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.
Public-domain text, read in full here on John Shaqi.
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