We are struck next by the universality of his juridical attainments.

It was said by Dryden of a great lawyer in English history,--Heneage

Finch,--

"Our laws, that did a boundless ocean seem,

Were coasted all and fathomed all by him."

But the boundless ocean of that age was a "closed sea," compared with

that on which the adventurer embarks to-day. In Howell's Familiar

Letters there is a saying of only a few short years before, that

the books of the Common Law might all be carried in a wheelbarrow.

To coast such an ocean were a less task than a moiety of his labors

whom we now mourn. Called to administer all the different branches of

law, kept separate in England, he showed a mastery of all. His was

Universal Empire; and wherever he set his foot, in the various realms

of jurisprudence, it was as a sovereign,--whether in the ancient

and subtile learning of Real Law,--the Criminal Law,--the niceties

of Special Pleading,--the more refined doctrines of Contracts,--the

more rational system of Commercial and Maritime Law,--the peculiar

and interesting principles and practice of Admiralty and Prize,--the

immense range of Chancery,--the modern, but important, jurisdiction

over Patents,--or that higher region, the great themes of Public and

Constitutional Law. In each of these branches there are judgments

by him which will not yield in value to those of any other judge in

England or the United States, even though his studies and duties may

have been directed to only one particular department.

His judgments are remarkable for exhaustive treatment. The Common

Law, as every student knows to his cost, is found only in innumerable

"sand-grains" of authority. In his learned expositions not one of these

is overlooked, while all are combined with care, and the golden cord of

reason is woven across the ample tissue. There is in them, besides, a

clearness which flings over the subject a perfect day,--a severe logic,

which, by its closeness and precision, makes us feel the truth of the

saying of Leibnitz, that nothing approaches so near the certainty of

geometry as the reasoning of the law,--a careful attention to the

discussions at the bar, that nothing should be lost,--with a copious

and persuasive eloquence investing the whole. Many of his judgments

will be landmarks in the law: I know of no single judge who has set up

so many. I think it may be said, without fear of question, that the

Reports show a larger number of judicial opinions from Story, which

posterity will not willingly let die, than from any other judge in the

history of English or American law.

There is much of his character as a Judge which cannot be preserved,

except in the faithful memory of those whose happiness it was to enjoy

his judicial presence. I refer particularly to his mode of conducting

business. Even the passing stranger bore witness to his suavity of

manner on the bench, while all practitioners in the courts where

he presided so long attest the marvellous quickness with which he

seized habitually the points of a case, often anticipating the slower

movements of counsel, and leaping, or, I might almost say, flying, to

the proper conclusion. Napoleon's perception, at the head of an army,

was not more rapid. Nor can I forget the scrupulous care with which he

assigned reasons for every portion of his opinions, showing that it was

not _he_ who spoke with the voice of authority, but the _law_, whose

organ he was.

In the history of the English bench there are but two names with

combined eminence as Judge and Author,--Coke and Hale,--unless, indeed,

the "Ordinances in Chancery," from the Verulamian pen, should entitle

Lord Bacon to this distinction, and the judgments of Lord Brougham

should vindicate the same for him. Blackstone's character as judge is

lost in the fame of the Commentaries. To Story belongs this double

glory. Early in life he compiled an important professional work; but

it was only at a comparatively recent period, after his mind had

been disciplined by the labors of the bench, that he prepared those

elaborate Commentaries which have made his name a familiar word in

foreign countries. They who knew him best observed the lively interest

which he took in this extension of his renown. And most justly; for

the voice of distant foreign nations comes as from a living posterity.

His works have been reviewed with praise in the journals of England,

Scotland, Ireland, France, and Germany. They are cited as authorities

in all the Courts of Westminster Hall; and one of the ablest and most

learned jurists of the age, whose honorable career at the bar has

opened to him the peerage,--Lord Campbell,--in the course of debate in

the House of Lords, accorded to their author an exalted place, saying

that he "had a greater reputation as a legal writer than any author

England could boast since the days of Blackstone."[117]

[117] Hansard, LXVIII. 667.

To complete this hasty survey, I should allude to his excellences

as a Teacher of law, that other relation which he sustained to

jurisprudence. The numerous pupils reared at his feet, and now

scattered throughout the country, diffusing, in their different

circles, the light obtained at Cambridge, as they hear that their

beloved master has fallen, will each feel that he has lost a friend.

