country one now happily among us to-day by his son,[165] James Kent,
the unquestioned living head of American jurisprudence. These are among
jurists. Let them not be confounded with the lawyer, bustling with
forensic success, although, like Dunning, arbiter of Westminster Hall,
or, like Pinkney, acknowledged chief of the American bar. The jurist
is higher than the lawyer,--as Watt, who invented the steam-engine, is
higher than the journeyman who feeds its fires and pours oil upon its
irritated machinery,--as Washington is more exalted than the Swiss,
who, indifferent to the cause, barters for money the vigor of his arm
and the sharpness of his spear.
[165] Hon. William Kent, recently appointed Royall Professor of Law in
Harvard University.
The lawyer is the honored artisan of the law. Tokens of worldly success
surround him; but his labors are on the things of to-day. His name is
written on the sandy margin of the sounding sea, soon to be washed
away by the embossed foam of the tyrannous wave. Not so is the name of
the jurist. This is inscribed on the immortal tablets of the law. The
ceaseless flow of ages does not wear off their indestructible front;
the hour-glass of Time refuses to measure the period of their duration.
Into the company of Jurists Story has now passed, taking place, not
only in the immediate history of his country, but in the grander
history of civilization. It was a saying of his, often uttered in the
confidence of friendship, that a man may be measured by the horizon of
his mind, whether it embraces the village, town, county, or state in
which he lives, or the whole broad country,--ay, the world itself. In
this spirit he lived and wrought, elevating himself above the present,
and always finding in jurisprudence an absorbing interest. Only a few
days before the illness ending in death, it was suggested to him, that,
as he was about to retire from the bench, there were many who would
be glad to see him President. He replied at once, spontaneously, and
without hesitation, "that the office of President of the United States
would not tempt him from his professor's chair and from the law." So
spoke the Jurist. As lawyer, judge, professor, he was always Jurist.
While administering justice between parties, he sought to extract from
their cause the elements of future justice, and to advance the science
of the law. Thus his judgments have a value stamped upon them which
is not restricted to the occasions when they were pronounced. Like
the gold coin of the Republic, they bear the image and superscription
of sovereignty, which is recognized wherever they go, even in foreign
lands.
Public-domain text, read in full here on John Shaqi.
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