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His manner to the jury was earnest and It is the disgrace of our country that its spirited; he managed his causes with tact judicial officers are the most poorly paid of (that great acquirement of the successful all professions and pursuits. And in every lawyer : being, as a distinguished barrister section of the Union, that distinguished lawnow dead and gone said to Dr. Hosack, the yer who accepts a seat upon the bench, must same sheet anchor to the advocate which mer- | hold the glories of his honor at a very high cury or bark is to the physician), was ready price, to surrender his ordinary professional in attack or defence, and possessed great elo- emoluments for the wretched pittance which quence of expression. As an advocate he the various States dole out for days of public showed a sagacity of perception which no in- toil and nights of private study. We desire tricacy of detail could blind, no suddenness to look no further than this Empire State for of attack confuse, and which afterwards so examples. This Empire State, with its magdistinguished him as a Judge. He was thrown nificent resources and proudly developing among the leading lawyers; and undaunted energies, should be the last to unite in adas all young lawyers should be (although pre- judging its judicial officers to the labors of serving their modesty of deportment and learn- galley slaves, and to then pay them by the ing), he measured swords with the most accom- year less than a ballet-dancer receives by plished. Although sometimes vanquished, he the month in all its principal cities. Two always received honors from even the victors. thousand five hundred dollars per year is the
It is a prevailing opinion with the junior astounding sum wbich this same Empire members of the legal profession, that their State pays to its highest judicial officers. " If seniors delight in snubbing them; that they we reverse the saying of Walpole, and read are fond of being discourteous, and arrogant; "erery price has its man," we may not wonthat they are envious of some and insulting der if Dogberries and grandmothers are occato others. But it is rare indeed that the sen- sionally found upon the bench; dispensing iors err on other ground in this respect than their honest but destructive platitudes, and magnanimity. The industrious youngster, their Molaprop constructions of commercial the self-reliant youngster, the firm but re- law, to juries of astounded merchants. spectful youngster, the versed in elementary From the arena of State politics, Mr. Story principles ainong youngsters, are always re- next changed his position to the temple of ceived with open arms. Law begets law. If national discussions at Washington. His cathe junior commences a suit a senior may an- reer in Congress was, however, limited to one swer it: and the reverse. The parson and session, and to a vacancy-seat occasioned by the doctor are in perpetual interference with a death. He declined re-election; for in the the neighbors and brethren of their particu- words of his autobiographical account of this lar calling. But lawyers, like bees in the portion of his career, he bad lost all relish beehive, must of necessity assist and succor for political controversy, and had found that each other, or there will be less honey laid an entire obedience to party projects required away when the summer is past and the har- such constant sacrifices of opinion and feeling, vest ended.
that he preferred to devote himself with sinEarly in his professional career he became gleness of heart to the study of the law, an ardent politician. He was a Jeffersonian which was at all times the object of his adDemocrat, and at the bar of his residence miration and almost exclusive devotion. stood almost alone in his partisan position. Public sentiment, however, forced him again As such a party man he went into the State into the State councils at home, where more Legislature, and became an acknowledged liberty of professional engagement was perleader. He possessed that great quality for initted. He was in political life but a brief a leader, the faculty of extempore speaking, period again, before, in his thirty-second joined with the ability to condense and eluci- year, President Madison pressed his acceptdate the topics he took in hand. But he ance of a vacant Associate Justiceship in the never submitted the convictions of his judg- Supreme Court of the United States, which ment to party dictation; and soon after his had been declined by Levi Lincoln and by entering the arena of legislative warfare, he John Quincy Adams, then in Russia. Albravely stemmed party tide in advocating an though the acceptance involved the surrender increase of salaries for the State judges. The of heavy professional emolument, the high latter were all federalists, and it was not to honor, the permanence of the tenure, and be wondered that the republicans of that the opportunity of gratifying his juridical day, who wore in their noses the rings of studies that he so much loved, joined in comparty, should shrug their shoulders at the pelling his acquiescence. prospect of benefiting political opponents. “The atrocious crime of being a young But by his firm conduct, and by his confident man," which had compelled a hatred of Wilassertion and able arguments in favor of the liam Pitt the younger, in a former day, was measure, it was carried. And to Joseph now brought up against him by many whose Story, more than any other man, Massachu- party subserviency fairly blushed before his setts is indebted for the opportunity of em- manly integrity, and by others who en vied ploying ablest judicial officers, without ma- him his success. But one year at the Circuit king their families beggars.
