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Letters from Sumner to Story, Washington D.C. (1834)
Source: Library of Congress, Joseph Story Papers
Citation:
Letters from Sumner to Story, Washington D.C. (1834), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
8 transcripted pages
Chapter 1 Page 1
March 19, 1834
Supreme Court Room
Wednesday
My Dear Judge Story,
The opinion of the Court has just been delivered in
the case of Wheaton V. Peters. The appearance of the parties &
of the different judges I have thought could be interesting to
you as an individual & as a judge - Judge
McLean, of course, read the opinion of the Court, which
appeared to me able & well considered, much
above my estimate of his powers. Mr. Wheaton
appeared strongly excited during its reading. Mr.
P[eters] was anxious but perfectly calm. Upon
its reading being finished, Judge Thompson said that he
differed from the Court - that in question was one of
the most important ever decided - that he
had not written out his opinion - but could
give [XXX] purport of it. He spoke with
much feeling - supporting a common law
property of an author - & adopting Webster's argument
on the requisites of a St[atute]. As to this last
point he said the court were equally divided,
so far as the operation of the St[atute] of 1802 went.
Judge Baldwin followed, expressing his hope,
that he should not have been obliged during
this term to have given an opinion, assenting
Chapter 1 Page 2
or dissenting from the opinion of the Court. He agreed
with Judge Thompson upon the common law right
& further said that he must dissent from another
point of the opinion of the Court - viz. that the U. States
qua U.S. had no common law. Judge Mclean,
after Baldwin had concluded, made an expla-
nation of the opinion of the Court on the Statute
point - he re-stated his own opinion which was based
upon the Statute of 1790 - & said that this was all
clearly stated in the opinion he had read. Judge
Thompson, with intemperate warmth, said that
if it had been clearly stated there would have been
no need of explanation. The Chief Justice here
made a statement of the opinion of the Court on
the debated point - which was listened to with
great attention. McLean then read the very
words of the opinion & added that this dialogue
across from one to another was very unplea-
sant. Thompson rejoined with a good deal
of warmth, while Baldwin, by looks & motions,
& [XXX] whispers, evidently sided with him.
The Chief Justice then said that unless he had
thought that the opinion as read needed
explanation, he should not have made it.
He feared lest the public should think the Court
were [equally] divided, as to the necessity of complying
with the requisites of the 4th section of [the] Statute of
Chapter 1 Page 3
1790 in order to hold a copyright; he therefore
stated in full the opinion of the Court on that point.
The above is a rUgged account of what passed
in a few minutes, but which reminded me of
Judge Cowen & his brethren on the N. York bench.
Henry Wheaton, upon the altercation being over,
moved that the Court lodge their opinions with
the clerk, that he might procure a copy of
them. The Chief Justice said that the Court could
make no order on that point; but that
each judge could do with his opinion, as he
pleased. I have forgotten to state that
Baldwin said that he should write out his
opinion & hand it to the Clerk or take some
other way of giving it publicity.
The case of the U. States [XXX] District Courts,
U.S. for Southern District of N. York is now
arguing by the Attorney General.
Yesterday afternoon. The Court had adjourned at 2 1/2 o'clock.
I feel now sad - that [???] occupation in Washington
is fine. I feel also solitary from your absence - though
had you been here, I then would, of course, have enjoyed your so-
ciety. Yet there would have been the pleasant & strengthening
sense that you were within call.
I met Judge [???] this afternoon who introduced me
once the unpleasant occurance of the [???] -
said that he never before witnessed such a scene on
Chapter 1 Page 4
the bench - that Judges Thompson & Baldwin were clearly
wrong - That Judge T. lost his balance.
Mr. Peters is happy with the result of the cause.
I called on Judge Porter today to talk to him about
[???] - he heard me rather coldly, gave me
very little about the character or life of our
benefactors - praised your Conflict* much - said it
[...]
showed learning & will be of good service in Louis-
iana & to all common lawyers who understand nothing
of the subject. His mind seemed turning upon something
else while I was there; so I stayed but a few minutes.
- He has spoken today in the Senate, was presenting a me-
morial from N. Orleans. The old debate was taken up in the Senate
on Webster's Report & Tallmadge has been speaking.
C.S.
