REPORT OF THE COMMITTEE OF OVERSEERS, FEBRUARY 7, 1850.

IN BOARD OF OVERSEERS, February 1, 1849.

_Voted_, That Hon. PELEG SPRAGUE, Hon. SIMON GREENLEAF, CHARLES

SUMNER, Esq., Hon. ALBERT H. NELSON, and PELEG W. CHANDLER, Esq.,

be a committee to visit the Law School during the ensuing year.

[Hon. WILLIAM KENT was afterwards substituted for Mr. GREENLEAF,

who declined.]

* * * * *

IN BOARD OF OVERSEERS, February 7, 1850.

_Ordered_, That the Report of the Committee appointed to visit the

Law School be printed.

Attest,

ALEXANDER YOUNG, _Secretary_.

* * * * *

The Committee appointed by the Overseers of Harvard University to visit

the Law School performed that service November 7, 1849. Among their

number present on the occasion was Hon. WILLIAM KENT, of New

York, who gratified his associates by coming a long distance to join in

this duty.

* * * * *

The attention of the Committee was first directed to the actual

condition of the School, and its advantages as a place of legal

education. Here there is occasion for lively satisfaction. The number

of students is one hundred, assembled from all parts of the Union, and

constituting a representation of the whole country. Their attendance

upon the lectures and other exercises, though entirely voluntary, is

full and regular; while their industry, good conduct, and intelligent

reception of instruction is a source of gratification to their

professors.

Lectures were given, during the current term, by Professor

PARKER, upon Equity Pleadings, Bailments, and Practice,--by

Professor PARSONS, upon Blackstone's Commentaries, Admiralty

Jurisdiction, Shipping, Bills and Notes,--and by Professor

ALLEN, upon Real Law and Domestic Relations. In treating most

of these branches, the professors employed text-books of acknowledged

authority, to which the attention of the students was especially

directed. They also examined the students in these books, and in

leading cases illustrating the subject.

This system, which, with substantial uniformity, has been continued

in the School since its earliest foundation, appears well adapted

to instruction in the law. It is essential that the student should

be directed to certain text-books, which he must study carefully,

devotedly. Nor can he properly omit to go behind these, and verify them

by the decided cases, letting no day pass without its fulfilled task.

In this way he is prepared for examination, and enabled to appreciate

the explanations and illustrations of the lecture-room, throwing light

upon the text, and showing its application to practical cases. The

labors of the student will qualify him to comprehend the labors of the

instructor. Still further, examinations in the text-books, accompanied

by explanations and illustrations, interest the student in the subject,

and bring his mind in contact with that of his instructor.

These same purposes are promoted by the favorite exercise of

moot-courts, held twice a week by the different professors in

succession. A case involving some unsettled question of law is

presented by four students, designated so long in advance as to allow

time for careful preparation; and at the close of the arguments an

opinion is pronounced by the presiding professor, commenting upon the

arguments on each side, and deciding between them. These occasions

are found to enlist the best attention, not only of those immediately

engaged, but of the whole School,--while some of the efforts they call

forth show distinguished research and ability. On this mimic field are

trained forensic powers destined to be the pride and ornament of the

bar.

The advantages for study afforded by the extensive library of the

Law School should not be forgotten. This is separate from the Public

Library of the University, and contains about fourteen thousand

volumes. Here are all the American Reports,--the Statutes of the United

States, as well as those of all the several States,--a regular series

of all the English Reports, including the Year-Books,--the English

Statutes,--the principal treatises on American and English law,--also

a large body of works in the Scotch, French, German, Dutch, Spanish,

Italian, and other foreign law,--and an ample collection of the

best editions of the Roman or Civil Law, with the works of the most

celebrated commentators upon that ancient text. This library is one

of the largest and most valuable, relating to law, in the country. As

an aid to study, it cannot be estimated too highly. Here the student

may range at will through all the demesnes of jurisprudence. Here he

may acquire knowledge of law-books, learning their true character and

value, which will be of incalculable service in his future labors.

Whoso knows how to use a library possesses the very keys of knowledge.