silenced all complaint. And in his thirtythird year he was acknowledged to be the called Equity, which depending not on the able jurist whom, at liis death in his sixty- reading of other men's writings, but on the sixth year of age, a whole nation mourned. goodness of a man's own natural reason and
Dismissing for the present all consideration meditation, is presumed to be in those most of his judicial life, and all estimate of his who have had most leisure and the most inability upon the bench, and passing over clination to meditate thereon; second-connearly twenty years of his life, we meet him tempt of unnecessary riches and preferments; in the possession of his fourth great honor in third-to be able in judginent to divest hiinlite—but an honor which was ever the first self of all fear, anger, hatred, love and comprized by him in all his after career—the ap- passion; fourthly and lastly-patience to pointment of Law Professor in Cambrige hear, diligent attention in hearing, and Law School.
| memory to retain, digest, and apply what he Mr. Nathan Dane, whose Abridgement of hath heard." American law in many volumes had obtain- ! Not the least amiable phase of the life of ed for him the gratitude of the profession at Judge Story, was the attention which he large, and the more substantial testimonial gave to letters and literary pursuits. He was of pecuniary profit, had determined, about the no mere lawyer: no stringer of professional fiftieth year of Judge Story's life, to repay centos. He never hid his heart with the the law some of the profits which its votaries veil of dignity; nor smothered his fresh imhad bestowed upon him, by donating ten pulses (preserved intact from worldly rust thousand dollars for the establishment of a since boyhood) with the weight of his judinew professorship. He annexed to his dona- cial and professional labors. While he betion, however, the condition that Judge Story | lieved that the law was a jealous inistress, he should be the incumbent. To the great de- knew that this mistress was too stable and light of the donor, and of the College Fel- sensible to decree that a gentle dalliance or lows, the Judge assented, and was inaugurated seasonable flirtation with her maids of honor as Dane Professor of Law, with a special |--Poetry, or the Arts, or Literature, or Love view to Lectures upon the Law of Nations, —was an unloyal act. He could turn from Commercial and Maritime Law, Federal Law Grotius to Dickens, from Vattel to Thackeray. and Equity-a station which he filled to the He could digest the points of the elaborate day of his lamented death,
arguments of eminent counsel, and then turn This brief survey of his life presents him aside to a gentle tonic from the administrathen in several public aspects; as a student, as ting hand of Smollett or Walter Scott. an advocate, as a statesinan, as a judge, and Method was his master-key to all the combias an expounder of the great principles of law, nations in the locks of labor. which he worshipped with an idolatry of love. Twice married he never ceased to eulogize
To speak of his political career would not the bliss of domesticity. Surrounded by loving belong to the scope of our article. And to eyes, the currents of his freshened affection sit in judgment upon his judicial career would flowed deeper and clearer every year. How be our presumption. Older and abler pens he treasured home and home joys may be must render their tributes to the extent and collected in the following lines from his varied richness of his legal lore, which, taking poem on solitude (before referred to), written root in principles, branched into the minutiæ in his twenty-second year. of detail, under every sun and in every clime “ Grandeur may dazzle with its transient glare where law is recognized as a rule of human The herd of folly, and the tribe of care,
Who sport and flutter through their listless days, action. His judicial fame can never be in
Like motes that bask in Summer's noontide blaze, creased or diminished by individual estimate. With anxious steps round vacant splendor while,
Live on a look, and banquet on a smile; The law of patents, of admiralty and prizes,
But the firin race whose high endowments claim the jarisprudence of equity, and above all, The laurel-wreath that decks the brow of fame; his luminous explorations of what were once
Who warmed by sympathy's electric glow,
In rapture tremble, and dissolve in woe, constitutional labyrinths, are monuments as
Blest in retirement, scorn the frowns of fate, indestructible as the Pyramids. If every And feel a transport power can ne'er create." trace of their original oneness be lost, they Touching the poem from which these lines will vet live in the hours of future judicial are taken, we remember being shown the days, in professional acts, and in the guiding only copy of the published book which was policy of a remote posterity. His library of known to exist, by the family of the Judge. treatises are legal classics ; and the worst de- The Assistant Librarian (who was born for fects which flippant carpers and canvassers his station in all that regards enthusiastic of their claims to merit bave discovered in love of his duties), of the Harvard College their pages, have been their ricliness of detail library, showed us, with great triumph, a and polish of learning! And no one can small sheep-bound volume, entitled “Soli. deny that as a judge he was the very exam-tude and other Poems, by Joseph Story," ple which · Hobbes' in his "Leviathan,' car-printed sometime in the commencement of ried in mind when he thus wrote--"the this century: saying, “the Judge has burned things that make a good judge or good inter- all the copies he can pick up, and this is only preter of the laws, are first—a right under-1 to be read here.” This poem was a sore standing of that principal law of nature subject to the author. He viewed it as not only a blot upon his dignity, but an annoy-1 Give each strong thought its most attractive view,
In diction clear, and yet severely true, ance to his professional fame. Numerous
And as the arguments in splendor grow, critics have laughed at it; but apart from the Let each reflect its light on all below.
