In commending classical studies it would be difficult to say that he

attached to them undue importance. By his own example he showed that

he bore them no exclusive love. He regarded them as an essential part

of liberal education, opening the way to other realms of knowledge,

while they mature the taste and invigorate the understanding. Here

probably all will concur. It may be questioned, whether, in our hurried

American life, it is possible, with proper regard for other studies,

to introduce into ordinary classical education the exquisite skill

which is the pride of English scholarship, reminding us of the minute

finish in Chinese art,--or the ponderous and elaborate learning which

is the wonder of Germany, reminding us of the unnatural perspective in

a Chinese picture. But much will be done, if we establish those habits

of accuracy, acquired only through early and careful training, which

enable us at least to appreciate the severe beauty of antiquity, while

they become an invaluable standard and measure of attainment in other

things.

The classics possess a peculiar charm, as models, I might say masters,

of composition and form. In the contemplation of these august teachers

we are filled with conflicting emotions. They are the early voice of

the world, better remembered and more cherished than any intermediate

voice,--as the language of childhood still haunts us, when the

utterances of later years are effaced from the mind. But they show the

rudeness of the world's childhood, before passion yielded to the sway

of reason and the affections. They want purity, righteousness, and

that highest charm which is found in love to God and man. Not in the

frigid philosophy of the Porch and the Academy are we to seek these;

not in the marvellous teachings of Socrates, as they come mended by the

mellifluous words of Plato; not in the resounding line of Homer, on

whose inspiring tale of blood Alexander pillowed his head; not in the

animated strain of Pindar, where virtue is pictured in the successful

strife of an athlete at the Olympian games; not in the torrent of

Demosthenes, dark with self-love and the spirit of vengeance; not in

the fitful philosophy and boastful eloquence of Tully; not in the

genial libertinism of Horace, or the stately atheism of Lucretius. To

these we give admiration; but they cannot be our highest teachers. In

none of these is the way of life. For eighteen hundred years the spirit

of these classics has been in constant contention with the Sermon on

the Mount, and with those two sublime commandments on which "hang all

the law and the prophets."[161] The strife is still pending, and who

shall say when it will end? Heathenism, which possessed itself of

such Siren forms, is not yet exorcised. Even now it exerts a powerful

sway, imbuing youth, coloring the thought of manhood, and haunting the

meditation of age. Widening still in sphere, it embraces nations as

well as individuals, until it seems to sit supreme.

[161] Terence, taught, perhaps, by his own bitter experience as slave,

has given expression to truth almost Christian, when he says,--

"Homo sum, humani nihil a me alienum puto."

_Heauton._, Act I. Sc. 1.

And in the _Andria_,--

"Facile omnes perferre ac pati, Cum quibus erat cunque una: iis sese

dedere: Eorum obsequi studiis: advorsus nemini: Nunquam præponens se

illis." Act I. Sc. 1.

Our own productions, though yielding to the ancient in arrangement,

method, beauty of form, and freshness of illustration, are superior

in truth, delicacy, and elevation of sentiment,--above all, in the

recognition of that peculiar revelation, the Brotherhood of Man. Vain

are eloquence and poetry, compared with this heaven-descended truth.

Put in one scale that simple utterance, and in the other all the lore

of antiquity, with its accumulating glosses and commentaries, and the

latter will be light in the balance. Greek poetry has been likened to

the song of the nightingale, as she sits in the rich, symmetrical crown

of the palm-tree, trilling her thick-warbled notes; but these notes

will not compare in sweetness with those teachings of charity which

belong to our Christian inheritance.

These things cannot be forgotten by the scholar. From the Past he may

draw all it can contribute to the great end of life, human progress

and happiness,--progress, without which happiness is vain. But he must

close his soul to the hardening influence of that spirit, which is more

to be dreaded, as it is enshrined in compositions of such commanding

authority.

"Sunk in Homer's mine,

I lose my precious years, now soon to fail,

Handling his gold; which, howsoe'er it shine,

Proves dross, when balanced in the Christian scale."[162]

[162] Cowper, Sonnet to John Johnson: Minor Poems.

In the department of _philology_, kindred to that of the classics,

our Scholar labored with similar success. Unlike Sir William Jones

in genius, he was like this English scholar in the multitude of

languages he embraced. Distance of time and space was forgotten, as

he explored the far-off primeval Sanscrit,--the hieroglyphics of

Egypt, now awakening from the mute repose of centuries,--the polite

and learned tongues of ancient and modern Europe,--the languages of

Mohammedanism,--the various dialects in the forests of North America,

and in the sandal-groves of the Pacific,--only closing with a _lingua

franca_ from an unlettered tribe on the coast of Africa, to which his

attention was called during the illness which ended in death.

