GJorndl Cam i^rljool iCibran} r Cornell University Library KF 292.H32A84 1887 3 1924 024 519 112 DATE DUE flpXr 4 ffl>-Jftft"| rj 1031 GAYLORD PRINTED IN U.SA Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024519112 HARVARD LAW SCHOOL ASSOCIATION. 1-1 < <1 HARVARD LAW SCHOOL ASSOCIATION. REPORT OF THE ORGANIZATION AND OF THE FIRST GENERAL MEETING At Cambridge, November 5, 1886, on the first day of the celebration of the two hundred and fiftieth anniversary of the founding of harvard college. BOSTON: PUBLISHED BY THE ASSOCIATION. 1887. it fl&s-J, ©mtatstta Press: Jons Wilson and Son, Cambridge. m fl Si /ss? CONTENTS. PAGE Officers of the Harvard Law School Association . 7 Marshals at the Celebration, Nov. 5, 1886 .... 9 Constitution 10 Eeport of the Organization and of the First General Meeting 13 Committee of Arrangements 20 Committee on Nomination of Officers 20 Exercises in Sanders Theatre: President Carter's Address 24 Judge Holmes's Oration 29 The Dinner : President Carter's Address 43 Professor Langdell's Address 48 Hon. Samuel E. Sewall's Address 53 Hon. Thomas M. Cooley's Address 56 President Eliot's Address 60 Gen. Alexander E. Lawton's Address 63 Hon. George 0. Shattuck's Address 69 Prank W. Hackett's Address 71 Professor John C. Gray's Address 74 Hon. E. R. Hoar's Address 76 APPENDIX. Professor Thayer's Address 81 List of Members 87 OFFICERS OF THE HARVARD LAW SCHOOL ASSOCIATION, Elected Novembeb 5, 1886. Jhegtbmt. Hon. JAMES C. CARTER, LL.B., . . '53 13iee=presftl>eitt!S. Hon. William Preston, LL.B. . '38 Hon. William M. Evarts '39 Hon. Marcus Morton, LL.B. . . '40 Hon. Charles S. Bradley '41 Hon. Ogden Hoffman, LL.B. . . '42 Hon. Alexander R. Lawton, LL.B. . . '42 Hon. John A. Peters ... . '44 Hon. Rutherford B. Hayes, LL.B. . . '45 Hon. John Lowell, LL.B '45 Hon. Henry C. Semple, LL.B '45 Hon. Manning F. Force, LL.B. . '48 Hon. Arthur W. Machen, LL.B. ... '51 Hon. Alfred Russell, LL.B '52 Hon. James B. Eustis, LL.B '54 Hon. Jeremiah Smith '61 Hon. George B. Young, LL.B. ... '63 Hon. Andrew Allison, LL.B '65 Hon. Robert T. Lincoln '65 Hon. John H. Overall, LL.B. ... '67 Hon. Hugh McDonald Henry, LL.B. . '73 New York. Kentucky. New York. Massachusetts. Rhode Island. California. Georgia. Maine. Ohio. Massachusetts. Alabama. Ohio. Maryland. Michigan. Louisiana. New Hampshire. Minnesota. Tennessee. Illinois. Missouri. Nova Scotia. ORGANIZATION OF THE ©otmcil. FOB FOUB TEARS. Hon. James M. Babker '63 John L. Thorndike, LL.B '68 William Schofield, LL.B. . . . '83 FOB THREE TEABS. Theodore H. Ttndale, LL.B '68 Hon. Patrick A. Collins, LL.B. . . '71 Frederick P. Fish 76 FOR TWO TEARS. Hon. Frank P. Goulding . . '66 Samuel B. Clarke, LL.B '76 Abbott Lawrence Lowell, LL.B. . . '80 FOB ONE TEAR. Hon. Arthur L. Huntington, LL.B. . '74 Feederick C. S. Babtlett 1 ... . '77 Sherman Hoab '84 SreajSttrer. Winthbop H. Wade, LL.B '84 $tmteq>. Louis D. Bbandeis, LL.B '77 l Died Dec. 26, 1886. Pittsfield, Mass. Boston, Mass. Cambridge, Mass. Boston, Mass. Boston, Mass. Cambridge, Mass. Worcester, Mass. New York, N.T. Boston, Mass. Salem, Mass. New Bedford, Mass. Waltham, Mass. Boston, Mass. Boston, Mass. HARVARD LAW SCHOOL ASSOCIATION. MARSHALS HARVARD LAW SCHOOL ASSOCIATION, At the Celebration, November 5, 1886. CHIEF-MARSHAL. Roger Wolcott, LL.B. 74 Boston. AIDS. Charles C. Read, LL.B '67 Timothy J. Dacey, LL.B 71 Austen G. Jot, LL.B 71 Henry G. Pickering, LL.B 71 Latjbiston L. Scaue . . .... 71 William F. Wharton, LL.B '73 Edward W. Hutchins, LL.B 75 Georoe Wigglesworth, LL.B. ... 78 William A. Gaston '82 Felix Rackemann '83 Henry E. Warner, LL.B '85 William A. Hayes, Jr., LL.B '87 Cambridge. Boston. New York. Boston. Boston. Boston. Boston. Boston. Boston. Milton. Cambridge. Cambridge. 10 ORGANIZATION OF THE CONSTITUTION. Article I. The name of this Association shall be the " Harvard Law School Association." Article II. The objects of this Association shall be to advance the cause of legal education, to promote the interests and increase the usefulness of the Harvard Law School, and to promote mutual acquaintance and good-fellowship among all members of the Association. Article III. Section 1. All graduates, all former members of the Harvard Law School, and all present members of the Harvard Law School who have been such for at least one academic year, may become members of this Association. Sect. 2. Every member shall pay an initiation fee of one dollar, and an annual fee thereafter of one dollar. Sect. 3. Honorary members may be elected by this Associa- tion on nomination by the council. Article IV. The officers of the Association shall be a President, not less than ten nor more than twenty Vice-Presidents, a Secretary, a Treasurer, and a Council of twelve members. The president, secretary, and treasurer shall be ex officio members of the council. Article V. Section 1. The president, vice-presidents, secretary, and treasurer shall be elected for the term of one year. Sect. 2. The council shall be elected in classes as follows : At the first meeting of the Association three members of the HARVARD LAW SCHOOL ASSOCIATION. 11 council shall be elected for the term of four years, three members for the term of three years, three members for the term of two years, and three members for the term of one year; and there- after, at the annual meeting of the Association in each year, three members shall be elected for the full term of four years, to fill the places of those whose term of office shall then have expired. Sect. 3. Vacancies occurring in any of the four classes of the council before the expiration of their respective terms of office shall be filled at the annual meeting next following the occurrence of such vacancies. Sect. 4. All officers of the Association shall hold their re- spective offices during the regular term thereof, and until their successors shall be elected and qualified. Article VI. The annual meeting of the Association shall be held at Cam- bridge, Massachusetts, on the Tuesday preceding the Annual Commencement of Harvard College ; provided, however, that the council shall have the power to appoint in any year a different time and place for the annual meeting, if deemed expedient. Article VII. The president or the council shall have the power to call a special meeting of the Association at any time; provided that at least two weeks' previous notice in writing be given to all members of the Association. Article VIII. Section 1. The executive power of the Association shall be vested in the council, subject to the control and direction of the Association. Sect. 2. The council shall have the power to elect from its own members an Executive Committee of not less than three members, to whom may be delegated such powers as the council shall deem expedient. Sect. 3. The council shall elect every year from its own members a " Committee on the Harvard Law School," and may elect such other committees, from its own members or the Asso- 12 ORGANIZATION OF THE ciation at large, as it shall from time to time deem expedient in carrying out the objects of the Association. Sect. 4. The council shall have the power to appoint from time to time one or more Corresponding Secretaries in the differ- ent cities or towns of the United States and Dominion of Canada. It shall be the duty and office of such corresponding secretaries to promote in their respective localities the objects and interests of the Association. Sect. 5. The council shall have the power to fix the number of members of the Association necessary to constitute a quorum for the transaction of any and all business save that of amending the Constitution, and to fix also the number of their own members necessary to constitute a quorum of the council. Article IX. The secretary, treasurer, the council, and the committee on the Harvard Law School, shall make and submit to the Association, at its annual meeting in each year, reports in writing of their respective doings for the preceding year. Article X. This Constitution may be amended by a majority vote of all the members of the Association present at the annual meeting, or at any special meeting called for that purpose. HARVARD LAW SCHOOL ASSOCIATION. 13 REPORT OF THE ORGANIZATION THE FIRST GENERAL MEETING OF THE HARVARD LAW SCHOOL ASSOCIATION. On July 21, 1886, a few graduates of the Harvard Law School met in Boston for the purpose of con- sidering the advisability of forming an Association of those who had been members of the School. At this meeting a Committee on Organization was ap- pointed to prepare a circular, which should be sent to former members of the School residing in different parts of the United States and of the Dominion of Canada, with a view to obtaining a more general ex- pression of opinion concerning the desirability of organizing such an association. The circular, which was sent to about two hundred former members of the School, was as follows: — HARVARD LAW SCHOOL ASSOCIATION. Boston, August 9, 1886. Deak Sik, — A movement has been begun to organize an As- sociation of the graduates and former members of the Harvard Law School, to be called the Harvard Law School Association. 14 ORGANIZATION OF THE The general object of the Association is to bring together, by- means of an active, efficient organization, which shall hold a stated meeting at least once each year, all those members of the legal profession who are connected by the common bond of having made their preparation, or some part of their preparation, for the practice of the law in the Harvard Law School. It is hoped also that the Association may be made a powerful means of in- creasing the influence and usefulness of the Law School itself, through the organization of Law School Clubs in the different cities, on the plan of the Harvard Clubs now existing all over the country, and by any other means which may in future be deemed advisable. The object of this circular is to obtain information as to the state of feeling among graduates and former students of the Law School in reference to the proposed Association. As the suc- cess of the whole plan will depend largely upon its favorable reception by those who are at a distance, you are earnestly re- quested to make a thorough canvass of the Law School men of your acquaintance and in your vicinity, in order to ascertain their sentiments, and to create an interest in favor of the Association. As yet nothing has been done beyond calling a meeting of Law School graduates residing in Boston, at which a committee was appointed to prepare a plan of organization, and report at a future meeting. The committee hope for the good-will and assistance of all the graduates and former members of the School. The approaching celebration of the two hundred and fiftieth anniversary of the founding of the College, in November, is believed to be a favor- able time for the establishment of the new Law School Asso- ciation. No details of organization have been arranged ; but it is proposed, if the response to this circular should be sufficiently hearty, to hold the first general meeting of the Association at that time. A reply to this circular at your earliest convenience, stating the result of your inquiries, and adding any suggestions and criticisms which seem proper, will be considered a great favor. You are also requested to send the names and addresses of as many graduates and former students of the Law School as you can. The reply should not be later than August 20. HARVARD LAW SCHOOL ASSOCIATION. 15 Another circular, containing details of the organization and of the exercises in November, and other information, will be sent at an early day. Answers to this circular should be addressed to Louis D. Brandeis, Esq., Secretary, 60 Devonshire Street, Boston. By the Committee on Organization. Darwin E. Ware, LL.B., '55, Chairman. John C. Ropes, LL.B., '61. Louis D. Brandeis, LL.B., 77. Henry W. Putnam, LL.B., '72. William Schofield, LL.B., '83. Joseph B. Warner, LL.B., '73. Winthrop H. Wade, LL.B., '84. Encouraged by the very general and enthusiastic response evoked by this circular, the Committee on Organization, after repeated conferences, issued the following call for a general meeting, which was published in the Boston daily newspapers. HARVARD LAW SCHOOL ASSOCIATION. A meeting of the graduates and former members of the Har- vard Law School will be held in the Rooms of the Boston Bar Association, in the Post-Offi.ee Building, Boston, at 3 p. m., on Thursday, Sept. 23, 1886, for the purpose of forming a Harvard Law School Association, the object of which shall be to ad- vance the cause of legal education, and to promote the inter- ests and imcrease the usefulness of the Harvard Law School. All graduates and former members of the Harvard Law School who favor the formation of such an Association are invited to be present. By the Committee on Organization. Darwin E. Ware, LL.B., '55, Chairman. John C. Ropes, LL.B., '61. Louis D. Brandeis, LL.B., '77. Henry W. Putnam, LL.B , '72. William Schofield, LL.B., '83. Joseph B. Warner, LL.B., 73. Winthrop H. Wade, LL.B., '84. 16 ORGANIZATION OF THE In response to this notice, about one hundred and fifty graduates and former members of the School met, on the afternoon of Sept. 23, 1886, in the Rooms of the Boston Bar Association, and effected a permanent organization of the Harvard Law School Association. The meeting was called to order by Hon. Darwin E. Wake, LL.B., '55, who said : — Gentlemen, — In the latter part of last July it occurred to some gentlemen, graduates of the Harvard Law School, that the occasion of the celebration of the two hundred and fiftieth anniversary of the founding of Harvard College would be an excellent opportunity for the organization of a Harvard Law School Association, the need of which had long been felt. A company of graduates of the School met together in an office here in the city, in a very informal way, to consider what should be done by way of organizing such an Associa- tion. It was very desirable that the Association, if formed, should be substantially organized before the time of the great commemoration, when it seemed best that the first demon- stration of the Association should be made. The season, past midsummer, when so many lawyers are away on their vaca- tions, was not a good one for raising a fairly representative committee even of graduates living in this neighborhood, while to obtain a committee that would represent the great body of the graduates and former students of the School living all over the country, would have taken more time than could be spared. It was, therefore, thought advisable that these same gentle- men, who had been brought together almost accidentally to consider this subject, should take upon themselves the pre- liminary work of organization, appoint at once a committee for the purpose, and trust to the generosity of this meeting, which was to be a meeting of all who cared to attend it who had ever been connected as students with the Harvard Law HARVARD LAW SCHOOL ASSOCIATION. 