convinced that the doctrines and opinions of the "old Court" were daily losing ground, and especially those on great constitutional questions. New men and new opinions have succeeded. The doctrines of the Constitution, so vital to the country, which in former times received the support of the whole Court, no longer maintain their ascendency. I am the last member now living, of the old Court, and I cannot consent to remain where I can no longer hope to see those doctrines recognized and enforced. For the future I must be in a dead minority of the Court, with the painful alternative of either expressing an open dissent from the opinions of the Court, or, by my silence, seeming to acquiesce in them. The former course would lead the public, as well as my brethren, to believe that I was determined, as far as I might, to diminish the just influence of the Court, and might subject me to the imputation of being, from motives of mortified ambition, or political hostility, earnest to excite popular prejudices against the Court. The latter course would subject me to the opposite imputation, of having either abandoned my old principles, or of having, in sluggish indolence, ceased to care what doctrines prevailed. Either alternative is equally disagreeable to me, and utterly repugnant to my past habits of life, and to my present feelings. I am persuaded that by remaining on the Bench I could accomplish no good, either for myself or for my country.

I meditate, therefore, to fall back on my Law Professorship, and to devote the residue of my life to its duties, hoping thereby to sustain its influence and its character. I believe the University will be ready to allow me any reasonable compensation I desire.

The Presidency of Harvard College is not an object within my contemplation. I should greatly prefer my Professorship, as not less in dignity, and quite as elevated in importance. The resignation of the President came upon me by entire surprise, and it is very uncertain who will be his successor. Months will elapse before any choice can or will be made,

and perhaps a half year. If Mr. Everett should, upon his return from Europe, incline to take it, it is not improbable, although far from certain, that it may be offered to him. I do not believe that sectarian views will have any influence upon the appointment. I shall remember your your recommenda

tion of President Hopkins.

My judicial and other duties will probably occupy me (with occasional journeys) until the beginning of September. If in that month you should have an opportunity to visit old Massachusetts, I shall be very glad to see you at Cambridge, and talk over old affairs and new.

Believe me, most truly and affectionately,
Your friend,

JOSEPH STORY.

Having determined to resign, my father returned to Cambridge after the session at Washington, with a light heart. This determination, however, he endeavored to keep private, disclosing it only to a few friends, with whom he consulted in respect to his future plans. Hitherto, his salary as Professor at Cambridge had only been one thousand dollars. Notwithstanding the large increase of the Law School (then numbering over one hundred and fifty students, whose tuition fees amounted to fifteen thousand dollars annually) the salary had never been raised. On the contrary, my father had declined the reiterated offers of the corporation, to increase it to any sum that he should deem proper.

As he was now, however, to resign his income as Judge of the Supreme Court, and to surrender all his time to the Law School, he did not feel that his circumstances would allow him to continue the course which he had previously adopted. This was at once apprehended by

the Corporation, who proposed an increase of compensation, offering him any sum which he should fix upon, rightly considering his services to the College as invaluable, and well knowing their ability, out of the revenue of the School, to meet any demand which he should make. The sum of four thousand dollars was ultimately established as his future annual salary.

The paltry compensation, which had been hitherto received from the College, was never looked upon by either party as constituting an adequate remuneration of his services ; but, on the contrary, the express understanding had been, that the difference between it and the sum proposed to be paid by the Corporation, and declined by my father, was to be considered as an annual donation to the Law School. Taking the rate of three thousand dollars, which is the present salary of the Professors at the Law School, and the minimum sum at which my father's services can be estimated, his actual donations to the College, in money, during the sixteen years of his Professorship, after deducting the salary received by him, would amount to $32,000, which is more than double the donation of Mr. Dane. Although this fact appears undoubtedly on the records of the University, yet, as it is not generally known, I feel bound thus publicly to state it, in order to vindicate my father from the supposition of having made no pecuniary donation to the College, as well as to explain a clause in his will, in which the fact is referred to. It is greatly to be regretted, that a paper drawn up by him in relation to this matter, and fully explaining it, has, by some unfortunate accident, been lost.

Out of the surplus income of the school during his Professorship, the entire Law Library was purchased,

(except what was selected from the general library of the University,) which, in the late Report of the Treasurer, was valued at $32,493.87, and the whole cost of the enlargement of the Law building in 1845, amounting to $12,700, was defrayed. Besides this, the difference between the income of the Royall fund, and the salaries actually paid to the Professors on that foundation, during this period, amounting to $25,971, were also paid out of this revenue; and at my father's death $15,500 remained to the credit of the school. The income of Mr. Dane's donation was not even sufficient to pay the trivial salary of $1,000. The greater portion of this revenue, beyond the actual donations by my father, is fairly attributable to the influence of his name and efforts, and as no portion of the funds, or of the income from the funds of Mr. Dane, was appropriated either to the Law building or to the Library, it is difficult to see why he alone should have the honor of them.

In February, 1849, a committee was appointed by the Board of Overseers, consisting of Hon. Peleg Sprague, Hon. William Kent, Charles Sumner, Esq., Hon. Albert H. Nelson, and Peleg W. Chandler, Esq., to visit the Law School. The report of this committee on November 7th, 1849, drawn up by Charles Sumner, Esq., after stating the history and condition of the school, thus proceeds:

"In reviewing the history of the School, the committee, while remembering with grateful regard all its instructors, pause with veneration before the long and important labors of STORY. In the meridian of his fame as a judge, he became a practical teacher of jurisprudence, and lent to the University the lustre of his name.

"The character of his labors, and their influence upon the School, will appear from an interesting passage in his last will and testament, bearing date January 2, 1842. After bequeathing to the University several valuable pictures, busts, and books, he proceeds as follows: I ask the President and Fellows of Harvard College to accept them as memorials of my reverence and respect for that venerable institution at which I received my education. I hope it may not be improper for me here to add, that I have devoted myself as Dane Professor for the last thirteen years1 to the labors and duties of instruction in the Law School, and have always performed equal duties and to an equal amount with my excellent colleagues, Mr. Professor Ashmun and Mr. Professor Greenleaf, in the Law School. When I came to Cambridge, and undertook the duties of my Professorship, there had not been a single law student there for the preceding year. There was no Law Library, but a few old and imperfect books being there. The students have since increased to a large number, and, for six years last past, have exceeded one hundred a year. The Law Library now contains about six thousand volumes, whose value cannot be deemed less than twenty-five thousand dollars. My own salary has constantly remained limited to one thousand dollars,- a little more than the interest of Mr. Dane's donation. I have never asked or desired an increase thereof, as I was receiving a suitable salary as a Judge of the Supreme Court of the United States; while my colleagues have very properly received a much larger sum, and of late years more than double my own. Under these circumstances, I cannot but feel that I have contributed towards the advancement of the Law School a sum out of my earnings, which, with my moderate means, will be thought to absolve me from making, what otherwise I certainly should do, a pecuniary legacy to Harvard College, for the general advancement of literature and learning therein.'

1 At the time of his death it was sixteen years.