[Right:]
Mr. McDuffie Will, probably, deliver tomorrow
a Philippic against the President, in comparison
with which his 1st speech this session will be
nothing. This he has told me himself.
[Centre:]
Honourable
Mr. Justice Story
Cambridge -
Massachusetts
________
*) Joseph Story's Commentaries on the Conflict of Laws (1834).
Chapter 1 Page 5
Washington March 20th, 1834
My Dear Judge,
I trust that you have read my hasty
epistle of yesterday in which I gave a sketch of the
scene in the Supreme Court of the delivery of the opinion in
the case Wheaton v. Peters. I have nothing to add
to that description, except my sense of its weakness
& imperfection, as giving an idea of what ac-
tually passed. The language, which I have
tried to preserve, does not give an idea. You
must imagine Judge T. in a perfect boil,
with Baldwin in a strong passion at his
back - Mclean, with mangled pride &
feeling checked by the proprieties of the place.
- Chief Justice Marshall with a sobriety of manner
that bespoke his regret that things were
at such a pass, looking like the good
man whom Virgil has described as able
to still the tumult of a crowd, by his
very appearance - while Duvall sitting
in utter unconsciousness of the strife around
him added to the grotesqueness of the scene.
Imagine also a large number of the bar
in front - looking on in anxiety & grief,
Chapter 1 Page 6
that such a scene should occur. The Chief Justice
mentioned to Mr. Peters, in the afternoon, while on his
way to the Norfolk boat, that he had said any-
thing on this occasion, though what he did say
appeared to my mind the very words that have
[???] He did not wish Mr. Peters to make
any mention of the differences in his report
of the case. - I am told that report with
its hundred tongues has magnified the story
beyond all imagination. Judge [???] sought
me particularly to say, that he might have
from me an unembellished account of the whole
affair. I told it him, as I have told you. He
said he was glad to hear that it was nothing
worse, he said that all Congress had heard
of it & had magnified it ten times over -
though, he added, it was bad enough.
I have feared it more than himself that Mr.
Wheaton was going to make an appeal to the public.
What will be the nature of the appeal I know
not.
We have had today nothing but [???] & [???]
the one sweeping in volumes up & [???] the other -
& me & the other pervading the Capitol, though
in both houses able men have been up. In the
Senate it might replied, in his [???] [???]
Chapter 1 Page 7
& measured sentences, to Webster's speech on his
Bank Bill - was replied to very dryly by
Webster - who was followed by Leigh, who
did nothing, as it was told, (I did not hear him)
but repeat in a different form what he had
already given us in prior speeches - as a
Jackson man observed to me - giving another turn
to the kaleidoscope of his mind. The im-
pression is quite current, that is Leigh has
but one set of ideas, which he is deter-
mined to bring out & use on every possible
occasion. He has no fullness, fertility or
variety. - In the House Pinckney of
South Carolina has been singing the tones of nullifi-
cation,* to a listless audience, the only
attentive member being Gov. Lincoln who
seems to give a studied attention to all
things that pass, including, of course,
all speeches delivered. He must have
imposed penance upon himself, if he has
determined to continue so faithful a Rep-
resentative long. His speech last Sunday,
on presenting the [???] Memorial, though
it read well enough, is spoken quite slightly
of by members present at its delivery.
________
*) The Nullification Crisis of 1828-33 in which the South Carolina convention
tried to nullify a federal tariff law.
Chapter 1 Page 8
Mr. Calhoun has given notice that he should
speak tomorrow on Webster's Bank Bill.
I shall hear him, & he probably will be
the last man I shall hear in Washington
- ever. I shall never come here again.
No inducement, I think - at least none that
my most flighty ambition can look for-
ward to, will take me away from [XXX]
steady & calm pursuit of my profession,
wherever I shall determine to pitch my
tent. Politics are very loathing. - My
next & sole desire ahead is to visit Europe
& my first professional gains shall be
devoted to that purpose. This accomplished,
I shall be ready for any circumstances
of life - even what is called settlement
in life. But why pester you with these
whims & fancies of mind? Your kindness
has given me too much freedom in addressing
you - though I do it ever with respect
& affection.
Good evening & my love to you &
yours - whom I hope you found happy
& well - Charles Sumner.
