,0 t.""''' O^ .t> ■i^. ^-1 -. • - . ^^'-^x. •I o "'.z- ^^. ^'^ .0^^ -:<. ■y "% ". i .'^'^ -5-. =„ ■ «,v o^ '.'- "-^--o^ '^^ ^> C -? '"■■t/- 0^ ../ 6°-<. "> x^r,. ^- ... o < o V^^ ,v 'p o > <>,f '#' COMMEMORATIVE ADDRESS i>i:i.ivi:iti',j) A 1 I Hi-. HALI, '"■ ''HI- HISTORICAL SOaEFY OF prvvQvi \mx|\. November 10, 1884, JOHN WILLIAM WALLACE, LL.I)., J.ATE rUESTDENT OF THE SOCIETY. BY M TTPVT>^.- VI yvnrT?^ I'HILADELl'HIA: COLLINS PRINTIXG HOUSE, 705 JAYNE STREET. 1884. 3/f IN MEMORY JOHN WILLIAM WALLACE, LL.D. THOMAS C. AMORY. 2? (/lj~e,i^'^^cy>x^^ COMMEMORATIVE ADDRESS DELIVERED AT THE HALL OF THE HISTORICAL SOCIETY OF PENNSYLVANIA, November 10, 1884, JOHN WILLIAM WALLACE, LL.D., LATE PRESIDENT OF THE SOCIETY. BY / Mr. henry FLANDERS. PHILADELPHIA: COLLINS PRINTING HOUSE, 705 JAYNE STREET. 1884. Tb-'i 20772 INTRODUCTORY NOTE. Mr. Wallace died on Saturday morning, January 12, 1884. A special meeting of the Council of tlie Historical Society was held on the after- noon of the Monday following, and his decease was announced to that body by its Chairman, the Hon. James T. Mitchell. Upon motion of Mr. Charles R. Hiklehiini the following resolutions were unanimously adopted : — The Council of tlie Historical Society of Pennsylvania have heard with profound sorrow of the death of John William Wallace, who for the last fifteen years has presided over this Society with great ability and dignity. It is therefore fitting to give immediate expression to their sense of his services as an enthusiast in the cause of learning ; of attain- ments as profound as they were varied ; ps a student of American history ; as the Reporter of the law laid down by the highest court of the land ; as an officer of this Society to whose interest the last years of his life were devoted ; and as a man whose courteous manners and warm heart have endeared him to all. Resolved, That in the death of John William Wallace, IX. D., this Society has suffered the loss of one to whose wise counsels, generous and constant benefactions, and unfailing interest in all its aims, it is most deeply indebted. Resolved, That the members of the Council are painfully sensible ot the loss of an associate whom they have long held in the highest esteem. Resolved, That the Council will attend the funeral in a body. Resolved, That the Society be recommended to take appropriate action at an early day, and that a copy of these resolutions be transmitted to the family. A stated meeting of the Society was held upon the evening of the same day, Vice-President George de B. Keim in the chair, at which the above Resolutions of the Council were read. 6 Mr. Frcilerick D. Stone llien nioveJ llmt the Society approve the senti- ments expressed in the resolutions of the Council, an*l thiit the following Ik* entered u|K(n the minutes of the Society : — The Ilisloriciil Society of Pennsylvania, in the death of the Honorable Jiiliii AVilliani Wallace LL.I)., its late President, has met with a niisforttine of exceeding severity. He was a gentli-man iif active ami vigorous intellect, of the most extended cidlurc, and the most varied attainments. He wivs imbued with an enthusiastic fondness lor the cause of historical pursuits, and wiiii a proper pride in the achievements of the people of Pennsyhania, and to his cultivated judgment, cArnest efforts, and generous ciuitributions, iii'"l' •■'" i''-- 'I'-x ••ti)|ini>-nt and prosperous growth of till- Society is due. li^ it ihfrej'orr Resolved, Tiuil tlie C'imuiiII 1«- reipiesled to select an i-arly day at which there shall be a suil^ible expres^iion of our appreciation of the strength of chanicter and merits of our late President, and of our acknowledgment of the many benelils he has conferred U|(on the Society. This motion was seconded with appropriate n-marks by the Hon. Honitio fiates .lones. and unanimously pa.ssed. l'|K)n motion of Mr. Hildeburn, it was resolved thai when this meeting ailjourns it will be to meet on Monday evening next, .January 21. .Mr. .bines then moved that out of resjiect for the memory of Mr. Walhici-, ilie meeting now adjourn without tninsjicting any further busi- ness, and that the members of the Society attend his funiM-iil iit .St. PcIit's Church to-mori-ow, Tuesday, l.'ilh inst., at eleven A. .M. A meeting of lli« Council was In-ld February C<, 1881. On motion of .Mr. Cnrpi-nter. the Chairman was authorized to ap|ioint a committee to take into consideration the subject of an address to be dflivi-red before the Society as a memorial of the late President, .Mr. Walhice, with |io\ver to act. The committee appointed consisted of .lohn ,lortlan. .Ir., .Snniiii'l W. Pennyimckcr, and William HrcM)ke liawle, and at its re<|uest the following letter was addre.sseil In Mr. Ilinrv Flanders: — HisTOHicAL Society of Pennsylvania, Philadelphia, April 10, 1884. Dear Sir : Shortly after the death of Mr. John William Wallace, The Historical Society of Pennsylvania directed its Council to make such arrangements that appropriate action should be taken by the Society in honor of tlie memory of its late President. The members of the special Committee of the Council, to which this matter was referred, have ex- pressed their earnest wishes thiit you siiould deliver the memorial address, and on behalf of the Committee I have the honor to tender you an invi- tation to do so at such not too distant period as may suit your conveni- ence. Hoping to I'eceive Irom you a favorable reply, I remain very respectfully, Your Obt. Servt. WILLIAM BKOOKE llAWLE. Henuy Flanders, Esq. Mr. Flanders communicated his acceptance of tiiis invitation to the Committee in the following words : — Philadelphia, April 12, 1884. Dear Siu : In reply to your favor of the loth inst., asking me on behalf of a special Committee of the Council of the Historical Society of Pennsyl- vania to deliver the memorial address