When to the close arrive make no delays shorter poems, the main theme showed much
By petty flourishes, or verbal plays, aptitude of poetic imagery, invention, and
But sum the whole in one deep solemn strain, harmony of expression. Glance at the fol Like a strong current bastening to the main." lowing lines, which contain much of the If Mr. Story had never been elevated to genuine spark :
the bench it is not likely his name would ever “ Till nature's self the Vandal torch should raise, have become national property. Although And the vast alcove of creation blaze."
plunged into politics in his earlier life, he was Or this,
not fitted for the life. His devotion to the “Blaze the vast domes inwronght with fretted gold,
| law, and his dread of becoming that slave to The sumptuous pavements veins of pearl unfold, Arch piled on arch with columned pride ascend, party usages which all public men must neGrove linked to grove their mingling shadows blend."
cessarily more or less fashion of themselves, Or this
would have retained him in his native state, "Let narrow prudence boast its grovelling art
and made his usefulness sectional. To the To chill the generous sympathies of heart, Teach to sub-lue each thought sublimely wild,
politicians of the school of General Jackson, And crush, like Ilerod, fancy's new-born child."
and to the administration of that President, he It is highly probable that the learned Jus- was particularly distasteful. His tenacious tice, knowing his taste for the poetical and conservatism drew forth from the "old hiero," fanciful, and his aptitude at the harmony of on one occasion, the remark, that “ he was language, often erred in his judicial writings the most dangerous man in the country ! and treatises, by avoiding beauty of expres- | Lord Eldon, with his doubts and pertinacions sion, in fear lest the dignity of his subject toryism was not more unpopular among the should be injured by too much association reformers in England than was Judge Story with the creatures of fancy. We have known —the last of the old regime of federal judges most accomplished lawyers err through this with the bank radicals of 1832. samne caution. Our biographer himself (Mr. When Chief Justice Marshall died he felt William W. Story) has certainly done himself | almost broken-hearted. A new race of congreat injustice as a writer in his work on stitutional expounders had arisen around him. * Contracts," when, in the pages before us, Brother justices, with modern constructions, he presents us with so much delicacy of fancy and more liberal notions of national law. and rhetorical finish. Blackstone in his were by his side. In many decisions he was " Commentaries,” Jones in his “Bailment" | now a sole dissenter. His pride was in vaded : treatise, Stephens in his essay upon “ Plead- his self-love tortured ; his adoration of cering,"time-honored Fearne in his “Contingent tain legal constructions which he had deemRemainders," have shown how grateful and ed immutable in their nature, was desecrated. how suitable it is for the legal readers to find And, for many years previons to his decease. brilliancy of rhetoric adorning the most pro- he had contemplated resigning from the fefound learning.