Transcription by: Megan Wren
Source: Library of Congress, Joseph Story Papers
Citation:
Letters from Sumner to Story, Washington D.C. (1834), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
8 transcripted pages
Chapter 1 Page 1
March 19, 1834
Supreme Court Room
Wednesday
My Dear Judge Story,
The opinion of the Court has just been delivered in
the case of Wheaton V. Peters. The appearance of the parties &
of the different judges I have thought could be interesting to
you as an individual & as a judge - Judge
McLean, of course, read the opinion of the Court, which
appeared to me able & well considered, much
above my estimate of his powers. Mr. Wheaton
appeared strongly excited during its reading. Mr.
P[eters] was anxious but perfectly calm. Upon
its reading being finished, Judge Thompson said that he
differed from the Court - that in question was one of
the most important ever decided - that he
had not written out his opinion - but could
give [XXX] purport of it. He spoke with
much feeling - supporting a common law
property of an author - & adopting Webster's argument
on the requisites of a St[atute]. As to this last
point he said the court were equally divided,
so far as the operation of the St[atute] of 1802 went.
Judge Baldwin followed, expressing his hope,
that he should not have been obliged during
this term to have given an opinion, assenting
Chapter 1 Page 2
or dissenting from the opinion of the Court. He agreed
with Judge Thompson upon the common law right
& further said that he must dissent from another
point of the opinion of the Court - viz. that the U. States
qua U.S. had no common law. Judge Mclean,
after Baldwin had concluded, made an expla-
nation of the opinion of the Court on the Statute
point - he re-stated his own opinion which was based
upon the Statute of 1790 - & said that this was all
clearly stated in the opinion he had read. Judge
Thompson, with intemperate warmth, said that
if it had been clearly stated there would have been
no need of explanation. The Chief Justice here
made a statement of the opinion of the Court on
the debated point - which was listened to with
great attention. McLean then read the very
words of the opinion & added that this dialogue
across from one to another was very unplea-
sant. Thompson rejoined with a good deal
of warmth, while Baldwin, by looks & motions,
& [XXX] whispers, evidently sided with him.
The Chief Justice then said that unless he had
thought that the opinion as read needed
explanation, he should not have made it.
He feared lest the public should think the Court
were [equally] divided, as to the necessity of complying
with the requisites of the 4th section of [the] Statute of
Chapter 1 Page 3
1790 in order to hold a copyright; he therefore
stated in full the opinion of the Court on that point.
The above is a rUgged account of what passed
in a few minutes, but which reminded me of
Judge Cowen & his brethren on the N. York bench.
Henry Wheaton, upon the altercation being over,
moved that the Court lodge their opinions with
the clerk, that he might procure a copy of
them. The Chief Justice said that the Court could
make no order on that point; but that
each judge could do with his opinion, as he
pleased. I have forgotten to state that
Baldwin said that he should write out his
opinion & hand it to the Clerk or take some
other way of giving it publicity.
The case of the U. States [XXX] District Courts,
U.S. for Southern District of N. York is now
arguing by the Attorney General.
Yesterday afternoon. The Court had adjourned at 2 1/2 o'clock.
I feel now sad - that [???] occupation in Washington
is fine. I feel also solitary from your absence - though
had you been here, I then would, of course, have enjoyed your so-
ciety. Yet there would have been the pleasant & strengthening
sense that you were within call.
I met Judge [???] this afternoon who introduced me
once the unpleasant occurance of the [???] -
said that he never before witnessed such a scene on
Chapter 1 Page 4
the bench - that Judges Thompson & Baldwin were clearly
wrong - That Judge T. lost his balance.
Mr. Peters is happy with the result of the cause.
I called on Judge Porter today to talk to him about
[???] - he heard me rather coldly, gave me
very little about the character or life of our
benefactors - praised your Conflict* much - said it
[...]
showed learning & will be of good service in Louis-
iana & to all common lawyers who understand nothing
of the subject. His mind seemed turning upon something
else while I was there; so I stayed but a few minutes.
- He has spoken today in the Senate, was presenting a me-
morial from N. Orleans. The old debate was taken up in the Senate
on Webster's Report & Tallmadge has been speaking.
C.S.