Next to knowing the law is knowing where to find it.

There is another advantage, of peculiar character, in the opportunity

of kindly and profitable social relations among the students, and also

between students and professors. Young men engaged in similar pursuits

are instructors to each other. The daily conversation concerns their

common studies, and contributes some new impulse. Mind meets mind,

and each derives strength from the contact. The professor is also

at hand. In the lecture-room, and also in private, he is ready for

counsel and help. The students are not alone. At every step they find

an assistant ready to conduct them through the devious and toilsome

passes, and to remove the difficulties which throng the way. This

twofold companionship of students with each other and with their

appointed teachers is full of good influence, not only in the cordial

intercourse it begets, but in the positive knowledge it diffuses, and

its stimulating effect upon the mind.

In dwelling on the advantages of the Law School as a seat of legal

education, the Committee therefore rank side by side with the lectures

and exercises of the professors the profitable opportunities afforded

by the library and the fellowship of persons engaged in the same

pursuits, all echoing to the heart of the pupil, as from the genius of

the place, constant words of succor, encouragement, and hope.

* * * * *

From the present prosperity of the School, the Committee are led to

look back at its early beginning, to observe its growth, and to

commemorate with gratitude its benefactors.

It hardly need be added, that a Law School was not embraced by our

forefathers in the original design of the College, and that it is a

late graft upon the ancient stock. The College was planted at a time

when law was not treated, even in England, as a part of academic

instruction. The first settlers could not be expected to establish

professorships unknown in the land from which they had parted; nor

did there appear in those early days, or for some time later, any

occasion for professional instruction. The law, as science, profession,

or practical instrument of government, was scarcely recognized.

Lawyers were not known as a class, nor was their business respected.

Thomas Lechford, of Clement's Inn, who emigrated not long after the

foundation of the College, hoping to gain a livelihood as attorney,

being cautioned at a quarter court "not to meddle with controversies,"

went back to England. As the Colony grew, it gradually laid hold of the

Common Law, and for some time before the Revolution claimed it as a

birthright.

The history of the University Library exposes the poverty of the

means for the study of the law in those early days. In its Catalogue,

published in 1723, we find but _seven_ volumes of Common Law. These

are Spelman's Glossary, Pulton's Collection of Statutes, Keble's

Statutes, Coke's First and Second Institutes, and two odd volumes of

the Year-Books. Such were the means for the study of our law afforded

by the public library, which Cotton Mather, sometime before the

publication of this catalogue, described as "the best furnished that

could be shown anywhere in all the American regions." Since books are

the instruments of learning, it follows, if these were wanting, that

the study of the law could make little advance. Happily this is now

changed.

The first professorship of law in the University was established

in 1815, upon a foundation partly supplied by an ancient devise of

ISAAC ROYALL, Esq.,--a munificent gentleman of ample fortune,

who, being connected by blood and marriage, as well as by political

opinions, with the principal royalists of Massachusetts, forsook the

country with them at the commencement of the Revolution, and died at

Kensington, in England, in October, 1781. Though an exile, he did

not forget the land he had left. Thither before death his "heart

untravelled fondly turned." By his will, recorded at the Probate

Office in Boston, he devised to Medford, in Massachusetts, where he

had resided, certain lands in Granby, for the support of schools. The

residue of his estate in that town, and other lands in the County of

Worcester, he devised to the Overseers and Corporation of Harvard

College, "to be appropriated towards the endowing _a Professor of Laws

in the said College_, or a Professor of Physic and Anatomy, whichever

the said Overseers and Corporation shall judge to be best for the

benefit of the said College." The capital, with its accumulation, from

the property thus devised, is $7,943, yielding an annual income of

about four hundred dollars. It is believed that the University and the

lovers of the law are indebted to the late Hon. JOHN LOWELL,

while a member of the Corporation, for calling these funds--yet

unappropriated to either object of the devise--from their sleep in

the treasury, by procuring the establishment of a professorship of

law, which was ordered, for the present, to bear the name of _Royall_,

in honor of him whose will in this regard was now first executed.