17 School, to waive questions of form and deal only with the merits of what should be proposed. It was believed that these informalities would not be regarded as of serious moment, when all the work of the committee was to be submitted to this general meeting for its adoption only so far as what was offered should receive its approval. Accordingly, a committee on organization was appointed at the informal meeting of which I have spoken, and in the course of these proceedings that committee will be prepared to present a report. The meeting completed its organization by choosing Hon. George O. Shattuck, LL.B., '54, Chairman, and Mr. Louis D. Brandeis, LL.B., '77, Secretary. On taking the chair, Mr. Shattuck, who was received with applause, said : — Gentlemen, — I accept with pleasure the honor of presid- ing over this meeting, because I believe in the purpose which has called us together. A part of the great debt which this generation owes to the generations which have gone before is that which each member of our profession owes to the school under whose guidance he may have learned the great princi- ples of the law, and caught the high spirit which gives to its practice dignity and honor. We can only pay that debt by a generous devotion to the interests of those schools, by giving them a wider and better influence in our day, and by trans- mitting them to future generations with a more munificent endowment and with mightier power to regulate the great social forces which are to move the complex civilization of this continent. We believe that the Harvard Law School is worthy of our support. No man holds a professorship as a stepping stone, as an incident to general practice, or as a post of dignified retirement ; but every man gives his best life to the work. The atmosphere of the School is fatal to idleness, and stimu- lates to the highest endeavor. Most of us believe that the 18 ORGANIZATION OF THE new method of teaching by which, at the first step, the un- derlying principles and their limitations are sought in the study of cases, gives the best theoretical and practical knowl- edge of the law. We have come here, therefore, to combine our forces, to organize the friends of the School, to bring it into closer relations with the bar, to do what we may by suggestion and criticism to maintain and improve its high standard of professional education, to enlarge its re- sources, and to extend its influence. We call upon all who owe anything to the School to join us in this work of filial devotion. The alumni are to be found in every State in this republic. Much can be done for them and for the nation by from time to time bringing them together, face to face and hand to hand, to cultivate friendly relations, and to work in sympathy for a common purpose. The great foe to our national progress, the great danger to our civilization, is not in a tendency towards what may be called " a mechanical disruption of the Union." The civil war has removed that. But it is in a tendency toward chemi- cal disintegration, growing out of a want of sympathy and confidence, and a supposed conflict of interest in the great communities which form our republic. This tendency seems to paralyze in Congress every effort at wise general legislation. Now, if by bringing our brethren together, from time to time, from all parts of the country, to advance the interests of this School and the standards of our profession, — if by bringing these representative men together we can do something to check this tendency towards disintegration, — we shall perform a patriotic, as well as a professional and filial duty. I need not say that this movement meets with the hearty co-operation of the Faculty of the Law School. When Mr. Shattuck had finished, he called upon Mr. Brandeis, Secretary of the Committee on Organi- zation, to present more in detail the work of the Committee. Mr. Brandeis said : — HAKVAKD LAW SCHOOL ASSOCIATION. 19 Mr. Chairman and Gentlemen, — As Mr. Ware has stated, those present at the first meeting felt that, however enthusi- astic the students of the School residing in Boston and the vicinity might be, the Association could not be effective, could not be a success, unless we had, not merely the sympathy, but the active support and co-operation of those at a distance- And for that reason it was voted that we communicate with some of those students who live at a distance, lay before them the project of forming an Association, and get from them an idea of their views on the subject. For that pur- pose a circular was prepared by the Committee, setting forth in a general way what was proposed, and asking for a candid statement of the views of those to whom it was addressed. The answers to those circulars came in large numbers ; and I may say, in general, that they were more than encour- aging. In two instances only, I believe, the person addressed seemed to be unwilling to join the Association, if organ- ized. In many instances they not only promised to join but they pledged to the Association their hearty and active support. At the conclusion of the Secretary's report and remarks, the meeting, on motion of Mr. Geoege V. Leveeett, LL.B., '69, appointed the Committee on Organization a Committee to report a Constitution for the Association. Mr. Winthbop H. Wade, LL.B., '84, a member of this Committee, then read the draft of a Constitution, which was unanimously adopted after a short debate. Upon motion of Mr. Ware, it was then voted that a committee of twenty-one members be appointed by the Chair to arrange for an oration and dinner at Cambridge, Nov. 5, 1886, and that a com- mittee of seven members be appointed to nominate a list of officers for the Association. The Chair an- nounced these two committees as follows : — 20 ORGANIZATION OF THE Committee of JUrattgemmtjJ. ROBERT M. MORSE, Jr., '60, Boston, Chairman. Roderick E. Rombatjer, LL.B. ... '58 Solomon Lincoln, LL.B '64 Charles C. Beaman . '65 Robert T. Lincoln '65 George G. Crocker, LL.B '66 Frank W. Hackett '66 Henry M. Rogers, LL.B '67 James J. Myers, LL.B '72 Francis Rawle, LL.B '71 Orville D. Baker, LL.B '72 Joseph D. Brannan, LL.B '72 William W. Vaughan, LL.B. ... '73 Charles J. Bonaparte, LL.B. ... '74 T. Carleton Allen, LL.B '74 Jabez Fox, LL.B '75 Richard H. Dana, LL.B '77 Abbott Lawrence Lowell, LL.B. . . '80 Warren K. Blodgett, Jr., LL.B. . . '81 William Schopield, LL.B '83 Sherman Hoar '84 St. Louis. Boston. New York. Chicago. Boston. Washington. Boston. Cambridge. Philadelphia. Augusta, Me. Cincinnati. Cambridge. Baltimore. Fredericton, N. B. Cambridge. Boston. Boston. Cambridge. Cambridge. Waltham, Mass. Committee on domination of ©fftccrg. DARWIN E. WARE, LL.B., '55, Boston, Chairman. Edward L. Pierce, LL.B '52 Addison Brown, LL.B '55 Robert R. Bishop, LL.B '57 Moorpield Storey '67 George V. Leverett, LL.B '69 John Woodbury '83 Boston. New York. Boston. Boston. Boston. Boston. The meeting then elected Mr. Louis D. Beandeis, LL.B., '77, Secretary pro tern., and Mr. Wintheop H. Wade, LL.B., '84, Treasurer pro tern., of the Associa- tion, and voted to adjourn to meet Nov. 5, 1886, at HARVARD LAW SCHOOL ASSOCIATION. 21 Austin Hall, Cambridge, at such hour as the Com- mittee of Arrangements should appoint. On the 11th of October, 1886, the following letter was issued by the Committee of Arrangements, in response to which about four hundred graduates and past members of the Harvard Law School attended the meeting and celebration of Nov. 5, 1886. HARVARD LAW SCHOOL ASSOCIATION". Boston, Oct. 11, 1886. Dear Sik, — At a meeting of about one hundred and fifty former members of the Harvard Law School, held in Boston September 23, preliminary steps were taken for the organization of the Harvard Law School Association. At this meeting a Constitution was adopted, and it was voted that the first general meeting of the Association for the election of officers should be held Friday, November 5, at Cambridge, to be followed by an oration and a dinner on the same afternoon. A Committee on Nominations and a Committee of Arrange- ments were appointed to prepare for the meeting in November. Lists of these committees and the Constitution are appended. Louis D. Brandeis, of Boston, was chosen Secretary, and Win- throp H. Wade, of Boston, was chosen Treasurer, to hold office till the November meeting. The Committee of Arrangements are now able to announce that the oration will be delivered on the afternoon of Novem- ber 5, by Oliver Wendell Holmes, Jr., Justice of the Supreme Judicial Court of Massachusetts, LL.B., '66. After the oration, the dinner will be served, either in the new Law School building, or in Memorial Hall. James C. Carter, LL.B., '53, of the New York Bar, is expected to preside at the dinner, and there will be brief addresses by distinguished members of the Association and invited guests. The price of dinner tickets will be $2.50. The Committee earnestly request you to fill out and mail the enclosed postal card at once, and to send the names and addresses of as many graduates and former students of the Law School as you can to the same address. 22 HARVARD LAW SCHOOL ASSOCIATION. The date, November 5, was fixed with especial reference to the celebration of the two hundred and fiftieth anniversary of the founding of Harvard College, to which the 6th, 7th, and 8th days of November are to be exclusively devoted. The Committee hope that you may find it convenient at this time to revisit the scenes of your professional study, to meet your fellow-students, and to inspect Austin Hall, the present home of the Law School. They respectfully suggest, also, that the prosperity of the Harvard Law School Association will largely depend upon the success of its first meeting; and it is the opinion of all those who have interested themselves in its formation, that the Asso- ciation, if successful, will exert a powerful influence in increasing the prosperity and usefulness of the School. The Committee ask, therefore, for the hearty co-operation of all, and especially of those who live at a distance from Boston, in order that all parts of the country may be well represented at the meeting. By the Committee of Arrangements, Robert M. Morse, Jr., Chairman. At twelve o'clock on Friday, Nov. 5, 1886, the first general meeting of the Association was held at Austin Hall, Cambridge, and was called to order by Hon. George O. Shattuck, LL. B., '54, Chairman. The report of the Committee on nomination of officers was presented and unanimously adopted. The Con- stitution was amended so as to render eligible to membership in the Association present members of the Harvard Law School of at least one year's standing, and to provide for the admission of honorary members. The meeting then adjourned, and the members of the Association, with their invited guests, marched to Sanders Theatre, where the following addresses were delivered. EXERCISES IN SANDERS THEATRE. EXERCISES Etf SANDERS THEATRE. PRESIDENT CARTER'S ADDRESS. Gentlemen or the Harvard Law-School Association: I beg to make to you my most grateful acknowledg- ments for the distinguished honor you have conferred upon me in electing me to the office of president. I regard this association of my name with the Harvard Law School, and particularly with such a movement as this, as a most distinguished honor. I. hail this gathering, composed not only of members and recent graduates of the school, but also containing so many men who are veterans in the profession. I hail the undertaking thus inaugurated, as full of the promise of opportunities for publishing more widely the privi- leges, the advantages, which we suppose the institution furnishes. I hail it also as calculated to draw more closely the ties between the school and its graduates, giving them opportunities for observing its methods, for extending criticism perhaps upon them, and in all suitable ways furnishing to it that aid and assistance which the graduates of any educational institution are always capable of affording it. The Harvard Law School I think we may justly consider as occupying, perhaps we ought not to say the first, but certainly no second place among the institutions of the country devoted to legal education. And so far as I have had the opportunities for observ- ing, and so far as I have had the means of knowing, I PRESIDENT CARTER'S ADDRESS. 25 believe that in the methods which are pursued here are to be found, in some respects, greater advantages for the study of the law than are anywhere else ex- hibited. And I think that the institution at no time in the course of its history has been so well provided and so well adapted for purposes of a legal education as now. This Law School in its origin shone, perhaps, with a lustre not altogether its own, but borrowed in some degree from the great forensic renown of the distin- guished men who early became its professors. But it is no disparagement whatever to the great names of Stoiy and Greenleaf — who will ever be held in rev- erent admiration by us — to say that it is not always those who have attained the highest places in the profession of the law, or the highest seats upon the bench, who are the best calculated to impart their knowledge to others. And at the same time it is true, that in the experience we have had for the last half century in legal education new methods have been found, which are better adapted to the purpose than those which were originally pursued. I have sometimes heard criticism upon the School to the effect that it was too much given to the theoret- ical part of legal education, and consequently that its graduates came from it less fitted for the real business and work of a professional life. This impression I believe to be quite erroneous; and I think that the methods that are now pursued, so far as I understand them, are a vast improvement over those with which I was acquainted when I was a member of the School. 26 THE LAW SCHOOL DAY. What is it that students go to a law school to learn % What is it to begin the study of what we call "the law "! What is this thing which we call "law," and with the administration of which we have to deal? Where is it found 1 How are we to know it 1 It is not found in that code which was proclaimed amid the thunders of Sinai. It is not immediately and directly found in the precepts of the Gospel. It is not found in the teachings of Socrates, or Plato, or Bacon. It is found, and it is alone found, in those adjudications, those judgments, which from time to time its ministers and its magistrates are called upon to make in determining the actual rights of men. What was our former method of acquiring it ? Groing primarily to those judgments 1 No. For the most part the basis of legal education was in the study of text-books, the authors of which if they had acquired any knowledge of the law for themselves, must have obtained it by resorting to those original sources. We therefore got it at second hand. I think the result of all investigation concerning the methods by which any science may be best acquired and cultivated, has been to teach us to go to the original sources, and not to take anything at second hand. Now, is this method open to the objection that the study of cases is apt to make the student a mere "case" lawyer! Not at all. The purpose is to study the great and principal cases in which are the real sources of the law, and to extract from them the rule which, when discovered, is found to be superior to all cases. PRESIDENT CARTER'S ADDRESS. 