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.
Public-domain text, read in full here on John Shaqi.
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