Wayne McVeagh, R. M. Magee, Edward W. Magill, Andrew J. Maloney, J. Willis Martin, Robert D. Maxwell, S. Edwin Megargee, Lconi Melick, George G. Mercer, Peirce Mecutchen, James W. Mercur, William M. Meredith, John H. Merrill, James L. Miles, Alfred S. Miller, E. Spencer Miller, N. Dubois Miller, Philippus W. Miller, W. W. Montgomery, R. O. Moon, C. E. Morgan, Jr., Edward Mortell, Effingham B. Morris, William Morris, William R. Murphey. Leonard Myers, William D. Neilson, H. S. P. Nichols, William L. Nevin, G. Heide Norris, J. Parker Norris, M. J. O'Callaghan, S. Davis Page, Charles E. Pancoast, James Parsons John E. Parsons, T. Elliott Patterson, Robert E. Pattison, 204 Committees. J. Rodman Paul, George Peirce, Boies Penrose, Chas. E. Perkins, Edward L. Perkins, Samuel C. Perkins, Horace Pettit, Silas W. Pettit, H. H. Pigott, Henry Pleasants, Sheldon Potter, William Potter, Eli Kirk Price, Frank P. Prichard, Fred. Taylor Pusey, Robert Ralston, Francis Rawle, John R. Read, Theodore W. Reath, William A. Redding, Gustavus Remak, Jr., Walter E. Rex, E. Clinton Rhoads, Joseph R. Rhoads, John J. Ridgway, John H. Sloan. A. Lewis Smith, W. Rudolph Smith, Isaac N. Solis, John Sparhawk, Jr., John Thompson Spencer, William H. Staake, Wm. S. Stenger, William M. Stewart, Jr., James C. Stillwell. Theophilus B. Stork, Charles M. Swain, Joseph H. Taulane, Carter B. Taylor, Jos. T. Taylor, Henry C. Terry, Henry C. Thompson, Jr., Samuel Gustine Thompson, M. Hampton Todd, Chas. C. Townsend, Jos. B. Townsend, Jr.,., William Jay Turner, Ernest L. Tustin, Frank M. Riter, John Roberts, Thomas Robins, V. Gilpin Robinson, Walter C. Rodman, John I. Rogers, J. Martin Rommel, P. F. Rothermel, Jr.,. Horace M. Runisay, Michael J. Ryan, Frank R. Savidge, Joseph Savidge, Edward S. Sayres, Rudolph M. Schick,, Henry J. Scott, John M. Scott, Edwin J. Sellers, James C. Sellers, George Sergeant, Rufus E. Shapley, Frank R. Shattuck, Albert B. Shearer, Charles P. Sherman,. Edward Shippen, Fred. J. Shoyer, Robert N. Simpers, Thad. L. Vanderslice, George R. Van Dusen,. George Vaux, Jr. , Moses Veale, George M. Wagner, Henry F. Walton, Charles F. Warwick, John Weaver, Albert S. Weimer, W. Nelson L. West,, R. P. White, Chas. D. White, W. Rotch Wister, Otto Wolff, A. H. Wintersteen. Memorials and Inscriptions. 205 MEMORIALS AND INSCRIPTIONS IN THE NEW BUILDING. On Saturday, November 4, 1899, the Joint Committee appointed for the purpose of selecting the names of men to be commemorated on the various medallions and shields on the outer walls of the Law School Building held its first meeting. This body was composed of the members of the Committee of the Board of Trustees on the Department of Law and Legal Relations and of the Committee of the Faculty of the Department of Law on the opening of the new building. The members of the Joint Committee who represented the Board of Trustees were : Mr. Samuel Dickson, the Chairman, Mr. John B. Gest, Mr. Samuel W. Pennypacker, Mr. Joseph G. Rosen- garten and Mr. Walter George Smith. Mr. George Whar- ton Pepper, Mr. Hampton L. Carson and Mr. Wijliam Draper Lewis represented the Faculty of the Department of Law. Lists of names of men to be commemorated, and plans of distribution and situation were submit- ted by several members of the Committee. After a number of meetings and a mature discussion of these suggestions, it was determined to request the Provost to submit the several lists and plans to the Honorable John L Clark Hare, Emeritus Professor of Law in the University. Subsequently Judge Hare submitted a list of names designating in what medallions and shields they should be carved and the order in which they should come, which list was adopted by the Committee with but slight alterations. The following names were carved upon the medallions and shields which ornament the exterior of the new building. 2o6 Memorials and Inscriptions. ON THE THIRTY-FOURTH STREET FRONT. In the three Southern medallions, running South to North:— BLACKSTONE KENT MANSFIELD In the three Southern shields, running South to North:- MADISON HAMILTON WEBSTER In the three Northern shields, running South to North:- QIBSON TILQHMAN BINNEY In the three Northern medallions, running South to North:— STORY MARSHALL TANEY ON THE CHESTNUT STREET FRONT. In the central medallion: — YATTEL In the central (Western) shield: — STOWELL In the central (Eastern) shield: — QROTIUS In the three Eastern shields, running East to West: — BLACKBURN FIELD BRADLEY In the three Western shields, running East to West: — ELDON HARDWICKE JESSEL Memorials and Inscriptions. 20f ON THE 3ANS0M STREET FRONT. In the central medallion above the Sansom Street entrance: — EDWARD I. In the central (Eastern) shield: — COKE In the central (Western) shield: — BRACTON In the three Eastern medallions, running from East to West:— HOLT CAHDEN HALE In the three Western medallions, running from West to East: — TRIBONIAN JUSTINIAN QREGORIUS ON THE WESTERN WALL. In the three medallions of the South wing, running from North to South: — QAIUS PAPINIAN ULPIAN Jn the three medallions of the North wing, running from North to South: — POTHIER DOnAT SAVIQNY 208 Memorials and Inscriptions On the shield South of the main entrance is the followingr inscription: — LAW DEPARTMENT OP THE UNIVERSITY FIRST PROFESSOR JAMES WILSON 1790 On the shield North of the Main entrance : — LAW DEPARTMENT OP THE UNIVERSITY REORQANIZED BY GEORQE SH ARSWOOD 1850 Memorials and Inscriptions. 209 The following are copies of memorial tablets and inscriptions throughout the interior of the building : — ON THE FIRST FLOOR. On the Western wall of Price Hall, a tablet in bronze : — PRICE HALL ERECTED IN MEMORY OP ELI KIRK PRICE, LL. D. A TRUSTEE OF THE UNIVERSITY 1869-188-4 Prbsiobnt op thb Univbrsity Hospital 1879-1884 AND OF HIS SON JOHN SERGEANT PRICE President op the Central Committee OP THE ALUMNI OF THE UNIVERSITY 1882^897 President of the Society of the Aluhni OF the DEPARTMENT OF LAW 1890-1897 2IO Memorials and Inscriptions. On the Western wall of Wharton Hall a tablet in bronze: — THIS ROOM 15 DEDICATED TO THE MEMORY OF GEORGE M. WHARTON 1806-1870 ON THE SECOND FLOOR. A tablet in plaster on the South wall of McKean Hall above the centre of the stack room entrance : — THIS ROOM IS DEDICATED TO THE MEMORY OF THOMAS McKEAN CHIEF JUSTICE OF PENNSYLVANIA 1777=1799 A tablet in plaster on the North wall of Sharswood Hall above the centre of the stack room entrance : — THIS ROOM IS DEDICATED TO THE MEMORY OF GEORGE SHARSWOOD CHIEF JUSTICE OF PENNSYLVANIA 1878-1882 Memorials and Inscriptions. 211 A tablet in plaster on the west wall of McMurtrie Hail above central door of the stack room : — THIS ROOM IS DEDICATED TO THE MEMORY OF RICHARD C. McMURTRIE CHANCELLOR OF THE LAW ASSOCIATION OF PHILADELPHIA 1891-1894 A tablet in bronze set into the floor of the stack room at the main entrance to the Biddle Law Library : — THIS LIBRARY WAS FOUNDED IN 1886 IN MEMORY OF GEORGE BIDDLE AND CONTINUED IN 1891 IN MEMORY OF ALGERNON SYDNEY BIDDLE AND IN 1897 OF ARTHUR BIDDLE THE THREE SONS OF GEORGE W. BIDDLE THEY DIED BEFORE THEIR FATHER, HAVING LIVED AS BECAME THEIR HIGH CALLING OF THE LAW, TRUTH, COURAGE, HONOUR, LOVE AND DUTY THEIR GUIDES. 212 Memorials and Inscriptions. On the walls of the central hall are seven tablets, of Tennessee marble. The inscriptions on these are as follows : — JAMES WILSON 1742-1798 JOHN SERGEANT 1779-1853 WILLIAM M. MEREDITH 1799-1873 ROBERT COOPER GRIER 1794-1870 ST. GEORGE TUCKER CAMPBELL 1814-1874 QEORQE W. BIDDLE 1818-1897 JAMES E. QOWEN 1830-1885 Upon the four walls above the main staircase are inscribed these words : — THE LAW IS UNKNOWN TO Hlfl THAT KNOWETH NOT THE REASON THEREOF, AND THE KNOWNE CERTAINTIE OF THE LAW IS THE SAFTIE OP ALL :— COKE. JAMKS WII^SON, ]J^.l). iMvst Professor o( l^aw. From the Original. J^aintcif I'V . Ul'crt Roscii/Iial J or the La w School in /A^'A from a mi uatn rr in fosscssio>i of Thomas IF. Moni^omcrv. HISTORY OF THE DEPARTMENT OF LAW. COMPILED BY MARGARET CENTER KLINGELSMITH. The old academy of Philadelphia was restored to all its rights and privileges by the Act of 1789, and among the students an association was formed for the study of the law. They were without a teacher or any regular course of study, but had attracted to themselves the notice of the trustees of the Academy by a request that they might hold their meetings in one of the rooms of the college. This request, made in 1789, was granted, and the fact that a regular course in the study of the law was needed became manifest. Mr. Charles Smith, editor of the edition of the early laws of Pennsylvania, now known as Smith's Laws, applied to the trustees of the college for an appointment to a professorship of the law in that institu- tion. A few days after the communication was received it was decided to present to the monthly meeting, among other matters, " An application for a law professorship, the propriety of establishing a Law Lecture, and con- ferring degrees in law." A committee was appointed consisting of Messrs. Shippen, Wilson and Hare, who reported a plan said to have been drawn up by Mr. Wilson. This plan was accepted by the trustees, and upon it the foundations of the school were laid. It cer- tainly cannot be criticised as too narrow. It placed before the minds of those who were to establish and carry on the work a wide and high ideal. The plan in full was as fol- lows : " The object of a system of law in this country should be to explain the Constitution of the United States, its parts, its powers and distribution, and the operation of those powers ; to ascertain the merits of that Constitution by comparing it with the Constitution of other states, with the general principles of government, 2 I 4 HiSTOKY OF THE DEPARTMENT OF LAW. and with the rights of men ; to point out the spirit, the design and the probable effects of the laws and the trea- ties of the United States ; to mark particularly and dis- tinctiy the rules and decisions of the federal courts in matters both of law and practice. " To examine legally, critically and historically the constitutions and laws of the several states of the Union ; to compare those constitutions and laws with one another, and with the general rules of law and government; to investigate the nature, the properties and the extent of that connection whi.ch subsists between the federal gov- ernment and the several