His death makes a chasm which I shrink from contemplating. He was the
senior Judge of the highest Court of the country, an active Professor
of Law, and a Fellow in the Corporation of Harvard University. He was
in himself a whole triumvirate; and these three distinguished posts,
now vacant, will be filled, in all probability, each by a distinct
successor. It is, however, as the Jurist that he is to take his place
in the history of the world, high in the same firmament where beam
the mild glories of Tribonian, Cujas, Hale, and Mansfield. It was his
fortune, unlike that of many cultivating the law with signal success
on the European continent, to be called as a judge practically to
administer and apply it in the business of life. It thus became to
him not merely a science, whose depths and intricacies he explored
in his closet, but a great and godlike instrument, to be employed in
that grandest of earthly functions, the determination of justice among
men. While the duties of the magistrate were thus illumined by the
studies of the jurist, the latter were tempered to a finer edge by the
experience of the bench.
In the attempt to estimate his character as a Jurist, he may be
regarded in _three_ different aspects,--as Judge, Author, and Teacher
of Jurisprudence, exercising in each a peculiar influence. His lot is
rare who achieves fame in any single department of human action; rarer
still is his who becomes foremost in many. The first impression is of
astonishment, that a single mind, in a single life, should accomplish
so much. Omitting the incalculable labors, of which there is no trace,
except in the knowledge, happiness, and justice they helped to secure,
the bare amount of his written and printed works is enormous beyond
precedent in the annals of the Common Law. His written judgments on his
circuit, and his various commentaries, occupy _twenty-seven_ volumes,
while his judgments in the Supreme Court of the United States form an
important part of no less than _thirty-four_ volumes more. The vast
professional labors of Coke and Eldon, which seem to clothe the walls
of our libraries, must yield to his in extent. He is the Lope de Vega,
or the Walter Scott, of the Common Law.
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."
Public-domain text, read in full here on John Shaqi.
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