27 And this is the method which, as I understand it, is now pursued in this School. And so far as the prac- tical question is concerned, whether it actually fits those who go out from its walls in the best manner for the actual practice of the law, I may claim to be a competent witness. It has been my fortune for many years to have charge of a considerably diver- sified legal practice ; and the most I have had to re- gret is that it has overwhelmed me so much with mere business that I have had too little time for the close study of the law which my cases have involved. It has been necessary for me to have intelligent assistants, and I have long since discovered that most valuable aid could be derived from the young gradu- ates of this School. I have surrounded myself with them, partly for the reason that I have an affection for the place, and also because I have found them in possession of a great amount of actual acquire- ment, and — what is of more consequence — an accu- racy and precision of method far superior to anything which the students of my day exhibited. This method of studying the law by going to its original sources is no royal road, — no primrose path. It is full of difficulties. It requires struggle. If there is anything which is calculated to try the hu- man faculties in the highest degree, it is to take up the complicated facts of different cases; to separate the material from the immaterial, the relevant from the irrelevant; to assign to each element its due weight and limitation, and to give to different com- peting principles and rules of law their due place in 28 THE LAW SCHOOL DAY. the conclusion that is to be formed. And I know, on the other hand, of no greater intellectual gratifications than those which follow from the solution in this way of the great problems of the law as they successively present themselves. Gentlemen, we must always remain students of the law, and our truest pleasures are found in the devoted study of it for the sake of excellence alone. We are subject to many temptations which tend to divert us from the straight path. The love of notoriety, popu- lar applause, newspaper fame, mere pecuniary suc- cess, all have a tendency to divert from what should be the true professional aim. But he who engages in the rivalries thus invited, will find himself out- stripped in the race by the charlatan and quack. After all, the only solid satisfaction is that which comes to us from the approval and the applause of our own professional brethren, the witnesses of our labors, as the reward of a lifetime of effort. The mightiest of those names which adorn the earliest annals of our profession, — "Those ancient, whose resistless eloquence Wielded at will that fierce deniocratie, Shook the arsenal, and fulmin'd over Greece To Macedon and Artaxerxes' throne," — won their proud pre-eminence only by climbing that same steep and toilsome ascent, beset with difficulty and conquered only by struggle, which lies before — or behind — each one of you. But, gentlemen, I keep you too long from the dis- tinguished speaker whom you have gathered together JUDGE HOLMES'S ORATION. 29 to hear. His name of itself is sufficient to awaken expectations. If the Law were a mistress no more jealous than Medicine, letters might now hope to re- ceive a contribution from the son like those so often made by the renowned father. But the law will put up with no divided homage. The great lawyer, the great jurist, with difficulty gains "the lover's myrtle;" he must forever resign " the poet's bay." " How sweet an Ovid was in Murray lost 1 " But, gentlemen, I think we may all safely assure our- selves that when he comes to speak, whatever he may choose to say, our best attention will be richly re- warded. I have the honor to present to you, gentle- men, Mr. Justice Holmes of the Supreme Judicial Court of Massachusetts. JUDGE HOLMES'S OKATIOK It is not wonderful that the graduates of the Law School of Harvard College should wish to keep alive their connection with it. About three quarters of a century ago it began with a Chief Justice of the Supreme Court of Massachusetts for its Royall pro- fessor. A little later, one of the most illustrious judges who ever sat on the United States Supreme Bench — Mr. Justice Story — accepted a professorship in it created for him by Nathan Dane. And from that time to this it has had the services of great and famous lawyers ; it has been the source of a large part of the most important legal literature which the country has 30 THE LAW SCHOOL DAY. produced; it has furnished a world-renowned model in its modes of instruction ; and it has had among its students future chief-justices and justices, and leaders of state bars and of the national bar, too numerous for me to thrill you with the mention of their names. It has not taught great lawyers only. Many who have won fame in other fields began their studies here. Sumner and Phillips were among the bachelors of 1834. The orator whom we shall hear in a day or two appears in the list of 1840 alongside of William Story, and the Chief Justice of this State, and one of the Associate Justices, who is himself not less known as a soldier and as an orator than he is as a judge. Perhaps, without revealing family secrets, I may whisper that next Monday's poet also tasted our masculine diet before seeking more easily digested, if not more nutritious, food elsewhere. Enough. Of course we are proud of the Harvard Law School. Of course we love every limb of Harvard College. Of course we rejoice to manifest our brotherhood by the symbol of this Association. I will say no more for the reasons of our coming together. But by your leave I will say a few words about the use and meaning of law schools, especially of our law school, and about its methods of instruc- tion, as they appear to one who has had some occasion to consider them. A law school does not undertake to teach success. That combination of tact and will which gives a man immediate prominence among his fellows, comes from JUDGE HOLMES'S ORATION. 31 nature, not from instruction ; and if it can be helped at all by advice, such advice is not offered here. It might be expected that I should say by way of natural antithesis, that what a law school does undertake to teach is law. But I am not ready to say even that, without a qualification. It seems to me that nearly all the education which men can get from others is moral, not intellectual. The main part of intellectual education is not the acquisition of facts, but learning how to make facts live. Culture, in the sense of fruit- less knowledge, I for one abhor. The mark of a master is, that facts which before lay scattered in an inorganic mass, when he shoots through them the magnetic current of his thought, leap into an organic order and live and bear fruit. But you cannot make a master by teaching. He makes himself by aid of his natural gifts. Education, other than self-education, lies mainly in the shaping of men's interests and aims. If you con- vince a man that another way of looking at things is more profound, another form of pleasure more subtile than that to which he has been accustomed, — if you make him really see it, — the very nature of man is such that he will desire the profounder thought and the subtiler joy. So I say the business of a law school is not sufficiently described when you merely say that it is to teach law, or to make lawyers. It is to teach law in the grand manner, and to make great lawyers. Our country needs such teaching very much. I think we should all agree that the passion for equality has passed far beyond the political or even the social 32 THE LAW SCHOOL DAT. sphere. We are not only unwilling to admit that any- class or society is better than that in which we move, but our customary attitude towards every one in authority of any kind is that he is only the lucky recipient of honor or salary above the average which any average man might as well receive as he. When the effervescence of democratic negation extends its workings beyond the abolition of external distinctions of rank to spiritual things ; when the passion for equal- ity is not content with founding social intercourse upon universal human sympathy and a community of interests in which all may share, but attacks the lines of Nature which establish orders and degrees among the souls of men, — they are not only wrong, but ignobly wrong. Modesty and reverence are no less virtues of freemen than the democratic feeling which will submit neither to arrogance nor to servility. To inculcate those virtues, to correct the ignoble excess of a noble feeling to which I have referred, I know of no teachers so powerful and persuasive as the little army of specialists. They carry no banners, they beat no drums ; but where they are, men learn that bustle and push are not the equals of quiet genius and serene mastery. They compel others who need their help or who are enlightened by their teaching, to obedience and respect. They set the example themselves ; for they furnish in the intellectual world a perfect type of the union of democracy with disci- pline. They bow to no one who seeks to impose his authority by foreign aid ; they hold that science like JUDGE HOLMES'S ORATION. 33 courage is never beyond the necessity of proof, but must always be ready to prove itself against all chal- lengers. But to one who has shown himself a master they pay the proud reverence of men who know what valiant combat means, and who reserve the right of combat against their leader even, if he should seem to waver in the service of truth, their only queen. In the army of which I speak, the lawyers are not the least important corps. For all lawyers are special- ists. Not in the narrow sense in which we sometimes use the word in the profession, — of persons who con- fine themselves to a particular branch of practice, such as conveyancing or patents, — but specialists who have taken all law to be their province ; specialists because they have undertaken to master a special branch of human knowledge, — a branch, I may add, which is more immediately connected with all the highest in- terests of man than any other which deals with prac- tical affairs. Lawyers, too, were among the first specialists to be needed and to appear in America. And I believe it would be hard to exaggerate the goodness of their influence in favor of sane and orderly thinking. But lawyers feel the spirit of the times like other people. They like others are forever trying to discover cheap and agreeable substitutes for real things. I fear that the bar has done its full share to exalt that most hate- ful of American words and ideals, " smartness," as against dignity of moral feeling and profundity of knowledge. It is from within the bar, not from out- side, that I have heard the new gospel that learning 34 THE LAW SCHOOL DAY. is out of date, and that the man for the times is no longer the thinker and the scholar, but the smart man, unencumbered with other artillery than the latest edition of the Digest and the latest revision of the Statutes. The aim of a law school should be, the aim of the Harvard Law School has been, not to make men smart, but to make them wise in their calling, — to start them on a road which will lead them to the abode of the masters. A law school should be at once the workshop and the nursery of specialists in the sense which I have explained. It should obtain for teachers men in each generation who are producing the best work of that generation. Teaching should not stop, but rather should foster, production. The " enthusiasm of the lecture room," the contagious in- terest of companionship, should make the students partners in their teachers' work. The ferment of genius in its creative moment is quickly imparted. If a man is great, he makes others believe in great- ness ; he makes them incapable of mean ideals and easy self-satisfaction. His pupils will accept no sub- stitute for realities ; but at the same time they learn that the only coin with which realities can be bought is Life. Our school has been such a workshop and such a nursery as I describe. What men it has turned out I have hinted already, and do not need to say; what works it has produced is known to all the world. From ardent co-operation of student and teacher have sprung Greenleaf on Evidence, and Stearns on Real JUDGE HOLMES'S ORATION. 35 Actions, and Story's epoch-making Commentaries, and Parsons on Contracts, and Washburn on Real Prop- erty ; and, marking a later epoch, Langdell on Con- tracts and on Equity Pleading, and Ames on Bills and Notes, and Gray on Perpetuities, and I hope we may soon add Thayer on Evidence. You will notice that these books are very different in character from one another, but you will notice also how many of them have this in common, — that they have marked and largely made an epoch. There are plenty of men nowadays of not a hun- dredth part of Story's power who could write as good statements of the law as his, or better. And when some mediocre fluent book has been printed, how often have we heard it proclaimed, " Lo, here is a greater than Story ! " But if you consider the state of legal literature when Story began to write, and from what wells of learning the discursive streams of his speech were fed, I think you will be inclined to agree with me that he has done more than any other English-speaking man in this century to make the law luminous and easy to understand. But Story's simple philosophizing has ceased to satisfy men's minds. I think it might be said with safety, that no man of his or of the succeeding genera- tion could have stated the law in a form that deserved to abide, because neither his nor the succeeding gener- ation possessed or could have possessed the historical knowledge, had made or could have made the ana- lyses of principles which are necessary before the cardinal doctrines of the law can be known and under- 36 THE LAW SCHOOL DAY. stood in their precise contours and in their innermost meanings. The new work is now being done. Under the influence of Germany science is gradually drawing legal history into its sphere. The facts are being scrutinized by eyes microscopic in intensity and pano- ramic in scope. At the same time, under the influence of our revived interest in philosophical speculation, a thousand heads are analyzing and generalizing the rules of law and the grounds on which they stand The law has got to be stated over again ; and I ven- ture to say that in fifty years we shall have it in a form of which no man could have dreamed fifty years ago. And now I venture to add my hope and my belief, that when the day comes which I predict, the pro- fessors of the Harvard Law School will be found to have had a hand in the change not less important than that which Story has had in determining the form of the text-books of the last half-century. Corresponding to the change which I say is taking place, there has been another change in the mode of teaching. How far the correspondence is conscious I do not stop to inquire. For whatever reason, the pro- fessors of this school have said to themselves more definitely than ever before : We will not be contented to send forth students with nothing but a ragbag full of general principles, — a throng of glittering gene- ralities like a swarm of little bodiless cherubs flutter- ing at the top of one of Correggio's pictures. They have said that to make a general principle worth any- thing you must give it a body; you must show in JUDGE HOLMES'S ORATION. 