a most laborious, shockingly laborious circuit; and it is hardly over yet. No longer ago than last Saturday, I delivered an opinion two hours long in a case of a bottomry bond, presenting some new points, -the argument of which occupied four days, by Stackpole and Dexter for the plaintiffs, and Choate and Mason for the claimants. I decided for the plaintiff. The opinion was full of research into the civil law, and the ancient maritime writers and civilians, and the line of argument required it. Indeed, there will be an ample volume of opinions for you before your return. I have recently received a pamphlet on the Trial of Controverted Elections in the House of Commons, from the author, whose name is Percival Welden Banks, Barrister at Law, but whom I have not the pleasure of knowing. It is a very clever, or as we should say, sensible performance. I shall send him a letter of thanks. I have also received a copy of Williams on Executors and Administrators, second edition, from the author, Edward Vaughan Williams, of Lincoln's Inn. Is he the son of Sergeant Williams? The present is truly valuable, for the work is excellent. And now that I have told you all about myself, of which you kindly asked information, I must turn about and tell you something of our home concerns. The last session of Congress ended disgracefully for the Administration, which has persisted with a most perverse and rash obstinacy in its financial projects, ruinous to the country. The Sub-Treasury scheme, one of the worst measures, in my judgment, which could have been fastened on the country, and which would have been the source of the most mischievous corruptions of the country, was defeated after a terrible struggle. The Administration did all it could to carry it, and it was lost by a majority of about twenty only in the House, though in my conscience I do not believe that there were thirty members who really approved it. I think, however, the better men are acquiring a higher tone of thinking. We talk the matter into our law students daily. They begin already to be wide awake to the dignity of the law and its morals. Greenleaf is excellently well. The Law School flourishes. We had sixty good fellows last term, with the prospect of at least seventy next term. I have given nearly the whole of last term, when not on judicial duty, two lectures every day, and even broke in upon the sanctity of the dies non juridicus, Saturday. It was carried by acclamation in the school; so that you see we are are alive. I envy you all your literary talk and literary friends, but still more your judicial friends of the Bar and Bench. What you state of their rank in the profession, is exactly what I had supposed, either from reading the Reports, or from rumors abroad. Denman is right. Brougham will rise with posterity. Some of his judgments are admirable specimens of juridical reasoning. But he seems now to be in a false position; absolutely wrong, and mischievously demolishing his high reputation. For heaven's sake, cannot some one put him right? I always took Parke to be the leader; and Patteson next; and Tindal a strong, old-fashioned common lawyer. Alderson is apt and clear, and of good learning; Cottenham deserves his increasing reputation, and Langdale does not deserve his decreasing reputation. He will overcome the extravagant expectations of his friends, and be a great Judge. I have not thought very highly of the Vice-Chancellor; he does not seem to me to rise above mediocrity. What do they say in England? You know what I have always thought of Lyndhurst; what you have said confirms my opinion. Your character of Vaughan charms me; pray say every thing to him and to his brother, Sir Charles, of my deep respect for and attachment to them. You perceive that I ramble from one thing to another. But I have not time to do more than follow the current of my thoughts as they rise. I had the pleasure of seeing at Washington, last winter, Mr. Mackintosh, son of Sir James, and the author of the Biography of his father. He has, since his return, kindly sent me a copy. It is a delightful work. Pray get acquainted with him if you can. He is shy, but intelligent and agreeable. Pray put your conservative friends right as to us in America. We are not all demagogues, or mad, conceited democrats. They seem hostile to all of us, and to our institutions, from gross mistakes of our opinions and our principles. Why, our Whigs are quite as conservative as themselves, making only the proper distinctions as to the form of government. if he would I wish Hayward would turn his attention a little more to America; he is by far too exclusive and local. The circulation of his magazine would be far greater here show some kindred feeling for American Law. the commercial articles for his magazine? They are very good. His biographies are exceedingly pleasant and instructive. Who writes But I must be done, having, as the subpoena says, laid aside all other things for you. Before this reaches you, you will have seen Edinburgh. What a rush of thoughts that name gives rise to! Not merely Scott, and Campbell, and Jeffrey; but Hume, and Robertson, and Stewart, and Burns, and a host of the proudest names in literature and science are before me. Believe me, most affectionately yours, The "case of the Bottomry Bond," spoken of in the last letter, was "The Ship Fortitude, (3 Sumner's R. 228,) in which the rights, duties, and liabilities of the borrower and lender in bottomry were very ably and learnedly discussed. It will be seen, by the previous letter, that nearly all the copies of the first edition of the Commentaries on Equity had been exhausted. It became necessary, therefore, to prepare another edition. To this task he at once betook himself, and enlarged the work by his additions at least one third. At the same time he was performing very heavy Circuit duties, lecturing daily for two hours in the Law School, holding extra mootcourts, and writing a new Treatise on the Law of Agency. This work he put to press in December, and it was published in the following spring. The Commentaries on Agency met with the same success as his previous works. It was highly commended in all the journals at home and abroad, and at once found a large and ready market. The American Jurist, for January, 1840, speaks of it as having "supplied every deficiency, and left nothing to be desired by the practitioner or student. . The whole work is marked with that ample and redundant learning, and vigorous good sense which have given his previous writings so high an authority, both in England and America." The London Law Magazine, for February, 1840, in a review of the work, says: "The powerful assistance which Mr. Justice Story has already given in the study of several departments of Law and Jurisprudence, is a sufficient reason for drawing the attention of our readers to this new publication; but an additional motive, were any needed, would be supplied by the spirit in which all his publications are conceived. .. He has entered philosophically into the subject, has traced principles with persevering scrutiny, and without losing sight of the wants of a practical lawyer, has produced a treatise in which the student may ascertain the elements and principles on which the entire doctrine is founded." I select the following agreeable letters, among many others, as an evidence of the reception which this work met with from learned and accomplished minds familiar with the subject of which it treats. The first letter is from George Joseph Bell, Esq., the author of the able Commentaries on the Law of Scotland. MY DEAR SIR: TO HON. JOSEPH STORY. Edinburgh, 12th December, 1838. I address you as if I had the honor of being known to you. I have conversed much with you, and have heard of you so much from our mutual friends who have visited our shores, that I cannot speak to you as to a stranger. I have to acknowledge many obligations to you for knowledge imparted and views opened of great consequence, and you will easily believe me in expressing my respect for your labors, when I tell you that, in learning from your friend, Mr. Sumner, your intention of writing on the Law of Agency, I at once abandoned a half-completed work on that important subject. I have ventured to send to you two books, which, from a sense of duty to my pupils, I have lately published,—one on the Principles of the Laws of Scotland, another of illustrations of those principles from adjudged cases. You will, of course, receive them as they were intended, not for the perusal of the masters in jurisprudence, but for the initiation of students. While your books and judicial arguments are filling us (those of us who do read) with admiration, it cannot fail to give us some little pain to see that you are, in great views and comprehensive learning, getting far before us. But I trust this will only excite us to that generous strife and emulation out of which may come universal improvement. I have the honor to be, my dear Sir, With very sincere respect, yours faithfully, |