[Right:]
Mr. McDuffie Will, probably, deliver tomorrow
a Philippic against the President, in comparison
with which his 1st speech this session will be
nothing. This he has told me himself.
[Centre:]
Honourable
Mr. Justice Story
Cambridge -
Massachusetts
________
*) Joseph Story's Commentaries on the Conflict of Laws (1834).
Chapter 1 Page 5
Washington March 20th, 1834
My Dear Judge,
I trust that you have read my hasty
epistle of yesterday in which I gave a sketch of the
scene in the Supreme Court of the delivery of the opinion in
the case Wheaton v. Peters. I have nothing to add
to that description, except my sense of its weakness
& imperfection, as giving an idea of what ac-
tually passed. The language, which I have
tried to preserve, does not give an idea. You
must imagine Judge T. in a perfect boil,
with Baldwin in a strong passion at his
back - Mclean, with mangled pride &
feeling checked by the proprieties of the place.
- Chief Justice Marshall with a sobriety of manner
that bespoke his regret that things were
at such a pass, looking like the good
man whom Virgil has described as able
to still the tumult of a crowd, by his
very appearance - while Duvall sitting
in utter unconsciousness of the strife around
him added to the grotesqueness of the scene.
Imagine also a large number of the bar
in front - looking on in anxiety & grief,
Chapter 1 Page 6
that such a scene should occur. The Chief Justice
mentioned to Mr. Peters, in the afternoon, while on his
way to the Norfolk boat, that he had said any-
thing on this occasion, though what he did say
appeared to my mind the very words that have
[???] He did not wish Mr. Peters to make
any mention of the differences in his report
of the case. - I am told that report with
its hundred tongues has magnified the story
beyond all imagination. Judge [???] sought
me particularly to say, that he might have
from me an unembellished account of the whole
affair. I told it him, as I have told you. He
said he was glad to hear that it was nothing
worse, he said that all Congress had heard
of it & had magnified it ten times over -
though, he added, it was bad enough.
I have feared it more than himself that Mr.
Wheaton was going to make an appeal to the public.
What will be the nature of the appeal I know
not.
We have had today nothing but [???] & [???]
the one sweeping in volumes up & [???] the other -
& me & the other pervading the Capitol, though
in both houses able men have been up. In the
Senate it might replied, in his [???] [???]
Chapter 1 Page 7
& measured sentences, to Webster's speech on his
Bank Bill - was replied to very dryly by
Webster - who was followed by Leigh, who
did nothing, as it was told, (I did not hear him)
but repeat in a different form what he had
already given us in prior speeches - as a
Jackson man observed to me - giving another turn
to the kaleidoscope of his mind. The im-
pression is quite current, that is Leigh has
but one set of ideas, which he is deter-
mined to bring out & use on every possible
occasion. He has no fullness, fertility or
variety. - In the House Pinckney of
South Carolina has been singing the tones of nullifi-
cation,* to a listless audience, the only
attentive member being Gov. Lincoln who
seems to give a studied attention to all
things that pass, including, of course,
all speeches delivered. He must have
imposed penance upon himself, if he has
determined to continue so faithful a Rep-
resentative long. His speech last Sunday,
on presenting the [???] Memorial, though
it read well enough, is spoken quite slightly
of by members present at its delivery.
________
*) The Nullification Crisis of 1828-33 in which the South Carolina convention
tried to nullify a federal tariff law.
Chapter 1 Page 8
Mr. Calhoun has given notice that he should
speak tomorrow on Webster's Bank Bill.
I shall hear him, & he probably will be
the last man I shall hear in Washington
- ever. I shall never come here again.
No inducement, I think - at least none that
my most flighty ambition can look for-
ward to, will take me away from [XXX]
steady & calm pursuit of my profession,
wherever I shall determine to pitch my
tent. Politics are very loathing. - My
next & sole desire ahead is to visit Europe
& my first professional gains shall be
devoted to that purpose. This accomplished,
I shall be ready for any circumstances
of life - even what is called settlement
in life. But why pester you with these
whims & fancies of mind? Your kindness
has given me too much freedom in addressing
you - though I do it ever with respect
& affection.
Good evening & my love to you &
yours - whom I hope you found happy
& well - Charles Sumner.
Transcription by: Megan Wren