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annually gathered in Cambridge. The Law School is the golden mistletoe ingrafted on the ancient oak of the University;

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The deceased was proud of his character as Professor. In his earlier works he is called on the title-page, “Dane Professor of Law.” It was only on the suggestion of the English publisher, that he was prevailed upon to append the other title, “Justice the Supreme Court of the United States." He looked forward with peculiar delight to the time which seemed at hand, when he should lay down the honors and cares of the Bench, and devote himself singly to the duties of his Chair.

I have merely glanced at his character in his three different relations to jurisprudence. Great in each of these, it is on this unprecedented combination that his peculiar fame will be reared, as upon an immortal tripod. In what I have written, I do not think I am biased by the partialities of private friendship. I have endeavored to regard him as posterity will regard him; as all must regard him now, who fully know him in his various works. Imagine for one moment the irreparable loss, if all that he has done were blotted out forever. As I think of the incalculable facilities afforded by his labors, I cannot but say with Racive, when speaking of Descartes : Nous courons; mais, sans lui, nous ne marcherions pas. Besides, it is he who has inspired in many foreign bosoms, reluctant to perceive aught that is good in our country, a sincere homage to the American name. He has turned the stream of the law refluent upon the ancient fountains of Westminster Hall; and, stranger still, he has forced the waters above their sources, up the unaccustomed heights of countries alien to the common law. It is he also who has directed, from the copious well-springs of the Roman law, and from the fresher currents of the modern continental law, a pure and grateful stream, to enrich and fertilize our domestic jurisprudence. In his judgments, in his books, and in his teachings always, he drew from other systems to illustrate the doctrines of the common law.

The mind naturally seeks to compare him with the eminent Jurists, servants of Themis, who share with him the wide spaces of fame. In genius for the law, in the exceeding usefulness of his career, in the blended character of Judge and Author, he cannot yield to our time-honored master, Lord Coke; in suavity of manuer, and in silver-tongued eloquence, he may compare with Lord Mansfield, while in depth, accuracy, and variety of juridical learning, ho surpassed him far; if he yields to Lord Stowell in elegance of diction, he excels even his excellence in the curious exploration of the foundations of that jurisdiction which they administered in common, and in the development of those great principles of public law, whose just determination helps to preserve the peace of nations; and, even in the peculiar field illustrated by the long career of Eldon, we find him a familiar worker, with Eldon's profusion of learning, and without the perplexities of his doubts. There are many who regard the judicial character of the late Chief Justice Mar. shall as at an unapproachable height. I revere his name, and have ever read his judgments, which seem like “pure reason," with admiration and gratitude; but I cannot disguise, that even these noble memorials must yield in high juridical character, in learning, in acuteness, in fervor, in the variety of topics which they

concern, as they are far inferior in amount, to those of our friend. There is still spared to us a renowned Judge, at this moment the unquestioned living head of American jurisprudence, with no rival near the throne, — Mr. Chancellor Kent, — whose judgments and whose works always inspired the warmest eulogies of the departed, and whose character as a Jurist furnishes the fittest parallel to his own in the annals of our law.

It were idle, perhaps, to weave further these vain comparisons; particularly to invoke the living. But busy fancy revives the past, and persons and scenes renew themselves in my memory. I call to mind the recent Chancellor of England, the model of a clear, grave, learned, and conscientious magistrate, — Lord Cottenham. I see again the ornaments of Westminster Hall, on the Bench and at the Bar, where sits Denman, in manner, in conduct, and character "every inch” the Judge; where pleaded only a few short months ago the consummate lawyer Follet, whose voice is now hushed in the grave; their judgments, their arguments, their conversation, I cannot forget; but thinking of these, I feel new pride in the great Magistrate, the lofty Judge, the consummate Lawyer, whom we now mourn.