states, and, of consequence, between each of the states and all the others. " To illustrate the genius, the elements, the originals, and the rules of the common law, in its theory and its practice, to trace as far as possible that law to its founda- tion, its fountains, to the laws and customs of the Nor- mans, the Saxons, the Britons, the ancient Germans, the Romans, and perhaps in some instances the Grecians. " Under this head it is to be observed that the com- mon law, in its true extent, includes the law of nations, the civil law, the maritime law, the law merchant, and the law too of each particular country, in all cases in which those laws are peculiarly applicable. All the foregoing subjects of discussion should be contrasted with the prac- tice and institutions of other countries. They should be fortified by reasons, by examples and by authorities ; and they should be weighed and appreciated by the precepts of natural and revealed law. " The obvious design, of such a plan is to furnish a rational and an useful entertainment to gentlemen of all professions, and in particular to assist in forming the leg- islator, the Magistrate and the ' Lawyer.' " It was resolved that a professorship of law be estab- lished whose incumbent should deliver twenty-four lec- tures each year. James Wilson was elected by unanimous choice to be the professor to occupy the newly created History of the Department of Law. 2 1 5 chair. It is not known if any action was taken by the trustees in regard to the offer of Mr. Smith. It has been claimed that much injustice was done him by this appar- ent neglect, but as there are no records to appeal to in the case it seems impossible to substantiate or refute the charge. The choice of James Wilson certainly seems to have been a most wise one. A recent writer (Francis Newton Thorpe) says of him : " Of all the men chosen to make the national Consti- tution, he was the only one who understood and advo- cated the national idea as it has been understood and advocated since the Civil War. His place in the evolu- tion of American democracy has been but slightly recog- nized and his just fame has been delayed. There were more popular men in the Convention than he, and at least a score then more famed. In the old Congress he had constantly advocated a more perfect Union, but his services there, like those of many others, were obscured by the waning influence of the Articles. He was known to the leaders of thought in the country, but his reputa- tion among the people was limited almost wholly to those of the city in which he lived. Even his later distinguished career as Professor of Law in the University of Pennsyl- vania is now quite forgotten. If a man's greatness is commensurate with the value of his ideas to mankind, the national ideas advanced and advocated by Wilson place him among the most eminent Americans of the eighteenth century and entitle him to the veneration of his countrymen." The statement, that his career as Professor of Law in the University is forgotten, is slightly exaggerated, as in the Department which he founded his memory is highly honored and deeply respected ; his portrait hangs in the most prominent place which can be given to it, and all who are conversant with the history of the Department know of its founder and the work he did. Great expectations were aroused by the announcement 2i6 History of the Department of Law. that he would open the course of lectures December 15th, 1790, in the hall of the Academy, which was then situ- ated on Fourth street below Arch. This hall occupied the entire width of the building and was about ninety- feet in length ; across the south end there was a gallery, and the rostrum was against the north wall over the stair- way. Unless the gallery was larger than can reasonably be supposed the, " citizen " of that day must have been almost entirely excluded from attendance upon the inter- esting event, as the advertisement of the lecture which appeared in the "Pennsylvania Packet and Daily Adver- tiser" of December 15th, 1790, ran as follows: — " College of Philadelphia, Wednesday, Dec. 15. Law Lecture. The Honorable Judge Wilson's Introductory Lecture will be delivered this evening at six o'clock in the College Hall. Those citizens who have received tick- ets of admission from Mr. Wilson are requested to take their seats in the gallery, it being necessary to appropri- ate the lower part of the Hall to the accommodation of Congress and other Public Bodies who are cordially in- vited. By. order of the Board of Faculty, William Rogers, Secretary." The reservation would seem, however, to have been necessary, as President Washington with Mrs. Washington attended the lecture, as did the members of the cabinet, the Houses of Congress, the executive and legislative depart- ments of the State of Pennsylvania and the city of Phila- delphia ; the judges of the courts and the members of the bar, with many of the women who led the brilliant society of the little capitol. It was a most fashionable audience which awaited the modest lecturer, who seemed somewhat startled to find himself the center of a brilliant society occasion when he had anticipated only an assem- bly of sober persons prepared to listen to a quiet homily upon the law. He was equal to the occasion, however. THE ACADEMY— 1790-LSO'J 'I'RKSIDlvXTIAI, MANSION "— NINTH AND CHESTNUT STKHHTS, 1N(I2-|.SU!), ART5 BUILDING— NINTH AND CHESTNUT STREETS. lS2il- 1X7,1, COLLEC/K HALL— I.S7:!-1,SSS. ¥' -^ QUARTERS IN GIRARD BUILDING— lS,s«-LS!ir), ' CONGRESS HALL"— L-iiri-l'.NK), HOMES OF THE LAW SCHOOL 1 790-1900, History of the Department of Law. 2 1 7 and his lecture was received with much appreciation and was frequendy quoted in the literature of the times. In his struggle to cover the ground he himself had outlined, his lectures became rather dissertations upon law than an attempt to teach the law in its more technical acceptation. Philosophical and elegant, they were well adapted to interest the minds that he found around him, and it may be questioned if he did not give to his students mental food as well fitted to strengthen their minds as much of that which they receive under the very different methods which obtain to-day. This first course, as outlined, was to cover three years, the lectures were delivered on three days of every week at six o'clock, p. m., and there were law exercises every Saturday. The first course was car- ried to a successful conclusion but the second course was not finished. It has been suggested that the small attend- ance caused by the required fee of ten guineas was the cause. However that may be the course was not con- cluded, and, although after the union of the college with the University, by a resolution of April 3, 1792, the trustees created a professorship of law and appointed Mr. Wil- son to occupy the chair, the lectures were not delivered. Owing to the unfinished nature of the course no degrees wej-e conferred during the incumbency of Judge Wilson. He died in 1 798 at the age of fifty-six, after a career full of honors honorably gained. From 1 79 1 to 181 7 the statute of the University de- claring that " there shall be a professorship of law " was a dead letter. No such professor was appointed, and we find no resolution asking for one nor any attempt to re- vive the lectureship until January 7, 181 7, when the fac- ulty resolved to receive at the next stated meeting of the Board nominations for the professorship of law. No action was taken, however, until March 17, 181 7, when the trustees elected Charles Willing Hare, Esq., profes- sor. He delivered his introductory lecture in April of that year. At that time the University was occupying 2i8 History OF THE Department OF Law. the site on Ninth street, between Market and Chestnut streets, to which it had removed in 1802 after outgrowing the old quarters on Fourth street. The building on Ninth street was an imposing structure which had been destined by its builders for the dwelling of the President of the United States when it was supposed that Philadelphia was to remain the capital of the country. It was a build- ing of much greater pretensions than the little old Acad- emy in which James Wilson delivered his lectures, but Philadelphia was no longer the capital and could not fur- nish to the lecturer so brilliant an assembly of distinguished listeners. The first course, as outlined by Mr. Hare, w£is upon " Natural Jurisprudence, or the science of right and wrong as discovered by human reason, compared with, illustrated by, and embodied in the law." The second upon " Inter- national Jurisprudence, or the laws which regulate the intercourse of nations, the elements of sovereignty, the different forms of government, and particularly the theory and practice of the constitutions of the United States and of the State of Pennsylvania," and the third was upon the " Jurisprudence of the United States and of Pennsylvania, as distinguished from the common law of England." Unfortunately the elaborate outline remained an outline only. The first course only was given, this being delivered during the season of 1817-18. Before the second course could be delivered Mr. Hare became incapacitated for further mental work, and thus for the second time circum- stances prevented the completion of plans brilliant in their conception, the execution of which was begun with zeal and intelligence, promising much for the development of legal education in the United States. For some time no further attempts were made to re- vive the lectureship which had been twice so quickly cut short. Doubdess there was much unexpressed and un- organized desire for legal instruction, and indeed in 1832 there was a most vigorous petition for the appointment History of the Department of Law. 2ig of a professor of law which was presented to the trustees by a committee of the Law Academy of Philadelphia. This institution had doubtless in a degree taken the place of a regular law school by providing, through its moot courts and meetings, facilities for the contact of the Judges and the older members of the bar with the younger mem- bers and the students registered in the various offices. Fostering thus a desire to secure training in the law it is not strange that a petition from such a body should strongly set forth the fact that the city was sadly deficient in those advantages which were already given to the law student at Harvard, Yale and the University of Virginia. The resolution follows : "Law Academy. Philadelphia, March 6, 1832. — The Petition of the Law Academy of Philadelphia to the Hon- orable, the Board of Trustees of the University of Penn- sylvania : soliciting the appointment of a Professor to the Chair of Legal Science in that Institution, respectfully sets forth in advancement of its object the following con- siderations : " 1st. That the Professorship of Law which receives so much attention at Harvard, Yale and the University of Vir- ginia, and whose connection with those seats of learning sheds so much lustre over their names, is at present neg- lected in the University of Pennsylvania ; and that while her Medical School is annually sending forth accomplished and valuable physicians, while her Collegiate Department is disseminating the principles of sound learning in Science and in Literature, her Chair of Law, once illustrated by the genius and eloquence of a Wilson and a Hare, is un- occupied. " 2d. The important advantages will accrue to the Institution over which your Honorable Body presides, of a nature which it is humbly conceived cannot be over- looked. I. In extending the reputation of the University, already so deservedly pre-eminent among her sister Insti- tutions. 