Dropt from the ruined sides of kings."
A richer royalty is sown at Mount Auburn. The kings that slumber there were anointed by more than earthly hand.
Turning again to the newest grave, I found no one but the humble gardeners, smoothing the sod over the fresh earth. It was late in the afternoon, and the upper branches of the stately trees that wave over the sacred spot, after glistening for a while in the golden rays of the setting sun, were left in the gloom which had already settled on the grass beneath. Hurrying away, I reached the gate as the porter's curfew was tolling to forgetful musers like myself the warning to leave.
Moving away from the consecrated field, I thought of the pilgrims that would come from afar, through successions of generations, to look upon the last home of the great Jurist. From all parts of our own country, from all the lands where law is taught as a science, and where justice prevails, they will come to seek the grave of their master. Let us guard, then, this precious dust. Let us be happy, that, though his works and his example belong to the world, his remains are placed in our peculiar care. To us, also, who saw him face to face, in the performance of his various duties, and who sustain a loss so irreparable, is the melancholy pleasure of dwelling with household affection upon his surpassing excellences.
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."
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.