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.
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