coming more and more an absorbing one, and will, if it continues to extend its influence, lead to a dissolution of the Union. At least, there are many of our soundest statesmen who look to this as a highly probable event.

The only other subject of general interest now before Congress is the sub-treasury scheme, (as it is called) substituting a machinery of the Government itself for the usual agency of banks, as depositaries and remittants of the public money, which is strongly opposed by the whole Whig party, as a measure designed to concentrate in the executive department the whole power over the currency of the country, and thus by its patronage and its arbitrary measures, to subject the commerce of the country to an irresistible influence. It will probably be defeated.

I am glad to say that the trade of America is universally reviving, and that the terrific blows which struck down its prosperity, directed by the arm of the Administration, have ceased, and left us, as we may, to resume our ordinary business. No country but a young and vigorous one could have borne such sad mismanagement and various experiments. It affords one of many proofs how easy it is under specious pretexts to blind the people to their own true interests, and to make them the victims of mere partisan and selfish projects.

I am looking with great interest to the movements on your side of the Atlantic. What is to be the reign of Victoria? Are the Whigs to retain power, or are the Tories to succeed them in the Administration? I cannot but think that the Radicals are too eager for changes, and too precipitate in their movements. I fear that I shall differ from you on this point. It seems to me that time is a great thing in affairs of state just now. Every hour of a Whig Administration will consolidate the means of future advancement in reform, so far as it is desirable. If the Tories should return to power, the retardation of all reforms will be greatly increased, if not indefinitely postponed. It seems to be the destiny of all Whig Administrations to last but for a brief season. I look

with no small anxiety to the meeting of Parliament and the positions of Lord Durham, and Lord Brougham, and the Ministry.

I presume that you see most of our periodicals; they will sufficiently inform you of the progress of our literature. I know of no recent work likely to excite much interest in England.

Believe me most truly and affectionately your friend,

JOSEPH STORY.

TO JAMES JOHN WILKINSON, ESQ., OF THE TEMPLE, LONDON.

MY DEAR SIR:

Washington, January 22d, 1839.

I am now at the seat of Government of the United States in attendance at the annual session of the Supreme Court. Although I had a long time ago the pleasure of receiving your letter, stating that you had sent me an unique copy of "Boethius de consolatione Philosophiæ," yet it was but a short time before I left home that I had the gratification of receiving it. This is to me a great literary curiosity, and very much enhanced in value by coming from your hands, and as an expression of your kindness. I have proudly placed it in my library, among my most valued curiosities of this sort. In America, we have few antiquities of any kind, and although I have a strong natural tendency to such studies, I have had few opportunities of indulging my taste. America is hardly old enough yet to make the love of the old supersede the love of the new. Yet I hope we are fast advancing towards that period of national history.

The note of Mr. Parker which you enclosed was very gratifying to me, and I am much obliged to him for his favorable opinion of my work on Bailments. That work is now. nearly out of print, and I shall soon begin to make preparations for a new edition. At present, I am engaged in preparing commentaries on "Commercial and Maritime Law," which will probably occupy, in the whole, five or six vo

lumes; but each treatise will constitute a distinct and independent work. The first volume will treat of the Law of Agency, with illustrations from the civil and foreign law. This volume is now in the press; and I trust will be completed in a couple of months after I return home, so that I hope to have the pleasure of sending you a copy by the beginning of the next summer. My work on Equity Jurisprudence is now passing through the press in a new and enlarged edition containing all the later discussions. I have availed myself of the opportunity to correct some of the errors, and to make the work better entitled to the public favor. But, indeed, my judicial duties, and my professorial employments, scarcely allow me the necessary leisure to make such emendations as I could desire. I am almost compelled to examine and write on the spur of the occasion.

I perceive that your late Reports contain a great many cases on the subject of the new Rules of Pleading; and that Parliament has continued, for a limited period, the power of the Courts to make additional rules. What, on the whole, has been the practical operation of the new rules? Have they lessened litigation? or promoted certainty in ascertaining the points positively in issue? or facilitated the general despatch of business and the progress of suits through their various stages before trial?

In America, as I have formerly stated to you, we have almost abolished special pleading; and we are looking to you to ascertain the success of your experiment; and if it be successful, it is not improbable that some of our American States will adopt your course. I shall be glad to know what is the opinion on this subject among the profession. It is to be expected that at the first operations there will be many miscarriages, and many demurrers to the special pleadings. But it is desirable to know whether the difficulties are practically increasing or diminishing.

We have just received news of the death of Mr. Justice Allan Park, of the Common Bench. His work on Insurance

was published only a few years before I came to the Bar; and I well remember the high favor with which it was then received, and the strong relish with which I read it forty years ago. As one after another the Judges of your Courts. depart, who were, as it were, the familiars of my youthful studies, I feel deeply the passage of time, and seem to be musing among the ruins of the past.

Believe me, with the highest respect and regard,

Truly yours,

JOSEPH STORY.

DEAR WILLIAM:

TO MR. WILLIAM W. STORY.

Washington, January 27th, 1839.

I am much obliged to you for your letter, and what you may not exactly have conjectured, I agree entirely in the views suggested in it. My opinion is, that every man should propose to himself one great object in life, to which he should devote his main, but not his exclusive attention. Without keeping constantly in view one main object or purpose, a man never can hope for eminence, and not even for success. He will become inert, capricious and desultory, preparing many themes, and accomplishing none. On the other hand, an exclusive devotion to a single pursuit or object, generally makes a man narrow in his views, vulgar in his prejudices, and illiberal in his opinions. I think every man should widen his learning and literature, and vary his tastes as far as he may, by comprehensive examinations, not inconsistent with, or superseding his main pursuit.

A lawyer, above all men, should seek to have various knowledge, for there is no department of human learning or human art, which will not aid his powers of illustration and reasoning, and be useful in the discharge of his professional duties. It has been the reproach of our profession in former ages, and is, perhaps, true to a great extent in our own times, that lawyers know little or nothing but the law, and that, not in its philo

sophy, but merely and exclusively in its details. There have been striking exceptions, such as Lord Hardwicke, Lord Mansfield, Lord Stowell, Lord Brougham, and Mr. Justice Blackstone. But these are rare examples; and too few to do more than to establish the general reproach. I might, in our country, add an exception in Chancellor Kent, who is a scholar and general reader.

I agree, also, that the true secret of study is not merely constancy, but also variety or change in it. A man who always reads in one line, soon grows dull, and ceases to think; and change of study invigorates as well as amuses the mind. Besides, he who has a taste for different pursuits, is not only more independent of others in his enjoyments, but he is more master of his own time and thoughts; he wastes less in the mere pursuit of idle and desultory pleasures. So that you may perceive, that I am not yet so old, as not to believe that there are other things besides law, which are worth trying one's mind in grappling with, and improving one's tastes and perceptions, by mastering. But not to prose too much in this way, I will turn to other topics.

Yesterday, all the Judges and principal members of the Bar dined with the President. It was a splendid dinner.

We are going steadily on in business, but not making any rapid advances. We had a fine argument from Mr. Crittenden and Mr. Webster a few days ago, and the presence of a bevy of ladies to add greater interest to the scene. Give my love to the family.

I am, affectionately, your father,

JOSEPH STORY.

The case of Nichols and Couch, in which the master and mate of a vessel were indicted for cruelty and ill usage, practised on one of the seamen under them, came before my father this year. Upon trial, the prisoners were found guilty, and sentenced, the one to ninety