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give a graceful carriage to the mind? Are good manners, the external graces, worthy to be cultivated, because they give pleasure to others? And are the graces of the intellect to be entirely neglected ? Is the generous youth to be told that nothing is necessary but to be able to compute the cost of fifty bushels of corn? The proprieties, and even the elegancies of life, when they do not run away with the heart, nor interfere with the performance of serious duties, are well deserving our attention. But let it not be imagined, that in thus insisting upon the general argument of experience—the greatest of all teachers—in favour of classical learning, or in answering one or two particular objections, it is meant to be conceded, that it cannot be vindicated upon original grounds. It can be, and it has been, repeatedly and triumphantly shown, that these unequalled languages, which, as was long ago said of them, “ have put off flesh and blood, and become immutable,” are precisely calculated to perform the most important general offices of a liberal education, in a manner that no other known study will accomplish. They awaken attention—they develope and employ the reasoning facultythey cultivate the taste—they nourish the seeds of the imagination-give employment to the memory—and, in a word, they discipline and invigorate, in due proportion, all the intellectual powers, and prepare them for orderly and effective exertion in all the varied exigencies which may require their action. Nor is this all. They lay the foundation of that learning which will abide with us, and increase our enjoyments in all the vicissitudes of life.

But the limits of a discourse would be unreasonably transcended, by an attempt to enter into a more particular examination of this subject. Nor is it necessary that I should thus trespass upon your patience, already so largely taxed- Abler heads, and stronger hands—strong in good learning-have been repeatedly employed upon the work -and I should only enfeeble their demonstrations, by at

tempting to restate the process. As a witness, however, stating the result of his observations, confirmed by the observations of others, I may be allowed to say, that to a young man, entering upon the study of a liberal profession, a thorough groundwork of classical education is like a power gained in mechanics, or rather it is the foundation wanted by Archimedes for his fulcrum! It gives him a mastery of his studies which nothing else can supply. Of its other influences, allow me to quote to you the testimony of a distinguished female, who, to uncommon opportunities united extraordinary genius and power of observation, and is entirely free from all suspicion of partiality. “The English Universities, (says Madame de Stael, in her ‘Germany,’) have singularly contributed to diffuse among the people of England that knowledge of ancient languages and literature, which gives to their orators and statesmen an information so liberal and brilliant. It is a mark of good taste to be acquainted with other things besides matters of business, when one is thoroughly acquainted with them ; and, besides, the eloquence of free nations attaches itself to the history of the Greeks and Romans, as to that of ancient fellow countrymen. * * * * The study of languages, which forms the basis of instruction in Germany, is much more favourable to the progress of the faculties in infancy, than that of the Mathematics and Physical sciences.” For this she quotes the admission of Pascal. Some part of the doubt, which, in this country, has been insinuating itself into the public mind, is owing to the imperfect and insufficient manner in which the languages have been taught; or rather, it should be said, in which they have been learned; for there has probably been at , all times a disposition to teach them. Enough has not been acquired to fix a permanent taste in the student himself, or to demonstrate its value to others. The consequence is, that the graduate suffers his little stock to decay from neglect, and his parents and friends exclaim that learning is of no use. Another consequence is, that there is no scholar-like mind, to exert its influence upon the community, and operate upon the mass of public opinion. The corrective is in more thorough teaching. It will require more time and more labour from the student. But time thus employed, will be well employed. And as to labour —if he desire to arrive at excellence of any sort, he can learn nothing better than how to apply himself with dili. gence to the work that is before him. There is a great deal of affectation in the world, of facility and expedition in the performance of intellectual tasks—of doing things quickly, and without preparation or exertion, as if by an inspiration of genius, and differently from those, who, by way of derision, are called plodders! It is a poor affectation. Sometimes it is maintained at the expense of sincerity, by concealing the pains that are really taken. Oftener it is only the blustering of conscious weakness and indolence. The highest and surest talent—that which will hold out longest, and often reach the greatest elevation—the only talent, I might almost say, which is given to man for intellectual achievement—is the talent of applying his faculties to produce a good result—that is, of labouring with success. No one need be ashamed of possessing, of exercising, or of cultivating it. The great lesson of life is to apply ourselves diligently to what is before us. Life itself is but a succession of moments. The largest affairs are made up of small parts-The greatest reputation is but the accumulation of successive fruits, each carefully gathered and stored. The most learned scholar began with learning words. Every day is by itself a day of small things. But the sum of our days makes up our life—and the sum of our days' work makes up the work of our life. Let every one, therefore, who would arrive at distinction, remember, that the present moment is the one he is to improve, and apply himself diligently to its improvement.

ARGUMENT,

IN THE CASE OF THE CHEROKEE NATION ps. THE STATE OF GEORGIA, BEFORE THE SUPREME COURT OF THE UNITED STATES, MARCH 5, 1831.

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Motion for an injunction to prevent the execution of certain acts of the legislature of the state of Georgia, in the territory of the Cherokee nation of Indians, on behalf of the Cherokee nation; they claiming to proceed in the supreme court of the United States as a foreign state against the State of Georgia; under the provision of the constitution of the United States, which gives to the court jurisdiction in controversies in which a state of the United States and the citizens thereof, and a foreign state, citizens, or subjects thereof, are parties.

Mr. SERGEANT, in support of the motion for the injunction, after recapitulating the principal heads of the bill, said, that in the brief exposition to be presented of the case of the complainants, he should confine himself strictly and entirely to the judicial aspect of the question, avoiding all political considerations, and every topic which did not conduce directly to a legal conclusion. That he would endeavour still further to simplify the matter, by confining himself, as far as possible, to the very party before the court, the Cherokee nation: without wandering into the discussion of questions about Indians in general, their condition and rights, which must necessarily be vague and indefinite. Each case must at last depend, a few general principles being first settled, upon its own particular circumstances.

With this view, and within these limits, he would consider, and endeavour to establish the following propositions.

1. That the parties before the court were such as, under the constitution, to give to this court original jurisdiction of the complaint made by the one against the other.

2. That such a case or controversy, of a judicial nature, was presented by the bill, as to warrant and require the interposition of the authority of the court.

3. That the facts stated by the complainants, exhibited such a case in equity, as to entitle them to the specific remedy by injunction prayed for in the bill.

In the present stage of the inquiry, and for the purpose of this motion, the statement in the bill was to be received as true. The points before mentioned, therefore, being made out, there could be no doubt of the right of the complainants to an injunction against the state of Georgia, to issue immediately, and to continue until the coming in of an answer sufficient to dissolve it; or until it should be merged in the general injunction upon a decree in the cause. These points he would now proceed to consider.

1. The power relied upon is contained in the second section of the third article of the constitution of the United States, limited afterwards by the eleventh amendment. "Section 2. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority, &c. to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens or subjects.” “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have

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