2  Cic.  t)rat.  Phillip  2,  ch.  4,  Oliv.  &  Ernest,  edit. ;  cited  by  Sir  Samuel  Bom-
illy,  2  Swanst.  419.
EQ.  JUK. — VOL.  n.  22


254<  EQUITY   JURISPRUDENCE.  [cH.  XXIII.
tions.  If  the  mere  sending  of  letters  to  third  persons  is  not  to
be  deemed,  in  cases  of  literary  composition,  a  total  abandon-
ment of  the  right  of  property  therein  by  the  sender ;  a  fortiori,
the  act  of  sending  them  cannot  be  presumed  to  be  an  abandon-
ment thereof  in  cases  where  the  very  nature  of  the  letters  im-
ports, as  matter  of  business,  or  friendship^  or  advice,  or  family
or  personal  confidence,  the  implied  or  necessary  intention  and
duty  of  privacy  and  secrecy.^

§  948.  Fortunately  for  public  as  well  as  for  private  peace
and  morals,  the  learned  doubts  on  this  subject  have  been  over-
ruled ;  and  it  is  now  held,  that  there  is  no  distinction  between
private  letters  of  one  nature  and  private  letters  of  another.^


lln  Folsom  v.  Marsh,  2  Story,  R.  100,  113,  Mr.  Justice  Story  said:  "In
resptect  to  official  letters  addressed  to  the  governmeat  or  any  of  its  departments
by  public  officers,  so  far  as  the  right  of  the  government  extends,  from  principles  of
public  policy  to  withhold  them  from  publication,  or  to  give  them  publicity,  there
maybe  a  just  ground  of  distinction.  It  may  be  doubtful  whether  any  public
officer  is  at  liberty  to  publish  them,  at  least,  in  the  same  age,  when  secrecy  may
be  required  by  the  public  exigencies,  without  the  sanction  of  the  government.