He had the faculty, rare as it is exquisite, of interesting the

young, and winning their affections. I have often seen him surrounded

by a group of youths,--the ancient Romans might have aptly called

it a _corona_,--all intent upon his earnest conversation, and

freely interrogating him on matters of interest. In his lectures,

and other forms of instruction, he was prodigal of explanation and

illustration; his manner, according to the classical image of Zeno,

was like the open palm, never like the clenched fist. His learning

was always overflowing, as from the horn of abundance. He was earnest

and unrelaxing in effort, patient and gentle, while he listened with

inspiring attention to all that the pupil said. Like Chaucer's Clerk,

"And gladly wolde he lerne, and gladly teche."

Above all, he was a living example of love for the law,--supposed by

many to be unlovely and repulsive,--which seemed to grow warmer under

the snows of accumulating winters; and such an example could not fail,

with magnetic power, to touch the hearts of the young. Nor should I

forget the lofty standard of professional morals which he inculcated,

filling his discourse with the charm of goodness. Under such auspices,

and those of his learned associate, Professor Greenleaf, large classes

of students, larger than any other in America, or in England, were

annually gathered in Cambridge. The Law School became the glory of the

University.

He 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 induced to append the

other title, "One of the Justices of the Supreme Court of the United

States." He looked forward with peculiar satisfaction 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 him in his three several relations to

jurisprudence. Great in each, 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 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 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 Racine, 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 good in our country, a sincere homage to the American

name. He has turned the stream refluent upon the ancient fountains

of Westminster Hall, and, stranger still, 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 Roman Law, and from the fresher currents of modern

Continental Law, a pure and grateful stream to enrich and fertilize our

domestic jurisprudence. In his judgments, his books, and his teachings,

he drew always from other systems to illustrate the Common Law.

The mind naturally seeks to compare him with 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 manner, and in silver-tongued

eloquence, he may compare with Lord Mansfield, while in depth,

accuracy, and variety of juridical learning he surpassed him far; if

he yields to Lord Stowell in elegance of diction, he exceeds even

his excellence in 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 perplexity of his

doubts. There are many who regard the judicial character of the late

Chief Justice Marshall as unapproachable. I revere his name, and have

read his judgments, which seem like "pure reason," with admiration and

gratitude; but I cannot disguise that even these noble memorials must

yield in juridical character, learning, acuteness, fervor, variety of

topics, 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,--Chancellor Kent,--whose judgments and works always

inspired the warmest eulogy of the departed, and whose character as a

jurist furnishes the fittest parallel to his own in the annals of our

law.

It seems idle 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, conduct, and character "every inch" the judge,--where pleaded

the consummate lawyer, Follett, 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

just Judge, the consummate Lawyer whom we lament.

It has been my fortune to know the chief jurists of our time, in the

classical countries of jurisprudence, France and Germany. I remember

well the pointed and effective style of Dupin, in one of his masterly

arguments before 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 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 pass 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 quiver, but where is one

to compare with that which is now spent in the earth?

The fame of the Jurist is enhanced by various attainments superinduced

upon 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. Many

passages from these have become commonplaces 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 the Poets" as "hard by the chair,"--with

Blackstone, whose "Farewell to his Muse" shows his fondness for poetic

pastures, even while his eye was directed to the heights of the

law,--and also with Mansfield, 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 matter, in expression brief,

Let every sentence stand with bold relief;

On trifling points nor time nor talents waste,

A sad offence 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 but 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 chatters 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 present, 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 its power too little or too much;

Give each strong thought its most attractive view,

In diction clear, and yet severely true;

And as the arguments 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 will 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 canvas or marble can

portray them? 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 a warmer glow of virtue, a more inspiring love

of knowledge, and 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 he enforced upon a youthful circle 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 ran his race on earth, without

jealousy, without envy,--nay, more, overflowing with appreciation and

praise of labors which compared humbly with his own. In conversation

he dwelt with fervor upon all the topics which interest man,--not only

upon law, but upon literature, history, human character, the affairs

of every day,--above all, upon the great duties of life, the relations

of men to each other, to 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 truer eloquence than when condemning, as I have

more than once heard him recently, that evil sentiment, "Our country,

_right or wrong_" which, in whatsoever form of language it may disguise

itself, assails the very foundations of justice and virtue.

He was 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 was in court, and delivered 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 fanned his cheeks. His words of familiar, household

greeting still linger in my ears, like an enchanted melody. The morning

sun saw him on the bed from which he never 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.

"Multis 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 the memory of his virtues. The scales of justice, which he so long

held, have fallen from his hand. 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, will no more distil their honeyed sweets. 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.

THE WRONG OF SLAVERY.

SPEECH AT A PUBLIC MEETING IN FANEUIL HALL, BOSTON, AGAINST THE

ADMISSION OF TEXAS AS A SLAVE STATE, NOVEMBER 4, 1845.