deral judiciary, and living alone for his darBut certainly Judge Story possessed to a ling law school. remarkable degree the faculty of condensa- ! This school was his adopted child. He had tion in his poetical works. His rhyme was taken it in a feeble and helpless infancy. He not reason run mad; but reason in modest had given it strength and increased vitality. holiday attire. Where are lines at once so He brought it up to a vigorous and nseful compact and so searching in their wisdom as maturity. It was loved by only a handful of the following, penned in 1832, as matters of students when he gave his name and talents advice to a young law student:
to aid its lite: but when he died, a hundred Whene'er you speak, remember every canse
and fifty pupils were its warm suitors, and Stands not on eloquence, but stands on laws
hundreds of lawyers over the whole union Pregnant in matter, in expression brief,
cherished its prosperity as a link in their own Let every sentence stand in bold relief: On trilling points nor time nor talents waste,
chains of happiness. A sad ottence to learning and to taste;
And, although he thought not of it, his laNor deal with pompous phrase; nor e'er suppose Poetic flights belong to reasoning prose.
bors in the law school secure for his memory Loose declamation may deceive the crowd,
in the present generation a more brilliant exAnd seem more striking as it grow's more loud;
istence than bis array of judicial decisions, But sober sense rejects it with disdain, As nonght but empty noise, and weak as vain. and his thousands of written pages, can ever The froth of words, the school-boy's vain parado
bestow. In some pine forest settlement of Of books and cases--all his stock in tradeThe pert conceits, the cunning tricks and play
Maine, or in some rude court-house in CaliOf low attorneys, strung in long array,
fornia, there are lawyers who bring betöre The unseemly jest, the petulent reply,
them every day his genial siniles and his imThat chatters on, and cares not how, or why, Studious, avoid-unworthy themes to scan,
pressive lectures, looked upon and heard by They sink the speaker and disgrace the inan.
them in former times at Cambridge. Over Like the false lights, by flying shadow's cast Scarce seen when present, and forgot when past.
all the Union, in almost every village, town, Begin with dignity: expound with grace
and city, are his pupils. Each one of them Each ground of reasoning in its time and place;
may sometimes reflect with rapture upon Let order reign throughout-each topic touch, Nor urge its power too little, or too much.
| their days of college life, or remember with
pride their first professional success : but' Again, we have stolen into the self-same not one of these considerations of reininis-library while he is holding an equity term of cence is so grateful to his mind as the thought his circuit, to listen to the words of judicial of his novitiate with Justice Story. Depend wisdom which came froin his utterance, exuupon it he treasures up those Cambridge text-berant as pearls of fancy from the mouth of books, those Cambridge note-books whose an inspired poet. leaves daguerreotype the learning of the emi- Again, we see him at the summer twilight, nent deceased, those catalogues of students seated by the trellised portico of his hospitawhere his name is proudly found, as the most ble and happy homestead, surrounded by valuable portions of his library. Ile will ne- | family or friends, enjoying the amenities of ver part with them: but they will descend lite with unaffected pleasure, and sometiines to bis children.
| awakening the garden echoes with his cheerIt was our privilege and pleasure also to ful ringing laugh; or we see him in the same know Mr. Justice Story at Cambridge; to hour of the day driving under the yenerable have spent days of pleasure in the hours of his elms of the numerous commons, gazing and society; to have rendered to his teachings bowing around with all the pleasure which the tribute of delighted attention and grateful the king of the fairy book marked upon his recollection. We, too, have been fascinated | face when the love of his subjects, among with that conversation, whose variety of ex- whom he passed, came forth with the evenuberance and sometimes egotisın, were its ing breeze to bless and greet him. greatest ornaments. In the sunshine of his And then we pass into " reverie," and live intellect our mind has sunned itself, and been a few minutes of " dream-life," recalling to warmed into zealous and proselyting admira- mind the maxims and sayings which were uttion. To his gray-haired teachings we have tered in our presence; and the many bright paid personal reverence, and we unaffectedly exemplars placed before his pupils, and the hope to have caught from his society and in- kindly greetings which were showered all tercourse a spark of that professional enthu-about-for he was no distinguisher of persons siasm which is the only true guiding-star of so long as honor of feeling and uprightness the plodding lawyer.