2. In drawing to Halls students in a new depart- ment of science, and 3. In retaining at home those who now seek elsewhere that peculiar mode of instruction to which our City does not afford access. "3d. That the location of a professorship of the nature 220 History of the Department of Law. petitioned for in a City like Philadelphia is peculiarly favorable to the promotion of its active and sensible use- fulness; — for the numerous Courts of Justice — the extensive Libraries — the many learned and competent preceptors in Law which it affords, are all so many superior advan- tages which are unattainable elsewhere. And 4th, That the number of Law Students, residents of the City alone, is, in all probability, amply sufficient to offer an induce- ment to your honorable body to make the appointment prayed for. " In submitting the considerations upon which they base their prayer, they beg leave to remain " Your most obedient servants. J. Pringle Jones, H. R. Kneass, ~| C. Theodore Potts, Wm. D. Baker. > Committee." L Wistar Wallace, j While the men who gathered in the court rooms of Philadelphia were the acknowledged leaders of the legal world of the day, they were inclined to undervalue the merits of a system of training which they had not undergone. They reasoned that the equipment which had been sufficient to win for them such brilliant victories should be all that was needed to guarantee success to their sons. It took another generation at least to con- vince the members of the legal profession of Philadelphia that this was a mistake. Seventeen years passed after this fruidess petition, and the lectureship in law seemed destined never to be revived, but in 1849 the trustees, apparently awakened to the fact that not enough was being done for the under- graduate in the University, passed the following resolu- tion : — " that the Committee on the government of the College be instructed to consider and report whether any change can be advantageously made in the course of studies for undergraduates, or any additional facilities provided for securing lectures which shall be open to the public on subjects not embraced in our present course of study, and also to consider and report what may be deemed useful in connection with these subjects." History OF THE Department OF Law. 221 It is evident that those who were desirous of establishing a Law School had been active and had made themselves heard, since, after hearing the report of the Com- mittee, consisting of Mr. Joseph R. IngersoU, Mr. Breck, Mr. Kuhn, Rev. Dr. Dorr and Bishop Potter, which was pre- sented on March 5, 1850, it was resolved that a professor of law should be elected at the next stated meeting, and that nominations should then be received. George Shars- wood, then a Judge of the District Court of Philadelphia, was nominated for the position, and on April 2d, he was duly elected. After a month of deliberation he accepted the nomination on May 7th. His first lecture was not delivered until September 30, 1850. This date must be held by all interested in the Law School as the most im- portant in its history, even if we do not grant, as some maintain, that this is the true birth date of the Depart- ment. At last the recognition so long denied was awarded to the lectures on the law ; men in active practice mingled with the undergraduate in the lecture room, and the inter- est and enthusiasm aroused are shown by the resolutions which the class addressed to the trustees. " Resolved, That in the re-establishment of the Law Professorship of this University the trustees have con- ferred a substantial benefit upon the Philadelphia Bar. Resolved, That the series of lectures delivered during the . present term by Professor Sharswood have been listened to by the class with equal pleasure and profit, and have been marked by a sound, practical, useful and liberal character eminently designed to aid the practitioner in his daily professional duties. Resolved, That the thanks of the class are justly due to Professor Sharswood for the faithful, laborious and effective discharge of his duties." The feeling which those who shared in the pleasure and instruction given by these lectures, still express when speaking of them to-day, proves that this was no mere per- functory address — a form which it was proper to follow — 222 History of the Department of Law. but that it was the earnest and spontaneous expression of a feeling both deep and sincere. The Law School was now established upon a secure basis, and its growth was assured, but it had as yet but one professor. The growth was so rapid, however, as to make it necessary to increase the number of professorships. In December, 1851, the trustees passed a resolution asking that the Committee on Government of the College inquire and report as to the expediency of extending the Law School so as to embrace one or more additional pro- fessorships. The report which the Committee submitted was not at once accepted, but after some delays and much discussion it was adopted on May 4, 1852. By this plan, not one, but two, professors were added, making a faculty of law consisting of three professors. A Professor of the Institutes of Law ; a Professor of Practice and Pleading at Law and in Equity, and a Professor of the Law of Real Estate Conveyancing and Equity Jurisprudence. On June i, 1852, Judge Sharswood was elected to fill the chair of the Institutes ; the chair of Practice was filled by Peter McCall, Esq., and the chair of Real Estate and Equity by E. Spencer Miller, Esq. Rules were established for the regulation of the School. A scholastic year of two terms of four months each was provided for, and any student attending at least four terms with each professor was en- titled, upon recommendation of the Faculty, to the degree of Bachelor of Laws. A certificate of proficiency might be given to a student attending the lectures of one or two of the professors. As each professor regulated his own courses of instruction, held moot courts and conducted his own examinations, each course was given a certain inde- pendence which rendered this method possible. The student was required to matriculate, but no fee was re- quired for this. The fee to each professor was fixed at ten dollars a term. The courses undertaken by the first two professors in 1790 and 18 17, while both planned to lead to a degree, had neither of them lived long enough to GKOKGK, SHARSWOOD. isw-ims. Re-organized Law Department in iS50. Froui Original Fainting in Laiv Sc/iooi Bnildi)tg History of the Department of Law. 223 confer one upon any student, so it was not until after the reorganization, more than half a century after the de- livery of the first law lecture, that any degrees were con- ferred. July 2, 1852, the first public commencement of the Law School was held, and then were conferred the first degrees ; those who had entered in 1850 thus receiv- ing the first fruits of the revival of the School. The Faculty afterwards were given permission to grant a degree after two consecutive terms had been at- tended, thus redusiiig the required time to eight months. This was seen to be an unwise provision, quite contrary to the direction in which the thought of the time was tending, and the permission was revoked. The Court of Common Pleas for the county of Phil- adelphia and the District Court adopted rules which admitted the time passed in the Law Department as equiv- alent to the usual two years in an office under the direction of a practicing attorney. Persons admitted to practice in those courts were also admitted at once to the Supreme Court of the State. It was still requisite to register in an office, however, and the custom was very long in dying out. Up to the last years of the nineteenth cen- tury it was usual to hear the students speaking of " my preceptor." Students were not examined before matriculation, and it was thought not to be " possible to require, per- emptorily, a college degree, or any previous line of study." The lecture system, at that time the only method for inculcating the principles of the law practiced in any law school, was of course established, but moot courts and frequent examinations were held to supplement and buttress as it were the structure built up on the simple lines allowed by that system. Students were also admitted to membership in the Law Academy where they gained an insight into the practice of courts, especially of the trial by jury. Those students who received degrees were entitled 224 History of the Department of Law. to attend all future lectures free of charge. A room in the University Building was set apart for the use of the law students, but there was no law library and the gen- eral library of the University was only open for twa hours each day, being in charge of the Professor of Belles Lettres. For the next ten years the course of the school was smooth and unbroken ; Judge Sharswood remained Dean, and the two professors retained their chairs, teaching with great faithfulness and success their respective branches. The first break in the ranks of the professors was made by