37 what way and how far it would be applied actually in an actual system ; you must show how it has gradually emerged as the felt reconciliation of con- crete instances, no one of which established it in terms. Finally, you must show its historic relations to other principles, often of very different date and origin, and thus set it in the perspective without which its propor- tions will never be truly judged. In pursuance of these views there have been substi- tuted for text-books more and more, so far as practi- cable, those books of cases which were received at first by many with a somewhat contemptuous smile and pitying contrast of the good old days, but which now, after fifteen years, bid fair to revolutionize the teaching both of this country and of England. I pause for a moment to say what I hope it is scarcely necessary for me to say, — that in thus giving in my adhesion to the present methods of instruction I am not wanting in grateful and appreciative recol- lection (alas! it can be only recollection now) of the earlier teachers under whom I studied. In my day the dean of this school was Professor Parker, the ex- Chief Justice of New Hampshire, who I think was one of the greatest of American judges, and who showed in the chair the same qualities that had made him famous on the bench. His associates were Parsons, almost if not quite a man of genius, and gifted with a power of impressive statement which I do not know that I have ever seen equalled ; and Washburn, who taught us all to realize the meaning of the phrase which I have already quoted from Vangerow, the ob THE LAW SCHOOL DAY. " enthusiasm of the lecture-room." He did more for me than the learning of Coke and the logic of Fearne could have done without his kindly ardor. To return, and to say a word more about the theory on which these books of cases are used. It has long seemed to me a striking circumstance that the ablest of the agitators for codification, Sir James Stephen, and the originator of the present mode of teaching, Mr. Langdell, start from the same premises to reach seemingly opposite conclusions. The number of legal principles is small, says in effect Sir James Stephen, therefore codify them ; the number of legal princi- ples is small, says Mr. Langdell, therefore they may be taught through the cases which have developed and established them. Well, I think there is much force in Sir James Stephen's argument, if you can find com- petent men and get them to undertake the task ; and at any rate I am not now going to express an opinion that he is wrong. But I am certain from my own ex- perience that Mr. Langdell is right ; I am certain that when your object is not to make a bouquet of the law for the public, nor to prune and graft it by legislation, but to plant its roots where they will grow, in minds devoted henceforth to that one end, there is no way to be compared to Mr. Langdell's way. Why, look at it simply in the light of human nature. Does not a man remember a concrete instance more vividly than a gen- eral principle ? And is not a principle more exactly and intimately grasped as the unexpressed major pre- mise of the half-dozen examples which mark its extent and its limits than it can be in any abstract form of JUDGE HOLMES'S ORATION. 39 words 1 Expressed or unexpressed, is it not better known when you have studied its embryology and the lines of its growth than when you merely see it lying dead before you on the printed page ? I have referred to my own experience. During the short time that I had the honor of teaching in the school, it fell to me, among other things, to instruct the first-year men in Torts. With some misgivings I plunged a class of beginners straight into Mr. Ames's collection of cases, and we began to discuss them to- gether in Mr. Langdell's method. The result was better than I even hoped it would be. After a week or two, when the first confusing novelty w a s over, I found that my class examined the questions proposed with an accuracy of view which they never could have learned from text-books, and which often ex- ceeded that to be found in the text-books. I at least, if no one else, gained a good deal from our daily encounters. My experience as a judge has confirmed the belief I formed as a professor. Of course a young man cannot try or argue a case as well as one who has had years of experience. Most of you also would proba- bly agree with me that no teaching which a man re- ceives from others at all approaches in importance what he does for himself, and that one who has simply been a docile pupil has got but a very little way. But I do think that in the thoroughness of their training and in the systematic character of their knowledge, the young men of the present day start better equipped when they begin their practical experience than it was 40 THE LAW SCHOOL DAY. possible for their predecessors to have been. And although no school can boast a monopoly of promising young men, Cambridge, of course, has its full propor- tion of them at our bar ; and I do think that the meth- ods of teaching here bear fruits in their work. •I sometimes hear a wish expressed by the impatient that the teaching here should be more practical. I remember that a very wise and able man said to a friend of mine when he was beginning his professional life, "Don't know too much law," and I think we all can imagine cases where the warning would be useful. But a far more useful thing is what was said to me as a student by one no less wise and able, — afterwards my partner and always my friend, — when I was talk- ing as young men do about seeing practice, and all the other things which seemed practical to my inex- perience, "The business of a lawyer is to know law." The professors of this law school mean to make their students know law. They think the most practical teaching is that which takes their students to the bottom of what they seek to know. They therefore mean to make them master the common law and equity as working systems, and think that when that is ac- complished they will have no trouble with the im- provements of the last half-century. I believe they are entirely right, not only in the end they aim at, but in the way they take to reach that end. Yes, this school has been, is, and I hope long will be, a centre where great lawyers perfect their achieve- ments, and from which young men, even more inspired by their example than instructed by their teaching, go JUDGE HOLMES'S ORATION. 41 forth in their turn, not to imitate what their masters have done, but to live their own lives more freely for the ferment imparted to them here. The men trained in this school may not always be the most knowing in the ways of getting on. The noblest of them must often feel that they are committed to lives of proud dependence, — the dependence of men who command no factitious aids to success, but rely upon unad- vertised knowledge and silent devotion ; dependence upon finding an appreciation which they cannot seek, but dependence proud in the conviction that the knowledge to which their lives are consecrated is of things which it concerns the world to know. It is the dependence of abstract thought, of science, of beauty, of poetry and art, of every flower of civilization, upon finding a soil generous enough to support it. If it does not, it must die. But the world needs the flower more than the flower needs life. I said that a law school ought to teach law in the grand manner; that it had something more to do than simply to teach law. I think we may claim for our school that it has not been wanting in greatness. I once heard a Russian say that in the middle class of Russia there were many specialists ; in the upper class there were civilized men. Perhaps in America, for reasons which I have mentioned, we need specialists even more than we do civilized men. Civilized men who are nothing else are a little apt to think that they cannot breathe the American atmosphere. But if a man is a specialist it is most desirable that he should also be civilized ; that he should have laid in the out- 42 THE LAW SCHOOL DAY. line of the other sciences as well as the light and shade of his own ; that he should be reasonable, and see things in their proportion. Nay, more, that he should be passionate as well as reasonable, — that he should be able not only to explain, but to feel; that the ardors of intellectual pursuit should be relieved by the charms of art, should be succeeded by the joy of life become an end in itself. At Harvard College is realized in some degree the palpitating manifoldness of a truly civilized life. Its aspirations are concealed because they are chastened and instructed ; but I believe in my soul that they are not the less noble that they are silent. The golden light of the University is not confined to the under- graduate department ; it is shed over all the schools. He who has once seen it becomes other than he was, forever more. I have said that the best part of our education is moral. It is the crowning glory of this Law School that it has kindled in many a heart an inextinguishable fire. At the conclusion of Judge Holmes's oration, the members of the Association and their invited guests, preceded by the band, marched to the Hemenway Gymnasium, where the dinner took place. PRESIDENT CARTER'S ADDRESS. 43 THE DINNER. At 2.35 p. M. the company, to the number of about four hundred, sat down to dinner. Hon. James C. Carter, of New York, President of the Harvard Law School Association, pre- sided. Upon his right sat Judge Oliver Wendell Holmes, Jr., Prof. C. C. Langdell the Dane Professor, Gen. Alexander R. Lawton of Georgia, Hon. George 0. Shattuck, Prof. James B. Thayer, Hon. E. Rockwood Hoar, Judge Thomas M. Cooley of Michigan, and Prof. James Barr Ames ; on the left of the presiding officer were President Eliot, Hon. Samuel E. Sewall, Hon. R. M. Morse, Jr., Judge Nathaniel Holmes, Hon. Dorman B. Eaton, Hon. Darwin E. Ware, Prof. John C. Gray, Prof. William A. Keener, and Dr. Mandell Creighton of Em- manuel College, Cambridge, England. Before and between the speeches the Germania Orchestra rendered musical selec- tions. At the close of the dinner President Caeter called the company to order. PRESIDENT CARTER'S ADDRESS. Gentlemen, — I think we may felicitate ourselves upon the auspicious commencement of this associa- tion. At least, so far as it has gone it could not have been better. Our friend Judge Holmes spoke in his oration of the grand manner in which the law ought to be studied and taught. To me, who come back to Cambridge rarely, and whose recollections of this place are as it was — I won't say how many years ago, — everything seems to be grand. From what grander building could we have marched than from 44 THE LAW SCHOOL DAY. Austin Hall? To what grander building could we have gone to listen to our oration than the one in which we heard it! What grander oration could we have had? In what grander building could we have our dinner, than the one in which we are now assembled, — if it is possible for anything to be heard in it, which I somewhat doubt. Well, gentlemen, here we are, a lot of lawyers col- lected together all by ourselves. It is a rare occasion. It is rare for an assembly to be composed exclusively of lawyers. You know what they used to say of the Roman augurs, that whenever they met each other in the street they used to smile. And if half of what is said of lawyers be true, we ought all of us to be on a broad grin now. The wits and satirists of all ages have sat down on us pretty heavily. We have been accused of being the fomenters of strife, of grinding the faces of the poor, of being mere sophists, of dis- regarding the truth, of dwelling upon the quips and quirks and trifles. There is no form of imposture which has not at some time or other been imputed to us. Well, now, I suspect that pretty much all the wit and point of that lies in its incongruity and its falsity. Occasionally, unworthy members of the profes- sion do of course appear; and the incongruity be- tween those and what the profession is generally found to be, and what it ought to be, is so great as to become ludicrous. But when we look for the real estimate in which lawyers and the legal pro- fession are held by the community at large, we have PRESIDENT CARTER'S ADDRESS. 45 better evidence upon which to rely. I suppose three fourths at least of all the members of the Congress of the United States from the organization of the govern- ment have been lawyers. The statutes of the United States to-day, — are they not a monument of their learning, their devotion, their patriotism, and their skill ? The great majority of the Legislatures in all the States of the Union are, and ever have been, composed of lawyers. The great executive officers and magistrates of the States are for the most part lawyers. And what, let me ask, would the community do if the profession of the law were stricken from the pur- suits of human life? If there are great pecuniary trusts to be reposed, to whom are they so frequently intrusted as to lawyers 1 And how rarely is the trust betrayed ! Those last confidences which every one hugs to his bosom are freely and fully imparted to lawyers ; and how seldom is that trust betrayed ! Why, I remember, not very long ago, that a reverend gentleman — whose name, were I at liberty to men- tion it, you would at once recognize as that of one of the most eminent and distinguished of your divines — said to me that upon a certain occasion he was called upon by another to give advice upon a most impor- tant piece of conduct. He gave to it his best reflec- tion, and came to his conclusion. But such was his sense of the importance of the business, and such he thought to be its difficulty, that he could not feel suffi- ciently assured of the correctness of his conclusion. He wished light from others. The question had nothing 46 THE LAW SCHOOL DAY. to do with property; nothing to do with any legal right. It was a purely moral question, but deeply affecting character, deeply affecting reputation. He did .not go to the members of his own profession ; he went neither to theologians nor to moralists. He went to a lawyer, and among lawyers to one whose name, were I at liberty to mention that, you would recognize as one of the most distinguished among you, — and not one of those who would be consid- ered as of the spiritually minded sort, but a strictly business, professional lawyer. He submitted the prob- lem to him, and received an answer confirming his own conclusion, but accompanied with reasons so luminous and so satisfactory that all doubt was ban- ished from his mind. We have some right to say, therefore, that the teachings of the law, as they are pronounced by its highest ministers, inform us quid sit pulchrum, quid rectum, quid turpe, quid utile, quid non a good deal better than those of Chrysippus or Crantor. Now, why is this ! Surely not for the reason that lawyers are any better than other classes of men : no one of us surely will set up a pretence of that sort. It is, I imagine, because our pursuits, our thoughts, our labors have to do with the direct, the immediate, the tangible interests of mankind, — with property, with liberty, and with life. It is because upon the strength of our determination property passes from one hand to another, or the question is settled whether one shall occupy the cell of a penitentiary or breathe the air of freedom. It is because those all-important PRESIDENT CARTER'S ADDRESS. 