This was in 1815. The residue of the funds for its support have

been supplied by the University, mainly from fees paid by students

of law. The Hon. ISAAC PARKER, late Chief Justice of this

Commonwealth, was the first professor.

In 1817 the Hon. ASAHEL STEARNS was placed upon another

foundation, established by the University. The statutes of this

professorship required him to open and keep a school in Cambridge for

the instruction of graduates and of others prosecuting the study of the

law. Besides prescribing to his pupils a course of study, it was made

his duty to examine and confer with them upon their studies, to read to

them a course of lectures, and generally to act the part of tutor, so

as to improve their minds and assist their acquisitions. From this time

may be dated the establishment of the Law School in the University.

Chief-Justice Parker never resided at Cambridge, but, in the

performance of his duties as professor, every summer read lectures to

the Law School and the senior class of undergraduates. These were of an

elementary nature, adapted to youthful minds,--the audience being for

the most part undergraduates,--and were characterized by that free and

flowing style which marks the judicial opinions of this eminent Judge.

They comprised a view of the Constitutions of the United States and of

Massachusetts, with the early juridical history of New England, and the

origin of its laws and institutions. Professor Stearns, who resided in

Cambridge, was occupied immediately with the duties of instruction. He

was accustomed to hear recitations in the more important text-books, to

preside in moot-courts, and to read lectures on interesting titles of

law. His valuable work on Real Actions, so well known to lawyers, was

prepared in the discharge of his duties as professor, and read to his

pupils in a course of lectures. The first edition was dedicated by the

author "To the Law Students of Harvard University, as a testimony of

his earnest desire to aid them in the honorable and laborious study of

American jurisprudence."

The number of students at this period was small. From 1817 to 1829 the

largest class for any single year was eighteen, and the average annual

number was not more than thirteen. The first important step, however,

was taken. Law was admitted within the circle of University studies,

while, by the learning and reputation of its professors, the cause of

legal education was commended, and the idea of a Law School was shown

to be practicable.

On the resignation of Chief-Justice Parker and Professor Stearns a

new epoch in the history of the School began. The Hon. NATHAN

DANE, in 1829, emulating the example of Viner in England, applied

the profits of his extensive Abridgment and Digest of American Law to

the foundation of a new professorship, still called from his name; and

at his request, the late JOSEPH STORY, then a resident of

Salem, and an Associate Justice of the Supreme Court, was appointed

the first professor. In his communication to the University, making

this endowment, the venerable founder marked out the proposed duties

as follows: "It shall be the duty of the professor to prepare and

deliver, and to revise for publication, a course of lectures on the

five following branches of law and equity, equally in force in all

parts of our Federal Republic, namely, the Law of Nature, the Law of

Nations, Commercial and Maritime Law, Federal Law, and Federal Equity,

in such wide extent as the same branches now are, and from time to time

shall be, administered in the Courts of the United States, but in such

compressed form as the professor shall deem proper, and so to prepare,

deliver, and revise lectures thereon as often as the said Corporation

shall think proper." The original endowment by Mr. Dane was $10,000,

to which on his death was added $5,000, making the sum-total $15,000.

Mr. Justice Story removed to Cambridge in 1829, commencing his new

career as Dane Professor of Law with an inaugural discourse, where

the honorable nature of legal studies, the arduous labors required in

their pursuit, and the duties upon which he was entering, were reviewed

with singular power and beauty. At the same time, JOHN HOOKER

ASHMUN, Esq., a lawyer of remarkable acuteness and maturity,

who, though young, had shown already the capacity of a jurist, was

associated with him as Royall Professor of Law.

From the exertions of the new professors the Law School received

fresh impulse. The number of students increased, and the fame of the

institution was extended. Professor Story, though much absent in the

discharge of his judicial duties, yet found time for active part in

teaching. He presided in moot-courts and lecture-rooms, and, by earnest

encouragement and profuse instruction, not less than by illustrious

example, raised the classes to unwonted ardor. He continued in this

sphere, giving and receiving happiness, for a period of sixteen years,

when, as age advanced, desiring to lay down some of his cares, he

proposed to resign his seat on the bench, and dedicate the remainder of

his days to his professorship. As he was about to make this change he

was arrested by death, September 10, 1845.

