There is a tendency to absorption by one pursuit or one idea, against

which we must especially guard. The mere man of business is "a man of

one idea,"[141] and his solitary idea has its root in no generous

or humane desires, but in selfishness. He lives for himself alone.

He may send his freights to the most distant quarters of the earth,

and receive therefrom returning argosies, but his real horizon is

restricted to the narrow circle of his own personal interests; nor does

his worldly nature, elated by the profits of cent per cent, see with

eye of sympathy, in cotton sold or sugar bought, the drops of blood

falling from the unhappy slaves out of whose labor they were wrung. In

the mere man of business the individual is lost in the profession or

calling, thinking only of that, and caring little for other things of

life. He is known by the character that business impresses upon him.

He is untiring in its pursuit, but with no true progress, for each day

renews its predecessor. Benevolence calls, but he is deaf, or satisfies

his conscience by a dole of money. Literature exhibits her charms, but

he is insensible. And innocent recreation makes her pleasant appeal,

but he will not listen. He is absorbed, engrossed, filled in every

vein by the "one idea" of business with new methods of adding to his

increasing gains, as the mouth of the money-seeking Crassus was filled

by the Parthians with molten gold.

[141] At the date of this Lecture the Abolitionist was constantly

taunted, especially by business men, as "the man of one idea."

We learn to deride the pedant who sacrifices everything to the

accumulation of empty learning, which he displays at all times, as a

peddler his wares. The image of Dominie Sampson, in Scott's novel of

"Guy Mannering," is a happy scarecrow to frighten us from his "one

idea." But the merchant whose only talk is of markets, the farmer

whose only talk is of bullocks, and the lawyer whose only talk is

of his cases, are all Dominie Sampsons in their way. They have all

missed that completeness and harmony of development essential to the

balance of the faculties and to the best usefulness. They have become

richer in this world's goods; but they have sacrificed what money

cannot supply,--a general intelligence, an independence of calling or

position, and a catholic, liberal spirit. In the prejudices engendered

by exclusive devotion to a single pursuit, they have lost one of the

most important attributes of man,--the power to receive and appreciate

truth.

It is a common saying, handed down with reverence in my own profession,

where it is attested at once by Bacon and by Coke, that "every man

owes a debt to his profession." If by this is meant that every man

should seek to elevate his profession, and to increase its usefulness,

the saying is a truism, although valuable as at least one remove

from individual selfishness. But is it not too often construed so as

to exclude exertion in any other walk, or to serve as a cloak for

indifference to other things? Important as this debt may be,--and

I will not disparage it,--not for this alone are we sent into the

world. There are other debts which must not be postponed. Man was

not thus fearfully and wonderfully made,--the cunningest pattern of

excelling Nature,--endowed with infinite faculties,--traversing with

the angels the blue floor of Heaven,--ranging with light from system

to system of the Universe,--descending to the earth and receiving

in bountiful largess all its hoarded treasures,--girdling the globe

with the peaceful embrace of commerce,--imposing chains even upon the

lawless sea,--making the winds and elements do his bidding,--summoning

to his company all that is and all that has been the good and great

of all times, exemplars of truth, liberty, and virtue, all the grand

procession of history,--formed to throb at every deed of generosity

and self-sacrifice, and to send forth his sympathies wider and sweeter

than any south-wind blowing over beds of violets, until they reach the

most distant sufferer,--formed for the acquisition of knowledge and of

science,--gifted to enjoy the various feast of letters and art, the

breathing canvas and marble, the infinite many-choired voices of all

the sons of genius who have written or spoken, the beauty of mountain,

field, and river, the dazzling drapery of the winter snow, the glory

of sunset, the blushing of the rose,--man was not made with all these

capacities, looking before and after, spanning the vast outstretched

Past, penetrating the vaster unfathomable Future, with all its images

of beauty, merely to follow a profession or a trade, merely to be a

merchant, a lawyer, a mechanic, a soldier.