in honor of Mr. John AVilliam Wallace, the late President of the Society, I beg to say that it will give me pleasure to comply with the wishes of yom- Committee. I remain. Very respectfully, Your Obt. Servt. HENRY FLANDERS. Wm. Brooke Rawle, Esq. The Address was- delivered at the Hall of the Society on the evening of Nov. 10, 1884. A large number of ladies and gentlemen, members of the Society and friends of Mr. Wallace, were present. In the absence of the President, tiie Hon. Horatio Gates Jones, a Vice-President of the Society, presided. After the speaker had concluded, Edward Shippen, M.D., U. S. N., arose amd offered the following resolution : — Resolced, That the ilmnks of the Society be extended to Mr. Flanders for his ap|)ro|iriate tribute to the memory of our hite Pre^iident, and that he be requested to furnisii a copy of his address to tlie Society for publi- cation. This resolution was seconded with remarks by Ex-Governor the Hon. Henry M. Hoyt, and unanimously adopted. The meeting then adjourned. '?^n/t 7^ ///rrr/ny /4i^yUace. COMMEMORATIVE ADDRESS. Mr. President, Ladies and Gentlemen : John William Wallace, the late President of the His- torical Society of Pennsylvania, was born in Philadelphia, on the 17th day of February, 1815, and died in the city of his birth on the r2th day of Januarys 1884, in the 69th year of his age. To those who believe that, following a physiological law, character, as well as physical qualities, is inheritable, and descends in a family from generation to generation, a brief sketch of Mr. Wallace's ancestry may not be uninteresting or inappropriate to this occasion. The first of his line who came to this country was John Wallace, a son of the Rev. John Wallace of Drumellier, on the Tweed, Scotland, and Christian Murray, his wife, whose lineage, Mr. Burke, in his book on " Royal Descents," traces back to the royal family of Scotland.' John Wallace settled at Newport, Rhode Island, in 1742, and several years after at Philadelphia. He man-ied here the daughter and only child of Joshua Maddox, a respected and honored citizen, a warden of Christ Church, a founder and one of the original Board of ' See Appendix, Tnistccs of the University of Pennsylvania ; and for a period of nineteen years a justice of the Court of Common Pleas. John AN'allare was a prosperoiis and successful merchant. He was too a man of literary tastes, and interested in public affairs. It is recorded on the monument that marks his last resting-place, in St. Peter's Church-yard, that he assisted to foiuul tlie public library at Newport, since become the Pedwood ; that he was a founder of St. Andrew's Society in this city; and that from 17.j5 till the dissolution of the Koyal Government in ITTCi he was a councilman of the city. He died at liis country seat, Hope Farm, New Jersey, Sep- tember ','(it]i, ]>:{. His son, Joshua Maddox Wallace, after graduating; at the University of Pennsylvania, was placed in a counting-house with a view to his pursuing a mercantile career. But his tastes for science and literature were stronger than for coiiuncrce, and marrying at an early age a daughter of Col. ^^'illiam Bradford, the patriot ])rinter and soldier, he sul)- secpietitly retired to liis farm called Ellei-slie, in Somerset County, New Jersey, and there and at Burlington passed the residue of liis life. " lie lived," writes the mother of our late president, "upon the income of a lilx'ral inherited fortune, and in the exercise of conspicuous and unostentatious hos- pitality gathered around him the most distinguished men of the state and comitry."' TIr did not, however, sink into the indolence of mere lettered ease, but was an active and energetic citizen. He was a member of the Convention of New Jersey that ratified the Constitution of the United States ; a nuMnl)er of the Ix'gislature of that State dining 11 the exciting political contests that grew out of the convul- sions of the French Revolution ; a Trustee for many years of Princeton College ; a frequent delegate from the Diocese of New Jersey to the General Convention of the Episcopal ('hurch ; and a Judge of the Pleas of Burlington County. lie died at Burlington in 1819. His son, John Bradford Wallace, was born at EUerslie, his father's farm, August 17, 1778. He graduated at Princeton in 1794 at the early age of sixteen, and received the highest honors of his class. Designed for the law, he pursued his studies under the direction of his luicle, William Bradford, who was not more distinguished as a lawyer, and as the attorney-general of the United States in the adminis- tration of General Washington, than for those solid virtues and that well-compacted character which made him honored and beloved in life, and lamented in death. Mr. Wallace was admitted to the bar, at Philadelphia, in 1799. It was a bar composed of very able and eminent men ; men whose fame, surviving the accidents of time, is still gratefully cherished by their successors. But in the shadow of these great names, such was the happy constitu- tion of Mr. Wallace's mind, and so fully was it imbued with legal principles, and adorned with general culture, that he soon stood, not first perhaps, yet in the very first line of his profession. He pursued the practice of the law in this city with increasing honor and success until the year 1819. That was a year memorable for commercial disaster and distress. Many fortunes in that storm were swept away, and many families ruined. Mr. Wallace's elder brotluT, \\\\i> was extensively engaged in foreign eomnierce, was one of tin' victims of the crisis, and Mr. NN allace was involved in the disastrous issue of his brother's affairs. De- clining jirnffers of assistance from his friends, and equally declining compositions with his creditors, he set himself, with a stout heart, to the serious task of discharging the