The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-16

WASHINGTON. October 10, ls4l.
DEAR sin l avail myself OF the hrst moment OF lei
sure have found, since your letter was forwarded TO
me from Charleston. 10 answer II and VIII begin oy
assuring you that only your apologies Tor call
ing upon me quite superhuous, but that have seldom
felt compliment than that implied Ia your refer
ring TO such subject, and been more interested
and eager comply with request iron The agfeea
bic OF making IT. In short your letter strikes me
the language OF one who has decided vocation iof
that side he stands ready TO undertakes and am delight
ed 10 offer you OF the fruits OF my own experience
because am guile sure you will make good use oil
them
What you aim al is. first, make yourself master OF
the great seisna e,iis QuiniIlan has Ito under
stand theoretically the philosophy OF legislation and the
constitution OF civil society, In The broadcast accePaiion
OF the term, including all the influences. political judi
cia, and moral that affect the desnies OF mankind, uni
ted IN bodies polite; and second how best to turn that
knowledge 10 account In the actual services OF the State
This is Noble object and you will pardon for say
ing il is the very one proposed TO myself in boyhood.
and Of which have never for moment lost sight
since. and to which everything else in my studies and
pursuits has been IN my view, merely subsidiary and in
s,rumental Ii is true that having from favorable cir.
cumances been enabled TO pursue my studies with
leisure. and to greater extent, than Americans are asu-
ally permitted 10 do have acquired many things that
generally reckoned merely ornImsll but never mad,
any sacrifice TO attain them. They were picked up be-
cause found them IN m pah--by the side OF The great
road meant to travel, and from which was determined
nothing should tempt me TO deviae. | never could
reconcile myself to the idea OF what is called teray
life"that is, TO life OF conemplave and epcurean
passed in the midst of the business OF men, promoting
The great actual interests OF society Not to act the
minds OF ones contemporaries seems to me to be living III
vain.
Your questions, although distinguished they dis
ting Unstable speculation well in practice. must
for purposes be considered together The sort OF
of an ancient Common wealth, which always fitted him TO
perform all the Offices public and private, OF peace and
war; whatever his favorte tastes and studies might be
Thus in the most pamy state OF Ahenan genius abou,
the breaking of the Peloponesian all their great
wits practical men-Sophocles was general. So
sialwart soldier &C. Thucyddes. the historian.
most notable example OF the same thing. Indeed,
am firmly convinced that one OF the of the
passing excellence of Greek literature the very fac,
that genius always tried in the fierce struggles OF
public life and constrained TO be thoroughly experienced
in the passions and ways OF men.
This being assumed, you must begin by making yourself
lawyer, and a thorough one ! mean you must master
Blackstone's Commentaries, with kenrs and Story's;
and not content with that, you must study Cokes nst
iues-not the Coke Lilteton merely, but oil the ns,l
tues. hold II for certain that no man can take lead
in the debates OF this country without this sort of know
edge, and that his lead in II will be pretty nearly pro-
portioned to his stock OF it, Look for instance al Judge
Marshas famous argument IN the case OF Jonathan Rob-
bns-the most triumphant exhibition OF ability ever yet
made in Congress, and which none but a lawyer could
have made. And SO of all our other great men-Il like
the Roman pa,ricians-iawyers OF course Read MIR.
Jeesons State Papers, when he was Secretary OF State
and see how he discusses great principles OF law True,
they rather OF international than municipal law but
that is nothing The law of nations is only branch OF
the common law" and II is that mighty common lav OF
the English that pervades-nay, consii,utes-the
whole body and bulk of our institutions, and without
thorough knowledge Of which nobody truly understands
those institutions. These as have been preaching for
the last twelve years, are altogether historical If you
want 10 know what they are, you must look to
the monuments OF the past, 10 Magma Charia (Which has
generally been transcribed in State constitutions,
the Petition of Rights IN 1929 the Bill OF Rights in 1858,
the Act OF Settlement in 1903, &c. Then the Lex Para
mentaria, (Hatselps Precedenls, Seq .. .r# e..
Then, branch OF this study, which has been
explored as deserves 10 bel mean the history and
mains of the Commonwealth OF England, the school OF
republican fathers-WhiteIocke, Prynne, Harrng-
ton and Sidneyogether with the champions of the lure
Divine side, Hobbies, Ia OF wonderful abilities,)
Clarendon, &c. Then, little later, the writings OF
Locke Che was the guide and master OF our ancestors,
and his very uords copied the Declaration Of lnde
pendence,) Hoady, &c.
Bot, although IRON the sources mentioned you will
draw great deal of theoretical ledge you must add
TO II that thorough insight into the history OF the times,
without which ones views OF institutions like
be very superficial The history OF England is still TO
De wnilen Tunes except as mere wiring. Is rash-a
ianago OF prejudice and romance. Llngafds is very
much better, especially in doing justice OF the
greatest elements OF modern social progress the in1u-
OF the Roman Catholic church-a subject mseraoy
misapprehended by most English writer's Haam's Con.
s,tuona History very good work, bat not thorough
enough, neither does go back Tar enough There is
work written by foreigner that n my judgment, throws
more light upon the forsston of society and government
IN England than anything IN the English language
Thiey's HsiOrs de Ia Con9ueie de f4agesrrs par les
Noymand" which is believe but YOU either
do, or should, by all means, know French-and would
recommend 10 you 10 read IN this connexion Meyers In
situations Judciares-he part OF il relating TO English
law - very striking
take II for granted, you say you planter, that
you have leisure TO study these things thoroughly; and
20, then other things-always. however, with view
10 business, and 10 oral an written discussion. hen
say you must be lawyer, do not mean an attorney,
but counsellor and advocate, and profound iunst and
publcist. Now, ihi. last man be that does not
study tie iUt fato the basis oi all European legislation
Ihe civilians are the greatest masters OF ludcal hllos-
opby To be found where PolheIs works IN pracli-
cal jurisprudence scarcely rvalled tor the uneung
luigmen, with which he brings TO bear he subest met.
sphyscs oil law and casuis,ry upon questions oil meuBl
num. The institutes OF Justinian, with the COM
Of Germany still further enargug bounds of the
science, and clearing up the difficulties leIl Unexplained
by the doctors OF past times Tue celebrated Professor
Savigny, whose history OF the Roman law in The MIDDLE
ages has altered the whole face OF that study together
with such works as M Guzots History OF Civilization
in France, in vols is publishing great element
any work, OF which have received four volumes
II you could acquire German, you would hnd il the
most labor saving contrvance in the world. am quite
sure II had gone TO Gottngen, as intended, in my
YOUTH instead OF going TO Edinburgh, | might have
dispensed with half the books have since found 10 be
unworthy OF notice from n critical student The Ger
mans now, and have for time past BEEN treat
ing this very subject OF the philosophy OF sociely and
legislation IN sle peculiar 10 themselves for they dis
all other iuqulrers, both in accurate re-
search and in criticism You must al all events
get Heeren's works on the History of Antiquity and his
manual OF Modern History, &c.
For Greek history. let Anachasiss Travels &c alone
they are good for nothing. Get, |, Be,kh's Public
Economy; 2. Muer's Dorians; 3, Hermanh's Manual of
Greek History; 4, Wachsputh's Greek Antiquities; s.
Schlossers History OF the Ancient Worll.