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[353]

It can never do any harm for a lawyer to use his pen in behalf of his profession outside of his own professional duties. Our modern Virginia bar has furnished some striking illustrations of this in Benjamin Watkins Leigh, and his son-in-law, Conway Robinson; Prof. John A. G. Davis, and his brother-in-law, John B. Minor, and the other distinguished Law Professors, John Tayloe Lomax and Henry St. George Tucker, and James M. Mathews, law writer and State Reporter, who is not only a worthy son of Essex, but of the efficient clerk, Wm. B. Matthews, of the court over which Judge Brockenbrough presided. There were still in Virginia district courts of chancery, besides the circuit courts.

The connection between the two volumes of the reports of the decisions of the general court of Virginia led to a rapid flight over nearly eleven years of Judge Brockenbrough's distinguished career. In the meantime occurred about the most important event in that career, which not only gave him a vacation from his judicial labors, but a pleasant visit to that delightful region which has always had such attractions for Virginians ever since the time of Spotswood and his Knights of the Golden Horseshoe. That visit was under the most flattering auspices conceivable.

On the 21st of February, 1818, the State legislature passed an act to take effect March 1st, ‘for appropriating a part of the Literary Fund, and for other purposes.’ The whole statute had reference to schools and education, but among its ‘other purposes’ was the establishing of the University. ‘In order to aid the legislature in ascertaining a permanent site for the University and in organizing it,’ the executive was required to appoint, without delay, twenty-four discreet and intelligent persons, one for each senatorial district, who were to meet the first of August next, at the tavern in Rockfish Gap, on the Blue Ridge. Three-fourths of this ‘Board of Commissioners for the University’ were necessary for the transaction of business. It was their high province to report to the next session of the legislature; 1st, A proper site for the University; 2d, A plan for the buildings thereof; 3d, The branches of learning to be taught therein; 4th, The number and description of professorships; and 5th, Such general provisions as might properly be enacted by the legislature for the better organizing and governing the University.

Governor James P. Preston duly made the appointment of such men as he and his advisers deemed well qualified for such a sacred and solemn trust, and this distinguished Board of Commissioners met on the first day of August, at the place designated, and that

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