"So God created man in his own image; in the image of God created he

him." The image of God is in the soul, and the young must take heed

that it is not effaced by the neglect of any of the trusts they have

received. They must bear in mind that there are debts other than to

their profession or business, which, like gratitude, it will ever be

their pleasure, "still paying, still to owe,"--which can be properly

discharged only by the best employment of all the faculties with which

they are blessed,--so that life shall be improved by culture and filled

with works for the good of man.

In no respect would I weaken any just attachment to the business of

one's choice. Goethe advised every one to read daily a short poem;

and in the same spirit would I refine and elevate business by the

chastening influence of other pursuits, by enlarging the intelligence,

by widening the sphere of observation and interest, by awakening new

sympathies.

In the faithful husbandry of time, in the aggregation of all its

particles of golden sand, is the first stage of individual progress.

With the living spirit of industry, the student will find his way easy.

Difficulties cannot permanently obstruct his resolute career. He will

remember "rare Ben Jonson," one of England's admired and most learned

bards, working as a bricklayer with a trowel in his hand and a book in

his pocket,--Burns, wooing his muse as he followed the plough on the

mountain-side,--the beloved German Jean Paul, composing his earliest

works by the music of the simmering kettles in his mother's humble

kitchen,--and Franklin, while a printer's boy, straitened by small

means, beginning those studies and labors which make him an example to

mankind.

Seek, then, occupation; seek labor; seek to employ all the faculties,

whether in study or conduct,--not in words only, but in deeds also,

mindful that "words are the daughters of Earth, but deeds are the

sons of Heaven." So shall you eat of that fabled fruit growing on the

banks of the river of Delight, whereby men gain a blessed course of

life without one moment of sadness. So shall your days be filled with

usefulness,--

"And when old Time shall lead you to your end,

Goodness and you fill up one monument."

There is a legend of Friar Roger Bacon, so conspicuous in what may be

called the mythology of modern science, which enforces the importance

of seizing the present moment; nor could I hope to close this appeal

with anything better calculated to impress upon all the lesson I have

sought to teach. With wizard skill he had succeeded in constructing a

brazen head, which, by unimaginable contrivance, after unknown lapse

of time, was to speak and declare important knowledge. Weary with

watching for the auspicious moment, which had been prolonged through

successive weeks, he had sought the refreshment of sleep, leaving

his man Miles to observe the head, and to awaken him at once, if it

should speak, that he might not fail to interrogate it. Shortly after

he had sunk to rest, the head spake these words, _Time is_. But the

foolish guardian heeded them not, nor the commands of his master, whom

he allowed to slumber unconscious of the auspicious moment. Another

half-hour passed and the head spake the words, _Time was_, which

Miles still heeded not. Another half-hour passed, and the head spake

yet other words, _Time is past_, and straightway fell to the earth,

shivered in pieces, with a terrible crash and strange flashes of fire,

so that Miles was half dead with fear; and his master awoke to behold

the workmanship of his cunning hand and the hopes he had builded

thereupon shattered, while the voice from the brazen throat still

sounded in his ears, TIME IS PAST!

BIOGRAPHICAL SKETCH OF THE LATE JOHN PICKERING.

ARTICLE IN THE LAW REPORTER OF JUNE, 1846.

It was a remark of Lord Brougham, illustrated by his own crowded life,

that the complete performance of all the duties of an active member

of the British Parliament might be joined to a full practice at the

bar. The career of the late Mr. Pickering illustrates a more grateful

truth: that the mastery of the law as a science and the constant

performance of all the duties of a practitioner are not incompatible

with the studies of the most various scholarship,--that the lawyer

and the scholar may be _one_. He dignified the law by the successful

cultivation of letters, and strengthened the influence of these elegant

pursuits by becoming their representative in the concerns of daily life

and in the labors of his profession. And now that this living example

of excellence is withdrawn, we feel a sorrow which words can only

faintly express. We would devote a few moments to the contemplation of

what he did and what he was. The language of exaggeration is forbidden

by the modesty of his nature, as it is rendered unnecessary by the

multitude of his virtues.