This recital exhibits the variety and extent of his studies in a

department which is supposed inaccessible, except to peculiar and

Herculean labors. He had a natural and intuitive perception of

affinities in language, and of its hidden relations. His researches

have thrown important light on the general principles of this science,

as also on the history and character of individual languages. In

devising an alphabet of the Indian tongues in North America, since

adopted in the Polynesian Islands, he rendered a brilliant service to

civilization. It is pleasant to contemplate the Scholar sending forth

from his seclusion this priceless instrument of improvement. On the

distant islands once moistened by the blood of Cook newspapers and

books are printed in a native language, which was reduced to a written

character by the care and genius of Pickering. The Vocabulary of

Americanisms and the Greek and English Lexicon attest still further the

variety and value of his philological labors; nor can we sufficiently

admire the facility with which, amidst the duties of an arduous

profession and the temptations of scholarship, he assumed the appalling

task of the lexicographer, which Scaliger compares to the labors of the

anvil and the mine.

There are critics, ignorant, hasty, or supercilious, who are too apt

to disparage the toils of the philologist, treating them sometimes

as curious only, sometimes as trivial, or, when they enter into

lexicography, as those of a harmless drudge. It might be sufficient

to reply, that all exercise of the intellect promoting forgetfulness

of self and the love of science ministers essentially to human

improvement. But philology may claim other suffrages. It is its

province to aid in determining the character of words, their extraction

and signification, and in other ways to guide and explain the use

of language; nor is it generous, while enjoying eloquence, poetry,

science, and the many charms of literature, to withhold our gratitude

from silent and sometimes obscure labors in illustration of that great

instrument without which all the rest is nothing.

The science of Comparative Philology, which our Scholar has

illustrated, may rank with shining pursuits. It challenges a place

by the side of that science which received such development from

the genius of Cuvier. The study of Comparative Anatomy has thrown

unexpected light on the physical history of the animate creation; but

it cannot be less interesting or important to explore the unwritten

history of the human race in languages that have been spoken, to trace

their pedigree, to detect their affinities,--seeking the prevailing law

by which they are governed. As we comprehend these things, confusion

and discord retreat, the Fraternity of Man stands confessed, and the

philologist becomes a minister at the altar of universal philanthropy.

In the study of the Past, he learns to anticipate the Future; and in

sublime vision he sees, with Leibnitz, that Unity of the Human Race

which, in the succession of ages, will find its expression in an

instrument more marvellous than the infinite Calculus,--a universal

language, with an alphabet of human thoughts.[163]

[163] Fontenelle, Éloge de Leibnitz: OEuvres, Tom. V. p. 493.

Leibnitz, Opera, ed. Dutens, Vol. V. p. 7.

As the sun draws moisture from rill, stream, lake, and ocean, to be

returned in fertilizing shower upon the earth, so did our Scholar

derive knowledge from all sources, to be diffused in beneficent

influence upon the world. He sought it not in study only, but in

converse with men, and in experience of life. His curious essay on the

Pronunciation of the Ancient Greek Language was suggested by listening

to Greek sailors, whom the temptations of commerce had conducted to our

shores from their historic sea.

Such a character--devoted to works of wide and enduring interest, not

restricted to international lines--awakened respect and honor wherever

learning was cultivated. His name was associated with illustrious

fraternities of science in foreign nations, while scholars who could

not know him face to face, by an amiable commerce of letters sought the

aid and sympathy of his learning. His death has broken these living

links of fellowship; but his name, that cannot die, will continue to

bind all who love knowledge and virtue to the land which was blessed by

his presence.

* * * * *

From the Scholar I pass to THE JURIST. JOSEPH STORY died in the month

of September, 1845, aged sixty-six. His countenance, familiar in this

presence, was always so beaming with goodness and kindness that its

withdrawal seems to lessen sensibly the brightness of the scene.

We are assembled near the seat of his favorite pursuits, among the

neighbors intimate with his private virtues, close by the home hallowed

by his domestic altar. These paths he often trod; and all that our eyes

here look upon seems to reflect his genial smile. His twofold official

relations with the University, his high judicial station, his higher

character as Jurist, invest his name with a peculiar interest, while

the unconscious kindness which he showed to all, especially the young,

touches the heart, making us rise up and call him blessed. How fondly

would the youth nurtured in jurisprudence at his feet--were such an

offering, Alcestis-like, within the allotments of Providence--have

prolonged their beloved master's days at the expense of their own!