Professor Ashmun had already fallen by his side, much regretted, at

the early age of thirty-three. Besides moot-courts, examinations in

text-books, and oral expositions of the law, this learned teacher

occasionally read written lectures. Among these was a valuable course

on Medical Jurisprudence, Equity, and the Action of Assumpsit.

His place was supplied in 1833 by an eminent jurist, SIMON

GREENLEAF, Esq., who labored for a long period with rare success,

beloved by a large circle of grateful pupils, and by his associates in

instruction, till 1848, when he was compelled by ill-health to resign

his connection with the Law School. Among his distinguished labors,

in the discharge of his duties as professor, is a work on the Law of

Evidence, which is now a manual in the courts of our country, and one

of the classics of the Common Law.

On the death of Professor Story, Professor Greenleaf was made Dane

Professor. Hon. WILLIAM KENT, of New York, occupied for a

year the place of Royall Professor, when he felt constrained, by

circumstances beyond his control, to leave Cambridge. Since then Hon.

THEOPHILUS PARSONS has been Dane Professor, and Hon. JOEL

PARKER, late Chief Justice of New Hampshire, Royall Professor.

Hon. FRANKLIN DEXTER has lectured for a brief period on the

Constitution of the United States and the Law of Nations, and Hon.

LUTHER S. CUSHING on Parliamentary Law and Criminal Law.

Hon. FREDERICK H. ALLEN, late a judge in Maine, at present

University Professor, without any permanent foundation, is coöperating

with Professor Parsons and Professor Parker in the general duties of

instruction.

In reviewing the history of the School, the Committee, while gratefully

remembering all its instructors, are impressed by the long and

important labors of STORY. In the meridian of his fame as

judge, he became a practical teacher of jurisprudence, and lent to the

University the lustre of his name. Through him the Dane Professorship

has acquired a renown placing it on the same elevation with the

Vinerian Professorship at Oxford, to which we are indebted for the

Commentaries of Sir William Blackstone. These "twin stars," each in its

own hemisphere, shine rival glories. Nor is this the only parallel;

for Viner, like our Dane, endowed the professorship which bears his

name from the profits of his immense Abridgment of the Law. In the

performance of his duties, Professor Story prepared and published

the most important series of juridical works which has latterly

appeared in the English language, embracing a comprehensive treatise

on the Constitution of the United States, a masterly exposition of

that portion of International Law known as the Conflict of Laws, and

Commentaries on Equity Jurisprudence, Equity Pleading, and various

branches of Commercial Law.

The extent of his labors, and their influence in building up the

School, appear in an interesting passage of 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 these 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 years,[52] 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 donations. 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."

[52] His will being dated three years before his death.

From the books of the Treasurer it appears that the sums received

from students in the Law School during the sixteen years of his

professorship amounted to $105,000. Of this amount, only $47,800 was

disbursed in salaries and current expenses. The balance, amounting to

$57,200, is represented by the following items, namely:--

Books purchased for the Library and for students, including

about $1,950 for binding, and deducting amount received for

books sold $29,000

Enlargement of the Hall, containing the library and

lecture-rooms, in 1844-45 12,700

Fund remaining to the credit of the School in August, 1845

15,500

-------

$57,200

Thus the Law School, at the time of Professor Story's death, actually

possessed, independent of the somewhat scanty donations by Mr. Royall

and Mr. Dane, funds and other property, including a large library and

a commodious edifice, amounting to upwards of _fifty-seven thousand

dollars_, all earned during Professor Story's term of service. As

during this period he declined a larger annual salary than $1,000,

and as his high character and the attraction of his name contributed

to swell the income of the School, it is evident that a considerable

portion of this large sum may justly be regarded as the fruit of his

bountiful labors contributed to the University.