the resignation of Professor McCall, June 5, i860. While his resignation was accepted, it was with regret, and considerable delay occurred in securing a successor. Mr. McCall was asked to continue to fill the chair until his successor was chosen, but he was unable to agree to this. Hon. J. I. Clark Hare, Mr. Henry Wharton, and Mr. P. Pemberton Morris, were nominated for the place, but were not elected, and in October, 1862, Mr. P. Pember- ton Morris was asked to act temporarily in Mr. McCall's place. In November, 1862, Mr. Morris was elected to fill the chair. The Civil War now began to make its effects felt in the decreased attendance upon colleges all over the land. The attendance at the Law School, which had risen in 1860-61 to seventy-one, fell, in 1861-62, to forty-seven In 1863-4 it increased to sixty-two, but remained under seventy until 1875-6, when a total of ninety-two was regis- tered. In 1868, after eighteen years of service, Judge Shars- wood resigned his position as Dean and lecturer. He had just been elected an associate justice of the Supreme Court of Pennsylvania. His letter to the trustees expressed regret in laying down his duties and the pleasure he had always found in fulfilling them. The regret was more than shared by the trustees. His loss was severely felt in the Law School, the attendance dropping from sixty- three in 1868-69, to forty-nine in 1869-70. History of the Department of Law. 225 Professor E. Spencer Miller was elected Dean in Judge Sharswood's place, and Hon. J. I. Clark Hare was elected to the chair of the Institutes of Law. During these years the Law School had remained, in common with the other departments of the University, in the old building on Ninth street. The United States, however, purchased the building in 1872 for the purpose of placing upon it a new post office building. Much discussion ensued in regard to the policy which should be pursued in making a change of location. Mr. Miller, him- self actively engaged in professional practice, opposed the plan for removing the Law School with all the other de- partments to West Philadelphia. At that time it was very strongly held that the law courts wgre the proper schools for the students of law ; that to remove these students so far from the courts would be to deprive them of the benefits which Philadelphia was thought to be peculiarly fitted to present in her many courts, in her dis- play of legal talents shown in legal argument and the skilled conduct of cases, which the student was expected to study as vivid and long to be remembered object les- sons. The contrary opinion prevailed and it was decided to remove the school to West Philadelphia where a beautiful location had been secured near the river and where large buildings were being prepared. Mr. Miller's resignation followed (June 4, 1872,) closely upon this decision, and was accepted with expressions of apprecia- tion of his ability and learning, and of the great service he had rendered the department while at its head. His term of service had been for a period of twenty years, thus being longer than that of Judge Sharswood by two years. He was called by his successor " the clearest and best law teacher which our Bar has produced." The new building was ready for students September 16, 1872, and formally dedicated October 11, but the Law School remained in the building on Ninth street, the lec- tures being held in the trustees room of that building, for 226 History of the Department of Law. the season of 1872-73. The season of 1873-74 the Paine Building, on Ninth street, south of Locust, was leased by the University, and used by both the Law and Medical Departments. A number of nominations were made for the vacant position. E. Coppee Mitchell, W. M. Tilghman, G. Tucker Bispham, James Parsons, Richard L. Ashhurst and Henry Wharton, being the nominees. E. Coppee Mitchell was appointed temporary lecturer in October to fill the chair until the close of that term. Mr. Mitchell was appointed in June, 1873, for the second term, and in April, 1873, he was elected Professor of the Law of Real Estate and Conveyancing and Equity Jurisprudence. It was now felt that in order to increase the efficiency of the institution the teaching force must again be enlarged. Many plans were proposed and much discussion took place. The standing committee on the Department of Law for the year 1873, of which Judge Sharswood was chairman and Alexander Henry, Eli K. Price, Peter Mc- Call and N. B. Brown were members, submitted a plan and on January 6, 1874, the Board of Trustees reorgan ized the Department. The following is the plan as finally adopted : — ■' There shall be instituted two new Professorships, one to be called of Personal Relations and Personal Property, and the other of Medical Jurisprudence. The Faculty shall then be composed as follows: "I. A Professor of the Institutes of Law, to whom shall be assigned the subjects of International Law, Constitutional Law, Conflict of Laws, Criminal Law, Contracts, including Promissory Notes and Bills of Exchange, Suretyship and Guaranty. "2. A Professor of Personal Relations and Personal Property, to whom shall be assigned the subjects of Personal Relations, Corporations, Agency, Partnership, Insurance, Title to Personal Property, Con- tracts of Sale, Bills of Lading, Bailment, Common Carriers, Pledges and Chattel Mortgages, Executors and Administrators. "3. A Professor of Real Estate, Conveyancing, and Equity Jurispru- dence, to whom these subjects shall be assigned. History of th^ Department of Law. 227 "4. A Professor of Practice, Pleading, and Evidence at Law and in Equity, to whom these subjects shall be assigned. "5. A Professor of Medical Jurisprudence, to whom that subject shall be assigned. ' ' There shall be two terms in each year, from October to January and from February to May inclusive. The full course shall be two years; each Professor shall arrange the subjects committed to him in such order as he may deem most expedient, and the same shall be published in the Catalogue. ' ' Attendance upon the full course (except the Lectures of the Professor of Medical Jurisprudence) shall be necessary to obtain the Degree of Bachelor of Laws. The fee for attendance upon the Lectures of the Professors (except the Professor of Medical Jurisprudence) shall be determined by them, shall be paid to the Dean of the Faculty, and divided by him among the said four Professors in the proportion of the number of Lectures delivered by each re- spectively. "Anyone of the Professors, including the Professor of Medical Juris- prudence, may issue tickets for his own course alone for such fee as he shall determine. "Examinations, moot courts, and other exercises to be in the discretion of the Professors respectively. "A hall shall be assigned for the exclusive use of the Law Department in the University Building by the Committee on Buildings in con- junction with the Committee on the Law Department, where the Lectures shall be delivered, which hall shall be open for the use of the students for the purpose of pursuing their studies in private, at such hours and under such regulations as the Law Faculty shall determine." The stereotyped announcement of the Law Depart- ment which had scarcely changed in form for over twenty years, at last altered its phraseology and gave signs that new life had been infused into the old system. Mr. James Parsons was elected in February, 1874, ^ the chair of Personal Relations and Personal Property; that of Medical Jurisprudence being filled at the same time by the elec- tion of Mr. John J. Reese, M. D., who was Professor of Medical Jurisprudence and Toxology in the Auxiliary Department of Medicine. This latter course, not being made necessary to the attainment of a degree, suffered 228 History of the Department of Law. as all courses must which are regarded as simply desira- ble, not necessary, when they are contrasted with the courses which the student is obliged to take to attain his degree. Only four students attended although it was offered for the next twelve years to all students of the Law School. In 1887 it was dropped from the course. Changes were made in the time of holding the moot courts ; they had previously been held directly after the lectures, but were now held upon special evenings which were assigned to them, and from this time they held a more important place in the life of the Law School. The Department was still without a law library, but the use of the library of the Law Association was secured to the students by their making an annual payment of three dollars, so that this great need was partially and temporarily filled. The public appreciation of all this effort toward a higher plane was shown by the fact that the attendance immediately in- creased greatly, the year 1874-5 showing a registration of fifty-eight, while that of 1875-6 gave a total of ninety-two. Graduates of the Department were admitted to prac- tice in the Courts of Common Pleas and Orphans' Court of Philadelphia in accordance with the following rule adopted in June 1875 : "Any citizen of the United States of full age, who shall have been graduated Bachelor of Laws by the University of Pennsylvania, after the course study required in the University, may be admitted to practice as an Attorney of this Court if he shall have com- plied with the rule now in force as to the prelimihary examination, and been registered for one year in the Pro- thonotary's office as a student of law in said University by the Dean of the Law Faculty thereof." This rule at that time aroused a feeling that too many privileges were conferred on the Law Department. This feeling was not unnatural in those who feared that a mere perfunctory attendance upon the courses given was all that would be required of the students. It remained for the Law School to place itself far above any such suspicion ; an accom- CHAMln-.K nl- THH HOUSE I )F RKI'KKSKNTATIVKS IN "COXGRKSS HALL "—Used as a lecture room. OLD DISTRICT COURT ROOM IN ■'CONORHSS HALL " — Occupied as a lecture room. OLD CRIMINAL COURT ROOM IX "NlvW COURT HOUSK"— Occupied by the "Diddle Law Library." VIEW OF QUARTERS FROM " INDEPF^NDENCK SQUARE," ■NEW COURT HOUSE"— lu vvjiich the IJiddle Law Lilirar,\ and administrati\-e offices of the Law School \vere located IS!I,-|-1H|||I, ' ^looT COURT ROOM" IK "NEW COURT HOUSE" SOME VIEWS OF QUARTERS IN "CONGRESS HALE" AND "NEW COURI HOUSE "— 1895-1900. History of the Department of Law. 229 plishment which it has taken years to completely per- form, but which it may now claim to have absolutely ful- filled. No man can graduate at the Law School to-day who has not had a thorough, exhaustive and searching examination each year into his proficiency in any course which he has studied, and he is expected and required to obtain a knowledge of the law, such as was rarely to be secured in any law school a few years ago. In 1875, it was provided that every candidate for a degree should prepare a thesis on some legal topic, and should pass an examination at the end of the session on the subjects studied during that session. The latter regu- lation ran as follows : " He shall have passed an exami- nation at the end of each session upon the subjects of study during that session. The examination shall be con- ducted by the Faculty, either orally or in writing, as they may determine,' in the presence of such of the members of the committee on the said Law Department belong- ing to this board as may choose to attend, and the mem- bers of the board of examiners appointed by the courts of Philadelphia may be present at the examination if they desire to do so." The " Sharswood Prize " of fifty dollars for the best essay written by a member of the graduating class in each year was established in 1875 by an Alumnus of the Law Department. It has been found an incentive to good work, even after 1894, when the essay ceased to be re- quired as a prerequisite for a degree. The first of these prizes was awarded in 1876 to Dwight M. Lowrey, Esq., a ^aduate of that year, for his essay upon Contingent Estates. In 1878, a prize of fifty dollars was established by the Faculty to be given to the student who passes the best written examination with all the professors. The prize is now given in each of the three classes. They are known as the Faculty Prizes and are awarded annually. The Meredith Prize of twenty-five dollars for the second best graduating essay was established in 1879, and it also is 230 History of the Department of Law. awarded annually to a member of the graduating class, whenever two essays of sufficient merit are presented. In 1888, the Sharswood Prize was increased to seventy-five dollars, and the Meredith Prize to fifty dollars. The classes steadily increased in numbers and the Law School in prosperity under its five well qualified pro- fessors. The next change in the Faculty took place in 1884 ; Professor Morris presenting his resignation after having successfully conducted the course in practice and pleading at law and in equity for twenty-two years. He was succeeded by George Tucker Bispham, Esq., whose work on the Principles of Equity has an international reputation, and who is to-day the senior member of the faculty. In 1883 a post-graduate course in law was estab- lished, its aim being " to broaden and deepen the foun- dations of legal education." The catalogues announce that the method adopted was " a comparison of the sys- tems of law which obtain in different countries." The course covered two years ; one year devoted to the study of the Roman Law and the principles which have grown out of it ; the second to the study of the Common Law. Graduates of any Law School of recognized standing and members of the Bar were eligible as students. The tui- tion fee was twenty-five dollars. The graduates received the degree of Master of Laws and a thesis was required during the second year. This course was continued until the fall of 1897. In 1871 Miss Carrie S. Burnham, now Mrs. Carrie B. Kilgore, then regularly registered as a student in a law office, applied for admission to the Department. Her application was, however, laid upon the table by the Board. In 1881 a second application was more success- ful, and in 1883 Mrs. Kilgore was graduated. She is, therefore, the first woman graduate of the Law Depart- ment. Between 1883 and 1895 no woman was matricu- History of the Department of Law. • 23 1 lated. Since the last date, however, several women have been in attendance on the lectures, and three graduated. The Law Clubs have for many years held an important position in the Department. Through these clubs the moot court work is done, and nearly all the men in the school find it to their advantage to join some one of the organizations. The first club to be organized was the Sharswood Club, which was named for the reorganizer of the Law School and first Dean, Hon. George Shars- wood. The Hare Club was organized in 1890, and was named for the Hon. J. I. Clark Hare, also eminent for his services to the Law School. Both clubs have maintained a continuous and prosperous existence and many men of prominence at the bar and on the bench have been counted among their members. The Miller Club was organized in 1891. In 1893 this club established a " dispensary." Persons too poor to retain counsel in the ordinary manner were given ad- vice, and after consideration by a council the case, if meritorious, was taken into court. This club is still strong and active and has a large membership. The Kent Club was organized in 1896. It soon had a strong membership, and grew rapidly, and now, although still a young club, is in a very flourishing condition. The Gibson Chapter of the Greek Letter Fraternity, Phi Delta Phi, organized in 1897, was the last club to be organized before the department moved to its present building.* The first officer of the Law School to die while still in office was Edward Coppee Mitchell, Dean of the * AH of the clubs have separate rooms in the Building of the Law Department. The Wilson, McKean and Marshall Clubs have all been organized since the removal to the new building; the Marshall Club having a membership exclusively composed of the women law students. The policy of the Department is to aid and encourage these clubs in their work. Each professor sits as Judge for each club at least once each year ; thus from November to March each evening one or more moot courts are in session. 232 History of the Department of Law. Department from 1872 until 1887. He had overtaxed his strength in his earnest efforts to perform all his duties and increase the success of the school whose welfare he had always at heart. He was succeeded in his office of Dean by Professor George Tucker Bispham, while the chair of Real Estate and Conveyancing was filled by C. Stuart Patterson, Esq. The year of 1887 marked another advance in the history of the School. The number of professorships, which had for a long time remained stationary, was increased by adding a Professorship of Pleading and Evidence at Law, and Criminal Law. This chair was filled by the election of A. Sydney Biddle, Esq. The change was but the herald of those to come. In 1888, Professor Bispham resigned as Dean, and November 6, 1888, Professor C. Stuart Patterson succeeded him in that office. In December of the same year. Judge Hare, whose judicial duties were onerous, resigned as Professor of the Institutes, and the title of the chair, a survival of the early days of Wilson and the first Professor Hare, was never revived. Professor Hare was made Emeritus Professor of Constitutional Law. His well-known treatise upon that subject and his work upon the Law of Contracts are enduring memorials of the labor and learning which he bestowed upon the courses which he conducted. Samuel S. Hollingsworth, Esq., was elected Professor of the Law of Contracts and Corporations, and Pleading at Law. A Professorship of Criminal Law was also established at this time and George S. Graham, Esq., at that time District Attorney of Philadelphia, was elected to the position. In 1887 the feeling that the Law School should be near the courts and law offices dominated the policy of the administration, and the School returned to the city where it was accommodated in the Girard Building, one of the recently built office buildings at the corner of Broad and Chestnut streets. The sixth floor of this building was secured for the use of the Department, and here was BIDDI,E IvAW I^IBRARY,— (STACK ROOM.) History of the Department of Law. 233 also installed the recently founded Law Library of the Der partment. This Library was founded in 1886 by the fam- ily of George Biddle as a memorial to that distinguished lawyer. The gift consisted of over five thousand vol- umes, including nearly every regular American and English report, the books being purchased by the donors from the estate of Benjamin H. Brewster, formerly Attor- ney General of the United States. Mr. Effingham B. Morris also deposited with the School 965 volumes be- queathed by the late Professor Morris to the School, sub- ject to the life interest of Mr. Morris. Mr. S. Stanger Iszard was elected Librarian. In the fall of 1888 the course of instruction was in- creased from two to three years. This increase of the term of instruction was a necessity if the School was to stand among the great Law Schools of the country ; two years having been found by experience to be too short a time to properly prepare students for the legal profession. When Mr. C. Stuart Patterson succeeded to the office of Dean, the staff was increased by the new system of electing the member of the graduating class who at- tained the highest grade in the examinations to be a Fellow of the Department, and the control of the financial affairs of the School was placed in the hands of the ex- ecutive body of the University. At this time also the custom of granting degrees cum honore, to such students as should pass their examinations with distinction was instituted. The P. Pemberton Morris Prize was estab- lished. This is awarded annually for the best examination in Evidence, Pleading and Practice at Law and Equity. Increased attendance rewarded all these changes toward a more perfect fulfillment of the ideal which the trustees had set before them. In June, 1890, it was determined to thereafter elect from among the members of the graduating class, a stu- dent to fill the position of Fellow in the Faculty, the Fel- lowship to last for a term of three years. A number of 234 History of the Department of Law. the present members of the Faculty, as will be seen pres- ently, before they became instructors or lecturers, held Fellowships. Those not otherwise mentioned who have held Fellowships, are Mr. Charles Henry Burr, Jr., 1893- 1896; William Nelson