highly venerated official associate. The members of the School, to which the deceased was so much attached, and who returned that attachment with all the ingenuousness and enthusiasm of educated and ardent youthful minds, are here also, to manifest their sense of their own severe deprivation, as well as their admiration of the bright and shining professional example, which they have so loved to contemplate; an example, — let me say to them, and let me say to all, as a solace, in the midst of their sorrows,—which death hath not touched, and which time cannot obscure.

Mr. Chief Justice, one sentiment pervades us all. It is that of the most profound and penetrating grief, mixed, nevertheless, with an assured conviction, that the great man whom we deplore, is yet with us, and in the midst of us. He hath not wholly died. He lives in the affections of friends, and kindred, and in the high regard of the community. He lives in our remembrance of his social virtues, his warm and steady friendships, and the vivacity and richness of his conversation. He lives, and will live still more permanently, by his words of written wisdom, by the results of his vast researches and attainments, by his imperishable legal judgments, and by those juridical disquisitions, which have stamped his name, all over the civilized world, with the character of a commanding authority. Vivit, enim, vivetque semper; atque etiam latius in memoria hominum et sermone versabitur, postquam ab oculis recessit.

Mr. Chief Justice, there are consolations which arise to mitigate our loss, and shed the influence of resignation over unfeigned and heartfelt sorrow. We are all penetrated with gratitude to God, that the deceased lived so long; that he did so much for himself, his friends, the country and the world; that his lamp went out, at last, without unsteadiness or flickering. He continued to exercise every power of his mind, without dimness or obscuration, and every affection of his heart, with no abatement of energy or warmth, till death drew an impenetrable veil between us and him. Indeed, he seems to us now, as in truth he is, not extinguished, or ceasing to be, but only withdrawn; as the clear sun goes down at its sitting, not darkened, but only no longer seen.

This calamity, Mr. Chief Justice, is not confined to the Bar, or the Courts, of this Commonwealth. It will be felt by every Bar, throughout the land, by every Court, and indeed by every intelligent and well-informed man, in or out of the Profession. It will be felt still more widely, for his reputation had a still wider range. In the High Court of Parliament, in every tribunal in Westminster Hall, in the Judicatories of Paris and Berlin, Stockholm and St. Petersburgh, in the learned Universities of Germany, Italy, and Spain, by every eminent jurist in the civilized world, it will be acknowledged, that a great luminary has fallen from the firmament of public jurisprudence.

Sir, there is no purer pride of country than that in which we may indulge, when we see America paying back the great debt of civilization, learning, and science to Europe. In this high return of light for light, and mind for mind, in this august reckoning and accounting between the intellects of nations, JOSEPH STORY was destined by Providence to act, and did act, an important part. Acknowledging, as we all acknowledge, our obligations to the original sources of English law, as well as of civil liberty, we have seen, in our generation, copious and salutary

streams turning and running backward, replenishing their original fountains, and giving a fresher and a brighter green to the fields of English jurisprudence. By a sort of reversed hereditary transmission, the mother, without envy or humiliation, acknowledges that she has received a valuable and cherished inheritance from the daughter. English justice admits, with frankness and candor, and with no feeling but that of respect and admiration, that he, whose voice we have so recently heard within these walls, but shall now hear no more, was of all men who have yet appeared, most fitted by the comprehensiveness of his mind, and the vast extent and accuracy of his attainments, to compare the codes of nations, to trace their differences to difference of origin, climate, or religious or political institutions, and to exhibit, nevertheless, their concurrence in those great principles, upon which the system of human civilization rests.

Justice, sir, is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happiness, and the improvement and progress of our race. And whoever labors on this edifice, with usefulness and distinction, whoever clears its foundations, strengthens its pillars, adorns its entablatures, or contributes to raise its august dome still higher in the skies, connects himself in name, and fame, and character, with that which is and must be as durable as the frame of human society.

All know, Mr. Chief Justice, the pure love of country, which animated the deceased, and the zeal, as well as the talent, with which he explained and defended her institutions. His work on the Constitution of the United States, is one of his most eminently successful labors. But all his writings, and all his judgments, all his opinions, and the whole influence of his character, public and private, leaned strongly and always, to the support of sound principles, to the restraint of illegal power, and to the discouragement and rebuke of licentious and disorganizing sentiments. Ad rempublicam firmandam, et ad stabiliendus vires, et sanandum populum, omnis ejus pergebat institutio.