* * * * *

JOHN PICKERING, whose recent death we deplore, was born in Salem,

February 7, 1777, at the darkest and most despondent period of the

Revolution. His father, Colonel Pickering, was a man of distinguished

character and an eminent actor in public affairs, whose name belongs to

the history of our country. Of his large family of ten children John

was the eldest.[142] His diligence at school was a source of early

gratification to his family, and gave augury of future accomplishments.

An authentic token of this character, beyond any tradition of partial

friends, is afforded by a little book entitled "Letters to a Student in

the University of Cambridge, Massachusetts, by John Clarke, Minister

of a Church in Boston," printed in 1796, and in reality addressed to

him. The first letter begins with an honorable allusion to his early

improvement. "Your superior qualifications for admission into the

University give you singular advantages for the prosecution of your

studies.... You are now placed in a situation to become, what you have

often assured me is your ambition, _a youth of learning and virtue_."

The last letter of the volume concludes with benedictions, which did

not fall as barren words upon the heart of the youthful pupil. "May

you," says Dr. Clarke, "be one of those sons who do honor to their

literary parent. The union of _virtue_ and _science_ will give you

distinction at the present age, and will tend to give celebrity to the

name of Harvard. You will not disappoint the friends who anticipate

your improvements." They who remember his college days still dwell with

fondness upon his exemplary character and his remarkable scholarship.

He received his degree of Bachelor of Arts at Cambridge in 1796.

[142] The reporter, Octavius Pickering, was so named from his being the

_eighth_ child.

On leaving the University he went to Philadelphia, at that time the

seat of government, his father being Secretary of State. Here he

commenced the study of the law under Mr. Tilghman, afterwards the

distinguished Chief Justice of Pennsylvania, and one of the lights of

American jurisprudence. But his professional lucubrations were soon

suspended by his appointment, in 1797, as Secretary of Legation to

Portugal. In this capacity he resided at Lisbon for two years, during

which time he became familiar with the language and literature of the

country. Later in life, when his extensive knowledge of foreign tongues

opened to him the literature of the world, he recurred with peculiar

pleasure to the language of Camoens and Pombal.

From Lisbon he passed to London, where, at the close of the last

century, he became, for about two years, the private secretary of our

Minister, Mr. King, residing in the family and enjoying the society and

friendship of this distinguished representative of his country. Here he

was happy in meeting with his classmate and attached friend, Dr. James

Jackson, of Boston, then in London, pursuing those medical studies

whose ripened autumnal fruits of usefulness and eminence he still lives

to enjoy. In pleasant companionship they perambulated the thoroughfares

of the great metropolis, enjoying together its shows and attractions;

in pleasant companionship they continued ever afterwards, till death

severed the ties of long life.

Mr. Pickering's youth and inexperience in the profession to which he

afterwards devoted his days prevented his taking any special interest,

at this period, in the courts or in Parliament. But there were several

of the judges who made a strong impression on his mind; nor did he

ever cease to remember the vivacious eloquence of Erskine or the

commanding oratory of Pitt.

Meanwhile, his father, being no longer in the public service, had

returned to Salem; and thither the son followed, in 1801, resuming

the study of the law, under the direction of Mr. Putnam, afterwards a

learned and beloved Judge of the Supreme Court of Massachusetts, whose

rare fortune it has been to rear two pupils whose fame will be among

the choicest possessions of our country,--Story and Pickering. In due

time he was admitted to the bar, and commenced the practice of the law

in Salem.

