A Treatise On Criminal Law: By Francis Wharton ...
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Yale Law School Library
ocm33930224
Philadelphia : Kay and Brother, 1874. xliii, 889 p. ; 25 cm.
A Treatise on Theism: And on the Modern Skeptical Theories (Classic Reprint)
(Excerpt from A Treatise on Theism: And on the Modern Skep...)
Excerpt from A Treatise on Theism: And on the Modern Skeptical Theories
Unity and harmony of pattern, Q 82 Union of harmony in general laws, With special adaptations of details, §35.
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Francis Wharton was an American legal writer and educationalist.
Background
Francis Wharton was the son of Thomas Isaac and Arabella (Griffith) Wharton of Philadelphia. He was fourth in descent from Thomas Wharton, baptized at Orton, England, 1664, married in Philadelphia, 1689, a successful Quaker merchant whose descendants formed one of the leading families of the city. An uncle of Francis Wharton, Judge William Griffith of the United States circuit court, was the author of several law treatises. Francis' father, a prominent lawyer and editor of law reports, is said to have left the Society of Friends to serve as an officer in the War of 1812. He married a member of the Episcopal Church and joined that denomination. Francis' mother was very devout and exercised a profound religious influence over her son.
Education
Wharton graduated from Yale in 1839 and studied law in his father's office.
Career
He was admitted to the Pennsylvania bar in 1843. He soon won success as a lawyer and for a time served as assistant to the attorney general of Pennsylvania, but he became better known as an authority on criminal law. Among his early works were A Treatise on the Criminal Law of the United States (1846), Precedents of Indictments and Pleas (1849), State Trials of the United States during the Administrations of Washington and Adams (1849), A Treatise on the Law of Homicide in the United States (1855), and in collaboration with Moreton Stillé, Treatise on Medical Jurisprudence (1855). From boyhood he had been interested in church work and after the death of his wife he turned to religious activity, becoming a lay preacher and serving as editor of the Episcopal Recorder. In 1856 he made a tour of the upper Missouri Valley in a wagon, distributing Bibles and tracts, and in the fall he accepted appointment as professor of history and literature in Kenyon College, Gambier, Ohio. During his years at Kenyon, Wharton continued his activity as a religious writer, editor, and lay preacher, and on April 11, 1862, was ordained deacon; a month later he was raised to the priesthood. The following year he became rector of St. Paul's Episcopal Church, Brookline, Massachussets Resigning his pastorate in 1871, he accepted a professorship in the recently established Episcopal Theological Seminary at Cambridge, where he continued for ten years. In denominational affairs he was a leader of the Evangelical or Low Church school. He was the author of two books on religious themes, A Treatise on Theism and on the Modern Skeptical Theories (1859) and The Silence of Scripture (1867). The years which Francis Wharton spent in religious work did not lure him permanently from the field of legal writing. His Treatise on the Conflict of Laws (1872), largely written during a six months' stay at Dresden while abroad for his health, in 1870-71, established his reputation as an authority on international law. He lectured on this subject at the law school of Boston University. Other books by Wharton written while at Cambridge bear evidence of his activity during those years: A Treatise on the Law of Negligence (1874), A Commentary on the Law of Evidence in Civil Issues (1877), Philosophy of Criminal Law (1880), A Commentary on the Law of Contracts (1882). He resigned his Cambridge professorship in 1881 because of failing health and spent the next two years in Europe. Upon returning to Philadelphia, he busied himself revising his books. His early Treatise on Criminal Law went through nine editions during his lifetime and a twelfth edition was published in 1932. Some of his other works also appeared in several editions. At the beginning of the first Cleveland administration Wharton accepted an invitation to become examiner of claims, chief of the legal division in the Department of State, and took office April 15, 1885. In addition to his regular duties he was entrusted by Congress with the compilation of A Digest of the International Law of the United States. Much of this work was incorporated by John Bassett Moore in A Digest of International Law published by the government in 1906. To Wharton was also assigned the task of editing The Revolutionary Diplomatic Correspondence of the United States, the manuscript for which he completed shortly before his death. The task was done in a spirit of honesty, discarding the practice by which earlier compilers of American records had deleted passages reflecting on the judgment or motives of the "Founding Fathers. " His work as legal adviser to the Department and as a writer on the foreign policy of the United States was notable for the emphasis which he placed on the rights of neutrals. As an officer of the government he insisted upon the neutral rights of American vessels during the insurrection in Colombia (1885). He severely criticized the decision of the Supreme Court in the Springbok case, arising from the seizure of a British vessel bound for Nassau during the Civil War, and pointed out the danger of similar infringements of the rights of American commerce by Great Britain when she should become engaged in war with a European power. Wharton died at his home in Washington, and was buried in Rock Creek Cemetery in that city.
On November 4, 1852, Wharton married Sidney Paul, daughter of Comegys and Sarah (Rodman) Paul of Philadelphia. She died in September 1854. On December 27, 1860, he married Helen Elizabeth Ashhurst, daughter of Lewis R. and Mary H. Ashhurst of Philadelphia. By his second marriage he had two daughters.