47 present interests have ever refused, and will forever refuse, to submit to any other determinations than those founded upon the everlasting basis of truth and right, or so much of that everlasting basis as can be apprehended and applied by the wisest and the best of our race. Now, gentlemen, I have already made my speech over in yonder building, and I am not going to inflict upon you another. I find myself upon this elevated platform, and it looks to me for all the world as if this were a bench of judges here, and I the Chief Justice, and you members of the Bar. I shall therefore treat these gentlemen on my right and left as puisne jus- tices, and I shall not consult them as to the order of proceedings here. They will of course speak when they are spoken to, and give their opinions when they are called upon. We have in the city in which my labors are spent what they call a short calendar, — and it is called on Friday, too, — and it means causes that take up very little time indeed, and it means causes for the most part that have no merits. I pro- pose to take up that short calendar. From time to time I shall call those cases that are set down on it. The calendar was not made up by me, but by the clerk of the court. And I think — and you must all agree with me upon this occasion — that the first honors are due to that great school of the law to which we all of us, or most of us, owe so much. I shall, therefore, first present to you Professor Langdell, the Dane Professor. 48 THE LAW SCHOOL DAY. Professor Langdell, upon arising, was received with pro- longed applause and three rousing cheers. When permitted to proceed, he spoke as follows : — PROFESSOB LANGDELL'S ADDEESS. Gentlemen of the Harvard Law School Association: I am very grateful for this unexpected greeting. You will be surprised to learn that this is the second time that your President has called upon me to speak for the Harvard Law School. The first time was nearly seventeen years ago, when I was about to as- sume the duties of Dane professor. And I do not know that I can do better than begin now where I left off then. On that occasion I called attention to the anomalous condition of legal education in English- speaking countries, — the anomaly consisting in the fact that in those countries a knowledge of law had been acquired, as a rule, only by or in connection with its practice and administration, while in all the rest of Christendom law has always been taught and studied in universities. And I ventured to express the opin- ion, that the true interests of legal education in this country required that in this respect we should not follow longer in the footsteps of England, but should bring ourselves into harmony with the rest of the civ- ilized world. Since that time I have not concerned myself with legal education outside of the Harvard Law School; but I have tried to do my part towards making the teaching and the study of law in that School worthy PROFESSOR LANGDELL'S ADDRESS. 49 of a university ; towards making the venerable insti- tution of which we are celebrating the two hundred and fiftieth anniversary a true university, and the Law School not the least creditable of its departments ; in short, towards placing the Law School, so far as dif- ferences of circumstances would permit, in the posi- tion occupied by the Law Faculties in the universities of continental Europe. And what I say of myself in this respect I may, with at least equal truth, say of all my associates. To accomplish these objects, so far as they de- pended upon the Law School, it was indispensable to establish at least two things : first, that law is a science ; secondly, that all the available materials of that science are contained in printed books. If law be not a science, a university will best consult its own dignity in declining to teach it. If it be not a science, it is a species of handicraft, and may best be learned by serving an apprenticeship to one who practises it. If it be a science, it will scarcely be disputed that it is one of the greatest and most difficult of sciences, and that it needs all the light that the most enlightened seat of learning can throw upon it. Again, law can only be learned and taught in a university by means of printed books. If, therefore, there are other and bet- ter means of teaching and learning law than printed books, or if printed books can only be used to the best advantage in connection with other means, — for instance, the work of a lawyer's office, or attendance upon the proceedings of courts of justice, — it must be confessed that such means cannot be provided by a 50 THE LAW SCHOOL DAY. university. But if printed books are the ultimate sources of all legal knowledge ; if every student who would obtain any mastery of law as a science must resort to these ultimate sources ; and if the only assist- ance which it is possible for the learner to receive is such as can be afforded by teachers who have trav- elled the same road before him, — then a university, and a university alone, can furnish every possible facility for teaching and learning law. I wish to emphasize the fact that a teacher of law should be a person who accompanies his pupils on a road which is new to them, but with which he is well acquainted from having often travelled it before. What qualifies a person, therefore, to teach law is not experience in the work of a lawyer's office, not experience in deal- ing with men, not experience in the trial or argument of causes, — not experience, in short, in using law, but experience in learning law ; not the experience of the Roman advocate or of the Roman praetor, still less of the Roman procurator, but the experience of the Roman juris-consult. My associates and myself, therefore, have con- stantly acted upon the view that law is a science, and that it must be learned from books. Accordingly, the Law Library has been the object of our greatest and most constant solicitude. We have not done for it all that we should have been glad to do, but we have done much. Indeed, in the library of to-day one would find it difficult to recognize the library of seven- teen years ago. We have also constantly inculcated the idea that the library is the proper workshop of PROFESSOR LANGDELL'S ADDRESS. 51 professors and students alike ; that it is to us all that the laboratories of the university are to the chemists and physicists, all that the museum of natural history is to the zoologists, all that the botanical garden is to the botanists. From what I have already said it easily follows, first, that a good academic training, especially in the study of language, is a necessary qualification for the successful study of law ; secondly, that the study of law should be regular, systematic, and earnest, not intermittent, desultory, or perfunctory; thirdly, that the study should be prosecuted for a length of time bearing some reasonable proportion to the magnitude and difficulty of the subject. Accordingly, to secure the first of these objects, we have established an exam- ination for admission for such as are not graduates. To secure the third, we have made three years of study necessary in all cases for a degree. To secure the second, we have done several things. First, we have established a course of study which we require to be pursued in the prescribed order. Secondly, we have established annual examinations to be held at the end of each year in the work of that year. Thirdly, we require every candidate for a degree to pass his exam- inations in the studies of the first year at the end of his first year as a condition of being admitted into the second year, and in the studies of the second year as a condition of being admitted into the third year ; and we do not permit any one to pass his examinations in the studies of any year unless he has been regularly admitted into that year at the beginning of the year. 52 THE LAW SCHOOL DAY. In other words, we do not permit any one to pass examinations in any studies except those of the year to which he belongs. Fourthly, we have increased the amount of instruction, in the last seventeen years, from ten hours a week to thirty-six hours a week. This enables us to give the whole of the three years' course every year, thus giving to each class its appro- priate instruction. The result of all these measures is that the School is strictly divided into three classes, each class doing the work which belongs to its year, and every man having the strongest possible inducements to do his work as it should be done and when it should be done. Let it not be supposed that we are unmindful of the work of our predecessors ; we should indeed be un- grateful if we were. We do not forget that they began with nothing, while we have enjoyed the fruits of all their labors. We do not wish to disguise the fact that we could not have done our work, had we not had the labors of our predecessors to build upon as a foundation. Nor are we unmindful of the support and encour- agement which we have constantly received from the President of the University. He has never hesitated, wavered, or faltered when any responsibility was to be assumed or work to be done. Lastly, we are not unmindful of the support we have received from the students of the School, both while they were in the School and since they have left it. Without their support and co-operation, the various measures to which I have referred (many of HON. SAMUEL E. SEW ALL'S ADDRESS. 53 which could not have been expected to be popular measures) could never have been maintained. It has been in a great degree the eagerness with which they have always encountered difficulties, the ability with which they have followed the subtlest lines of reason- ing, and detected the slightest flaws or sophistries in argument, and the persistence with which they have refused to be satisfied so long as any doubt remained in their minds to be cleared up, that has given to the instructors such success as they have achieved. Finally, it is almost wholly to their testimony, both while in the School and after leaving it, that the School is indebted for such public recognition as it has received. The President : Gentlemen, the origin of our School does not go back into the remotest antiquity. I rather supposed myself to be about the oldest graduate ; but I find that there are others here who surpass me in that particular. We are fortunate in having among us a gentleman who entered the School at its very origin, and who, having passed through a long career of usefulness in his profession, remains at a green old age to take satisfaction in our present enterprise. I beg to present to you Hon. Samuel E. Sewall. Mr. Sewall received a very enthusiastic greeting, at the conclusion of which he said : — HON. SAMUEL E. SEWALL. Me. President, — It gives me the highest pleasure to meet so large an assembly of lawyers, especially when they are engaged in so noble a work as the 54 THE LAW SCHOOL DAY. improvement of legal education, and assisting the Harvard Law School. When I look back upon my early entrance upon the profession, I see that the state of law at that time, especially the remedial part of it, was wretched. I seem to have lived in the dark ages. The first principle was that no man, excepting in certain special cases, could be a witness for himself. That was the strong principle on which the law was based. And no person that had the slightest interest in a case could be a witness for the party to be bene- fited by his testimony. The first principle, at that time, of remedial law was, in England and all over the United States, to exclude one of the best means of obtaining evidence and getting at truth. Wise men seemed to think, in those days, that to exclude any sort of evidence was to assist at getting at the truth, because all men were liars. That, you know, is all changed. Then the next miserable thing in our law was the state of pleading. The artificial logical system, by which it was sup- posed that justice was promoted, proved in practice a complete failure; and every person who practised at that time will admit, I think, that it was a terrible period. Either a plaintiff or defendant might be driven out of court upon a point of pleading which had nothing to do with the real merits of the action or the defence. Now, I repeat, that was a wretched state of things. Then, also, we may look a little further. We find that the Supreme Court had not full equity juris- diction. Their equity jurisdiction was exceedingly HON. SAMUEL E. SEW ALL'S ADDRESS. 55 meagre ; and it frequently happened that a man had a good case in law, — that is, had a right which was recognized by all the courts, — but the remedies of the common law were entirely insufficient to vindicate those rights. He could not get an injunction in many cases ; he could not bring an action to enforce the specific performance of a contract ; and in many ways in which the direct remedies of equity would be use- ful the common law refused to act. This was ac- knowledged by the courts, and has all been remedied since by our Supreme Court gaining full equity jurisdiction. Then there is another thing which at that time was very bad. We had no Court of Insolvency. Fre- quently nothing was done when a man failed ; but a scramble of the creditors to attach his property en- sued. If he made an assignment, the assignment was not always just, — that is, it did not put all the cred- itors upon an equality. There has been no remedy known for this except an insolvency system. A na- tional bankrupt act would be more perfect if we could get one; but, so far as the State goes, our insolvency system is a very good one. All these defects in legal remedies have, as you know, been to a great extent removed. I might go further, and specify other branches of the law that have been improved ; but I do not think it would be just to trespass upon your time in that way. It seems to me indeed, that, taking it alto- gether, the present state of the law in Massachusetts, as amended by statute, is as great an improvement 56 THE LAW SCHOOL DAY. upon the old system as that magnificent Austin Hall is over the humble place in which I studied law. There is one branch of the law, however, which has been greatly expanded since I began practice, and that is the abstruse doctrine of fees and retainers, which has been studied with great success, not only in this State, but, I believe, still more in our sister State of New York. In that State, indeed, the re- searches of the profession have really thrown a golden light on this subject. The Pbesident : I will not at this time enter into any controversy with my venerable friend in regard to New York practices. I must allow him to have his way in that partic- ular ; besides, I suspect there is great truth in it. That comity, gentlemen, which is taught by the law, and which I hope will always be practised, advises us, and for other rea- sons it is entirely agreeable, that we should hear, if possible, some gentlemen of the legal profession in other parts of the country. We now have with us a distinguished gentleman from Michigan. I beg to introduce to you Hon. Thomas M. Coolet, late Chief Justice of Michigan. Judge Cooley, on rising, was greeted with applause. He said : — HON. THOMAS M. COOLEY. Coming from a distant State to look in upon Har- vard in the day of its festivity, I have something of that feeling which we may suppose would have thrilled the explorer, Ponce de Leon, if in his search for the fountain of youth he had found the myth a reality, and been permitted a sight of the waters of perennial -HON. THOMAS M. COOLEY'S ADDRESS. 