ol)ligations which his brother's misfortunes had thrown upon him. Owning and controlling large tracts of land, heredi- tary and acquired, in the nortlnvesteni comities of Penn- sTlvania, he determined to remove to that region, and bv his personal management and suix-rvision endeavor to re- trieve his ft)rtunes. Accordingly, in iS'iJ Mr. \\";dla(i' left rhiladel|)hia, and fixed Ins residence at Meadville, Crawford County. "This section of country.'' wrote Mi-s. Wallace, in 1H48, the year before her death, -'now beautiful with culti- vation, peopled with educated yeomanry, and evervwherc marked l)y the institutions of civility and religion, was at that day signalized by the worst characteristics of democratic colonization." The track of the Indian, it is sjiid, was then scarcely ol)liter.ited. and the primeval forest still skirted the streets of the town. Into tills region Mr. ANallace bore liis courteous and dignified manners, his refined tastes, his cultured intellect, and his trained abilities as a lawyer. They won, as they could scarcely fail to win, recognition and rcsi>ect, and secured to him as well the confidence and affection of the jMHiple among whom he lived. Although dirtering with him in political sentiment, the electors of Crawford sent him as their representative to successive legislatures, and until. 13 triumphant over his pecuniary difficulties, he removed from Meadville, and resumed his residence in Philadelphia. Mr. Wallace may, with truth, be said to have established the church of his faith, and of his fathers, in the north- Avestern counties of Pennsylvania. " Conveying in his own hand probably the first prayer-book that made its way thither," says Mrs. Wallace, . , . . "he saw in a few years the ministry of his affections planted and established. His fiftieth birthday was fitly honored by the consecration of Christ Church, Meadville." His endeavors and his abilities had led him out of the wilderness of pecuniary troubles, in which he had been com- pelled to wander, and with reviving fortune, in 1836, he returned to Philadelphia, here to spend the evening of his day. But he was not to realize the poet's aspiration and crown — " A youth of labor witli an age of ease." In apparent perfect health, he suddenly, without premo- nition of the coming event, died on the seventh day of Janu- ary, 1837, in the fifty-ninth year of his age. Mr. Wallace married a sister of the late Horace Binney. She bore, without elation, his early successes, and shared, with a serene courage, his later adversities. Surviving him many years, she wrote, hi the seventieth year of her age, a sketch of his life ; a sketch marked by dignity and grace of expression, and breathing in every line the sincerest respect and affection. Her virtues, too, and her endowments of mind and character, have been delineated, and by a kindred hand. When she died at her country-house in Burlington, 14 New Jersey. i>ii tin- »'i;;htli of July, in the year l.S4f), her brother, Mr. IJinney, sketched, not for tlie public eye, but in his ])rivate journal, and, as he says, to gratify himself, and assist his children's recollection of her. two or three of her strikinix characteristics. "My sister and myself." s;iys Mr. Binney, "had probably as strong an attachment to each other as brother and sister have ever known. Both of us I think were deeply indebted to the Giver ol" all good for vouchsafing both its strength and continuance for so long a time. She was endued witii uncommon faculties and virtues, and adorned with fine acquisitions both intellectual and external. I know of no particular in which she was not to a remarkable degree finished and accomplished. .She would have become any station from tlu- highest which wears a coronet or sits upon a throne, to the humblest to which is promised the King- dom of Heaven From her earliest womanhood to her death, she luul the most unilbrmly and uninter- ruptedly bright and vivid mind that I have ever personally known in man or woman. I mean that at no time, in no variation of her health or condition, for the term of fifty years at least, did her mind appear to suffer the least sink- ing or decline, the least obscuration or diminution of light or lustre. I have ne\er jx'rsonally known any other man or woman, however intellectual, whose mintl was not occasion- ally torpid or drowsy, as it were, on the wing, however able generally to soar. I have often felt this myself; I mean a drowsiness or torjwr of the mind. But Mrs. ^^'allaec's mind was at all times, and in all .states of health or spirit.*. 15 ' wide awake,' not in the flashy sense of that expression, which implies animal rather than intellectual vivacity, but as a watchful and sleepless spirit that had all its ministers about it, arrayed and alert for the service of the moment, whatever it might be — action, defense, conversation, sym- pathy. Her intellect, to use the apt Bible word, was girded about, and indeed it was a golden cincture, which diffused light, while it supported and compacted together all her faculties Her spirit was oftentimes deeply grieved by vicissitudes of fortune which filled her with cruel apprehensions for those in whom she was bound up. It was impossible to feel more acutely or to apprehend more sensitively either the present or the contingent evils of such vicissitudes. She had even deeper griefs than the loss of fortune. She lost her husband, possessing and worthy of all her love, at the first dawn of his reviving fortune, and her oldest daughter in the maturity of her loveliness, when the young mother and her first child were laid in the same sepulchre. She lost several younger children. Her life was anything but equal and cheerful ; and her spirit in con- stant sympathy with her condition was sometimes bent to the utmost, and though it remained unbroken, it never recov- ered