JK yC-NRLF CO o ■ DISIHTERESTED PUBLIC SERVICE. a iM ADOKP®"^ DELIVERED BEFORE THE ALUMNI AND STUDENTS OF THE DEPARTMENT OF LAW, OF THE UNIVERSITY OF MICHIGAN, WEDNESDAY, JUNE 24, 1891. BY HON. THOMAS F. BAYARD, LL. D., OF WILMINGTON, DEL. » ■> ■> 1 » ANN ARBOR, MICH.: PUBLISHED BY THE UNIVERSITY 1891. gKW iublic, because the welfare of the citizen was always first, and the pecuniary gain of the Bank always subordinate and secondary, in the conduct of its operations. It is of interest to learn what were the bases of such an institution. In the first place it was independent and no one connected with it could hold a state office. Its supreme powers were vested in a Board of Directors, styled "Pro- tectors," who were chosen in a manner calculated to insure a choice as impartial as could be. These Protectors received no emoluments what- ever, but had titles of high honor and were treated with the greatest respect. These Protectors and all other important functionaries of the Bank were elected for only one year, and only one member of any family could hold office during that term. The Protectors when retiring convoked the electoral college and were bound to impress upon its members the paramount duty of laying aside personal preferences and prejudices, and to vote only for men whose intelligence, patriotism, and integrity were calculated to secure the exis- tence and welfare of the Bank. No high functionary of the Bank was re-eligible until three years had elapsed. The managers were strictly forbidden to speculate, and to own a private interest in any of the bank's affairs; nor could they be interested in another banking house, and not only were their functions purely honorary, but they were obliged to take oath never to solicit for themselves or their relations any salaried office. To secure the observance of these rules there were four overseers, called "Sindicatori," who watched over the deeds of everyone connected with the Bank, high or low, not excepting the Protectors. These sup- ervisors were appointed for a single year, at a salary of twenty-five gold florins, and no more. Dulj^ sworn Notaries Public alone entered the debts, credits, and orders to pay, and these Notaries were changed every year. The book-keeping was by double entry, and the system, in its per- fection, is not surpassed by the Bank of England to-day. Secrecy and silence were maintained, to which all the officers, clerks, and menials were bound. Every one connected with the Bank subscribed the following oath : *'I swear on the Holy Writ to discharge legally and faithfully the duties entrusted to me by the office, to defend and promote to the best of my ability the honor and welfare of the company, and neither myself nor my wife nor my children have or will have an interest in state taxes or impositions of any kind, so help me God." By such provisions it was sought to guard against the frailty of human —21— nature, and, reading the history of our own time and the melancholy and mortifying history of many banks of the present day, we may learn what principles are essential to secure permanence in any human institution. Is it not an independent disinterestedness, and unselfish impartiality in the administration of the affairs of others? And the wider the scope of the agency, the vaster the field of action, the greater the importance of the subjects, — so much the more necessary is the observance of these principles. Under their influence the edge of corruption would be blunted, nepotism and favoritism would be discouraged, and a purification of the national character from selfish motives and selfish actions would be largely induced. To what class of American citizens can appeal for a recognition and support of these principles be made more confidently and fittingly than ot those who have adopted the study and practice of the law as their pro- fession? What is the real lawyer's just and abiding duty? To ascertain what is the law and lend his aid to have it truly declared and enforced. Pro clientibus saepe. Pro lege semper. History records the services of lawyers in every age to the cause of liberty, and, in the country from which our institutions are chiefly derived, it will be found that the leaders in the Parliamentary struggles to uphold the laws against corrupt and arbitrary power and the prerog- ative of Kings, have been members of that profession. The laws of our government should embody the principle upon which that government is organized, and under our written constitution careful and constant attention should be given to restrain the statute within the limitations of the delegations of powder. I have endeavored, imperfectly as I am aware, to enforce the essen- tial theory of our popular system, that as we have no government but the law, we should have no laws but such as are disinterestedly framed in the interests of the people at large for the common defence and gen- eral welfare, and not at the dictation of individual or class interests. The equities of our system are ennobling to the mind and nature of any one who can comprehend them and is willing manfully to sustain them. As a. profession, honorably followed, ours is the noblest — as a trade, it is the meanest. So long as civilized society exists, justice will be sought for by men as the essential basis for individual claims and the settlement of their infi- nite and various causes for disagreement, and in the enactment and ad- ministration of just laws lie the best hopes for permanence and prosperity of human institutions. These are to be the subject of your studies and the guides to your exertions. If I have to-day aided to place one stone firmly in the great wall of truth and justice, I shall have my reward —22— personally and professionally in the sense of disinterested service to a government under which I was born and whose blessings have descended to me as a precious inheritance. Gentlemen: The chief and great lesson of this University is the vital force and value of disinterested service. If it shall be asked what in- duced its foundation, what has erected these buildings, equipped them with all scientific apparatus, libraries, and other endowments, what has brought together here this faculty of learned, laborious, honored, and be- loved professors and instructors, there can be but one answer — the spirit of disinterested public service caused it all. For neither wealth nor love of wealth, nor fame, nor power could have done or prompted such work as has been done here, nor produced such results to the country and to mankind as by the blessing of God have been produced and are hereafter to be produced by this noble institution. Carry the lesson with you, my young countrymen, into the active careers of American citizenship, on the threshold of which you now stand, and remembering all that unselfish and disinterested public spirit has done for you in these halls, see to it that in full measure you make return by infusing such principles into the government and. laws of your country. For in them lies the best hope for the permanence and stability of free institutions. iSinder Gaylnrd Bros.. Inc. Stockton, Calif. T.M. Reg. U.S. Pat. Off. M223913 THE UNIVERSITY OF CALIFORNIA LIBRARY mm