Here begins the long, unbroken series of his labors in literature and

philology, running side by side with the daily, untiring business

of his profession. It is easy to believe, that, notwithstanding his

undissembled predilection for jurisprudence as a _science_, he was

drawn towards its _practice_ by the compulsion of duty rather than by

any attraction it possessed for him. Not removed by fortune from the

necessity, to which Dr. Johnson so pathetically alludes, of providing

for the day that was passing over him, he could indulge his taste

for study only in hours secured by diligence from the inroads of

business or refused to the seductions of pleasure. Since the oration

for Archias, perhaps no lawyer ever lived who could have uttered with

greater truth the inspiring words with which, in that remarkable

production, the Roman orator confessed and vindicated the cultivation

of letters: "Me autem quid pudeat, qui tot annos ita vivo, judices, ut

ab nullius unquam me tempore aut commodo aut otium meum abstraxerit,

aut voluptas avocârit, aut denique somnus retardârit? Quare quis tandem

me reprehendat, aut quis mihi jure succenseat, si, quantum cæteris ad

suas res obeundas, quantum ad festos dies ludorum celebrandos, quantum

ad alias voluptates, et ad ipsam requiem animi et corporis conceditur

temporum, quantum alii tribuunt tempestivis conviviis, quantum denique

aleæ, quantum pilæ, tantum mihi egomet ad hæc studia recolenda

sumpsero?"[143]

[143] Pro Archia, c. 6.

In his life may be seen two streams flowing side by side, as through a

long tract of country: one fed by the fresh fountains high up in the

mountain-tops, whose waters leap with delight on their journey to the

sea; while the other, having its sources low down in the valleys, among

the haunts of men, moves with reluctant, though steady, current onward.

Mr Pickering's days were passed in the performance of all the duties

of a wide and various practice, first at Salem, and afterwards at

Boston. He resided at the former place till 1827, when he removed to

the metropolis, where two years afterwards he became City Solicitor,

an office whose arduous labors he continued to discharge until within

a few months of his death. There is little worthy of notice in the

ordinary incidents of professional life. What Blackstone aptly calls

"the pert dispute" renews itself in infinitely varying form. Some

new turn of litigation calls forth some new effort of learning or

skill, calculated to serve its temporary purpose, and, like the manna

which fell in the desert, perishing on the day that beholds it. The

unambitious labors of which the world knows nothing, the advice to

clients, the drawing of contracts, the perplexities of conveyancing

furnish still less of interest than ephemeral displays of the

court-room.

The cares of his profession and the cultivation of letters left

but little time for the concerns of politics. And yet, at different

periods, he filled offices in the Legislature of Massachusetts. He was

three times Representative from Salem, twice Senator from Essex, once

Senator from Suffolk, and once a member of the Executive Council. In

all these places he commended himself by the same diligence, honesty,

learning, and ability which marked his course at the bar. The careful

student of our legislative history will not fail to perceive his

obligations to Mr. Pickering, as the author of important reports and

bills. The first bill for the separation of Maine from Massachusetts

was reported to the Senate by him in 1816, and though the object failed

for the time with the people of Maine, the bill is characterized by the

historian of that State as "drawn with great ability and skill."[144]

The report and accompanying bill on the jurisdiction and proceedings

of the Courts of Probate, discussing and remodelling the whole system,

were from his hand.

[144] Williamson, History of Maine, Vol. II. p. 663.

In 1833 he was appointed to the vacancy, occasioned by the death of

Professor Ashmun, in the commission for revising and arranging the

statutes of Massachusetts, being associated in this important work with

those eminent lawyers, Mr. Jackson and Mr. Stearns. The first part,

or that entitled _Of the Internal Administration of the Government_,

corresponding substantially with Blackstone's division _Of the Rights

of Persons_, was executed by him. This alone entitles him to be

gratefully remembered, not only by those having occasion to consult

the legislation of Massachusetts, but by all who feel an interest in

scientific jurisprudence.

His contributions to what may be called the literature of his

profession were frequent. The American Jurist was often enriched by

articles from his pen. Among these is a review of the valuable work of

Williams on the Law of Executors, and of Curtis's Admiralty Digest,

where he examined the interesting history of this jurisdiction; also an

article on the Study of the Roman Law, where, within a short compass,

he presented a lucid history of this system, and the growth in Germany

of the historical and didactic schools, "rival houses," as they may

be called, in jurisprudence, whose long and unpleasant feud has only

recently subsided.

