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the Law School, a full statement of which has been before given :


“I resign my soul into the hands of Almighty God, in humble reliance upon his infinite goodness and wisdom and mercy, and in a firm belief of the resurrection from the dead and a life everlasting.

“My worldly estate is not large, partly because I have not felt as strongly as some persons the importance of wealth to happiness, and partly from my desire (which, upon this solemn occasion, it is not necessary to conceal,) to administer charity to those who, in the course of Providence, have been placed in a state of dependence upon my bounty.

“ I give to the President and Fellows of Harvard College, to their use and behoof forever, the following articles, viz. :The portrait of my late excellent friend, Mr. Chief Justice Marshall, by Harding, which was presented to me by the Chief Justice himself; the portrait of my late excellent friend, Mr. Justice Washington; my own portrait, by Stuart; the busts of Mr. Chief Justice Marshall, and also of myself, by Frazee; the bust of myself, by my son, William W. Story, with his consent; the prints of Lord Eldon and Lord Stowell, presented to me by the latter, with their glasses and frames; two volumes from and belonging to the library of President Washington, with his autograph, and other written memorandums,- one being President Washington's copy, and remarks thereon, of Mr. Monroe's View of the Conduct of the Executive, (edit. 1797); the other Watts's Views of the Seats of the Nobility and Gentry in England, (edit. 1779.) These books were presented to me by Mr. Justice Washington, as literary curiosities of no small value. I ask the President and Fellows of Harvard College to accept these as memorials of my reverence and respect for that venerable institution, at which I received my education.

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“ I hope it may not be improper for me to add, that I have devoted myself as Dane Law Professor for the last thirteen years, 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 student there for the preceding year. There was no Law Library; but a few and imperfect books being there. The students bave 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-six 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 money legacy to Harvard College, for the general advancement of literature and learning therein."

No satisfactory portrait was ever made of him. There are many paintings, but they all lack that which was most charming in his face. The best is one by William Page, which gives pretty well the earnest expression of his face. Two busts were made of him, one by Frazee, and the other by myself. I believe that the last is

1 At his death sixteen years.

generally considered as the best likeness which remains of him. The constant change of expression and of the actual forms of his face made it a most difficult task to express it in sculpture or painting. Every representation of it lacks the life, animation, and glow of the original, and that union of strength with sweetness which it so beautifully displayed. The engraving, in the first volume, is from a crayon drawing by myself, made from recollection. The following is a list of the portraits made of him at various times :

1. A portrait, by Gilbert Stuart, now belonging to Harvard College, but in the possession of my mother. Painted in 1819.

2. A portrait, by Chester Harding, belonging to James W. Paige, Esq.

3. A portrait, by Chester Harding, belonging to the Hon. Daniel Webster.

4. A portrait, by Chester Harding, belonging to Judge Fay.

5. A portrait, by Osgood, belonging to Franklin Story, Esq.

6. A bust in marble, by John Frazee, belonging to the Boston Athenæum.

7. A bust in marble, by W. W. Story, in his possession.

8. A bust in marble, by W. W. Story, belonging to Harvard University, and in the University Library. Modelled in 1846.

9. A miniature, by Miss Goodrich, belonging to my mother.

10. A crayon drawing, by Johnson, belonging to the family of Richard Peters, Esq. Drawn in 1845.

11. A crayon drawing, by W. W. Story, in his possession. Drawn in 1851, from which the engraving in the first volume of this work is taken.



I HAVE now recounted the acts of my father's life, and my task is drawing to its close. As I compare with the living original this tame and feeble portraiture, so unskilfully drawn, so deficient in all respects, I cannot but feel how utterly unworthy it is. I have collected together only the dry bones and relics of what was living and lovely; that which animated them eludes my grasp. All that now remains is to give a brief sketch of his mind and character, to recapitulate rapidly his gifts to the profession and the world, and to add a few personal reminiscences.

The simple recital of what he did is his best eulogium. His works are his best monument. His life preaches the gospel of labor. In it was no hour wasted, no energy undeveloped, no talent misapplied or unemployed. It was spent in no idle dreaming, in no immoral or empty pursuit of worldly pleasure, but was earnestly devoted from beginning to end to the attainment of pure ends by pure means. The rashness and passion of youth left no stain upon his character. There were no excesses of thought or act to repent. The world had no temptation to seduce him from the path of virtue, and he died as pure of heart as he was born. The friend of Justice, Freedom, Truth, he paid them homage in every act and thought, and never sacrificed duty to worldly interest or ambition.

Of many distinguished men, it is true that they show fairer in the distance, and that proximity blunts the edge of our admiration by developing meannesses, weaknesses, and vices, which were lost in the splendor of their fame, or hidden beneath their towering faculties. This was not true of my father. He was singularly free from those blemishes of character, or of habits, which mar so many a noble mind. Those who knew him best, valued him and loved him most. The closer the scrutiny, the more beautiful seemed his character. His was not an irregular and precipitous genius, where great defects yawned beside lofty powers, only to lend them greater effect, but a uniform and regular nature, all parts of which were in harmony. It was like some gently sloping mountain, which swells by slow gradations into the upper air ;- not like a sheer cliff which startles the imagination to exaggerate its height. His goodness was quite equal to his greatness. He had few defects for friendship to conceal. He was not perfect, for perfection is not allowed to mortal man, but in none did the alloy of humanity ever bear a smaller proportion to the true ore. There was the same harmony of proportion in his mental structure as in his character. His genius was not the result of an exaggeration, or over-development of any particular faculty, or of a preponderance towards one direction, but of completeness of organization and balance of powers. There was in him a singularly exact adjustment of passions and faculties, the motive power of the one being just equal to the distributive power of the other.

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