57 renovation. For here, indeed, we stand in the pres- ence of a true fountain of perpetual youth. Empires will be built up and be overthrown, but Harvard goes on forever, with a perpetual renewal of lusty youth, and a perpetual taking on of new vigor and new capa- bilities. For Harvard there is neither fear of time, nor doubt of time's beneficence ; and while trees grow and waters run, this school of learning will be noting the vicissitudes of nations, as they rise and fall, and calmly teaching the moral of their story to the youth of successive generations. But the Law School of Harvard, which more im- mediately receives our attention to-day, has a life and a vigor of its own, which has impressed the political institutions of the country more than most of us per- haps have realized. You who have gathered in this hall for good fellowship and pleasant reminiscence, though yourselves a part of its strength and its great- ness, will very naturally have the Law School in mind in its personal rather than its general aspects ; but one who unfortunately cannot claim the personal re- lation, but who nevertheless for many years has observed how Harvard, by its teachings and by the leadership of strong minds, has built itself into the political institutions of the land, making every com- monwealth and every municipality the better for its sound law and wholesome constitutional doctrine, must be permitted to look beyond the membership, and to say a word of results which have been the most strik- ing and impressive of all its grand realities. Those who are of the brotherhood may take delight in the 58 THE LAW SCHOOL DAY. men who, in the forum or the senate, have made the Law School famous ; but one who is not of the house- hold may as an American indulge his patriotic pride in contemplating what it has done for the whole country, and in confident anticipation of what it will do hereafter. Its beneficent influence has not been bounded by State lines, or limited to sectional divi- sions. The most adventurous pioneer who pene- trates the remote wilderness is likely, if his rights are brought in controversy, to find them determined on the authority of Harvard's great teachers ; and the political philosopher who studies the constitutional unity in diversity which the founders of the Eepublic hoped for but did not live to realize, will remember that the teachings of the Harvard Law School led steadily up to the great consummation, and that there went out from it an influence, born not less of con- viction than of sentiment, which in the hour of na- tional peril was as necessary to unity as the army itself. Indeed, it was the firm belief in the Federal Constitution as an instrument of indissoluble union that made an invincible army possible ; so that it is no small part of the just renown of Harvard that its legal oracles perceived the truth from the first, and maintained the faith, and taught it until it became irresistible. It has been my fortune to be to some extent in various ways a teacher of the law; and in what I have done in that field I have taken pleasure in seek- ing wisdom from Harvard, and in accepting its guid- ance, — whether in presenting the principles of right HON. THOMAS M. COOLEY'S ADDRESS. 59 which lie at the foundation of our inherited institu- tions, or in pointing out the necessary dependence of true liberty upon steady administration of law, or in inculcating the nobility of the lawyer's calling, which should be at once the effective instrument of justice and of true benevolence. If my efforts have not been in vain, I have done something to make the fact ob- vious, that, aside from physical needs, the State is most of all dependent for the happiness of its people upon a clear recognition and ready acceptance of the rules which determine and protect our rights. The sense of security, upon which public content not less than public liberty depends, must spring mainly from a steady administration of just laws ; and we fail to appreciate the dignity of our profession if we look for it either in profundity of learning or in forensic triumphs. These, however striking and notable, are only means to the great end for which the profession exists. Its reason for being must be found in the effective aid it renders to justice, and in the sense it gives of public security through its steady support of public order. These are commonplaces, but the strength of the law lies in its commonplace character ; and it becomes feeble and untrustworthy when it expresses something different from the common thoughts of men. Harvard in the past has been a great school of the common law ; and it will be a great school of a nobler common law in the future, as the common law improves with an improving and elevating humanity. So may it be ! And we in the distant "West, whether between the 60 THE LAW SCHOOL DAY. great lakes, or on the boundless prairies, or over the snow-crowned mountains, will bare our heads to it reverently as we behold it still " nourishing a youth sublime," while its " centuries behind it like a fruitful land repose." The President : Of course we are all of the opinion that the Law School is by far the most important department of the University ; but at the same time we must not forget that the University does exist, and should be noticed on this occasion. Allow me, therefore, to present to you President Eliot. PKESIDENT ELIOT. As President Eliot rose he was greeted with tremendous applause and " Pair Harvard." After the applause had sub- sided, he said : — Mr. President and Gentlemen, — Formerly it was not the custom for the President of Harvard College to have anything to do with the professional schools. I remember the first time I went into Dane Hall after I was elected President. It was in the autumn of 1869, a few weeks after the term began. I knocked at a door, which many of you remember, — the first door on the right after going through the outside door of the Hall, — and, entering, received the usual salu- tation of the ever genial Governor Washburn, " Oh, how are you! Take a chair," — this without look- ing at me at all. "When he saw who it was, he held up both his hands with his favorite gesture, and said, " I declare, I never before saw a President of Harvard PRESIDENT ELIOT'S ADDRESS. 61 College in this building ! " Still, all precedent to the contrary notwithstanding, I did propose to make my- self acquainted with the needs and plans of all the departments, and particularly of the Law School as one of the most important. Then and there I took a lesson under one of the kindest and most sympathetic of teachers. The next winter Professor Parsons, one of the veter- ans of the School, resigned, and the Dane professorship became vacant. Then I remembered that when I was a junior in college, in the year 1851-1852, and used to go often in the early evening to the room of a friend who was in the Divinity School, I there heard a young man who was making the notes to " Parsons on Con- tracts " talk about law. He was generally eating his supper at the time, standing up in front of the fire and eating with good appetite a bowl of brown bread and milk. I was a mere boy, only eighteen years old ; but it was given to me to understand that I was listen- ing to a man of genius. In the year 1870 I recalled the remarkable quality of that young man's exposi- tions, sought him in New York, and induced him to become Dane professor. So he became Professor Langdell. He then told me, in 1870, a great many of the things he has told you this afternoon : I have heard most of his speech before. He told me that law was a science: I was quite prepared to believe it. He told me that the way to study a science was to go to the original sources. I knew that was true, for I had been brought up in the science of chemistry myself; and one of the first rules of a conscientious 62 THE LAW SCHOOL DAY. student of science is never to take a fact or a principle out of second-hand treatises, but to go to the original memoir of the discoverer of that fact or principle. Out of these two fundamental propositions, — that law is a science, and that a science is to be studied in its sources, — there gradually grew, first, a new method of teaching law ; and secondly, a reconstruction of the curriculum of the School. So, with great patience, in the course of fifteen or six- teen years, chiefly, as Professor Langdell has pointed out, by the steady devotion of the professors to a pol- icy of thoroughness, and through the zeal and intel- ligence with which that policy has been apprehended and adopted by the most successful students of the School, — gradually, as I say, building on all that was good in the past, this School has been converted into a scientific school of law without losing its best qualities as a practical school of law. I have witnessed no change in the University during the last seventeen years which is more satisfactory to all those who have taken part in it, or more important with refer- ence to the ultimate interests of the community, than this development. I need not say that I have seen four professors added to the Faculty since Professor Langdell's ac- cession ; and if genius be a remarkable capacity for work, they are all men of genius. Gentlemen, in the presence of this distinguished assembly of lawyers it would be unbecoming in me, who am the only layman present, to say more. No University event has been more agreeable to me GEN. ALEXANDER R. LAWTON'S ADDRESS. 63 during the last seventeen years than the institution of this Association. For it tells all of us who have our hearts in this School and earnestly desire its future prosperity, that the School is to receive that without which no professional school can greatly prosper, — the cordial support of the profession which it feeds. The President: I think, gentlemen, that it was always one of the passions, so to speak, of those who have presided over the destinies of the Law School to cultivate the senti- ment of the unity of our nation. Some of them passed away before that fearful conflict came which rent it in twain. I think, however, it is a most fortunate circumstance that we inaugurate the present movement with a reunited land, which gives us the advantage of hearing from those former members of the School who came from the South, — a pleasure of which we might otherwise be deprived. And I now have the pleasure of introducing to you Gen. Alexander R. Lawton, of Georgia, who graduated from the Law School in 1842. GEN. ALEXANDER E. LAWTON. As General Lawton rose, Mr. Roger Wolcott proposed " three cheers for General Lawton, of Georgia," which were vigorously given, and were followed by loud applause. When this had subsided, General Lawton said : — It seems that my place in the " short calendar " has been reached. I promise to keep within the time prescribed. You will doubtless discover also that my part is in keeping with that other characteristic as- cribed to the short calendar by our President, — " there is very little in it." 64 THE LAW SCHOOL DAY. When I was kindly invited to join with those who had been members of the Harvard Law School in forming this Association, I was much impressed by a sentence in the address of your presiding officer at the preliminary meeting, as reported in a newspaper which reached me at the same time. " Fortunately," said he, "there is now no serious danger of a physical disruption of this great government, but possibly of a chemical disintegration for want of that connection and association with and knowledge of each other which lead to mutual confidence and affection," — and gave that as a good reason for thus calling us together. I believe it was the gentleman on my right [turning to Hon. George O. Shattuck] who uttered this sentiment, and I heartily indorse and respond to every word of it. It seems to me that, next to the promotion of the highest order of legal education, the very object for which we should come together is to supply that de- ficiency and avert that danger. How much better do we of the North and the South really know each other now than we did twenty-five years ago, before the great collision took place ! We have learned by contact ; and the world now knows, as matter of history, that it was not all temper and ebullition on the one side, nor all calculation and money-loving on the other, — as many on both sides had believed. The great struggle has demonstrated that sentiment existed and controlled in the highest degree in this colder region, where money-loving and money-getting were supposed by some to have absolute sway, — that under a warmer sun heroic endurance of GEN. ALEXANDER R. LAWTON'S ADDRESS. 65 suffering, of loss, of poverty, of disappointment, was exhibited to an extent rarely if ever seen before in the history of war, where ebullitions of temper and momen- tary displays of courage were believed to constitute the great gifts of that people. I invade not the domain of politics, and only allude to sectional strife that we may discover how much has been accomplished by actual association, better knowledge, and even physical con- tact with each other, — though much of that contact may have occurred on the field of battle. Having learned more fully to appreciate the differ- ences caused by origin, climate, early training, occu- pation, and other belongings, we now know that it is not possible, nor indeed desirable, in a country with such an area as this — thirty-eight States and numer- ous Territories — for all to be alike in feelings, views, habits, and manners. Thank God ! we can now come together without explanation or apology, and confi- dently expect that these minor differences will not merely be tolerated but appreciated, in order that, where unity and concentration are of greatest im- portance, we may the more readily move on together in solid phalanx. For my part, gentlemen, having enjoyed the advan- tages of the Harvard Law School in the last days of Story and Greenleaf, you will pardon me if I am not only loyal to their memories, but also to their methods of teaching, from which I derived not only such sincere pleasure, but so large a part of whatever professional training I ever received. Without referring, except in praise, to your present methods of instruction, in 66 THE LAW SCHOOL DAY. this presence, I stand by the men and the methods of that day. Unlike the distinguished gentleman on my left [Judge Cooley], I am moved by pleasant memories and "personal experience" amid these surroundings, and cannot refer to them without emotion. What a privilege to sit under the teachings of Story and Greenleaf ! No man with intellect or soul could fail to appreciate it. I speak not here of those grander gifts and attainments which gave to Story his world- wide reputation; but who that ever felt their influ- ence can forget his genial manner, happy temper, and charming methods of beguiling you into a love of the law ? Some of you have seen him preside at a Moot Court, when he would say, "Gentlemen, this is the High Court of Errors and Appeals from all other courts in the world; " then he would add, " Tell me not of the last decided case having overruled any great principle, — not at all. Give me the principle, even if you find it laid down in the Institutes of Hin- du Law." Pardon me for enjoying the conviction that such methods were not vicious, even though an- tiquated ! I well remember in what terms of exalted praise the Chief Justice of England spoke of Green- leaf, at an entertainment where it was my fortune to be present. He declined to regard his fame as all be- longing to us, but said that England claimed him as well, and that "wherever there is an English-speaking people living under English law, Greenleaf is recog- nized as high authority." It was through these men — their example and their teachings — that I was brought into loving association with Harvard and its GEN. ALEXANDER R. LAWTON'S ADDRESS. 