JAMES WILSON

ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE
UNITED STATES, AND PROFESSOR OF LAW IN

THE COLLEGE OF PHILADELPHIA

BEING HIS PUBLIC DISCOURSES UPON

JURISPRUDENCE AND THE POLITICAL SCIENCE

INCLUDING LECTURES AS PROFESSOR OF LAW, 1790-2

EDITED BY

JAMES DEWITT ANDREWS

LEX FUNDAMENTUM EST LIBERTATIS, QUA FRUIMUR. LEGUM OMNES SERVI
SUMUS, UT LIBERI ESSE POSSIMUS.

VOL. I.

CHICAGO

CALLAGHAN AND COMPANY

CIC.

TO

EDWIN BURRITT SMITH

OF THE CHICAGO BAR,

IN TESTIMONY OF THE EDITOR'S APPRECIATION

OF HIS FRIENDSHIP AND HIGH

REGARD FOR HIS ATTAINMENTS AS A LAWYER,

THIS EDITION

OF THE WORKS OF A FAVORITE AUTHOR

IS INSCRIBED.

PREFACE TO PRESENT EDITION.

A GOVERNMENT of laws seems to require an administration of lawyers. This is true, at least, to the extent that a fair knowledge of the laws of a community should be possessed by all who may be called upon to exercise a judgment in its change or application.

In this sense our author says that a knowledge of the laws of our country is essential to every citizen and freeman, and he evidently intended the statement to contrast with that of Blackstone, that "a knowledge of the laws under which he lives is the necessary accomplishment of every gentleman and scholar."

Under a monarchy there are subjects. In the United States there are citizens, but no subjects. No one can be more than a citizen, no native-born can be less. The aggregate of these citizens compose the body politic-the people. The advantages of a competent knowledge of our law is apparent when we consider what a vantage-ground for advancement the profession of the law constitutes.

One might almost say that this was a government of the lawyers and by the lawyers. Of the lawyers, because of the important, almost controlling part, they played in its institution; by the lawyers, because of the important part they have taken in its administration. In every branch of government, legislative, executive and judicial, lawyers have always predominated, but so well have they borne in mind the ethics of the profession, that their office, whether in the administration of justice, or when coupled with other pub