It has been my fortune to know the chief Jurists of our times, in the classical countries of jurisprudence, France and Germany. I remember well the pointed and effective style of Dupin, as he delivered one of his masterly opinions in the highest Court of France; I recall the pleasant converse of Pardessus, — to whom, commercial and maritime law is under a larger debt, perhaps, than to any other mind, — while he descanted on his favorite theme. I wander in fancy to the gentle presence of him with flowing silver locks, who was so dear to Germany, – Thibaut, the expounder of the Roman law, and the earnest and successful advocate of a just scheme for the reduction of the unwritten law to the certainty of a written text. From Heidelberg I fly to Berlin, where I listen to the grave lecture, and mingle in the social circle of Savigny, so stately in person and peculiar in countenance, whom all the continent of Europe delights to honor; but my heart and my judgment untravelled fondly turn with new love and admiration to my Cambridge teacher and friend. Jurisprudence has many arrows in her golden quiver, but where is one to compare with that which is now spent in the earth?

The fame of the Jurist is enhanced by the various attainments superinduced upon his learning in the law. His "Miscellaneous Writings” show a thoughtful mind, imbued with elegant literature, warm with kindly sentiments, commanding a style of rich and varied eloquence. There are many passages from these which have become the common-places of our schools. In early life he yielded to the fascinations of the poetic muse; and here the great lawyer may find companionship with Selden, who is introduced by Suckling into the "Session of Poets," as "close by the chair"; with Blackstone, whose “ Farewell to the Muse” shows his fondness for poetic pastures, even while his eye was directed to the heights of the law; and also with Mansfield, of whom Pope has lamented in familiar words,

How sweet an 'Ovid, Murray, was our boast !

I have now before me, in his own handwriting, some verses written by him in 1833, entitled, “ Advice to a Young Lawyer.” As they cannot fail to be read with interest, I introduce them here.

Whene'er you speak, remember every cause
Stands not on eloquence, but stands on laws —
Pregnant in malier, in expression briel,
Let every sentence stand with bold relief;
On trifling points, nor time, nor talents waste,
A sad ofience to learning, and to taste;
Nor deal with pompous phrase; nor e'er suppose
Poetic flights belong to reasoning prose.
Loose declamation may deceive the crowd,
And seem more striking, as it grows more loud;
But sober sense rejects it with disdain,
As naught bul empty noise, and weak as vain.
The froth of words, the schoolboy's vain parade
of books and cases — all his stock in trade -
The pert conceits, the cunning tricks and play
Of low attorneys, strung in long array,
The unseemly jest, the petulant reply,
That chalters on, and cares not how, nor why,
Studious, avoid — unworthy themes to scan,
They sink the speaker and disgrace the man.
Like the false lights, by flying shadows cast,
Scarce seen when preseni, and forgot when past.

Begin with dignity; expound with grace
Each ground of reasoning in its time and place;
Let order reign throughout - each topic touch,
Nor urge ils power too little or too much.
Give each strong thought its most attractive view,
In diction clear, and yet severely true.
And, as the argumenis in splendor grow,
Let each reflect its light on all below.
When to the close arrived, make no delays,
By petty flourishes, or verbal plays,
But sum the whole in one deep, solemn strain,
Like a strong current hastening to the main.

But the Jurist, rich with the spoils of time, the exalted magistrate, the orator, the writer, all vanish when I think of the friend. Much as the world may admire his memory, all who knew him shall love it more. Who can forget his bounding step, his contagious laugh, his exhilarating voice, his beaming smile, his countenance that shone like a benediction? What pen can describe these — what artist can preserve them on canvas or in marble? He was always the friend of the young, who never tired in listening to his mellifluous discourse. Nor did they ever leave his presence without feeling a warmer glow of virtue, a more inspiring love of knowledge and truth, more generous impulses of action. I remember him in my childhood; but I first knew him after he came to Cambridge, as Professor, while I was yet an undergraduate, and now recall freshly, as if the words were of yesterday, the eloquence and animation, with which, at that time, to a youthful circle, he enforced the beautiful truth, that no man stands in the way of another. The world is wide enough for all, he said, and no success, which may crown our neighbor, can affect our own career. In this spirit he run his race on earth, without jealousy, without envy; nay more, overflowing with appreciation and praise of labors which compare humbly with his own. In conversation, he dwelt with fervor upon all the topics which interest man; not only upon law, but upon litera

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ture, history, the characters of men, the affairs of every day; above all, upon the great duties of life, the relations of men to each other, to their country, to God. High in his mind, above all human opinions and practices, were the everlasting rules of Right; nor did he ever rise to a truer eloquence, than when condemning, as I have more than once heard him recently, that evil sentiment, —"Our country, be she right or wrong," — which, in whatsoever form of language it may disguise itself, assails the very foundations of justice and virtue.