what the world calls cheerfulness Yet her intellect was ever and uniibrmly bright and vivid — ever girded about with strength and truth — ever ready, even at the very moment of sufl'ering, to act and to serve, as if itself were impassible. It seems to me as if no eclipse of fortune, no cloud of adversity could dim for a moment the ethereal rays that were shining there. And I must speak of another n; ol her characteristics, merely because it is so rare an adjunct to such accomplishments and acquirements as hers. She was totally destitute of vanity, and I believe never said or did anything in her life under such an impulse. '• In this mortal state, if nature has not so moulded us. and culture so expanded us as to dispose us to the love of others, and of other things, strongly and almost passionately, a bril- liant mind may become a worsliiper at its own shrine, and neither make nor allow any sacrifices but to self; and the heart may become half dead to other affections by the mere want of nutriment. So moulded and cultured from birth, Mrs. ^^'allace not only escaped this peril. Itut I never per- ceived that she was exposed to it At no time in my life did I discover that she had the least particle of vanity, or looked to her own distinction as the special end of anything she said or did. For many years before her death, her religious sentiments would have cast out such a motive as unbecoming lur professions. But. in truth, I do not think it ever existed in her. She was no doubt conscious of her powers ; she could not be otherwise. But she valued other things so much more than admiration, and embraced so many pei-sons by her love, her family, her friends, her dpp<>ndauts, and sought and found her happiness in them to such a degree, that self was subordinated, and her heart became as much enlarged as her mind." Thus did Mr. and Mrs. Wallace a])[»ear tn the eye of kin- dred affection, and thus did they ap]>ear to observers not bound to them by any ties of blood. Mr. Webster, whose attention had been arresttnl bv an article in one of the maga- 17 zines from the polished pen of Horace Binney Wallace, wrote to him from the Senate chamber at Washington, under date of Feb. 4, 1848, and thus speaks of his parents: " With but only a slight personal acquaintance, I am yet not ignorant of your character, standing, and attainments ; and you the more win my esteem from the affection which I entertained for your excellent father, and the fervor with which I cherish his memory. It is nearly thirty years since I first became the guest of your parents in Philadelphia. No house was ever more pleasant, no circle of acquaintance more agreeable than I found there. The remembrance of those times and those friends is dear to me. Your mother I am happy to hear enjoys good health, and all the happi- ness arising from the love and affection of good children, and the respect and kindness of all who know her." The late Bishop Hopkins, in a letter to his son dated July 7, 1863, referring to his own labors in Western Penn- sylvania, thus speaks of Mr. and Mrs. "^^'allace : " He was a very superior man, and a most zealous churchman, and the days in which we worked together at Meadville .... are still very fresh in ray memory. Mrs. Wallace too was a rare union of remarkable cultivation, intellectual power, and deep piety, combined with a high refinement and untiring energy, which, on the whole, made up a character superior to any that I have seen in the qualities which secure a com- manding influence in society." Such were the parents of John William Wallace as described by their contemporaries. He was seven years old when they removed to the western wilderness, and a large 3 18 part of his boyhood was passed in that primeval scene. No doul)t the advantages were greater tlian the disadvantages. Countrv air and country life impart a certain robustness of bodv and mind wliich tlie liabitudes of the city are not so likclv to confer. - It may be wliimsical, but it is truth," says Goldsmith, " I have found by exjxjricnce, that those who have sjx-nt all their lives in cities contract not only an effeminacy of habit, but even of thinking." Besides, he had before him, in his parents, the daily example of cultured manners, and his education was the object of their unremitted care and attention, lie laid the foundation of his classical attainments under the guiding hand of his father, and in the same domestic school formed those excursive literary tastes, and tliose habits of studv wliich distinguished him through- out his life. In his fifteenth year he entered the University of Pennsylvania, and graduated in the class of 1833. One of his classmates writes me, that at college he was " a nuirked individuality, and was held in high consideration ior the extent of his knowledge on many subjects outside of the col- lege course." These " outside subjects" so engiiged his attention that " hi- did not work for or obtain the honors of liis class, though all agreed," says his classmate, " that he could liiive had them had he cliosen to try for them." His college course ended, he was registered as a sttulent in the office of his father, and in his father's office, and the office of Mr. John Sergeant, he completed his course of legal study. He was admitted to the bar of the Old District Court on the 27th dav of October, ls3(i, and on .Tan\iarv 3()tii. Is37, on 19 motion of Mr. William M. Meredith, to the bar of the Com- mon Pleas. Mr. Wallace never actively engaged in the practice of his profession. His tastes did not incline him to the conflicts of the forum, and his circumstances did not compel him to engage in them. To most members of the profession the law is "a service and a livelihood;" to Mr. Wallace it was an abstract and liberal pursuit. Throughout all his life, as has been truly said, he was a worker, not