The officers of this meeting were Hon. Charles Francis Adams,

President; James M. Whiton, Charles G. Hovey, and William I.

Bowditch, Secretaries. The President made a speech on taking the

chair. He was followed by Hon. John G. Palfrey, Charles Sumner,

Wendell Phillips, Henry B. Stanton, George S. Hillard, Rev. William

H. Channing, and William Lloyd Garrison. The meeting was thus

sympathetically described by the _Liberator_:--

"Faneuil Hall next had a meeting, more worthy of its fame than

the one which was held in it on Tuesday evening last, to set the

ball in motion for another grand rally of the freemen of the North

against the admission of Texas into the Union as a Slave State.

The weather was extremely unpropitious,--the rain pouring down

violently, the thunder roaring, and the lightning blazing vividly

at intervals,--emblematic of the present moral and political

aspects of the country."

The _Daily Times_, a democratic paper of Boston, in its account of

the meeting made the severe storm play an important part. Here is

something of what it said:--

"The elements seemed determined not to sanction any such

traitor-like movement, and interposed every obstacle to its

success. It was proper that such a foul project should have foul

weather as an accompaniment. The night was dark, and so were the

designs contemplated." To oppose the extension of slavery was

traitor-like, foul, and dark.

The Resolutions adopted at the meeting were drawn by Mr. Sumner,

although introduced by another. They were the first political

resolutions ever drawn by him, as the speech which follows was

the first political speech ever made by him. The Resolutions,

while condemning slavery and denouncing the plan to secure

its predominance in the National Government, start with the

annunciation of _Equal Rights and the_ _Brotherhood of all

Men_, as set forth in the Declaration of Independence, which Mr.

Sumner always, from beginning to end, made the foundation of his

arguments, appeals, and aspirations.

* * * * *

"_Whereas_ the Government and Independence of the United States

are founded on the adamantine truth of _Equal Rights and the

Brotherhood of all Men_, declared on the 4th of July, 1776, a truth

receiving new and constant recognition in the progress of time, and

which is the great lesson from our country to the world, in support

of which the founders toiled and bled, and on account of which we,

their children, bless their memory,--

"_And whereas_ it is essential to our self-respect as a nation, and

to our fame in history, that this truth, declared by our fathers,

should not be impeached or violated by any fresh act of their

children,--

"_And whereas_ the scheme for the annexation of Texas as a Slave

State, begun in stealth and fraud, and carried on to confirm

Slavery and extend its bounds, in violation of the fundamental

principle of our institutions, is not consummated, and may yet

be arrested by the zealous and hearty co-operation of all who

sincerely love their country and the liberty of mankind,--

"_And whereas_ this scheme, if successful, involves the whole

country, Free States as well as slave-owners, in one of the two

greatest crimes a nation can commit, and threatens to involve them

in the other,--namely, Slavery and unjust War,--Slavery of the most

revolting character, and War to sustain Slavery,--

"_And whereas_ the State Constitution of Texas, which will soon

be submitted to Congress for adoption or rejection, expressly

prohibits the Legislature, except under conditions rendering

the exception practically void, from enacting any law for the

emancipation of slaves, and for the abolition of the slave-trade

between Texas and the United States, thereby reversing entirely the

natural and just tendency of our institutions towards Freedom,--

"_And whereas_ the slaveholders seek annexation for the purpose

of increasing the market of human flesh, and for extending and

perpetuating Slavery,--

"_And whereas_, by the triumph of this scheme, and by creating new

Slave States within the limits of Texas, the slaveholders seek to

control the political power of the majority of freemen represented

in the Congress of the Union:--

"_Therefore be it resolved_, in the name of God, of Christ, and

of Humanity, that we, belonging to all political parties, and

reserving all other reasons of objection, unite in protest against

the admission of Texas into this Union as a Slave State.

"_Resolved_, That the people of Massachusetts will continue to

resist the consummation of this wicked purpose, which will cover

the country with disgrace, and make us responsible for crimes of

gigantic magnitude.

"_Resolved_, That we have the fullest confidence that the Senators

and Representatives of Massachusetts in Congress will never consent

to the admission of Texas as a Slave State, but by voice and vote

will resist this fatal measure to the utmost at every stage.

"_And furthermore, whereas_ the Congress of the United States, by

assuming to connect this country with a foreign state, have already

involved the people of the Free States in great expenditure for the

protection of the usurped territory by force of arms on sea and

land,--

"_And whereas_ a still greater outlay may hereafter be incurred to

maintain by violence what is held by wrong:--

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