He has been happy in life; happy also in death. It was his hope, expressed in health, that he should not be allowed to linger superfluous on the stage, nor waste under the slow progress of disease. He was always ready to meet his God. His wishes were answered. Two days before his last illness, he delivered in Court an elaborate judgment on a complicated case in equity. Since his death, another judgment in a case already argued before him, has been found among his papers, ready to be pronounced.

I saw him for a single moment on the evening preceding his illness. It was an accidental meeting away from his own house — the last time that the open air of heaven fanned his cheeks. His words of familiar, household greeting, on that occasion, still linger in my ears, like an enchanted melody. The morning sun saw him on the bed from which he never again rose. Thus closed, after an illness of eight days, in the bosom of his family, without pain, surrounded by friends, a life, which, through various vicissitudes of disease, had been spared beyond the grand climacteric, that Cape of Storms in the sea of human existence:

Mullis ille bonis flebilis occidit,
Nulli flebilior quam mihi.

He is gone, and we shall see him no more on earth, except in his works, and in the memory of his virtues. The scales of justice, which he so long held, have fallen from his hands. The untiring pen of the Author rests at last. The voice of the Teacher is mute. The fountain, which was ever flowing and ever full, is stopped. The lips, on which the bees of Hybla might have rested, have ceased to distil the honeyed weets of kindness. The manly form, warm with all the affections of life, with love for family and friends, for truth and virtue, is now cold in death. The justice of nations is eclipsed; the life of the law is suspended. But let us listen to the words, which, though dead, he utters from the grave:—“Sorrow not as those without hope.” The righteous judge, the wise teacher, the faithful friend, the loving father, has ascended to his Judge, his Teacher, his Friend, his Father in Heaven.


No. II.


The following tributes, chiefly from the Bench and the Bar, to the life, character, and services of my father, immediately followed his death.


At a meeting of the Bar of Massachusetts, held in the Circuit Court Room, on the morning of the 12th of September, the day of the funeral of Mr. Justice Story, Mr. Chief Justice Shaw having taken the chair, and announced the object of the meeting, the Honorable Daniel Webster rose and spoke nearly as follows:

Your solemn announcement, Mr. Chief Justice, has confirmed the sad intelligence, which had already reached us, through the public channels of information, and deeply afflicted us all.

Joseph Story, one of the associate Justices of the Supreme Court of the United States, and for many years the presiding Judge of this Circuit, died on Wednesday evening last, at his own house in Cambridge, wanting only a few days for the completion of the sixty.sixth year of his age.

This most mournful and lamentable event has called together the whole Bar of Suffolk, and all connected with the courts of law, or the profession. It has brought you, Mr. Chief Justice, and your associates of the Bench of the Supreme Court of Massachusetts, into the midst of us; and you have done us the honor, out of respect to the occasion, to consent to preside over us, while we deliberate on what is due, as well to our own afflicted and smitten feelings, as to the exalted character and eminent distinction of the deceased Judge. The occasion has drawn from his retirement, also, that venerable man, whom we all so much respect

and honor, (Judge Davis,) and who was, for thirty years, the associate of the deceased, upon the same Bench. It has called hither another judicial personage, now in retirement, (Judge Putnam,) but long an ornament of that Bench, of which you are now the head, and whose marked good fortune it is, to have been the Professional Teacher of Joseph Story, and the director of his early studies. He is here, also, to whom this blow comes near, -I mean the learned Judge, (Judge Sprague) - immediately from whose side it has struck away a friend, and a

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