a dilettante legal trifier, but an earnest, accom- plished, and useful worker. In 1842 he edited "Jebb's British Crown Cases Reserved," being cases reserved for consideration and decided by the Twelve Judges of England and Ireland, between the years 1822 and 1840. In 184:1, having become the treasurer' and librarian^ of the Law Association of Philadelphia, his attention was called to the comparative merits of the reports from the year books down. The result of his studies was a book upon the subject, a book upon the driest of themes, but which with his scholar- ship, his cultivated tastes, and quiet humor, is invested with ' He resigned the office of treasurer Dec. .3, 1804. In his letter of resignation lie said : " Need I say that it is not without some emotion that I decline further election to an office which I have filled for nearly twenty-five years, a term of service longer than that of any other treasurer, and that I leave the office with a grateful sense of the confidence so long entertained towards me, and with my best wishes for one and for all of the numerous gentlemen with whom I have been so agreeably connected." * He resigned the office of librarian Nov. 26, 18G0, and in recognition of his services, the association conferred on him the appointment of honorary libra- rian, and the use of the library for life. '20 an interest that has challenged and held the attention of a wide circle of readers, and both in England and this conntry ^^'allace's •• Reporters" has achieved high distinction, and is jnstly regarded as a legal classic. As illustrating his treatment of his theme, I may be par- doned a singU" (juotation. Si)eaking of Vernon's Reix)rts, in the time of Charles II., he says : " It appears from the case of Atrherly r. \'ernon, that Mr. Vernon's MSS. reports, found in his study alter his death, were the subject of a suit in chancery lK>tweeii his widow, his residuary legatee, and the heir-at-law. The widow claimed them as included in the bequest ' of household goods and furniture ;' the trus- tees of the residuary estate regarded them as embraced by the expression, ' the residue of my |)ersonal estate ;' while the heir contended, that 'as gnuriJinn of the reputation of fiis (ince^tor^ the MSS. belonged to him ; in the same way as would a right of action for the defacing of his ancestor's tomb. ' The printing or not printing of these papers,' says the counsel for the heir, ' may as much affect the reputation of Mr. \'ernon as any monument or tomb. Possibly they are not fit to be printed ; jwssibly they were never intended to be printed.' ' Suppose a man of learning should have the misfortune to die in debt, can the creditors come into this court and pray a discovery of all his papers, that they may 1k' jjrinted for the payment of his debts ?' ** Lord Macclesfield, finding the decision difficult (and the parties probably thinking that it was doubtful), tiic dispute was arranged by the chancellor's keeping the MSS. him- self; and under his direction, with that of I/ord Kin" it 21 was that they were first published As it ap- peared, the lieir had a good deal of weight in his arguments. The MSS. were not very ' fit to be printed,' and probably were ' never intended to be printed.' " In 1844 Mr. Wallace was appointed standing master in chancery of the Supreme Court of Pennsylvania, and I am told by one of the most eminent equity lawyers at our bar, and who had occasion to appear before Mr. AVallace, in very important causes, that he discharged the duties of his semi-judicial position with zeal, learning, and ability. In 1849 he undertook to report the decisions of the United States Circuit Court for this circuit, and three vol- umes of reports, known as Wallace Junior's Reports,' were the result of his labors. They are characterized by care in the statement of facts, and precision in the statement of the law. They have " none of the book-making scissor- work," said Judge Grier, "that disgraces so many of our books of reports." In the spring of 1850, Mr. Wallace visited England. He went thither as the representative of the Law Association, "to visit the societies of Lincoln's and Gray's Inn and of the Temple in the city of London ; the Facvdty of Advocates in the city of Edinburgh, and such other similar institu- tions abroad" as he might deem fit, and to report to the association how far the regulations " adopted by the wisdom of the bar of England through so many generations for the ' So called to distinguish them from his father's "Reports of Cases in the Circuit Court for the Third Circuit." The first edition of this latter work was published in 1801 ; the second in 18;i8. '2'2 preservation of its lionor and interests." might be applicable to our younger and more popular institutions. His mission and his letters of introduction gave him access to the highest circles of social and legal life. He made the acquaintance of Sehvyn, Sir David Dundas, Mr. Sergeant Goidl)urn, and others of the bar; and the great lights of the bench, Lord Chief Justice Campbell, the Lord Chief Baron Pollock, and Sir Fitz Roy Kelly paid him marked attentions. Ivord Cam])l)ell writes him a note under date of June 8, 1H50, and says, '"If you an- at any time in the Court of (Jueen's liench. I >liall be much pleasc^d to j)lacc you l)y my side, and to take your advice as my assessor." Mr. ^^'allace, it seems, accepted this invitation, for I find among his papers a letter (under date of June '20, iS.jO), from Mr. Ser- geant (ioidburn, in which he says: •' I have been requested by Lord Campbell, whom I saw yesterday in Hyde Park, to express the pleasure it would give him if you were to rejieat your visit to him on the Bench. He is now trying causes at Nisi Prius, some of them I doubt not of much interest. My elder brother also would be very glad if, when you re- turn to your country and see Mr. Clay, yt)u would remember him most kindly, lie lias a very lively recollection of that gentleman's wortii and agreeable qualities whilst thrown with him at (ihont in the year 1S14. Of coiuse you will not iiiil to tell Peter how much I tliank liim for reminding me of him in so agreeable a manner by the introduction of yourself." 