But this is not the occasion, sir, nor is it for me to consider and discuss at length, the character and merits of Mr. Justice Story, as a writer or a Judge. The performance of that duty, with which this Bar will, no doubt, charge itself, must be deferred to another opportunity, and will be committed to abler hands. But, in the homage paid to his memory, one part- may come with peculiar propriety and emphasis from ourselves. We have known him in private life. We have seen him descend from the Bench, and mingle in our friendly circles. We have known his manner of life, from his youth up. We can bear witness to the strict uprightness and purity of his character; his simplicity, and unostentatious habits; the ease and affability of his intercourse; his remarkable vivacity, amidst severe labors; the cheerful and animating tones of his conversation, and his fast fidelity to friends. Some of us, also, can testify to his large and liberal charities, not ostentatious or casual, but systematie and silent, - dispensed almost without showing the hand, and falling and distilling comfort and happiness, like the dews of heaven. But we can testify, also, that in all his pursuits and employments, in all his recreations, in all his commerce with the world, and in his intercourse with

the circle of his friends, the predominance of his judicial character was manifest. He never forgot the ermine which he wore. The Judge, the Judge, the useful and distinguished Judge, was the great picture which he kept constantly before his eyes, and to a resemblance to which all his efforts, all his thoughts, all his life, were devoted. We may go the world over, without finding a man who shall present a more striking realization of the beautiful conception of D'Aguesseau, -C'est vain que l'on cherche, à distinguer en lui la personne privée et la personne publique; un même esprit les anime, un même objêt les réunit; l'homme, le père de famille, le citoyen, tout est en lui consacré à la gloire du Magistrat.

Mr. Chief Justice, one may live as a conqueror, or a magistrate; but he must die as a man. The bed of death brings every human being to his pure individuality; to the intense contemplation of that deepest and most solemn of all relations, the relation between the creature and his Creator. Here it is, that fame and renown cannot assist us; that all external things must fail to aid us; that even friends, affection, and human love and devotedness, cannot succor us. This relation, the true foundation of all duty, a relation perceived and felt by conscience, and confirmed by revelation, our illustrious friend, now deceased, always acknowledged. He reverenced the scriptures of truth, honored the pure morality which they teach, and seized hold on the hopes of future life, which they impart. He saw enough in nature, in himself, and in all that can be known of things seen, to feel assured that there is a Supreme Power, without whose Providence not a sparrow falleth to the ground. To this gracious Being he trusted himself, for time and for eternity; and the last words of his lips, ever heard by mortal ears, were a fervent supplication to his Maker to take him to Himself.

The following resolutions drawn up by George S. Hillard, Esq., and Charles Sumner, Esq., were then submitted to the meeting by Mr. Webster.

Resolved, That the members of the Suffolk Bar have learned with deep regret the death of the Honorable JOSEPH STORY, One of the Justices of the Supreme Court of the United States, and Dane Professor of Law in Harvard University.

Resolved, That we acknowledge with the liveliest gratitude, the vast debt which we and our whole country owe to his labors and services as a Judge. He was elevated to the Bench in early manhood, and his judicial life was prolonged to a period almost unexampled in the annals of the common law. The wisdom of the selection was immedi ately indicated, by the distinguished ability which he displayed, and each succeeding year has added to the splendor and extent of his judicial faine. He moved with familiar steps over every province and department of jurisprudence. All branches of the law have been illustrated and enlarged by his learning, acuteness, and sagacity, and of some he has been the creator. His immortal judgments contain copious stores of ripe and sound learning, which will be of inestimable value in all future tines, alike to the judge, the practitioner, and the student. We, too, who have had such ample opportunities of witnessing his judicial presence, can give our emphatic tribute of admiration to the gentle dignity with which he administered the law, to his untiring industry, his firm iinpartiality, his uniform courtesy, and recognition of the rights of all who approached him, his quickness and tact in the despatch of business, the readiness with which he applied his vast learning, and his humanity in the treatment of those towards whom he was called upon to direct the powers and frowns of the law.

Resolved, That in regarding the deceased as an Author, Jurisprudence mourns one of her greatest sons, one of the greatest not only among those of his own age, but in the long succession of ages, whose fame has become a familiar word in all lands, where the law is taught as a science; whose works have been translated and commented on in several of the classical languages of the European continent; and have been revered as authorities throughout the civilized world. It was his rare lot, while yet alive, to receive, as from a distant posterity, the tribute of foreign nations to his exalted merit as a jurist.

Resolved, That we mourn his loss as a Teacher of Jurisprudence, who brought to the important duties of the professor's chair the most exuberant learning, the most unwea ried patience, a native delight in the great subjects which he expounded, a copious and persuasive eloquence, and a contagious enthusiasm, which filled his pupils with love for the law, and for the master who taught it so well; who illumined all his teachings by the loftiest morality, and never failed to show that whosoever aspired to the fame of a great lawyer must be also a good man.

Resolved, That we recall with gratitude and admiration, his character as a Man and a member of society. We have seen and felt the daily beauty of his life. We honor his memory for his domestic virtues, his warm affections and generous temper, the purity, elevation, and simplicity of his life and conversation, and the spontaneous sympathy which gave so cordial a charm to his looks, his tones, and his greetings. The approach of age never chilled the impulses of his heart, nor deadened his interest in life. We respect, too, his activity of mind, the literary attainments which his systematic industry enabled him to acquire, and the unaffected conscientiousness which made him so ready to assume, and so prompt to discharge the common duties of life.

