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Charles Sumner, his complete works, volume 18 (of 20)

Volume 18 — DUTY OF THE YOUNG COLORED LAWYER.

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Address at the Commencement Exercises of the Law Department of Howard University at Washington, February 3, 1871.

Illustration from Charles Sumner: his complete works, volume 18 (of 20)

Young Gentlemen, Graduates of the Law School:—

I am glad in listening to the exercises on this interesting occasion. They carry me back to early life, when I was a student at the Law School of Harvard University, as you have been students in the Law School of Howard University. I cannot think of those days without fondness. They were the happiest of my life. Nor do I doubt that hereafter you will look back with something of the same emotion to your student days.

There is happiness in the acquisition of knowledge, which surpasses all common joys. The student who feels that he is making daily progress, constantly learning something new, who sees the shadows by which he was originally surrounded gradually exchanged for an atmosphere of light, cannot fail to be happy. His toil becomes a delight, and all that he learns is a treasure,—with this difference from gold and silver, that it cannot be stolen or lost. It is a perpetual capital at compound interest. Therefore do I say, for the sake of happiness, and also for worldly good, must the young man be faithful in study.

Pardon me, if, while congratulating you upon the career you now commence, I make one or two practical suggestions, which I hope may not be without value.

In the first place, you must not cease your studies, now that you leave the Law School. You must be students always. Some there are who content themselves with what is called “an education,” and then cease their studies. This is a mistake. At college or school we acquire the elements of knowledge, and we learn also how to study,—but very little more. If to this be added the love of study, this is the beginning of success.

But your studies must not be confined to the Law; you must study other things. Your minds must be refined and elevated by Literature; your knowledge must be extended by Science. All great lawyers testify to the importance of these acquisitions. Probably most persons familiar with the law would recognize the venerable Horace Binney, of Philadelphia, as the living head of the profession in our country; but while he was engaged in practice, he was not more remarkable for profound learning in the Law than for various attainments in scholarship and science. The necessity of literature to the lawyer is illustrated by an anecdote of Lord Brougham, who, when Chancellor of England, was visited by the father of a young man just commencing his law studies, and asked what books he would especially recommend to the beginner. “Tell him to read Dante,” was the prompt reply. “But,” said the astonished father, “my son is beginning law.” “Yes,” said the Chancellor, “and I say tell him to read Dante. If he would be a good lawyer, he must be at home in literature.”

There is one other possession without which science, literature, and law, all in amplest measure, will be of small avail: it is Character. Would you succeed, you must deserve success; and this can only be by character. Cicero, in his work describing the orator, says that he must be a good man; that otherwise he cannot be a true orator.[268] This is heathen testimony worthy of constant memory. But the same may be said of the lawyer. Remember well, do not forget, you cannot be a good lawyer unless you are a good man. Nothing is more certain.

If to these things be added health, there is no success which will not be within your reach.

There is one other remark which I hope you will allow me to make. Belonging to a race which for long generations has been oppressed and despoiled of rights, you must be the vigilant and sensitive defenders of all who suffer in any way from wrong. The good lawyer should always be on the side of Human Rights; and yet it is a melancholy fact in history that lawyers have too often lent learning and subtle tongue to sustain wrong. This you must scorn to do. In the sacred cause of Justice be faithful, constant, brave. No matter who is the offender,—whether crime be attempted by political party, by Congress, or by President,—wherever it shows itself, whether on the continent or on an island of the sea, you must be ready at all times to stand forth, careless of consequences, and vindicate the Right. So doing, you will uphold your own race in its unexampled trials.

Each of you is a unit of the mass. Therefore, sustaining the rights of all, you will sustain your own. Be not satisfied with anything less than the Rights of All. But while generously maintaining the rights of others, I venture to say that you will be entirely unworthy of the vantage-ground on which you now stand, if you do not insist at all times on those Equal Rights which are still denied to you. Here particularly is a duty. The poet has said that

“Who would be free, themselves must strike the blow.”

You are all free, God be praised! But you are still shut out from rights which are justly yours. Yourselves must strike the blow,—not by violence, but in every mode known to the Constitution and Law. I do not doubt that every denial of Equal Rights, whether in the school-room, the jury-box, the public hotel, the steamboat, or the public conveyance, by land or water, is contrary to the fundamental principles of Republican Government, and therefore to the Constitution itself, which should be corrected by the Courts, if not by Congress. See to it that this is done. The Constitution does not contain the word “white”; who can insert it in the Law? Insist that the common-school, where the child is prepared for the duties of manhood, shall know no discrimination unknown to the Constitution. Insist, also, that the public conveyances and public hotels, owing their existence to Law, shall know no discrimination unknown to the Constitution, so that the Senator or the Representative in Congress, who is the peer of all at the National Capitol, shall not be insulted and degraded on the way to his public duties. Insist upon equal rights everywhere; make others insist upon them. Insist that our institutions shall be brought into perfect harmony with the promises of the Declaration of Independence, which is grand for its universality. I hold you to this allegiance,—first, by the race from which you are sprung, and, secondly, by the profession you now espouse.

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