1 may be pardoned fiT (pioting one other letter, as a memento nf Mr. Wallace's visit to Kngland. It is fiDm 23 Baron Pollock. " Accept my very sincere thanks," he says, "for your valuable present Avhich I highly estimate, but chiefly as a memorial of your visit to this coimtry, which has afi"orded me much pleasure. I have long desired to make such an acquaintance, and personally to know some mem- bers of the western branch of our great family, and I could not have had my wish gratified in a more agreeable manner than the occasion of your visit has fortunately presented. What history has recorded of our separation (which for the greatness of both nations and the happiness of mankind has taken place) may be forgotten like the differences be- tween relatives in very early lile, but there must always re- main the common origin, the common language, the rmited literature, almost the same laws, and -the same generous and noble objects ; the advancement and improvement of the human race by the most free and liberal institutions. I am obliged by your kind off"er, and beg in return to say, I shall feel grateful for an opportunity of showing to any friend of yours, how much pleasure your visit has given us, by doing everything in my power to render his sojourn here agree- able.'" "While Mr. Wallace was gratifying his legal tastes and curiosity, and was aided in every way by his legal friends in attaining the objects of his mission, he saw at the same time a good deal of the higher social life of England through the attentions of the Earl of Carlisle, Eord Murray, and Lady Clavering. But he seems to have been most impressed by what he observed in the walks of his own profession, I DatedJune 21, 1850. '24 iuul "by those voucrabk- colli'<,'os oi the law" (The Inns of Court) *' whicli," he writes, "throu»jh so many genemtions have kept tlie Bar of England together, not only with un- tarnished honor and elevated dignity, but in delightful fel- lowship, and with the sense, and in the power of unity." The year following his visit to England, Mr. Wallaee delivered a discourse before the Law Academy of Philadel- phia, on TJte DiscrejHtricies of our Home Commercial Law, and prefaced it witli a charming description of one of the Inns of Coiu-t. As interesting in itself, and as illustrative of his style, I shall venture to make a quotation from it: ••The Temple," he says, " is situated in the most ancient, populous, and busy part of London. If with us you should suppose a site — sjiy from Market to >\'alnut Street, and sloping gently from Third Street to the edge of the Dela- ware, you would have some idea of the site of this Inn, in relation to the other parts of the city. Around the three sides of its site are built connectedly, and with more or less irregularity, the continuous structures which make the Temple. The outside, that is. the parts upon the street, are used for purposes of business ; law booksellers, stationers, and other persons who supply the convenience of the Bar, being among the occupants. It is the inner part around and ujKtn the square which constitutes the resort and abodes of the profession of England. Turning away from the mighty stream of business life which rolls by day and night along the strand, and entering thn)Ugh an archway that attracts no notice and reveals nothing within, you find yourself, after a short walk, w ithin the Temple close. Here, 25 and in the neighboring Inns, is congregated the whole pro- fession of England ; and here every student must enter for his education. Many lawyers and judges who are Avithout families, live here entirely, having a house or apartments with offices and servants more or less expensive ; living ex- actly as each man here does in the house he owns. Some occupy ' chambers' only, or ' offices,' as we call them — dining in the Temple Hall, where all students are obliged to dine. In this place you find the active members of the profession, whether leaders at Nisi Prius and the courts, members of Parliament, of whom a great number are always barristers, or the great law officers immediately connected with the crown. Plere also are those eminent cJiainher counsel whose opinions settle half the concerns of London ; and those law-imters, perfectly known to the profession everywhere, whose voices, however, are never heard in court, nor their names within the ' city.' .... The Tem- ple grounds, which break upon you when once within its close, are beautiful. You are aware that the place was many centuries ago the residence of the Knights Templars, and like Fountains, Netley, Tintern, and other religious hoiises in England, was selected and disposed by its founders with comprehensive and exquisite taste. Before you lies the Thames. On its opposite side, above, rise the time- honored spires of Lambeth, and in greater distance the swell of the Surrey Hills. The trees and walks and cloistered gardens of the Temple impress you by their venerable beauty, and the air of repose which they inspire to every- thing around Here is the Temple Church. 