Resolved, That the death of one so great as a Judge, as an Author, as a Teacher, and so good as a Man, is a loss which is irreparable to the Bar, to the country, and to mankind.

Resolved, That a committee of twelve be appointed by the Chair, to consider and determine the proper tribute of respect to the deceased, and to make the necessary arrangements for carrying the same into execution.

Resolved, That the Bar tender their heartfelt sympathy to the family of the deceased, and request permission to join in the funeral ceremonies.

Resolved, That the President of this meeting be requested to communicate a copy of these resolutions to the family of the deceased; and the attorney of the United States be requested to communicate the same to the Circuit Court of the United States, over which the deceased has so long presided, and ask to have them entered on the records of the Court.

Judge Davis then addressed the Chair:

It might be more discreet, he said, for him in his advanced years, to be seated among his professional friends, on this sad occasion, in silent sorrow; but there were circumstances which would excuse his attempt to accompany his approbation of the resolutions which had been offered, with some expressions prompted by the lamented death of a man so distinguished and so beloved as Judge Story. In this apartment his welcome voice was often heard, and heard with delighted attention. The winged words, were words of wisdom and truth. Here then shone the “gladsome light of Jurisprudence," where, within walls now, is substituted the dim light, may we not say the "dim religious light" of lamentation. Our excellent friend, who has offered the resolutions under consideration, has given us in distinct and just relief the distinguishing features in the life and character of Judge Story, which we all recognize to be as correct as they are impressive. With me there are special reasons for grateful recollections of the eminent Jurist, the loss of whom we with the whole community feelingly deplore. It was my lot to be associated with him in judicial services, for nearly the whole period of his official life. It was throughout, to me, a pleasant and most instructive portion of my life, and the recollection of its incidents, the genial influence of his happy temperament, and the ready expression of his varied and extensive learning, enriched and adorned by the felicitous action of his energetic mind, have been with me habitual themes of grateful recollection. It was said of a very distinguished man of Science in Scotland, Colin MacLaurin, who had done much in the field of the exact Sciences, a follower of the illustrious Newton, "He was taken from us when he was capable of doing much more, but he left an example which will long be admired and imitated,

until the revolution of human affairs puts an end to learning in these parts of the world, or the fickleness of men, and their satiety of the best things, have substituted some empty form of false science, and by the one or the other means we are brought back to our original state of barbarity."

We may say the same of the various well-digested, happily constructed performances of Judge Story, in the line of his profession. They are a treasure, a rich treasure for his country and of civilized man in every region, and will be gratefully admired and cherished, so long as the light and love of all good learning shall remain unextinguished.

With the mention of Colin MacLaurin, occurs the apt and instructive epitaph, written by his son on the monument which he had erected in memory of his revered father. "His Son erects this monument, not to perpetuate his Father's name, for it needs not such aid, but that in this vale of sorrow and solitude, mortals might receive consolation; for let them study his works, and be assured that the capacious mind from which proceed such conceptions survives the perishing body."

The original is in Latin, in better expression than the translation, which has been offered. In this assembly a quotation from that performance will not, it is presumed, be considered as improper or pedantic.

Hunc lapidem posuit filius,
Non ut nomini paterno consulat,
Nam tali auxilio nil eget,
Sed ut in hoc infelice campo,
Ubi luctus regnat et pavor,

Mortalibus prorsus non absit solatium,
Mentemque tantarum rerum capacem
Corpori caduco superstitem crede.

The remains of Judge Story will rest at Mount Auburn, with those of his distinguished classmate William Ellery Channing. With such thoughts let them be contemplated, as those happily applied to the memory of MacLaurin by his affectionate son.

The resolutions which have been offered, will, I trust, meet with cordial approbation, and I have only to ask leave to second the motion for their acceptance.

The resolutions were unanimously adopted; and the Chair appointed, on the Committee provided for by the seventh resolution, Judge Davis, Hon. Jeremiah Mason, Judge Putnam, Judge Jackson, Benjamin Rand, Judge Sprague, Charles G. Loring, Franklin Dexter, B. R. Curtis, Judge Warren, Charles Sumner, and Robert Rantoul, Jr.

Mr. Jeremiah Mason then introduced the following resolution, with a few appropriate remarks:

Resolved, That Mr. Webster be requested to pronounce a Discourse on the life and judicial character of the late Mr. Justice Story, at such time and place as shall be designated by the Committee of the Bar.

Judge Sprague spoke briefly in favor of the resolution, and seconded the motion for its passage. It was adopted.

Mr. Webster has not fulfilled this office.