sufficiently what passed, you would choose rather to
give up your seat than to go on under such circumstances.
His answer, I remember, was that it was most difficult
to know what to do, because it was no use concealing
the fact that your infirmity did interfere with the
working of the Court more or less, on Circuit especially,
and at other times when witnesses were examined, but
that your knowledge of law was so invaluable that
it was difficult to see how this latter advantage
could fail to outweigh the former defect; and everybody
knew that they can’t find a lawyer to fill your
place, though another man might do the ordinary circuit
work with greater comfort to the Bar; though therefore
nobody is so painstaking and so little liable to make
mistakes, yet to people in general and in the whole,
another man would seem to do the work nearly as well,
and would do his work, as far as his knowledge and
conscientiousness went, with more ease;—this
was something like the substance of what passed then,
and you may suppose that since that time I have thought
more about the possibility of your retirement; but
as I know how very much you will feel giving up an
occupation in which you take a regular pride, I do
feel very sorry, and wish I was at home to do anything
that could be done now. I know well enough that
you are the last man in the world to make a display
of your feelings, and that you look upon this as a
trial, and bear it as one, just as you have with such
great patience and submission (and dear Joan too,)
always quietly borne your deafness; but I am sure
you must, and do feel this very much, and, added to
Granny’s illness, you must be a sad party at
home. I feel as if it were very selfish to be
in this beautiful city, and to have been spending
so much money at Florence. Neither did Joan,
in her last letter, nor has Jem now, mentioned whether
you received two letters from Florence, the first
of which gave some description of my vetturino journey
from Rome to Florence. I little thought when
I was enjoying myself so very much there, that all
this was passing at home.... Your influence in
the Privy Council (where I conclude they will offer
you a seat) might be so good on very important questions,
and it would be an occupation for you; and I have
always hoped that, if it should please God you should
retire while still in the prime of life for work,
you would publish some great legal book, which should
for ever be a record of your knowledge on these subjects.
However it may be, the retrospect of upwards of twenty
years spent on the Bench with the complete respect
and admiration of all your friends, is no slight thing
to fall back upon: and I trust that this fresh
trial will turn to your good, and even happiness here,
as we may trust with safety it will hereafter.
’Ever your very affectionate and dutiful Son,
‘John Coleridge Patteson.’
In this winter of 1852, Mr. Justice Patteson’s final decision to retire was made and acted upon. The Judge delighted in no occupation so much as the pursuit of law, and therefore distrusted his own opinion as to the moment when his infirmity should absolutely unfit him for sitting in Court. He had begged a friend to tell him the moment that the impediment became serious; and this, with some hesitation, was done. The intimation was thankfully received, and, after due consideration, carried out.