Lofiin West, 1895-1898; Joseph Gilfillan, 1896-1899; Arthur Dickson, 189 7- 1899; Arthur Edward Weil, 1899- 1900 ; Thomas R. White, 1899- 1900. April 8, 1 89 1, the Department lost, through the death of A. Sydney Biddle, one of the most earnest and devoted of the men who formed its Faculty, and in June, 1894, a further loss fell upon it through the death of Samuel S. HoUingsworth who had been a favorite professor and an earnest worker. The family of Mr. Biddle, soon after his death, donated a fund of twenty thousand dollars to the Law Department for the purpose of founding a chair whose occupant should be known as the A. Sydney Biddle Professor of Law. This valuable and enduring memorial forms a most fit monument to a life devoted to the law. The name of the George Biddle Memorial Library was, at the same time, changed to the " George and A. Sydney Biddle Memorial Library." The increase in the length of the course and later in the number of students necessitated an increase in the number of professors. In 1890 Hon. George M. Dallas, Judge of the Circuit Court of Appeals, was appointed Professor of the Law of Torts and of Evidence. In 1893, Mr. George Wharton Pepper, who had been a Fellow since his graduation from the Law School, was appointed A. Sydney Biddle Professor of Law. In 1894, Mr. George Stuart Patterson, and Mr. Charles C Townsend, who had been appointed Fellows, in 1891, were elected to pro- fessorships. Later in the same year Mr. Hampton L. Carson was elected Professor of Law, the teaching force thus being increased to nine active professors and three Fellows. In 1894 Mr. C. Stuart Patterson presented his resig- nation as Dean, to take effect at the end of the season of History OF THE Department OF Law. 235 1894-95. During his incumbency as noticed there was a marked increase in the numbers matriculating in the Law School. The total number for the year that Mr. Patter- son became Dean was 149 ; the year of his resignation the total registration had increased to 228. The position was not at once filled, and in the interregnum Mr. George S. Patterson, son of the former Dean, was designated Acting Dean of the Department. The number of students in the Department had now grown to be so large that they could no longer be com- fortably accommodated in the rather narrow quarters occu- pied by the Department and in the spring of 1895 that portion of the buildings in Independence Square, recentiy vacated by the local courts, were, by the courtesy of the city, secured as a temporary home until the Law School could find means to provide a permanent dwelling place. The large upper room in the building 115 South Sixth Street, formerly used as the Criminal Court, was dedicated to the uses of the library. Bookshelves were placed about the walls, a couple of alcoves formed, and great oak tables set about the central space. Here for the next five years the scene was to be a busy one, although as yet the library was not the great workshop it was destined later to become. A number of smaller rooms on the ground floor were set apart as class rooms and club rooms. The executive offices were at first on the ground floor. Later they were removed to the smaller rooms off the library. Lecture rooms were at first provided in the small build- ings connecting Congress Hall with Independence Hall, but as the restoration of Independence Hall was then going on, these small buildings were marked for destruction, and in the fall of 1897 all the lecture rooms were removed to Congress Hall. The large lecture room on the first floor was the room once used as the meeting place of the first House of Representatives of the United States. It was the scene of the inauguration of President Washington, in 1793, and also that of the elder Adams, in 1797, and 236 History of the Department of Law. of Jefferson as Vice-President. The room on the second floor, used as a lecture room for the Third Year Class, for- merly formed the anteroom of the Senate Chamber occu- pied by the first Congress. It afterward was used by the Supreme Court of Pennsylvania. The members of the classes of 1897 and 1898, the only two classes whose entire period of legal study was passed in these interest- ing surroundings, felt themselves fortunate in their mental atmosphere, though deprived of the physical comforts and conveniences which were to be so amply provided for the classes who were to come after them. These quarters for a time served fairly well the needs of the Department, although inconvenient, much separated and not well adapted to a use for which they had not origi- nally been intended. Mr. William Draper Lewis was elected Professor of Law and Dean of the Department of Law in August, 1896. He is the first person holding the ofifice to give his time exclusively to the work of the Law School. The next three years showed many changes. The require- ments for admission to the Department were raised, although the standard of education before required of an applicant was equal to that required in most law schools, and higher than that required by many. All applicants are required to show that their previous training has been such as to admit them to the college department. This change caused at first a decrease in the registration ; or, more accurately, prevented the normal increase which would have taken place ; the registration for two years remaining nearly stationary. By the third year, however, this was overcome. The increase in the fitness of the candidates for the work of the school was most marked and gratifying. Students were also required to attend at least eighty per centum of the lectures in each year. The number of lec- ture hours given to the students was more than doubled, and the number of subjects increased ; those in the Third History of the Department of Law. 237 Year gradually being made elective, so that a much wider range of instruction was offered to the student, than had formerly been the case. For some time the students had found it necessary to supplement the teaching in class by " quizzes " given by persons not connected with the Law School, thus entailing considerable additional expense upon the student. In 1896 a system of quizzes, con- ducted by the teaching force of the Law School, was established. This quizzing is continued at the present time, though necessarily modified as a result of the change in the methods of instruction in class. This change will be spoken of later. The American Law Register, established in 1852, after many years of editorship by men prominent in the litera- ture of the law and at the bar, during the eighties lost much in circulation and influence. In the latter part of 1 89 1 it was bought by a syndicate composed of members of the Philadelphia Bar and by the new owners placed in charge of Mr. George Wharton Pepper and Mr. William Draper Lewis. Mr. Pepper and Mr. Lewis continued in sole charge until January, 1894, when Mr. Wm. S. Ellis was associated with them. During 1896-7 the real edi- tors were a committee of students of the Law School. On January i, 1897, the Register was adopted by the Fac- ulty as the official publication of the Law School, and is now conducted by a student Editorial Board, acting under the general supervision of the Faculty. Since its foundation the library had grown by a natural accretion of continuations of sets already begun and occasional gifts or purchases. The library, in 1896, contained 10,276 volumes. In this year steps were taken to place it upon a plane with the law libraries of the lead- ing universities of the country. In the three and one-half years immediately preceding the opening of the new building the library increased to twenty-two thousand volumes. By purchase were added complete sets of Colo- nial reports, Scotch and Canadian reports, the Hawaiian 238 History of the Department of Law. reports, Australian reports many sets of periodicals, both English and American, treaties to the number of about three thousand, Treasury decisions. Patent reports. Bar Associations reports, ordinances, digests and statutes, and a collection of Roman and Civil Law. It now shows a well rounded development on every side. It is a com- plete library for the undergraduate, and it is hoped that it will soon become a complete library for the graduate student. Since its foundation the fund set apart for its support has varied as the receipts from the school have grown or decreased. It may be stated, however, that a sum of at least $2,000 annually for the first ten years, when, all the expenses of the library were taken from the fund, was spent upon the purchase of books. Since 1896 the entire twelve per cent, has been devoted to the purchase of books. This has amounted to between five and six thousand dollars annually, for the years between 1896 and 1899, and is now increased, through the growth of the School, to $6,000. To these annual sums should be added an additional $6,000 spent in 1896-7, when the imme- diate necessities of the library were very great. Thus the aggregate sum spent may be stated as approximately $50,000, though owing to the steady increase in the value of the books already purchased it would now require a much greater sum to duplicate the purchases made. As a result therefore of the wise provision relating to setting aside a considerable portion of the receipts of the School, this library, founded by the private benevolence of a single family, has been so largely increased that it has become one of the great Law Libraries of the country. In 1896, Mr. Edmund Jones was made librarian. He resigned in 1897, and the writer of this sketch became librarian. In 1897, Mrs. Arthur Biddle, widow of the third son of Mr. George W. Biddle, presented the library of her deceased husband to be added to the former gift of the Biddle family, and as a memorial of Mr. Arthur Biddle. WHARTON HATX— A Class Roon A Vn-'.W OF THK STAIR CASK. PRICK HALT— General Assemblj- Room and Debating Hall STl'DKNTS' COXVKRSATIOX ROOJI. A CORNKR OF THK :\IAIN HALI.WAY. THK JIOOT COURT ROOM. SOME INTERIOR VIEWS OF THE NEW BUILDING. History of the Department of Law. 239 This library numbered nearly four thousand volumes. In recognition of the fact that the library had now become a memorial of all the sons of Mr. Biddle, the name, shortly before the removal of the library to the new build- ing, was changed by the Trustees, with the approval of the family, to " The Biddle Law Library." In 1898, Professor James Parsons resigned. He had on September 10 of that year been connected with the Law School as Professor of Commercial Law, Contracts and Decedent's Estates for twenty-four years. During his last years in the School he had confined his teaching to the course on Partnership. His treatise on the Law of Partnership, now translated into Latin, and one of the few American law books used by continental scholars, was written for and used in connection with his course on that subject. Soon after his resignation as professor he was made Emeritus Professor of Law, in recognition of his extensive learning in both the Common and the Roman Law, and of his long service to the University.