The Committee, while calling attention to the extent of pecuniary

benefaction which the Law School has received from Professor Story,

feel it a duty to urge upon the Government of the University the

recognition of this benefaction in some suitable form. The name of

Royall, given to one of the professorships, keeps alive the memory of

his early generosity. The name of Dane, given to the professorship

on which Story taught, and sometimes also to the edifice containing

the library and lecture-rooms, and then to the Law School itself,

attests, with triple academic voice, a well-rewarded donation. But

the contributions of Royall and Dane combined, important as they

were, and justly worthy of honorable mention, do not equal what was

contributed by Story. At the present moment Story must be regarded

as the largest pecuniary benefactor of the Law School, and one of

the largest pecuniary benefactors of the University. In this respect

he stands before Hollis, Alford, Boylston, Hersey, Bowdoin, Erving,

Eliot, Smith, M'Lean, Perkins, and Fisher. His contributions have this

additional peculiarity, that they were munificently afforded from daily

earnings,--not after death, but during life; so that he became, as

it were, the executor of his own will. In justice to the dead, as an

example to the living, and in conformity with established usage, the

University should enroll his name among its founders, and in some fit

manner inscribe it upon the school which he helped to rear.

Three different courses occur to the Committee. The edifice containing

the library and lecture-rooms may be called after him, _Story Hall_. Or

the branch of the University devoted to law may be called _Story Law

School_, as the other branch of the University devoted to science, in

gratitude to a distinguished benefactor, is called _Lawrence Scientific

School_. Or a new and permanent professorship in the Law School may be

created, with his name.

If the last suggestion should find favor, the Committee recommend

that the professorship be of _Commercial Law and the Law of Nations_.

It is well known to have been the desire of Professor Story, often

expressed, in view of the increasing means of the Law School, and the

corresponding demands for education in the law, that professorships

of both these branches should be established. In his opinion that of

Commercial Law was most needed. His own preëminence in this department

appears in his works, and especially in numerous judicial opinions. His

interest in it was attested in conversation with one of this Committee

only a few days before his death. Hearing that it was proposed by

merchants of Boston, on his resignation of the judicial seat he had

held for nearly thirty-four years, to cause his statue in marble to be

erected, he said: "If Boston merchants wish to do me honor in any way,

on my leaving the bench, let it not be by a statue, but by founding in

the Law School a professorship of Commercial Law." With these generous

words he embraced at once his favorite law and his favorite University.

The subject of Commercial Law is of great and growing importance in

the multiplying relations of mankind. Every new tie of commerce gives

new occasion for its application. Besides the general principles of

the Law of Contracts, it comprehends the Law of Bailments, Agency,

Partnership, Bills of Exchange and Promissory Notes, Shipping, and

Insurance,--branches of inexpressible interest to lawyers, merchants,

and indeed to every citizen. The main features of this law are common

to all commercial nations; they are recognized with substantial

uniformity, whether at Boston, London, or Calcutta, at Hamburg,

Marseilles, or Leghorn. In this respect they may be regarded as part of

the _Private_ Law of Nations. They would be associated naturally with

the Public Law of Nations,--embracing, of course, the Law of Admiralty,

and that other branch, which it is hoped will remain forever a dead

letter, the Law of Prize.

The Committee believe that all who become acquainted with this

statement will agree that something should be done to commemorate the

obligations of the University to one of its most eminent professors and

largest pecuniary benefactors. They have ventured suggestions as to

the manner in which this may be accomplished, not with any particular

confidence in their own views, but simply as a mode of opening the

subject, and bringing it to attention. In dwelling on the propriety

of a new and permanent professorship, they would not be understood as

expressing a preference for this form of acknowledgment. It may be a

question, whether the services of Professor Story, important in every

respect, shedding upon the Law School a lasting fame, and securing to

it pecuniary competence, an extensive library, and a commodious hall,

can be commemorated with more appropriate academic honors than by

giving his name to that department in the University of which he was

the truest founder. The world, anticipating all formal action of the

University, has already placed the Law School under the guardianship of

his name. It is by the name of STORY that this seat of legal

education has become known wherever jurisprudence is cultivated as a

science.

For the Committee.

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