of motive abounded in his presence. The December blasts are hoarsely sobbing He is gone! Yet in these pages of biograto-night through Mount Auburn, the garden phy before us he will always live. From inof his mortal repose—the hallowed spot fancy to the ripened greatness of old age, his which his eloquence consecrated in its origin, life is preserved to posterity by the hand of and which his religious love in his lifetime his faithful and grateful son, whose duty has sacredly cherished. The snows of winter been most ably and interestingly performed. and the autumn-woven carpet of fallen leaves | The very minutiæ of his lite are presented are heaped upon his honored grave, the sod- with fidelity and modesty of reference. Some ded paths to which, in the glowing spring- may carp at this; to these let us say with time and fragrant summer, are pressed most the French proverbialist, Rien n'est indifferfrequent with the tread of faithful mourners., ent dans la vie d'un grand homme ; le genie Years have passed since that honored grave se reréle dans des moindres actions. The was first closed upon him. Longer years have straws of every day life mark the direction flown since we were under his teachings. But of the breezes of individual action. we seem to view him the same as of yore. To the hearts of his pupils we would send Again the class is assembled in the hushed this epitaph, and ask them if anght less triblecture-room as his familiar tread is heard at utary could be said of one who was and is to the door; or as the burst of applanse, where them a father. there is no sycophantic flattery known or Here sleeps the mortality of Joseph Story, felt, greets his entrance to his seat. Again, who lived his days so well that lie won in a we see him adjusting his genial spectacles, short lifetime an immortality of fame. His and looking around upon the upturned faces career as a Man reflected lustre upon the with parental pride. Again we hear his lustre of an honored father's manhood, and mellowed, although often impetuous accents, added to the virtues which his mother beexpounding familiar principles of law, and queathed him. As a Politician, he renderdescending to the consideration of “first ed obeisance only to his conscience. As a things" with as much pride and carefulness as Lawyer, he never disgraced his profession by the artist treats his Rubens or Titian, which a thought, and even honored it by his slightfor years and years bas hung before him in est acts. The colleague of Marshall, the two all lights and shades and in every combina- now shine together as twin stars in the often tion of position.
contemplated firmament of Judicial Renonen, Again, we occupy a modest corner of the Not selfish of his Learning, it is scattered to library while he is holding his moot court; the utterinost parts of the earth, and is treas. infusing into the dignity of his manner a ured wherever it has fallen. The learning marked suavity of disposition which never which he borrowed from continental Europe forsook him; or he is perpetrating some ap- he repaid with magnificent interest. In Westpropriate legal joke to his audience, who minster Hall his name is associated with Notnever played upon his ease or good nature. tingham, Hale, Mansfield, and Stowell. Countmesador whoing Hoa
i. As when an unimagined Future streamed
All over him in glory. Yet he stood
Lonely, but looking to that light for life. for thousands of adopted children a banquet |
Spring-pinioned Hupe impetuously flew,
And saw, through the deep Future shedding balm, of the treasures of legal lore, and next to re- | His fame a tree in tlower.“ verencing his paternal love they cherish with
If that were all ?
If in his vision of America profound gratitude the memory of his slight
He saw but Christopher made famous ? Look! est instructions. While the Union of his birth Not for himself, but for that martyr, Thought, place exists, her citizens will regard with un
Which struggles fainting in a foolish world,
To ope a gate to wisdon). his heart swelled feigned admiration his constitutional teachings.
When his fixed eye beheld his soul's belief
Fulfilled in Western twilight. Thou my land ! COLUMBUS AT THE GATES OF GENOA.
Shalt thunder to the ages evermore
That dreams and hopes are holy. Thou shalt still WRITTEN FOR THE INTERNATIONAL MAGAZINE The croaking voice of souls that shake at dawn, BY THE AUTHOR OF " NILE NOTES OF A UOWADJI."
Loving the dimness of their own decay,
The long desire, entreaty and despair, Christopher Columbus was born at Genoa in 1437. In 1851 the Genoese
The wasting weariness that breeds disgust, are finishing his monument.
All woes but Doubt that, wasp-like, stings Hore back, I AM Columbus: will ye let me in!
