The New York herald., 1879-09-15
LITER A TU R b.
Memoirs of a Jurist and Studies
of a Professor.
BIOGRAPHY AND TRAVEL.
A Word to Workingmen-NOvels
and Chit-Chat.
MEMOIR OF A GREAT JURIsr.

MEMOIR OF A GREAT JURIsr.
Messrs. Little. Brown Il Co.. OF Boston. publish
"A Memoir of benjamin Robbins Curtis LID, with
Some of His Professional and Miscellaneous
Writings. Edited by his Son. Benjamin r. Curtis.
The subject of this memoir is universally conceded
TO have of the ablest of the great lawyers
who have adorned that profession in acountry where
the highest talents have generally been attracted
to the Bar At the carly age of forty-one he was APP
pointed on the strong recommendation of MIR.
Webster then Secretary of State of the Justices
OF the Supreme Court of the United States-a posi-
tion in which he at took rank as the
peer in intellectual capacity and legal learning
of the Oldest and ablest members of that
tribunal. He remained on the bench only six or
years. resignng soon after delivering the
most mastery and important dissenting opinion in
the history of American Jurisprudence, opinion
which reversed in the public judgment, though not
in legal effect the decision of the majority Of the
court. We. of course. refer to the celebrated Dred
Scott decision. which electrified the country and
stirred the public mind to its profoundest depths.
Judge Curtis dissenting opinion a complete
argumentative antidote to the elaborate reasoning
of Chief Justice Taney, although it required bloody
civil war to reverse its judicial effect From that
time Judge Curtis became of the most applauded
and famous men in the history Of Ameri-
Jurisprudence. In connection with the
Dred Scott this memoir presents a curious
and most surprising chapter Of secret judicial his
tory, i'll the form OK sharp and protracted CORE
spondence between Judge Curtis and Chief Justice
Taney. Whatever may be thought of the propriety
OF publishing this singular correspondence and Of
the subsequent comments on it found among Judge
Curtis papers, it reveals something quite
pected behind the calm exterior Judicial life. This
private controversy with the Chief Justice may not
have caused. but it doubt FASTENED Judge Curtis
resi2nation; in fact he appeared the bench
again after delivering his. dissenting opinion in the
Dred Scott case The ostensibe reason for his re-
tirement was the inadequacy of the salary but he
procssed that it the sole reason The sal.
ary OF justice of the Supreme Court at that time
was $s.00O and during the subsequent seventeen
years at the Bar Judge Curtis average pr OCCASIONAL
income was $4,000 per annum.
He did not Ifterward become conspicuous out of
the beaten walks of his profession except on one or
two occasions. He made the ablest argument on
either side in the impeachment trial of President
Johnson for although others may have surpassed
him in eloquence he unequalled close,
cogent, lucid reasoner. He was afterward offered
the Attorney Generalship. which he declined. and
later he invited by different administration to
act as counsel for the government in the Geneva
arbitration. which he also declined. Although these
volumes would seem by their title page to have been
prepared by Judge Curtis informed in
the preface that the memoir written at his re-
quest by his uncle, Mr.. George Ticknor Curtis, of
this city. The private and domestic life which it
portrays is as admirable and interesting the ju-
rdcal and professional talents Of Judge Curtis were
solid. masculine and penetrating.
STUDIES IN PHILOSOPHY AND LITERATURE"
Some five years ago Professor William Knight, OF
st. Andrews University. published paper in the
Contemporary Recieo that brought almost the entire
religious world down upon him. He was replied to
from every quarter of the globe and sermons were
preached and pamphlets written to prove him adam
gercus man. Professor Knight bore bravely up
against this tidal wave and answered his oppo-
nents in later number OF the same magazine. In
deed, so bitter the feeling that judicial process
was raised against him. Among those to pronounce
the most iercely against Professor Knight was His
Grace the Duke OF Argyll. The of all this dis
turbance was paper entitled. "The Function of
Prayer in the Economy of the Universe" Every one
Will recall the prayer test excitement it was
dubbed. and the part taken in it by the Duke of
Argyll and Professor Knight. Probably to show that
he still holds to the same views this subject Pro-
fessor Knight has collected number of his essays,
among which aretwo on the prayer test. and pub
lished them in volume entitled, studies in
dom. He believes it impossible for a person
. slightly acquainted with scientific methods
aud results to brook the idea OF any inter-
ference with the laws of external nature being
produced by human prayer" The closing
paragraph OF his final paper on this subject sets
forth that the theoretc belief that .all things are
possible with God" must be limited with the prac
tcal conviction that He does only is best and
our individual requests follow he example of
tho Hghest:Si possible transact caiir sed non q,iod
ego Uoio sed quod Tu Professor Knight argues clev-
erly and clearly. aud backs his arguments with good
sense. The origin of the first essay prayer was
attempt. the author tells u.s. TO yindicato its rea
sonablencss against the plea of the agnostic and o
show that. while there is sphere which it is in
applicabie-bccause no rational devout man ex-
poets TO divert the of natural law by his De-
ttions and to interfere with the preestabshed har
monies OF the world-science could be really
hostile to DEVOTION could the latter be contra
band TO philosophy.
The studies in literature in this volume relate to
Wordsworth philosophical poet, moralist and an
interpreter of nature. The subject Of evolution is
entered into by Professor Knight. who. while he
does not deny the evolution OF intellectual and
moral ideas. denies that their evolution can explain
their origin. lie argues that the intellectual and
moral nature OF man is entirely duo 30 the infuenc
of anteccdcnts. That this volume OF Professor
knights will ind circle of readers we have
no doubt; neither do we doubt that it will iud
much adverse criticism.
''rISToRETTo' AND "HoLBErN."
The two latest biographies issued in continuation
of Scrbner weltord's series. "The Great Artists"
". Roscoe Osler's "Tintorotto" and Joseph
Cundalrs "Hans Hobein." Mr.. Oslcr's excellent
story OF the lite. and influence of the great
Venetian Jacopo Robusto called '"rntoretto" from
the occupation of his father. dyer, s the writer
believes the only separate biography in English OF
the painter. The authorities TO which he acknowl.
edges his indebtedness DR.. Hubert Janitschek,
NJ Charles Blanc. the old Italian writer Cavalier