4 L'ti An idea of its beauty may be formed by tlio fiict that XTO.OOO have recently been expended in its repairs and deco- ration. Its services arc confined to the memlwrs of the Inn ; and lieinjL' thus sustained by male voices only, have a monas- tic and ])eculiar air. As the church comes down from the religious order of Temiilars, it is said to be the only one in London in which no cliild was ever baptized In the (ireat Hall of the Middle Temple, a venerable struc- ture with massive tables and benches that look as if they had defied the wear of centuries, the members and students of the Inn dine. Tlic room is about sixty feet high. On its richly stained windows you see the Armorial displays of nearly two hundred of the great lawyers of ancient and modem times, including among the latter, those of Lord Cowjwr, Vorke, Somers, Kenyon. Ahanley, and Eldon. On the wainscoted walls you have the names of the Kcathrs of the Tern pic for more than two centuries back : and portraits of great benefactors. Hero, too, the Bur assembles for occa- sions of state and festivity, and for ancient celebrations — some very curious — wliich arc still kept up with that instinct of hereditation which belongs to no (ountrv but England. " Everywhere about you. in short, in the names of avenues and walks, in the designation of buildings, in the objects of curiosity or interest or veneration, you have the names and associations of the Jaw before you. The profession is here in its corporate dignity and impressiveness. It has about it all those influences which Mr. IJurke thought sovalualde in the structure of a state. It bears the impress of its name and lineage, and inspires everywhere a consciousness of its 27 ancient and habitual dignity. The past is everywhere con- nected with the present, and you feel that the profession is an inheritance derived from forefathers, and to be trans- mitted to posterity." In 1852 Mr. Wallace had the deep grief and misfortune to lose his gifted brother, Horace Binney Wallace ; a grief and misfortune which were shared by all lovers of literature, and by all students and professors of the law. For he possessed a rare and radiant mind, which illumined every subject that engaged its attention. He had been one of the editors of Smith's Leading Cases in various branches ot the law, and of White and Tudor's selection of Leading Cases in Equity ; and of American Leading Cases in a diversi- fied class of decisions. And he had shown in these labors a discrimination, a subtilty of thought, a power of analysis and reasoning, and a power of expression that were alike unusual and remarkable in a man of his years. Upon the death of his brother, Mr. Wallace took his place in the editorship of two of these works, and Smith's Leading Cases and the American Leading Cases contain additional notes and references from his hand. In 1857 Mr. Wallace again went abroad accompanied by his family,' and remained abroad until 1860. He passed most of these years on the Continent, residing chiefly at Rome and Florence. He had a cultivated taste, and a great love of the arts, painting, sculpture, and architecture; and ' Mr. Wallace married June 15, 18.i)3, Miss Dorothea Francis Willing, a daughter of George Willing, Esq , of Philadelphia. The only child of this mar- riage is the wife of John Thompson Spencer, Esq., of the Philadcl|ihia Bar. •28 he gratiticd and cnlartjcd both liis tasto and knowledge by sUidying them in their native air and home. His critieisms npon these subjects, however, liave never been printed, and are not in that finished fnrm tliat indicated on his part any intention to give tliem to tlie ])ress. lie liad at all times a deep interest in ecclesiastical his- torv ; and the religions life of that ancient and venerable church which for fifteen centuries was the bulwark and only representative of Christianity in Western Europe, very closely attracted, during his residence in Italy, his observa- tion and studv. lint he was not alone interested in the church in its outward and visible aspects, as it had appeared on the theatre of history in the long succession of the ages, but he had exjdored the foundations of the structure, and made himself familiar with its dogmatic defences. Says one, who was once his pastor and always his friend, "upon vital questions touching the history, the discipline, and the doc- trines of the church, l)ut few even of the clergy of his day could be said to have been more thoroughly furnished.'" Always a student and always engaged with law or let- ters, his life, in youth and age, was a life of busy occupation. In \SM. he ])ul)lished a pami)hlet on -'Pennsylvania as a liorrower." In this j)roduction. he considers the finan- cial history of the State in the past, and points out what he deems her true policy in the futvne. He reflects severely on some passages of her financial legislation, but in doing this he says : " I hojjc no reader will charge me with want of loyalty to my State. I deny his riyht to consider himself, in any particular or from any cause, more completely a ' I lir lli\. \\ \V. Itrnllson. 29 Pennsylvanian, however much worthier a one he may be, than I am." On the 2()th of May, in that year (1863), he dehvered before the New York Historical Society the commemorative address on the two hundredth birthday of his ancestor, Mr. William Bradford, who introduced the art of printing into the Middle Colonies of British America. This address has all the characteristics of Mr. Wallace's literary labors, grace of style, and fulness of information and illustration. A stranger in reading it, said Bishop Odenheimer, might well ask, " How many professions hath Mr. Wallace studied 1 in which of the arts and sciences manifold hath he made greatest proficiency?" "It is," said Bishop Alonzo Potter, '-a most graphic and lifelike picture of the olden time, and opens quite a new chapter of our early history. The typography is in admirable keeping witli the subject and the occasion, and the whole forms a gem as unique as it is valuable." And our venerable historian Bancroft thus wrote in respect to it : " Accept my best thanks, dear Mr. Wallace, for your charm- ing present. I like your address in the perusal still better than in tlie hearing ; it is very interesting and exhaustive, in that best