* Professor Graham was absent on leave in 1898, and he never resumed his work in the Law Department. In October of this year Reynolds Driver Brown, Esq., and John W. Patton, Esq., were elected professors. Professor Patton agreed to devote all his time to the Law School. Professor Brown took most of the work in property ; Pro- fessor Patton the new courses in Pennsylvania Practice, Mr. William E. Mikell was also elected instructor. On June 4, 1898, Professor C. Stuart Patterson presented his resignation, which was- received by the Faculty with reso- lutions of regret. Professor Charles Cooper Townsend, who had so acceptably filled the chair of Property since 1894, resigned and ceased to teach in December. His resignation did not take effect until June 18, 1899. The student body * Professor Parsons' death occurred on March 23, 1900, one month after the removal of the Department to the new building. 240 History of the Department of Law. testified to their appreciation of his work in the School by presenting him with a silver loving cup. Mr. Townsend did not lecture after Christmas, 1898. Mr. John A. McCarthy, a graduate of the Class of 1892, was elected lecturer, and acceptably conducted part of Mr. Townsend's courses for the remainder of the year and during the next scholastic year. In the summer of 1899, Hon. John B. McPherson, U. S. District Judge for the Eastern District of Pennsyl- vania was elected Professor of Law, being assigned the course on Insurance. Mr. William H. Carson, who had been appointed lecturer on Carriers in 1898, died in August, 1899. Mr. Carson was Assistant District Attorney of Camden, N. J., at the time of his death, and though still a young man, had shown an earnestness and devotion to his chosen career which had already brought him merited success. Mr. Francis H. Bohlen was appointed lecturer on Negligence in 1898, and in 1899 Mr. Roy Wilson White, who was then a Fellow, was requested to take up the subject of Civil Law, with the intention that he should devote himself to the preparation of courses upon that subject and upon Roman Law. For the purpose of fully preparing himself for his work, Mr. White was sent abroad in 1899, and studied for some months in the University of Paris, returning to take up his work just before the removal to the new building.* The overcrowding and inconvenience of the tempo- rary quarters on Independence Square was felt, not alone in the library, but throughout the Department, and in the winter of 1897 the announcement was made that after June, 1898, the Department would be located in West Philadelphia " the trustees having resolved to erect suita- ble buildings on the grounds of the University or lands *The hopes and intentions of the Department were frustrated by the death of Mr. White, May 19, 1900, before he had entered upon the duties of his lectureship. History of the Department of Law. 241 adjacent thereto." The latter alternative was decided upon ; land at the corner of Thirty-fourth and Chestnut streets, a few hundred feet from the campus of the Univer- sity, was purchased and plans were drawn ; the building, however, was not destined to be so quickly completed and until February 22, 1900, the buildings on Independ- ence Square continued to shelter the Department. February 21, 1900, the new building of the Law Department was ready for occupancy and on that date and the two succeeding days elaborate ceremonies signal- ized the opening of the building. This formal history would perhaps be incomplete if some account was not given of the changes which have taken place in the subjects taught, and in the objects and methods of instruction. The lectures outlined and in part given by the first Professors Wilson and Hare, were intended to give to the law student that which would fit him to act as a legislator and political leader in the then new country. In the outlines, therefore, especially of Judge Wilson's lectures, we find the greatest stress laid upon Constitutional and International Law. Private Law is treated, but minute and technical instruction is not at- tempted. There is a general comparison of the systems of the English and Roman Law, probably with a view of legislative reform, rather than of application to the affairs of clients. The difference between the outline prepared by Hare and that prepared by Wilson, shows a drift away from Public Law and towards Private Law. In the latter part of the eighteenth and early part of the nine- teenth century, the law, that is the Private Law, was bound up very largely in the systems of Pleading and Conveyancing. These the student acquired in the lawyer's ofBce under the eye of his preceptor, and though we cannot but believe that lectures along the lines of Blackstone's Commentaries would have had a better chance of success than those attempted, in justice to Wilson and Hare it must be remembered, that the pri- 242 History of the Department of Law. mary need of law students at the time was probably instruction in Public Law and general questions of Juris- prudence rather than any special training for their work as lawyers. Between the time of Hare and that of Sharswood there was evidently a considerable development in the attitude of the law student towards the scope of the instruction desired. From the first Judge Sharswood and his two fellow Professors were expected to give informa- tion on those subjects which the students would have to deal with as practicing lawyers. The students, all of whom were in lawyers' offices, were expected to obtain in these offices a knowledge of the technicalities of prac- tice, but it had become recognized that they did not obtain from their preceptors systematic information on the law, and this systematic information the school was brought into existence to give. There were, during Judge Shars- wood's time, no entrance examinations and no examina- tions in course. The Law School was not a school in the modern sense, but a place where legal information was imparted and explanation of the more difficult parts of the law given. The real work of the student was still in the office. Those yet living, who attended Judge Sharswood's lectures, bear enthusiastic testimony to the way in which he accomplished the task he set himself to do. His discussions of the law were clear and luminous, and if his lectures left anything obscure, there was the quiz or discussion to clear up the obscurity. After Judge Sharswood's resignation, the school fell off in numbers because no one could quite fill his place as a fountain of legal information. With the election of E.Coppee Mitchell as Dean the school may be said to have entered on a new phase of its existence. In the twenty- five years which had passed since Judge Sharswood first began to lecture, there seems to have been a still further development in the ideas of the members of the bar and the students of law in regard to the things which they History of the Department of Law. 243 expected the Law School to do. Dean Mitchell and the practically new Faculty which he had about him, recog- nized that the school must now be more than a place where information on the law could be obtained ; that hereafter it must train the student for the work of the legal profession. While practice was still left to the office, the student was expected himself to work in con- nection with the lectures, and at the end of each course he was regularly examined on the subject taught. The school became the place to train the students for the local bar ; and it is no depreciation of others to say that to Dean Mitchell, more than to any other person, is due the success which attended, during his administration, the efforts of the Faculty. The moment the point of view of the Faculty towards their own work became the point of view of the trainer rather than the lecturer, it was necessarily only a question of time when the didactic lecture as an efficient means towards this end was to be called in question. The lec- ture method of instruction is the only method possible where the duty of the teacher ends when he has imparted information ; but where the primary object is, not only to see that the student obtains information, but to train the student so that he may apply his knowledge, then the didactic lecture, while a possible means of accomplishing this result, is one which the majority of modern teachers of law, as well as of other branches of knowledge, believe they have found to be radically defective. The first per- son connected with the Law School to discard the lecture system of instruction was Mr. A. Sydney Biddle. His method, which he used in the subject of Torts, was to direct the students to the principal cases dealing with the legal question which he desired to discuss in class. The class hour was then devoted to a discussion between the Professor and students of the principles involved in the cases, with which all, at the time of the hour, were familiar. Unfortunately Mr. Biddle's death prevented him from 244 History of the Department of Law. working out to his own satisfaction the method which he had adopted. His point of view was that the student in the class room should have placed before him the concrete problems which would meet him in the practice of his profession, and that the effort of the instructor should be in this way to train him for his life's work. This mental attitude, thus perhaps first taken in the school by Mr. Biddle, was adopted by one of his pupils who was elected Fellow, the present Professor Pepper. It can be said that it is now the attitude of the present teaching force. Each professor works out in his own way the teach- ing problem involved. Looking