67 surroundings. I can never forget and only desire to perpetuate them. I travel not far out of this line of thought when I add, that the advantages of Harvard in all its departments are most happily affected by social surroundings and a literary atmosphere. The most cultivated community in America adds all its attractions to the sterner opportunities within college walls, and these unite to reach the happiest results. In attaching so much importance to this "face to face " instruction, we may be met by the scholar with a protest. " Come with me to the library," he says ; " there learn from books, through which the great, the wise, the gifted of earth, not as they lived in mate- rial forms with the frailties of our common humanity about them, but as in moments of purest inspiration and sublimest achievement made their thoughts and themselves immortal." I still venture to insist on the greater advantages of that method of instruc- tion, where the voice and eye and ear all combine to stimulate and enlighten, and the human countenance, with its magnetic power, leads on to affection, desire, and accomplishment. One word more, and I take my seat. Gentlemen of the legal profession, during that period of darkness familiarly known as the "reconstruction period" the first ray of light to illumine it was flashed forth from the judicial department of the government. When that South-land was under military-proconsular gov- ernment, and divided into "Districts Number One, Two, Three," we trembled for the autonomy of the States, and feared lest the lines of State authority had 68 THE LAW SCHOOL DAY. become so dim that they might nevermore be seen by that unhappy people. Then it was that out of our profession, in a case at law earnestly argued and solemnly decided, the Supreme Court of the United States electrified the country and gladdened our hearts by the announcement that this is "an indissoluble Union of indestructible States." Who so bold as to seriously dispute it, after the highest Court in the land, with the recent past in view, thus proclaimed the fundamental law of this dual government 1 Noth- ing is so powerful to convince or restrain as a formal judicial decision reached through regular channels. Nothing that Congress could have said, no utterances from pulpit or public meeting, could have been so comforting or reassuring in that hour of suffering and uncertainty. And thus are we permitted to claim for our noble profession the first rank in the final disposition of great and pressing questions. Brethren of the Bar, what event can make us feel more proud of our profession? I fear that I have been beguiled by my theme to break my promise and forget the limit of time as- signed me. May we often meet again as we do to- day ! I came with happy memories of Harvard and its belongings, in the long-gone past. I shall now go away with relations to it made still happier and more tender by the events and recollections of to-day. The President : Gentlemen, the great and principal object, after all, of a legal education is to minister to the actual busi- ness of life, and to create a profession the members of which in the actual business of life shall be able to bear their part. HON. GEORGE O. SHATTUCK'S ADDRESS. 69 And it is very important that that class of men should cor- rectly appreciate and be correctly appreciated by this School. I am going to call upon a gentleman who is a representative of that class. I beg to present Hon. George 0. Shattuck, of Boston. HON. GEORGE 0. SHATTUCK. Gentlemen op the Harvard Law-School Association : The Bar took no part in laying 1 the foundations of Harvard College. We can make no claim here to-day by reason of that service. Although some of the men — those eminent and sagacious men — who promoted the founding of this college had read law in England, the atmosphere was not favorable to the practice of the law, and in 1636 there were no lawyers in the infant colony. It was most unfortunate for the colony. No man can read the gloomy records of the seventeenth century without regret that those dismal years of poverty and theological strife were not illumined by the gladsome light of jurisprudence. So feeble were the beginnings, that Harvard College had arrived at the age of more than fifty years before she gave birth to one properly educated lawyer. Judge Benjamin Lynde is believed to have been the first. It was not until after the Revolution, after the college had arrived at the ripe age of one hundred and forty-eight years, that she admitted a lawyer to her councils to take part as a member of the corporation. The man who re- ceived this honor was John Lowell, and from that day to this the name has been illustrious in the annals of 70 THE LAW SCHOOL DAY. the college ; and if I may quote the opinion of Dr. Walker, given twenty-five years ago, it ought to stand first among the benefactors of Harvard College and of the city of Boston. From that day, when the college first received the wise counsel of one of our brethren, the Bar has never been without a strong representation in its manage- ment. For a century the Bar has given its best to the college. In the corporation have been Theophilus Parsons, Christopher Core, Charles Jackson, Harrison Cray Otis, Joseph Story, Lemuel Shaw, Benjamin R. Curtis, Charles G. Loring, Ceorge T. Bigelow, and others among the living whom I will not name. Chris- topher Core was for many years the largest benefactor of the college. Since the overseers have been elected by the alumni, the majority of that body have been bred to the law. Some of them, it is true, have wan- dered from its rugged paths into the more inviting fields of literature and politics, but I can safely say that the great educational movement of the last ten years has been supported by our profession; and if any wholesome limitations have been placed on the autocratic power which with so much wisdom and vigor now rules the college, our fraternity have had a large share in imposing them. And while our pro- fession has thus by slow and painful steps climbed to its place of power and influence in the University, and has rendered it some service, who can tell what the University has done for us ? Even before it recognized the members of our profession and admitted them to its management, it had given us Otis, Adams — FRANK W. HACKETT'S ADDRESS. 71 Samuel and John — and the Quincys, the great lead- ers of the Revolution. But why do our hearts warm with gratitude to-day ? It is not because the college has done much for our profession; it is not that it has given us a few great lights, more or less illus- trious ; but it is because we, with the thousands who have been within its walls, feel that we have lived better, richer, and stronger lives because in the days of our youth we sat in her seats, and listened to her words of wisdom. The President : I have in mind one of our enthusiastic members who has carried the renown of Harvard to a dis- tance from home. I think you will like to hear from him on this occasion. If he is here I would like to introduce to you Frank W. Hackett, Esq., of the Washington Bar. TEANK W. HACKETT. Me. President, — Believing that I possess a fair share of that diffidence which is the crowning glory of our profession, I hardly know what to do. Under ordinary circumstances I should have carefully re- frained from any response whatever, and should have sought by disappearing to avoid answering your very flattering and unmerited introduction. But, sir, I will carry out the suggestion which you have so happily made, that you are upon the bench as a Chief Justice. I shall take the liberty of using a term which is much more familiar to me than that of president, and I shall address you as " Your Honor." 72 THE LAW SCHOOL DAT. I feel upon this occasion, if your Honor please, that I have been retained by my brethren around me here to argue their case in response to what we have heard from the bench. We are a pretty good-natured set of fellows, but we are not accustomed to be talked at for two hours without being given some chance to reply. Although I feel myself wholly unequal to such a task, I feel it my duty at least to undertake it. I was reminded, when considering the solid chunks of wisdom which have come from that quarter, of the opening speech with which a young limb of the law addressed the court early in his career. He said : " Your Honors do not sit there like marble statues, to be wafted about by every idle breeze." Let me remind you that you have an advantage, because you have been sitting with your backs to the clock, whereas it has been staring us in the face. Lawyers are equal to every occasion. Although accustomed to speak in the court-house, they seem to do quite as well in the gymnasium. I never have had an opportunity myself to speak or eat in a gym- nasium before, but it seems a very comfortable sort of place. I am struck with the fact that they have very appropriately located me alongside of the heavy weights. I am totally unaware of the reason why I have been called up. I did prepare a speech some twenty years ago, but not having been called upon at that time, or since, it has become I fear a little antique. However, being on my feet, I want to ex- plain one thing. I am given to understand that the city where I live has a pretty bad reputation. I want FRANK W. HACKETT'S ADDRESS. 73 to explain why I found the atmosphere of Boston altogether too pure for me, and so emigrated to Washington. My classmate, of whom I never was so proud as at this moment, happily alluded in his oration this morn- ing to the necessity of practical education in a law school. Now I want you distinctly to understand that a few of us got a practical education here that was somewhat unique. I doubt whether many of you gentlemen present have had an opportunity to study criminal law in the dock. That great blessing was conferred on me. I will make a short story of it. Passing innocently through the college grounds one night (these fellows, by the way, invariably happen to be innocent !), by some complication I found myself at the station house. I never had given much attention to the subject of bail, but it became to me then a very practical question. It was two o'clock in the morning before I found my way to my domicile. I had re- ceived a pressing invitation that night to meet Judge Ladd at nine o'clock the next morning. I was there ; and a large part of the Law School honored me by their presence on that occasion. A cruel and unus- ual punishment was inflicted by Mr. Justice Ladd in the shape of a moral lecture of about half an hour. That night was the turning point of my career. I emigrated. That I may not convey a wrong impression, I want to state, before I sit down, that we have some people there of whom we are proud. When I started out on a collecting expedition — the first business of that 74 THE LAW SCHOOL DAY. nature that I have had for some time — among the Harvard Law School graduates, although they are not numerous, I could not help being struck with the character that they exhibited. We have on our rolls an Associate Justice of the Supreme Court of the United States ; two Cabinet Officers ; the Chief Jus- tice of the Court of Claims ; a Judge of the Supreme Court of the District of Columbia ; an Assistant Attor- ney-General of the United States, and an Assistant Secretary of the Treasury; and — modesty forbids my making further mention. The rest of us, I believe, are not altogether unknown. The President : I have down on the calendar here a pro- fessor who has protested against being called upon ; but I must follow out the programme, and present to you Professor John C. Gray. His known antipathy to the perpetuities will at least insure us a short speech. Professor Gray was received with hearty applause. PKOFESSOR JOHN C. GEAY. Mr. Chairman and Gentlemen, — I certainly under- stood from his Honor that I was not to be called upon. Nearly everything that can be said about the School has been said, and there really is nothing for me to add. Mr. Justice Holmes hit what I think is the merit of the School, so far as it has any merit, that we try to teach the law in a large manner, but not, on that account, in any the less practical way. If any gentle- men present doubt about the practical merit of our teaching, or if they have any friends who doubt about PROFESSOR JOHN C. GRAY'S ADDRESS. 75 it, I would commend to them the little tract on which our examination papers are printed at the end of every year. If they will look over those papers, — I do not say it of every question, perhaps not of every paper, — but if they will look at those papers taken together, they will see that the questions relate not to fancy or to merely theoretical points ; they will see that any man who can answer all these papers — as many students whom we turn out every year can answer them — is well fitted to meet the real ques- tions which arise in practice. When a doubt occurs to me whether sometimes, as is the danger in academic teaching, we are not getting too far away from the world around us, I think of these papers, and feel satisfied that what we teach closely touches real life. When I was a law student I read twenty or thirty text-books through : I fear little of them remained in my mind. I had to begin again with the study of particular cases and learn my law in that way. We try to save our students that experience, and start them in the way of practical learning three years earlier than if, as is so often the case, they had to acquire such learning after they have been admitted to the Bar. The President : Well, now, gentlemen, the shades of night are closing about us. I had intended calling upon a very old friend of the University and this School, but he has protested against it. But perhaps Judge Hoar will now play — [At this point the President glanced towards Judge Hoar, who was looking at him with a countenance apparently 76 THE LAW SCHOOL DAY. expressive of great displeasure. The company noticed this little by-play, and broke into loud laughter and applause. Whereupon the President resumed :] I was going to say that perhaps Judge Hoar will play the office of crier, and adjourn the court ; but he may extend his remarks if he desires. Judge Hoar was received with most enthusiastic applause. HON. E. R. HOAE. I expected, Mr. President, that you were calling me up as a reminiscence, — a capacity which, on re- flection, after what I have heard to-day, I am tolerably well qualified to fill. I feel a good deal like the old friend of mine who went to a public dinner on one occasion, and they said he was a most remarkable old gentleman ; that before dinner he remembered General Washington, and that after dinner he remem- bered Christopher Columbus. I was reminded, by what was said by our orator to-day, that I have personally known every instructor in the law at this University from the beginning. I knew, as a boy, Chief Justice Parker. I knew Pro- fessor Stearns very well, as a boy and as a young man. I had the pleasure of some acquaintance with that model teacher, whose light went out too early for this institution and for the society around him, — John Hooker Ashmun, whose epitaph at Mt. Auburn con- tains that summary of the character of a great lawyer: " He had the beauty of accuracy in his understanding, and the beauty of uprightness in his character." I was here, sharing with the gentleman from Georgia HON. E. R. HOAR'S ADDRESS. 