The University, by the voice of his learned associate, has already

rendered tribute to his name. The tribunals of justice throughout the

country have given utterance to their solemn grief, and the funeral

torch has passed across the sea into foreign lands.

He has been heard to confess that literature was his earliest passion,

which yielded only to a sterner summons beckoning to professional

life; and they who knew him best cannot forget that he continued to

the last fond of poetry and polite letters, and would often turn from

Themis to the Muses. Nor can it be doubted that this feature, which

marks the resemblance to Selden, Somers, Mansfield, and Blackstone, in

England, and to L'Hôpital and D'Aguesseau, in France, has added to the

brilliancy and perfection of his character as a jurist. In the history

of jurisprudence it would not be easy to mention a single person

winning its highest palm who was not a scholar also.

The first hardships incident to study of the law, which perplexed

the youthful spirit of the learned Spelman, beset our Jurist with

disheartening force. Let the young remember his trial and his triumph,

and be of good cheer. According to the custom of his day, while

yet a student in the town of Marblehead, he undertook to read Coke

on Littleton, in the large folio edition, thatched over with those

manifold annotations which cause the best-trained lawyer to "gasp and

stare." Striving to force his way through the black-letter page, he was

filled with despair. It was but a moment. The tears poured from his

eyes upon the open book. Those tears were his precious baptism into the

learning of the law. From that time forth he persevered, with ardor and

confidence, from triumph to triumph.

He was elevated to the bench of the Supreme Court of the United States,

by the side of Marshall, at the early age of thirty-two. At the same

early age Buller--reputed the ablest judge of Westminster Hall, in the

list of those who never arrived at the honors of Chief Justice--was

induced to renounce an income larger than the salary of a judge, to

take a seat by the side of Mansfield. The parallel continues. During

the remainder of Mansfield's career on the bench, Buller was the

friend and associate upon whom he chiefly leaned; and history records

the darling desire of the venerable Chief Justice that his faithful

assistant should succeed to his seat and chain of office; but these

wishes, the hopes of the profession, and his own continued labors

were disregarded by a minister who seldom rewarded any but political

services,--I mean Mr. Pitt. Our brother, like Buller, was the friend

and associate of a venerable chief justice, by whose side he sat for

many years; nor do I state any fact which I should not for the sake of

history, when I add, that it was the long-cherished desire of Marshall

that Story should be his successor. It was ordered otherwise; and he

continued a judge of the Supreme Court for the space of thirty-four

years,--a judicial life of almost unexampled length in the history of

the Common Law, and of precisely the same duration with the illustrious

magistracy of D'Aguesseau in France.

As judge, he was called to administer a most extensive jurisdiction,

embracing matters which in England are so variously distributed that

they never come before any one court; and in each department he has

shown himself second to none other, unless we unite with him in

deferring to Marshall as the greatest expounder of a branch peculiar

to ourselves, Constitutional Law. Nor will it be easy to mention any

other judge who has left behind so large a number of judgments which

belong to the first class in the literature of the law. Some excel in

a special branch, to which their learning and labor are directed. He

excelled in all. At home in the feudal niceties of Real Law, with its

dependencies of descents, remainders, and executory devises,--also in

the ancient hair-splitting technicalities of Special Pleading,--both

creatures of an illiterate age, gloomy with black-letter and verbal

subtilties,--he was most skilful in using and expounding the rules

of Evidence, the product of a more refined period of juridical

history,--was master of the common law of Contracts, and of Commercial

Law in its wide expanse, embracing so large a part of those topics

which concern the business of our age,--was familiar with Criminal Law,

which he administered with the learning of a judge and the tenderness

of a parent,--had compassed the whole circle of Chancery in its

jurisdiction and its pleadings, touching all the interests of life, and

subtilely adapting the Common Law to our own age; and he ascended with

ease to those less trodden heights where are extended the rich demesnes

of Admiralty, the Law of Prize, and that comprehensive theme, embracing

all that history, philosophy, learning, literature, human experience,

and Christianity have testified,--the Law of Nations.

It was not as judge only that he served. He sought other means of

illustrating the science of the law which he loved so well, and

to the cares of judicial life superadded the labors of author and

teacher. To this he was moved by passion for the law, by desire to

aid its elucidation, and by the irrepressible instinct of his nature,

which found in incessant activity the truest repose. His was that

constitution of mind where occupation is the normal state. He was

possessed by a genius for labor. Others may moil in law as constantly,

but without his loving, successful study. What he undertook he always

did with heart, soul, and mind,--not with reluctant, vain compliance,

but with his entire nature bent to the task. As in social life, so was

he in study: his heart embraced labor, as his hand grasped the hand of

friend.

