the Old World have declared themselves more or less in this way, not hastily, but after serious inquiry and long debates. I will speak only of the two great free nations of Europe, those which I know the best, and which are the most worthy of being regarded as an authority, wherever questions are decided only after discussion before the country, and obedience is rendered to public opinion alone, France and England. Among these two nations, I can assure you, the Auburn System is almost universally rejected. The greater part of those who had previously inclined towards this system have completely abandoned it, when they came to discuss it, or to see it in operation, and have adopted, wholly or in part, the system of Separate Imprisonment. The two governments have followed the same tendencies. You know that the French government brought forward, a few years since, a law, of which separate imprisonment formed the basis. This law after a discussion of five weeks, the longest and most thorough which has ever taken place in our parliament on any question, was voted by an immense majority. If this same law has not yet been discussed in the Chamber of Peers, the reason is to be found in circumstances entirely foreign to the Penitentiary Question. The Chamber of Peers will take it into consideration at the opening of the approaching session; and among the most considerable men in this Chamber, the greater part have already pronounced openly in favor of its principle. As to the press, almost all the journals sus tain the system of Separate Imprisonment. The journal which had most skilfully and earnestly combated the system has recently declared itself convinced of its excellence. This change has been produced, in part, by the experience had for many years in a large number of our prisons. Indeed, it may be doubted, whether, when the law shall be reported to the Chamber of Peers, there will be found a single person to combat its principle.

In this state of facts and opinions, the vote which a so

ciety so enlightened and celebrated as that of Boston has just passed will not be comprehended among us; and I cannot, I confess to you, prevent myself from fearing that it will be injurious to the high consideration which the Society enjoys on this side of the ocean, or that, at least, it will weaken its authority. I should strongly regret this, not only from my interest in an association to which I have the honor to belong, but also from my interest in humanity, whose cause it can so powerfully serve.

Be pleased to receive, Sir, the assurance of my very tinguished consideration.

dis

ALEXIS DE TOCQUEVILLE,
Member of the Institute and of the Chamber of Deputies.

TOCQUEVILLE, August 6, 1847.

CHARLES SUMNER, Esq., Boston.

THE LATE JOSEPH LEWIS STACKPOLE, ESQ.

ARTICLE IN THE BOSTON DAILY ADVERTISER,
JULY 23, 1847.

1

HE sudden death of Mr. Stackpole has filled a large

True friends with poignant grief. His hale

and vigorous health, of which a fresh and manly countenance and a joyous nature were pleasing tokens, seemed to give assurance that he would long be spared to them, while the many accomplishments by which his life was adorned, and the kindly qualities which grappled him to their hearts, created attachments now too rudely severed. He had stood aloof from public affairs, and from those concerns of business by which men become prominent before the world. The time thus withdrawn from customary pursuits was given to family and friends, and to the cultivation of those elegant tastes which add so much to the grace of society.

He was a graduate of Harvard University in the class of 1824, and afterwards studied law. His studies were careful and thorough. His attainments were increased by travel in Europe. As a member of the Examining Committee on Modern Languages at the University, he made his excellent knowledge, particularly of French, useful to the community. Had his professional studies been continued, there is reason to believe, that, in some departments, he would have contributed in no humble measure to the true fame of his country. An article

in the "American Jurist," 1 entitled "Customs and Origin of Customary Law," written by Mr. Stackpole while still very young, drew the attention of learned men in Europe, as much, perhaps, as was ever done by any paper of mere jurisprudence from our country. It was the subject of comment by the late Professor Park, at King's College, in one of his public lectures, who read extracts from it to his classes, and it was republished in one of the English law journals. This was at a time when American productions found little favor from the mother country. Story and Kent had not then compelled recognition of American law within the precincts of Westminster Hall. This article will be read with interest by students of jurisprudence and history, while it must always possess peculiar attraction, as the early offering of ingenuous youth to a stern profession ardently espoused. Perhaps nothing ever appeared in our country, from one equally young, evincing a finer juridical spirit.

Mr. Stackpole has been removed from strongest family ties, from a large cluster of friends, from enjoyments richly spread by competency and taste, and from opportunities of usefulness which were before him in ample fields, while his sun of life was still high and glowing in the heavens. He has passed away as a shadow. Let us clasp and hold fast the memory of his virtues.

1 July, 1880, Vol. IV. pp. 28-63.

END OF VOLUME I.

University Press, Cambridge: Printed by Welch, Bigelow, & Co.