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whom he had loved with a singleness and devotedness of affection never surpassed; — his own birth, which seemed principally memorable to him, as it connected him with beings like these ; — his own death, which was but an event to re-unite him with those, who had gone before, in a world, where there should be no more suffering or sorrow; but where kindred souls should dwell together, even as the An. gels in Heaven.”

At the opening of the Supreme Court, in the succeeding January, Mr. Clay, having moved that certain resolutions by the Bar of this Court, expressive of their highest respect for the extraordinary ability, learning, and virtues of Chief Justice Marshall, and of their sense of the great loss sustained in his death by the whole country, should be entered upon the records of the Court, my father replied as follows:

“ The Court receive with great sensibility the resolutions of the Bar, in regard to the late Chief Justice Marshall. In this tribute of affectionate respect to his memory, we most cordially unite. It contains a true, as it does an eloquent expression of feelings and sentiments common to the whole profession. The community have sustained a severe loss in the departure of this great and good man, who was ripe in years and full of honors. His genius, his learning, and his virtues, have conferred an imperishable glory on his country, whose liberties he fought to secure, and whose institutions he labored to perpetuate. He was a patriot and statesman of spotless integrity and consummate wisdom. The science of jurisprudence will forever acknowledge him as one of its greatest benefactors. The Constitution of the United States owes as much to him as to any single mind, for the foundations on which it rests, and the expositions by which it is to be maintained. But above all, he was the ornament of human nature itself, in the beautiful illustrations which his life constantly presented of its most attractive graces and most elevated attributes. We who have been the witnesses and companions of his judicial labors, cannot but feel the desolation which has visited us. One consolation is, that he is now beyond the reach of human infirmity, and (as we trust) in the possession of the rewards of a blessed immortality. This hall will never again be honored with his presence. But so long as it shall remain devoted to the administration of public justice, so long will it preserve the best records of his fame. He, who in future ages shall here seek his monument, need but look around and before him. The voices of the eloquent and the learned, which will here pronounce his name, will never fail to breathe forth at the same time his most affecting praise.

“ It is the order of the Court, that the resolutions of the Bar be entered upon their records; and the Judges will wear crape on their left arm during the term, as a fit expression of their entire coincidence with the feelings of the Bar."

The following letter mentions the discourse on the Chief Justice, as being in preparation. The memoir referred to is the autobiography used in the early part of the present work.

TO MISS HARRIET MARTINEAU.

Cambridge, October 8th, 1835. MY DEAR Miss MARTINEAU:

I give you a thousand thanks for your memoirs of your life. It is very interesting to me, from the incidents which it details; but far more from the graphic manner in which it presents the outlines of your thoughts and character. It has let me into the interior, as it were, of your intellectual resources and your favorite pursuits; I shall cherish it with peculiar pleasure, as a mark of your kind confidence, and my children shall possess it, with your good leave, as a keepsake of yourself. Some years ago, at the urgent suggestions of some friends, I put on paper a little sketch of my own life. It does little more than detail its principal incidents, and contains scarcely any thing of my thoughts or opinions, or even pursuits. I wish it did. But the truth is, that we Americans have not yet learned the art of memoir writing. We have such a dread of being accused of egotism and of being ridiculed for it, that we dare not speak of ourselves as we really think, and we conceal those personal anecdotes, upon which we place most value, and in which we have the deepest interest. However, when you visit us, I will show you the manuscript, if you have any curiosity to read it. I regretted that I was not at home when

you

did us the favor of a call. We shall be expecting you to make your promised visit as early as you can in November, and then I must contrive to have leisure (which I have been seeking for twenty years as a lost treasure) to talk all sorts of matters over with you. Of late I have been much engaged in writing a sketch of a discourse upon the life of Chief Justice Marshall, which is to be delivered on the 15th of October. It is (strange as it may seem) at once a delightful and painful subject; delightful, as I am in love with his character, positively in love; painful, as I never hope to look upon his like again.

I wait with the deepest interest for the next news from England. The Lords have fairly destroyed the Municipal Corporation Bill. Their amendments seem to me to make it as bad as it can well be, for purposes of reform. I suppose the Commons will at once reject it, and then will arrive the crisis which I have long foreseen — the struggle for power between the people and the aristocracy. I cannot but think that the latter are wholly wanting in policy in their line of maneuvres.

Pray remember that I lived twenty years in Salem. It is the scene of many joys, and many, very many sorrows to me. There I buried many that I loved. But I must away from

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such thoughts. My native place (Marblehead) is four miles off. Mr. Phillips must take you to visit it. It is a fishing town, almost in its state of primitive simplicity. My father lies buried there. He was a physician of very extensive practice, and one of the most excellent of fathers. Believe me, truly and affectionately yours,

JOSEPH STORY.

The following verses were written in February, 1836, on Chief Justice Marshall, as an

INSCRIPTION FOR A CENOTAPH.

To Marshall reared — the great, the good, the wise ;
Born for all ages, honored in all skies;
His was the fame to mortals rarely given,
Begun on earth, but fixed in aim on heaven.
Genius, and learning, and consummate skill,
Moulding each thought, obedient to the will;
Affections pure, as e'er warmed human breast,
And love, in blessing others, doubly blest;
Virtue unspotted, uncorrupted truth,
Gentle in age, and beautiful in youth ; -
These were his bright possessions. These had power
To charm through life and cheer his dying hour.
Are these all perished ? No! but snatched from time,
To bloom afresh in yonder sphere sublime.
Kind was the doom (the fruit was ripe) to die,
Mortal is clothed with immortality.

CHAPTER V.

PROFESSORIAL AND JUDICIAL LIFE.

My Father's CLAIMS TO THE CHIEF JUSTICESHIP OF THE SUPREME

COURT — CAUSES OF HIS REJECTION PARALLEL BETWEEN HIM AND BULLER-Law School-LETTER FROM MR. JUSTICE VAUGHAN

ARTICLE IN KRITISCHE ZEITSCRIFT ON CONSTITUTION AND PUBLIC LAW OF THE UNITED STATES – LETTERS FROM PROFESSOR MITTERMAIER IN RELATION TO IT — ARTICLE IN THE RÉVUE ÉTRANGÈRE ON THE ORGANIZATION AND JURISDICTION OF THE NATIONAL COURTS IN THE UNITED STATES — LETTER OF Mons. Felix PUBLICATION OF MISCELLANEOUS WRITINGS — DEDICATION - CORRESPONDENCE WITH CHANCELLOR KENT - CARE IN EXAMINING AUTHORITIES AND PREPARING HIS WORKS — MEMORIAL ON FRENCH CLAIMS Acts AS CHIEF JUSTICE NUMBER OF JUDGES INCREASED – LEGAL MEMORY — NOTICE OF EQUITY JURISPRUDENCE - PLAN OF TREATISES TO BE WRITTEN - ANECDOTE OF MR. DANE

-REPORT ON CODIFICATION EXTRACTS CENTENNIAL CELEBRATION OF HARVARD UNIVERSITY — SPEECH BY MY FATHER.

Upon the death of Chief Justice Marshall, the profession, generally, looked forward to the appointment of my father as his successor. His distinction, his affluent learning, his long services, his seniority of position on the Bench, all seemed to point him out as the fit successor to the dignity of the Chief Justiceship. But the expectations of the profession and of his friends were equally disappointed. His constitutional views did not coincide with those of General Jackson ; and although he had fully supported the principles set forth in the

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