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ON RECEIVING THE DEGREE OF

DOCTOR OF LAWS

YALE UNIVERSITY COMMENCEMENT,

JUNE 30, 1886 * MR. PRESIDENT AND GENTLEMEN:

I KNOW of no mark of honor which this country has to offer that I should value so highly as this which you have conferred upon me. I accept it proudly as an accolade, like the little blow upon the shoulder from the sword of a master of war which in ancient days adjudged that a soldier had won his spurs and pledged his life to decline no combat in the future.

The power of honor to bind men's lives is not less now than it was in the Middle Ages. Now as then it is the breath of our nostrils; it is that for which we live, for which, if need be, we are willing to die. It is that which makes the man whose gift is the power to gain riches sacrifice health and even life to the pursuit. It is that which makes the scholar feel that he cannot afford to be rich.

One would sometimes think, from the speech of young men, that things had changed recently, and that indifference was now the virtue to be cultivated. I never heard any one profess indifference to a boat race. Why should you row a boat race? Why

* From Speeches (1913), printed by Little, Brown & Co.

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endure long months of pain in preparation for a fierce half-hour that will leave you all but dead? Does any one ask the question? Is there any one who would not go through all its costs, and more, for the moment when anguish breaks into triumph — or even for the glory of having nobly lost? Is life less than a boat race? If a man will give all the blood in his body to win the one, will he not spend all the might of his soul to prevail in the other?

I know, Mr. President, that there is a motive above even honor which may govern men's lives. I know that there are some rare spirits who find the inspiration of every moment, the aim of every act, in holiness. I am enough of a Puritan, I think, to conceive

I the exalted joy of those who look upon themselves only as instruments in the hands of a higher power to work out its designs. But I think that most men do and must reach the same result under the illusion of self-seeking. If the love of honor is a form of that illusion, it is no ignoble one. If it does not lift a man on wings to the sky, at least it carries him above the earth and teaches him those high and secret pathways across the branches of the forest the travellers on which are only less than winged.

Not the least service of this great University and its sister from which I come is, that by their separate teaching and by their mutual rivalry they have fostered that lofty feeling among their graduates. You have done all that a university can do to fan the spark in me. I will try to maintain the honor you have bestowed.

THE USE OF LAW SCHOOLS *

ORATION BEFORE THE HARVARD LAW SCHOOL ASSOCIATION, AT CAMBRIDGE, NOVEMBER 5, 1886, ON THE 2 50TH ANNIVERSARY OF HARVARD

UNIVERSITY

It is not wonderful that the graduates of the Law School of Harvard College should wish to keep alive their connection with it. About three quarters of a century ago it began with a Chief Justice of the Supreme Court of Massachusetts for its Royall Professor. A little later, one of the most illustrious judges who ever sat on the United States Supreme Bench -- Mr. Justice Story — accepted a professor

ship in it created for him by Nathan Dane. And from that time to this it has had the services of great and famous lawyers; it has been the source of a large part of the most important legal literature which the country has produced; it has furnished a world-renowned model in its modes of instruction; and it has had among its students future chief justices and justices, and leaders of state bars and of the national bar too numerous for me to thrill you with the mention of their names.

It has not taught great lawyers only. Many who have won fame in other fields began their studies here. Sumner and Phillips were among the Bachelors of 1834. The orator whom we shall hear in a day or two appears in the list of 1840 alongside of William Story, of the Chief Justice of this State, and of one of the Associate Justices, who is himself not less known as a soldier and as an orator than he is as a judge. Perhaps, without revealing family secrets, I may whisper that next Monday's poet also tasted our masculine diet before seeking more easily digested, if not more nutritious, food elsewhere. Enough. ough. Of course

* From Speeches (1913), printed by Little, Brown & Co.

Of course we are proud of the Harvard Law School. Of course we love every limb of Harvard College. Of course we rejoice to manifest our brotherhood by the symbol of this Association.

I will say no more for the reasons of our coming together. But by your leave I will say a few words about the use and meaning of law schools, especially of our law school, and about its methods of instruction, as they appear to one who has had some occasion to consider them.

A law school does not undertake to teach success, That combination of tact and will which gives a man immediate prominence among his fellows comes from nature, not from instruction; and if it can be helped at all by advice, such advice is not offered here. It might be expected that I should say, by way of natural antithesis, that what a law school does undertake to teach is law. But I am not ready to say even that, without a qualification. It seems to me that nearly all the education which men can get from others is moral, not intellectual. The main part

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of intellectual education is not the acquisition of facts, but learning how to make facts live. Culture, in the sense of fruitless knowledge, I for one abhor. The mark of a master is, that facts which before lay scattered in an inorganic mass, when he shoots through them the magnetic current of his thought, leap into an organic order, and live and bear fruit. But you cannot make a master by teaching. He makes himself by aid of his natural gifts.

Education, other than self-education, lies mainly in the shaping of men's interests and aims. If you convince a man that another way of looking at things is more profound, another form of pleasure more subtile than that to which he has been accustomed - if you make him really see it — the very nature of man is such that he will desire the profounder thought and the subtiler joy. So I say the business of a law school is not sufficiently described when you merely say that it is to teach law, or to make lawyers. It is to teach law in the grand manner, and to make great lawyers.

Our country needs such teaching very much. I think we should all agree that the passion for equality has passed far beyond the political or even the social sphere. We are not only unwilling to admit that any class or society is better than that in which we move, but our customary attitude towards every one in authority of any kind is that he is only the lucky recipient of honor or salary above the average, which any average man might as well receive as he. When the effervescence of demo

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