cause this order happens to be the more convenient for me, but also because it seems to me to be somewhat the better order for the student. The criminal law is simpler, briefer, more exact, than the civil; therefore, better as a first study for learners, to whom, moreover, the transition to the civil will be easy and natural. So let me state here some general things concerning my books, not intending to repeat the statement hereafter.

Calling my books commentaries, I endeavor to make them such in fact. What are the nature and office of a commentary on the law is explained in the fourth chapter of the present volume. I endeavor, moreover, to give to my commentary the completeness of a treatise; and to add to what is strictly necessary in treatise or commentary a reference to all the decided cases upon each point, rather than a reference simply to what are sometimes inappropriately called the leading

cases.

The cases are all examined by me in the original reports. I find them through a method of searching calculated to reach all upon each point, whether they have been referred to by previous authors or not, and whether they are contained in the digests or not. Every part of the work I do personally, and every period I write with my own hand; on the principle, that no man who does not himself perform the whole can do any one thing about it well. So far does this principle carry me, that I do not suffer myself to prepare any one section of a book, until I have personally examined and meditated upon every case to be referred to throughout the entire work. I do not suppose this thoroughness and personal examination protect my writings from all possibility of error or omission;

I simply claim that thereby they are made as nearly perfect as I am able to render them.

When language suiting my purpose has been already employed, either by an author or a judge, I adopt the language; but I always place it within marks of quotation, and refer to its source at the foot of my page. In like manner, when ideas have been by others developed, useful to my readers, I adopt the ideas; but I also give credit to those from whom I derived them. I do not thus refer to digests; because, being only indexes, they furnish me with nothing entitling them to credit. Yet, besides these references in acknowledgment, my pages contain references likewise to all books other than digests, whenever such references will in my judgment probably benefit my readers.

The foregoing explanation will seem needless to some readers, who will look upon it as merely descriptive of the method in which every work of this kind is necessarily written. But those who understand the internal structure of our books of the law know, that, from the earliest times, English authors have been in the habit of pirating upon one another, and the practice has been considerably followed in this country. All authors, English or American, have not followed it; and so originality is not original with me. I reproach no gentleman who has inconsiderately fallen into this easy method of authorship, I only explain my own method; yet I may add, that I believe the time has now come when the profession justly demand of books purporting to be new, as much freedom from plagiarism, and as much originality, as are consistent with the treatment of any scientific subject.

So much indulgence have the profession shown me in respect of my books, that I shall crave still more of

it while I explain some things in them not suited to the· tastes and opinions of a small part of my readers. One thing, entirely imaginary, is, that by these few persons they are supposed to be too purely scientific to be fully adapted to practical use. I do not understand how this erroneous opinion gained possession of any mind; because, in the volumes already before the public, there is not one discussion of any matter other than practical. My aim has uniformly been, simply to state the law as practically administered in our courts, nothing more. Yet I have always endeavored to give the legal reason for each proposition of law laid down; because, divested of the legal reason, the law is a mere thing of fancy, not of fact, dwelling nowhere except in the brain of an enthusiast. The doctrine without its reason may be compared to heat lying latent in unignited fuel; and, if practically the fuel unignited will not impart warmth to the physical system, so the law as embraced in statements of mere points will not give practical help in legal investigation, without the added reason of the law. A book of points may indeed be used in connection with a book of principles, as fuel may be ignited by placing it on burning coals; but, my books being intended to serve the practitioner without the other aid, they necessarily mention the reason of the

law,

is

as a part of the law itself. And plainly this view correct, and evident it is when we remember that in all the universe no two sets of circumstances are alike; wherefore the result must follow, that a mere point as applied in one set of circumstances cannot be applied in another set, unless the reason of its application in the former is understood.

Moreover, many things in the law are yet unsettled. by our tribunals; and many other things are settled

differently in different States, while in other States they remain in doubt. Since therefore I am not clothed with legislative power over the numerous courts of our country, I cannot dispose of these uncertain things with the brevity of a lawmaker. And if a matter of this sort is sometimes discussed in my pages, those only will complain who either understand not the uses of a commentary on the law, or deem my discussion ill in itself. Considerate lawyers know, that points of this kind are the only ones on which the help of an author is more than a mere affair of convenience, or labor-saving expedient. And while the ignorant despise the simple suggestion which draws the cloud away from difficulties which have embarrassed the tribunals for ages, and despise the simple statement of the law which without formal suggestion precludes doubt ever after,- those who have sought wisdom and found her have been taught, that truth is simple in proportion as it is pure, and hard to grasp in proportion as it is simple; that it astonishes unthinking minds only when, struggling with error, it is half overcome; and that infinite and perfect truth is mirrored in the one central word, God; while, as it departs from this Centre, it becomes diffuse and multiform in expression. They know also, if they are lawyers, that a few suggestions from an author may often save them an important case, by presenting to them thoughts which otherwise would escape their own minds. In my discussions of the law, let me add, I have remembered that my words are not binding on the courts; yet it has been most convenient for myself, and seemed most satisfactory for my readers, to disclose in every instance my own opinion. Moreover, as my volumes are intended for use throughout the entire country, they necessarily contain some eliminations.

of questions settled in some of the States; but this lit tle plethorism will not injure them for the use of practitioners in any State.

Another thing, less imaginary than the one before mentioned, is, that in matter of style my writings do not suit the tastes of all men. Here the fact must necessarily be to some extent so, since tastes differ; but I confess not to have consulted taste in style, even my own taste. My object has been merely to instruct; and I have known, that I could accomplish this object only by approaching the minds of my readers through the avenues, and in the methods, which the Maker has provided, not by addressing an artificial and collateral incident of the mind, ever changing, as literary taste usually is. By what mental laws the inhabitants of other planets than our earth are governed we know not, but one of the laws of the human mind is, that, while it dwells in the body, it performs all its functions through the brain. And a law of the brain is, that it must occasionally be stirred in all its parts, or a continual wearing in one part, while all the others lie torpid, will soon cause the action of the whole to be inefficient and dull. Another law of the brain is, that it is stirred in its different parts according to the class of thought occupying the mind for the instant; while only by varying the thought, and thus stirring its parts successively, can its full functions be brought out. Therefore a scientific work, designed, like my works, to be read continuously, must, to be most profitable to the reader, so much depart in degree and frequency from the nude statement of the scientific matter, or so otherwise state it, as to keep the entire brain in its proper, active condition. An author who overlooks