over the period of the last ten years, there is noticeably a distinct drift away from lectures and text books and towards that method of instruc- tion perhaps best known to all advanced scholars as the seminar method, though among law teachers it is some- times miscalled the case system. This change in law teaching follows that which has taken place in the teach- ing of other subjects. The seminar method is now em- ployed in nearly all branches of education in this country, where the student, as is the case in the law school, desires to obtain knowledge which in later life he expects to apply in his business or profession. As organized by Judge Sharswood, there were only three members of the Faculty. These were expected to cover the entire field of law. When the lecturer was not supposed to do any more than to give general information, this was a task which could be and was accomplished by three able men, even though their time was almost wholly taken up by the demands of their clients or their judicial duties. When, however, it began to be recognized that the school should be a training place for the work of the profession, the number of professors was also increased. Each professor was given less ground to cover, but was expected to cover it more minutely and thoroughly. There were five professors in 1875, and about twelve hours of instruction per week ; seven professors and one Fellow in I 'SI 'A History of the Department of Law. 245 1890 with about eighteen hours of instruction per week; while at the time of entering the new building there were seventeen professors and instructors offering fifty-two hours of instruction per week ; thirty-eight hours being required for a degree. From the necessity of training the student as well as of informing him on the law, came ultimately another change, which has only taken place in the last few years, but is perhaps destined to do more than any single thing to revolutionize the school. As long as all that was required of a professor was general information on legal subjects, any able and well-informed lawyer who was fond of the work could give satisfaction. But the moment training by the teacher, as well as information, became necessary, that moment the law professor must not only know the law, but be an experienced teacher. To become an efficient teacher is in itself a distinct art which requires, not only natural aptitude, but thought and work. The busy lawyer cannot, except in rare instances, give the time necessary to solve teaching problems. The successful modern teacher of law, therefore, is in the great majority of cases either a man who is devoting practically his entire time to the work of teaching, or one who, having done this during his younger days, has acquired a train ing as a teacher which he preserves, though his whole time may not be given to the work of the law school. Again the tendency towards specialization of courses leads the profession as well as the students of the school to demand minute and exact information on the subject taught. Unless he is confined to one subject, a man in active practice cannot master and keep abreast with the law which he is expected to teach in a way which is satis- factory to the modern law student. From both of these considerations it results that, where a teacher is asked to teach more than one subject, he must be asked to devote practically his entire time to the work of the school. These facts were recognized by the Trustees of the Uni- 246 History of the Department of Law. versity in the year 1895, and they at once began to build up a teaching force which should contain a nucleus of men who had no other interests but the work of the Department. At the time of entering the new building, the Department contained four teachers who were devot- ing their whole time to the University. While it is un- likely, and from the writer's point of view, undesirable that the school will ever contain a Faculty none of the mem- bers of which are in active practice, the proportion of men who devote their whole time to the work of the Depart- ment will in the immediate future tend to increase. Out, therefore, of this change in the attitude of the Faculty towards their own work, from that of persons giving information to that of persons training their scholars, has come, in the last twenty- five years, objective changes which have completely revolutionized the entire De- partment. During the last decade a great change has taken place in the geographical distribution of the student body. In 1890, not nine per cent, of the graduates of the school expected to practice outside of Philadelphia. In 1900, at the opening of the new building, nearly fifty per cent, of the students of the school came from a dis- tance, all parts of the United States being represented. The school, from being a local school, has become a national one. The change forced the Faculty to recog- nize the fact that their duty towards the student did not end when a class hour was over. As students who came from a distance could not be expected to enter local ofifices, it became necessary that the University provide a place of study, as well as a place of instruction, for the student body. The new building, the opening of which is recounted in this volumfe, is the result. But the duty of a University towards a student coming from a distance does not end even with providing him with instruction and a place to study. It should provide him for the time being with a home. For this reason it became necessary History of the Department of Law. 247 that the Law Department's building should be near the other University buildings, where the student could be insensibly drawn into the life of the University and have healthy occupation for his hours of leisure. Again, the student from a distance, being unable to secure in the local offices instruction in practice, turned to the school to train him in the practice as well as in the knowledge of law. Indeed, it may be here pointed out, that, even had there not been a large increase in students coming from a distance, the change in local conditions would have forced the University authorities, not only to provide a place of study for local students, but instruction in practice. In the old days, before the typewriter and the trained clerk, the student was useful to his preceptor, being after a short time able to assist him in writing his letters and drawing the more simple legal papers. These conditions in a large city such as Philadelphia, have been for the last twenty years practically the conditions of the past, rather than existing conditions. The law student therefore has become more or less of a nuisance in the lawyer's office, taking up space for which the lawyer has to pay at a much higher rate than his predecessor. As a consequence, many of the local students cannot gain access to a lawyer's office, and even where this is pos- sible, the hurry and routine of modern business in the large majority of cases prevents the lawyer from giving any attention to his pupils. The Faculty recognizing these conditions, since 1897 no student entering the school has been permitted to graduate unless he has taken and passed an examination in the practice of the jurisdiction in which he intends to locate. Special instruction is given in Pennsylvania, New Jersey and Delaware Prac- tice, while the work of those intending to practice in other states is regularly supervised. Another change which has taken place in the teach- ing of the school in the last ten years, which is an out- growth of the wider geographical distribution of the 248 History of the Department of Law. students, is the character of the emphasis which is placed' in the instruction on the decisions of the State Courts of Pennsylvania. It was always recognized by the Faculty that the principles of the Common Law and the problems of the lawyer were essentially the same in all jurisdictions following the system of jurisprudence developed by the English speaking peoples, and therefore the student of law should by no means confine himself to the cases in any one jurisdiction. At the same time, where all the students expected to practice in a particular jurisdiction, it was but natural that the majority of cases to which the student was referred were cases decided by the courts of that jurisdiction. When, however, members of the stu- dent body expected to practice in all parts of the United States, the Faculty recognized the necessity of studying the fundamental questions of our law from material gath- ered from any court administering that law, without undue emphasis upon the decisions of any particular jurisdic- tion. Had the development ended there, there would un- questionably have been a distinct loss to those students, still forming the majority of the school, who expected to practice in the State of Pennsylvania. For while the Pri- vate Law is essentially the same in all parts of the United States except Louisiana, the courts of each state naturally rely very largely on their own decisions, as these decis- ions are more familiar to them. In conjunction, therefore, with the change necessary in the emphasis to be laid on Pennsylvania cases in the general and fundamental courses, it became necessary to add as elective courses in the third or graduating year, courses confined entirely to the statu- tory and other peculiarities of Pennsylvania Law. At the same time the professor in the more general courses is expected to direct a student to any peculiarities of the law of the state in which he expects to practice. It was said recently by a leading educator in speak- ing of the work done by a great University, that the highest praise which he could give was the fact that History of the Department of Law. 249 though the University had existed for many years, and the educational needs of the country in that time had constantly changed, the University had been able on the whole to meet new conditions as they arose. This may also be said of the Law School of the University of Penn- sylvania. During the fifty years of its continuous exist- ence the character of its instruction, and the methods and ideals of the Faculty have, as we have seen, changed more than once. But at any one period, with possibly one or two exceptions, the School has tended to adapt its work to the needs of the great body of those who came to it for instruction.