There are ye justitied. And never Time I Or Doria in his palace by the sea,
Goldening this page can slip its moral too; Proud Andrea Doria nained il Principe,
And never Thought, loving this sweet success, In your Republic nained il Principe,
But still shall love its own wild dreams the more. By Charles the Fifth, the Emperor of Spain,
And still shall brighter gild ail skiey peaks Monopolizes he your meed of faine
Or noble daring, with this perfect day. Before the awful Judgment seat of Tiine,
Regard your leisure with my monument, Well, and Pisani, the Venetian, he,
My Genoese, for centuries to be Venice as Doris was Genoa,
Will yet retain its reason as to day. Why, wide-mouthed Europe clanged their stunning praise,
There, where my hope was builded, stands my Fame. And history with their names adorns herself,
The youngest children of the youngest rece. Dazzing the eyes of pious pilgrims, who
The wide world's heritors, arch-leirs of Time, Press flowers from Doria's garden, dreaming float
Pronounce my naine with reverence, and call Upon Pisani's silent waters, and
Your sometime outcast, Father. Be it so. Proceed, much meditating human fate.
Andrea's palace claims repairs perhaps, And they had pleasures, palaces. They stood,
The sculptured letters must be cut anew, And sat, and went, all men adıniring,
That on the crumbling girdle of his house Men of a day, in its brief life they lived,
Proclaim him Principe. That be your task,
And pare your miserable marble, me.
FEATHERTOP: A MORALIZED LEGEND.
WRITTEN FOR THE INTERNATIONAL MONTILY MAGAZINE Ye love your own, I mine, mine ine, amen!
BY NATHANIEL HAWTHORNE. O pious pilgrims and ye Genoese,
4 DICKON," cried Mother Rigby, "a coal Proceed, much meditating human fate, And meditate this well.
D for my pipe!".
The pipe was in the old dame's mouth,
when she said these words. She had thrust Wan victim of a solitary thought
it there after filling it with tobacco, but withToo masculine to die unrealized. Tortured with tortuous diplomacy,
out stooping to light it at the heartlı; where, Beseeching monarchs still in vain besought,
indeed, there was no appearance of a fire Not to give kingdoms but to take a world,
having been kindled, that morning. ForthUnloved of Fortune, best beloved of llope, When Doria was a lisping boy at school,
with, however, as soon as the order was This wanderer puts forth one suminer morn,
given, there was an intense red glow out of Ainong the other fishers of the sea, And with a world returns.
the bowl of the pipe, and a whitf of smoke Nay! nar! no words,
from Mother Rigby's lips. Whence the coal Your hemisphere was only half enough,
came, and how brought thither by an invisi. And Christopher Columbus globed his fame. And now ye build my statue, Genoese,
ble hand, I have never been able to discover. After three silent centuries have died,
“Good!” quoth Mother Rigby, with a pod When the old fourth is failing, ye do well
of her head." Thank ye, Dickon! And With lagging stones to pile the pedestal, And shape my sculptured seeming. Not with wrath, now for making this scarecrow. Be within Nor scorn. Good God and less with gratitude,
call, Dickon, in case I need you again !" Be those worn features wreathed. I love ye not, Ye are no friends of mine. I did not ask
The good woman had risen thus early (for A block of marble for my memory,
as yet it was scarcely sunrise), in order to set But gold to carve my hope. It was not much Nay, bad it been your all, was it not well
about making a scarecrow, which she intendTo wreck your fortune on a hope sublime ?
ed to put in the middle of her corn patch. And, Merchants! The brave chance; a small outlay,
It was now the latter week of May, and the And income inconceivable! You chose. My stately Spain was wiser. So much gold,
crows and blaokbirds had already discovered A little fleet, -some Milors-leaders known
the little, green, rolled-up leaf of the Indian If not investment, speculation safe, The honor of the enterprise, and chance
corn, just peeping out of the soil. She was Always the siren chance-Spain risked and won,
determined, therefore, to contrive as lifelike And Genoa lost a world.
a scarecrow as ever was seen, and to finish it Sir Advocate! I understand your meaning; it were hard
immediately, from top to toe, so that it should Fame drafts upon the Future should be paid
| begin its sentinel's duty that very morning. Ere present recognition ! "Twere injust That hope unhazarded in act, were crowned
|Now, mother Rigby (as every body must have With the sanie coronal that crowns success.
heard) was one of the most cunning and poThe starving mariner upon your shore
tent witches in New England, and might, The riddle of the West unsolved-etrod not In the same light to set his worthiness,
| with very little trouble, have made a scara