As teacher, he should be gratefully remembered here. He was Dane

Professor of Law in the University. By the attraction of his name

students were drawn from remote parts of the Union, and the Law School,

which had been a sickly branch, became the golden mistletoe of our

ancient oak.[164] Besides learning unsurpassed in his profession, he

brought other qualities not less important in a teacher,--goodness,

benevolence, and a willingness to teach. Only a good man can be a

teacher, only a benevolent man, only a man willing to teach. He was

filled with a desire to teach. He sought to mingle his mind with

that of his pupil. To pour into the souls of the young, as into

celestial urns, the fruitful waters of knowledge, was to him a blessed

office. The kindly enthusiasm of his nature found a response. Law,

sometimes supposed to be harsh and crabbed, became inviting under

his instructions. Its great principles, drawn from experience and

reflection, from the rules of right and wrong, from the unsounded

depths of Christian truth, illustrated by the learning of sages and

the judgments of courts, he unfolded so as to inspire a love for their

study,--well knowing that the knowledge we impart is trivial, compared

with that awakening of the soul under the influence of which the

pupil himself becomes teacher. All of knowledge we can communicate is

finite; a few pages, a few chapters, a few volumes, will embrace it;

but such an influence is of incalculable power. It is the breath of a

new life; it is another soul. Story taught as priest of the law seeking

to consecrate other priests. In him the spirit spake, not with the

voice of earthly calling, but with the gentleness and self-forgetful

earnestness of one pleading in behalf of justice, knowledge, happiness.

His well-loved pupils hung upon his lips, and, as they left his

presence, confessed new reverence for virtue, and warmer love of

knowledge for its own sake.

[164]

"Talis erat species auri frondentis opaca Ilice."

_Æneis_, VI. 208.

The spirit which glowed in his teachings filled his life. He was, in

the truest sense, Jurist,--student and expounder of jurisprudence as

a science,--not merely lawyer or judge, pursuing it as an art. This

distinction, though readily perceived, is not always regarded.

Members of the profession, whether on the bench or at the bar, seldom

send their regard beyond the case directly before them. The lawyer is

generally content with the applause of the court-house, the approbation

of clients, "fat contentions, and flowing fees." Infrequently does he

render voluntary service felt beyond the limited circle in which he

moves, or helping forward the landmarks of justice. The judge, in the

discharge of his duty, applies the law to the case before him. He may

do this discreetly, honorably, justly, benignly, in such wise that the

community who looked to him for justice shall pronounce his name with

gratitude,--

"That his bones,

When he has run his course and sleeps in blessings,

May have a tomb of orphans' tears wept on 'em."

But the function of lawyer or judge, both _practising_ law, is unlike

that of the jurist, who, whether judge or lawyer, examines every

principle in the light of science, and, while doing justice, seeks

to widen and confirm the means of justice hereafter. All ages have

abounded in lawyers and judges; there is no church-yard that does not

contain their forgotten dust. But the jurist is rare. The judge passes

the sentence of the law upon the prisoner at the bar face to face; but

the jurist, invisible to mortal sight, yet speaks, as was said of the

Roman Law, swaying by the reason, when he has ceased to govern by the

living voice. Such a character does not live for the present only,

whether in time or place. Ascending above its temptations, yielding

neither to the love of gain nor to the seduction of ephemeral praise,

he perseveres in those serene labors which help to build the mighty

dome of justice, beneath which all men are to seek shelter and peace.

It is not uncommon to hear the complaint of lawyers and judges, as they

liken themselves, in short-lived fame, to the well-graced actor, of

whom only uncertain traces remain when his voice has ceased to charm.

But they labor for the present only. How can they hope to be remembered

beyond the present? They are instruments of a temporary and perishable

purpose. How can they hope for more than they render? They do nothing

for all. How can they think to be remembered beyond the operation

of their labors? So far forth, in time or place, as any beneficent

influence is felt, so far will its author be gratefully commemorated.

Happy may he be, if he has done aught to connect his name with the

enduring principles of justice!

In the world's history, lawgivers are among the greatest and most

godlike characters. They are reformers of nations. They are builders

of human society. They are fit companions of the master poets who fill

it with their melody. Man will never forget Homer, Virgil, Dante,

Shakespeare, Milton, Goethe,--nor those other names of creative force,

Minos, Solon, Lycurgus, Numa, Justinian, St. Louis, Napoleon the

legislator. Each is too closely linked with human progress not to be

always remembered.

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