In the Law Reporter for September, 1841, he published an article of

singular merit, on National Rights and State Rights, being a review

of the case of Alexander McLeod, recently determined in the Supreme

Court of New York. This was afterwards republished in a pamphlet, and

extensively circulated. It is marked by uncommon learning, clearness,

and power. The course of the courts of New York is handled with

freedom, and the supremacy of the Government vindicated. Of all the

discussions elicited by that interesting question, on which, for a

while, seemed to hang the portentous issues of peace and war between

the United States and Great Britain, that of Mr. Pickering will be

admitted to take the lead, whether we consider its character as

an elegant composition, or as a searching review of the juridical

questions involved. In dealing with the opinion of Mr. Justice Cowen,

renowned for black-letter and the bibliography of the law, he shows

himself more than a match for this learned Judge, even in these

unfrequented fields, while the spirit of the publicist and jurist gives

a refined temper to the whole article, which we vainly seek in the

other production.

In the North American Review for October, 1840, is an article by him,

illustrative of Conveyancing in Ancient Egypt, being an explanation of

an Egyptian deed of a piece of land in hundred-gated Thebes, written

on papyrus, more than a century before the Christian era, with the

impression of a seal or stamp attached, and a certificate of registry

in the margin, in as regular a manner as the keeper of the registry in

the County of Suffolk would certify to a deed of land in the City of

Boston at this day. Jurisprudence is here adorned by scholarship.

There is another production which, like the preceding, belongs to the

department of literature as well as of jurisprudence: his Lecture on

the Alleged Uncertainty of the Law, delivered before the Boston Society

for the Diffusion of Useful Knowledge. Though written originally for

the general mind, which it is calculated to interest and instruct in

no common degree, it will be read with equal advantage by the profound

lawyer. It is not easy to mention any popular discussion of a juridical

character, in our language, deserving of higher regard. It was first

published in the American Jurist, at the solicitation of the writer of

this sketch, who has never referred to it without fresh admiration of

the happy illustrations and quiet reasoning by which it vindicates the

science of the law.

* * * * *

In considering what Mr. Pickering accomplished out of his profession,

we are led over wide and various fields of learning, where we can

only hope to indicate his footprints, without presuming to examine or

describe the ground.

One of his earliest cares was to elevate the character of classical

studies in our country. In this respect his own example did much.

From the time he left the University, he was always regarded as an

authority on topics of scholarship. But his labors were devoted

especially to this cause. As early as 1805, in conjunction with his

friend, the present Judge White, of Salem, he published an edition of

the Histories of Sallust with Latin notes and a copious index. This is

one of the first examples, in our country, of a classic edited with

scholarly skill. The same spirit led him, later in life, to publish in

the North American Review, and afterwards in a pamphlet, "Observations

on the Importance of Greek Literature, and the Best Method of Studying

the Classics," translated from the Latin of Professor Wyttenbach. In

the course of the remarks with which he introduces the translation,

he urges with conclusive force the importance of raising the standard

of education in our country. "We are too apt," he says, "to consider

ourselves as an insulated people, as not belonging to the great

community of Europe; but we are, in truth, just as much members of it,

by means of a common public law, commercial intercourse, literature,

a kindred language and habits, as Englishmen or Frenchmen themselves

are; and we must procure for ourselves the qualifications necessary

to maintain that rank which we shall claim as equal members of such a

community."

His Remarks on Greek Grammars, which appeared in the American Journal

of Education in 1825, belongs to the same field of labor, as does

also his admirable paper, published in 1818, in the Memoirs of the

American Academy, on the Proper Pronunciation of the Ancient Greek

Language.[145] He maintained that it should be pronounced, as far

as possible, according to the Romaic or modern Greek, and learnedly

exposed the vicious usage introduced by Erasmus. His conclusions,

though controverted when first presented, are now substantially adopted

by scholars. We well remember his honest pleasure in a communication

received within a few years from President Moore, of Columbia College,

in which that gentleman, who had once opposed his views, announced his

change, and, with the candor that becomes his honorable scholarship,

volunteered to them the sanction of his approbation.

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