of taste which does full justice to a chosen sub- ject, and avoids exaggeration." While engaged in these literary pursuits, on the 21st of March, 1864, he was appointed tlie reporter of the Supreme Court of the United States. " Oii that day," he says,' " be- ing in a very private station, and engaged in studies having but slight relation to the law, he was gratified, quite unex- pectedly to himself, by an invitation from the Supreme Court ' Pi-cfaoc to vol. i. of W:ill;icc's Reports. m of the United States to become the reporter of the decisions of tliat tribunal. He repaired, witli but little delay, to the seat of government." Mr. ^^'allace had very dear and definite views as to the mode of i)reparing books of reports. It was a subject that had engaged his reflections, and a subject too upon which he had the light of his own experience to guide him. "Al- most the first thing, therefore,'' he says, "after my reaching Washington, was to seek an interview with cacli member of the coin-t, in relation to wliat I deemed a matter neces- .sary to be attended to in the style of reporting, and without an attention to which I api)rehend we can never have clean and satisfactory reports. I was able, however, from the lateness of my arrival in \\ ashington prior to the adjourn- ment and separating of the Court, to have less full confer- ences with the judges on this matter than 1 could have desired. Eight of the bendi, as I understood, including the Chief Justice, as I know, agreed with my views. ' You ex- press exactly my ideas,' said Taney, C. J., 'as to the mode in wliich the reports should be made. It is the only proper mode. Tile case, arguments upon it (if the question is a difficult one), and an opinion without a statement, is wluit should appear in the published report, in whatever form tiie ojjinion may have been iieard from the bench.' Two judges were of different opinions; their own. Certain of the reports, therefore, are not in as clean a form as others." Ml. Wallace held the position of re[)orter for a period of twelve years. The labors of the Court during that time had been va.>;tlv increased bv the civil war; bv the increase of our 31 population ; by the growth of our railway system ; by the multiplication of patents ; by the extension of our domestic commerce ; and by new and grave questions of constitutional law. All the varied cases arising out of these new and original sources, that came before the Court, many of them foreign to the system of law in which he had been educated, were most conscientiously studied by him, and each opinion of the Court was preceded by a carefidly prepared statement of the facts, and the law of the case. ]\Iake any deductions you please for any faults of style or taste, whicli a friendly or unfriendly critic may perchance disclose, these twenty- three volumes of Wallace's Reports are nevertheless an in- valuable legacy to the profession, and a memorial of the faithfulness and ability of the reporter. They constitute his monument and earthly fame. Monuments, indeed, perish. " There must be a period," says Lord Chief Justice Crewe, " and an end of all temporal things. Finis reruin, an end of names and dignities, and whatsoever is iei-rene," but so long as our Federal jurisprudence shall subsist and endure the name of John William Wallace will remain inscribed on the walls of its temples. He resigned the office of reporter on the 9th of October, 1875.' In his letter of resignation, addressed to the Chief • On the 3il of October, 1875, Mr. Wallace informed his publishers, the Messrs. Morrison, of his intended resisnatioii of the office of reporter, in the following letter: — " My Dkar Moukisons : I shall not come to Washington again. I am tired of such uuintermitfcd labor as my office (much changed in this respect since I took it) now puts upon 3-2 Justice, he says: '•! do not sever my relations with the Supreme Court, in whicli rny term of hibor, if not a long one, is perhaps hardly to be called short, without a measure of feeling. My prayer shall be for the Court ; its stability^ its harmony, its continuance in wisdom and leai'ning, and for every blessing to all who belong to it." Upon receiving this letter, the Court made this order: •Ordered that the resignation by John William Wallace, Esq., of his office of reporter of the Court be accepted, to take effect upon the me. I am lirt'fl of living liiilf llic ywir in ii tavern ; away from the society of my wile ami rliild, anil from the ilecencies of home. I am sixty years old, and emve independenre from embarrassment \ Farm, SoniiTwt = Mary, sole dau. of the Hon. Joshua Maildox, County in New Jerwy, Esq., h. al Drum- I Esq. inelzierTJan. 171S, wint to .\nieriea in 174:.'. The Hon. Joshua -Madilox Wallace, Esq., of = Taee, dau. of Colonel William Bradfonl, of Ellerslicand Burliiit;lon in Somerset County in New Jersey, b, 4 Oct. 17.52, m. 4 Au-r. 1773, d. 17 Muv. IMH. the American Army of 177(i. 1. Joshua .Muddox Wallace, Esq., 6. 4 Sept. 177ti, tl. 7 Jan. W2\, m. in \>i*>r,. Re- becca, dau. of William .Mdl- vaine, M.D. = John Bradfoid Wallace, = Es- [H-n, .M.I). la:t, 3:sq.. of Phila- delphia, only sur\°i%'- ine s«)n. It. 17 Feb. ISI.V Horace I. Susan llnuirord, i/i. 1<> Binney, June, 1S41. Clias. .Maca- b. 27 " lester. and (/. 1842. Feb. 2. Mary Binney, m. 21 1817. Nov. is:57. John Sims Kiddle, and d. in 1852, leaving issue. 1. raiUiam iWtlllbailit, b. 28. 2. Shipi)en, b. 24).and Burke's "VisitaiiMii of S.iii, aii.l \rin~." p. 31, and Plat.- \1 'M Series, ed. IS-M). Xote — John William Wallace married Dorothea Francis, daughter o! (ieorgi' Willing, Esq., of Philadelphia, and had issue Rebecca Bluckuell Willing, who married John Thompson Spencer, of .Maryland, and has issue Willing Harrison SixMicer and Arthur Ringgold Spencer. 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