77 on my left, who has addressed you, in the instruction of Story and Greenleaf ; and I left the Law School to go into the office of one who subsequently became one of your most valuable instructors, Emory Wash- burn. My relations to this institution are therefore very strong and tender. I have had the pleasure twice before of attending a dinner of the graduates of the institution and members of the Law School. I do not suppose that many of the younger part of this audience know that such a thing ever occurred be- fore. But it was tried on two occasions ; and I hope this third experiment will differ from those in this, — that you will not allow it to die out for want of speedy repetition. I cannot say that in our day we used to have the School divided quite so accurately into three distinct classes as Professor Langdell insists that it now is. He put me in mind a little of what a friend of mine, who was a lawyer in this neighborhood, told me when, the year before he began his studies as a law- yer, he went to a neighboring theological institution (not in Cambridge) for the purpose of studying theol- ogy, although he intended afterward to be a lawyer. I asked him what sort of folks he found there to as- sociate with. Well, he said, that school was carefully divided into three classes. The first had piety with- out talents; the second had talents without piety; and the third had neither. It is too late to go on and make a speech. Yet as one of the side judges, to carry out the figure of the presiding officer, I will, simply say that I concur in the 78 THE LAW SCHOOL DAY. opinion that he delivered in another place, and en- tirely concur in the opinion that he expressed here, — that he would better not say a great deal more, and that his example be generally followed by his asso- ciates. If I am to close the meeting, I think I prefer to do it, instead of in the ordinary phrase of a crier, by pronouncing a benediction in words which have frequently, through my long professional career, ex- perience, and acquaintance, been brought to my mind as the chief consolation and reward of lawyers, — " Blessed are the peacemakers." The President : If you are inclined to give one cheer for the Harvard Law School and the Harvard Law School Asso- ciation, our marshal will lead. The cheers were given with a will, and the gathering broke up at 5: 15 p. m. APPENDIX. ADDRESS OF PROFESSOR JAMES B. THAYER, OF THE HARVARD LAW SCHOOL, Delivered at the Alumni Dinner in Memorial Hall, Nov. 8, 1886. Though not a part of the exercises of the law School Day, Professor Thayer's address is printed here, in the belief that it will add to the interest and value of this Eeport. Mr. President and Gentlemen, — It was a remark- able step to begin the breeding of lawyers at Harvard College. If there was anything that the founders of this institution did not wish to promote, it was the study and practice of English law. A certain sort of lawyer — what may be called a reformed lawyer, like Governor Winthrop or the Rev. Nathaniel "Ward of Ipswich — our ancestors did indeed value. Such men were useful in the very careful steer- ing that was necessary in working their semi-Judaic ship of State along an English coast ; for, in a legal point of view, that vessel drew a good deal too much water. At the very time which we celebrate, the people were clamoring for some laws to regulate the almost absolute discretion of their magistrates ; and the Rev. John Cotton was put upon a committee to 82 APPENDIX. prepare a code. Dr. Creighton may perhaps remem- ber that Mr. Cotton was some time a Fellow of Em- manuel College. He sent in to the General Court, in this very year of 1636, certain thorough-paced propo- sitions, mentioned by Governor Winthrop as being " a copy of Moses, his judicials, compiled in an exact method ; " and they bore for a motto this significant passage : " Jehovah is our Judge, Jehovah is our Lawgiver, Jehovah is our King; He will save us." The reformed lawyers no doubt did their full share in saving our fathers from adopting that; and a far more sagacious compilation was produced by Nathaniel Ward, with some assistance from Lechford, — a lawyer who had not reformed, and who soon vanished from these shores. Well, how has it come about that so incongruous a topic as law was introduced among the studies of this cherished school of the prophets ? Let me say, before explaining this, that it is not altogether strange that our law at that time should seem to a plain Puritan to be a dark and knavish busi- ness ; for it was still heavily encumbered with the for- malism of the Middle Ages. It was, indeed, already, like Milton's lion, " pawing to get free its hinder parts ; " and there was a sort of truth in Coke's dithy- rambic praise of it, then but recently published, that " reason is the life of the law, — nay, the common law itself is nothing else but reason ; " but it was the truth of prophecy, and not the truth of fact. The law PROF. JAMES B. THAYER'S ADDRESS. 83 also was then mainly hidden away from laymen and wrapped in a foreign tongue; and it was taught at the Inns of Court in the rudest way, — " hanc rigidam Minervam," said Sir Henry Spelman, a contemporary of our founders, " ferreis amplexibus coercendam." My mother, says Spelman, sent me to London to begin upon our law. "Cujus vestibulum salutassem repe- rissemque linguam peregrinam, dialectum barbarum, methodum inconcinnam, molem non ingentem solum sed perpetuis humeris sustinendam, excidit mihi (fa- teor) animus." As regards this circumstance, that the law was then mostly written in a foreign tongue, it is interesting to notice that King James, while promot- ing our English version of the Bible, was also urging the Englishing of the law. "I wish," he said in a printed speech in 1609, when the Bible was nearly ready to be published, " the law written in our vulgar language ; for now it is an old, mixt, and corrupt lan- guage, only understood by lawyers." It was the Eng- lish Puritans mainly that brought about this reform ; the first book of law reports in English, other than a translation, was printed in the time of the Common- wealth. And when our General Court, in 1647, or- dered thirteen volumes of law from England, nine of them existed . only in a foreign language, — eight in Norman-French, and one in Latin. But to come back to my question. It was not until a century and a quarter ago — half way back in that long tract of time which we have been contemplating 84 APPENDIX. at this anniversary — that the rude but noble fabric of our English law was first made the subject of univer- sity study. " We thus," said Blackstone, the first pro- fessor of our law at Oxford, in 1758, " extend the po- moeria of university learning 1 , and adopt a new tribe of citizens within these philosophical walls." That event marked an era in our law; all the world knows the brilliant results that immediately attended it. Black- stone did not accomplish everything, — there was, in- deed, much in his lectures that was trivial; but he performed a work which, whether considered in rela- tion to the intractable nature of his material, or, with- out reference to that, upon its own merits alone, has always excited the admiration of those who were com- petent to judge of it. It will long survive as a monu- ment to his own powers and to the wisdom of those who perceived that English law deserved to be scien- tifically studied, — studied by the same methods which belong to all other important parts of human knowl- edge. The contagion of this example spread to Cam- bridge, where, by the charter of Downing College in 1800, a similar chair was established, and the acute and learned Edward Christian was appointed to fill it. It happened that a citizen of Massachusetts was liv- ing in London while Blackstone was still wearing his honors, at a period when seven editions of his lectures had been published within ten years. This man — Isaac Royall, of Medford — having died in 1781, the year after Blackstone's death, left to Harvard College PROF. JAMES B. THAYER'S ADDRESS. 85 a gift of land " towards the endowing a professor of law, ... or of physic or anatomy." But it was not until 1815 that his purpose was carried out, and the Royall professorship, the earliest chair of law at any American seat of learning, was established. I do not speak now of the private law schools at Litchfield, founded in 1784, or of other later establishments of a like sort. It was here, at Cambridge, seventy years ago, that the pomoeria of university learning were first made to include a new American tribe of citizens within them. And now, what shall I say of the methods and re- sults of the teaching of law at this university for these seventy years ! Why should I say anything 1 The law has had its day of celebration already. Let me, however, say one thing. If I were asked to name the thing that has characterized the recent efforts of this department of the University, I should say that it is simply a keener perception of the special function of a university school of law, and a stricter effort to apply here, in ways suited to the subject-matter, the same methods of historical research, of careful comparison, analysis, and deduction which are used in other branches of university study. Among the present officers of the School there are different methods in matters of detail, as there must needs be where there are diversities of gifts ; but there is entire unity in the general aim and in the desire to do in this great and secular institution, as well as they can, the work that 86 APPENDIX. belongs to their generation. That is not quite the same work which fell to their predecessors ; it is a quieter work, though full of labor. But it is one in which it is a great happiness to engage ; for we know, with an absolute conviction, that we are helping to lay a better foundation for those who will follow us. We need no better assurance that our aims are right than the altogether admirable spirit of study which pre- vails at the school, and the character, the progress, and the intellectual ardor of the young men that have left it. LIST OF MEMBERS. April 1, 1887. Abbot, Edwin Hale Boston. Aiken, John Adams Greenfield, Aldrich, Peleg Emory Worcester, Allen, Charles Boston, Mass. Allen, Horace Gwynne . . Boston, Mass. Allen, Thomas Carleton Fredericton, N.B. Almy, Charles Cambridge, Mass. Ames, James Barr Cambridge, Mass. Andrews, Morton Davis Boston, Mass. Angell, Elgin Adelbert Cleveland, O. Appleton, John Henry Cambridge, Mass. Atkins, Thomas Astley New York, N.Y. Austin, Henry Boston, Mass. Avery, Edward East Braintree, Ayers, George David Maiden, Mass. Babcock, Lemuel Hollingsworth New York, N.Y. Babson, Thomas McCrate Boston, Mass. Bachelder, Thomas Cogswell Boston, Mass. Bailey, Harrison Fitchburg, Mass. Bailey, Hollis Russell Boston, Mass. Baker, Jacob Murray Boston, Mass. Baker, Orville Dewey Augusta, Me. Balch, Francis Vergnies Boston, Mass. Ball, George Homer Worcester, Mass. Barker, James Madison Fittsfield, Mass. Barnard, Horace New York, N.Y. Barnes, Charles Maynard Boston, Mass. Barrett, William St. Paul, Minn. Bartlett, Charles Hammatt Bangor, Me. Bartlett, Frederick Carew Smythe 1 New Bedford, Batchelder, Samuel Cambridge, Mass. Bates, Clement Cincinnati, O. Bates, Joshua Hall Cincinnati, O. Baum, James Henry East Liverpool, O Beale, Joseph Henry, Jr Dorchester, Mass. J Died Dec. 26, 1886. 88 APPENDIX. Beattie, James Alexander Louisville, Ky. Bendelari, Georgio Anacleto Corrado .... New Haven, Conn. Bent, Samuel Arthur Boston, Mass. Bettens, Edward Detraz New York, N.Y. Bicknell, Edward Boston, Mass. Biddle, Edward John St. Louis, Mo. Billings, Oliver Phelps Chandler New York, N.Y. Bishop, Robert Roberts Newton, Mass. Bixby, George Stephenson New York, N.Y. Blackmar, Wilmon Whilldin Boston, Mass. Blodgett, Warren Kendall, Jr Boston, Mass. Bolles, Frank Cambridge, Mass. Bonaparte, Charles Joseph Baltimore, Md. Bond, Lawrence West Newton, Mass. Bonnett, John Virgin Chariton, Iowa. Bouve", Walter Lincoln Hingham, Mass. Bowman, John Oliver • . . Philadelphia, Pa. Bradford, George Hillard Boston, Mass. Bradford, Russell Cambridge, Mass. Bradish, Frank Eliot Boston, Mass. Bradley, Andrew Coyle Washington, D.C. Bradley, Charles Smith Providence, R.I. Brandeis, Louis Dembitz Boston, Mass. Brannan, Joseph Doddridge Cincinnati, O. Breneman, Cassius Kendig San Antonio, Texas. Brewster, Frank Boston, Mass. Brigham, Clifford Salem, Mass. Bright, Louis Victor New York, N.Y. Brooks, Francis Boott Boston, Mass. Brooks, James Wilson Cambridge, Mass. Brown, Addison New York, N.Y. Brown, Henry Billings Detroit, Mich. Brown, Howard Kinmouth Framingham, Mass. Brown, John Merrill Boston, Mass. Brown, Sylvester Bucklin Boston, Mass. Brown, William Reynolds New York, N.Y. Brown, William Bailey Clark Independence, Mo. Brush, Abraham Stephens Boston, Mass. Buckland, Horace Stephen Fremont, O. Buffum, Walter Nutting Boston, Mass. Bullard, John Richards Dedham, Mass. Burnham, Telford Chicago, 111. Burrage, Albert Cameron Boston, Mass. Butler, Henry Sigourney Superior, Wis. Byrne, James New York, N.Y. Campbell, Charles Macalester Denver, Col. Capen, Samuel Davis St. Louis, Mo. Carter, George Stuart New York, N.Y. LIST OF MEMBERS. 89 Carter, James Coolidge New York, N.Y. Casas, William Beltran de las Maiden, Mass. Caveriy, Robert Boody Lowell, Mass. Chamberlayue, Charles Frederic Boston, Mass. Chamberlin, Daniel Henry New York, N.Y. Champlin, Edgar Robert Cambridgeport, Mass. Chandler, Parker Cleveland Boston, Mass. Chandler, William Eaton Concord, N.H. Child, Linus Mason Boston, Mass. Choate, Joseph Hodges New York, N.Y. Choate, William Gardner New York, N.Y. Churchill, Asaph Boston, Mass. Churchill, Charles Marshall Spring Milton, Mass. Churchill, John Maitland Brewer Boston, Mass. Clapp, Clift Rogers Boston, Mass. Clarke, Samuel Belcher New York, N.Y. Clifford, Charles Warren New Bedford, Mass. Clifford, Walter New Bedford, Mass. Codman, James Macmaster Brookline, Mass. Cole, Gordon Earle St. Paul, Minn. Cole, John Hanun New York, N.Y. Collins, Patrick Andrew Boston, Mass. Colt, James Denison Pittsfield, Mass. Conrad, Henry Clay Wilmington, Del. Cook, Frank Gaylord Boston, Mass. Coolidge, Joseph Randolph Boston, Mass. Coolidge, William Henry Natick, Mass. Cornish, Leslie Colby Augusta, Me. Coster, George Carter St. John, N.B. Cox, Walter Smith Washington, D.C. Crapo, Henry Howland New Bedford, Mass. Crapo, William Wallace New Bedford, Mass. Crocker, George Glover Boston, Mass. Crocker, George Uriel Boston, Mass. Crocker, Timothy Doane Cleveland, O. Crocker, Uriel Haskell Boston, Mass. Cummings, Samuel Wells Boston, Mass. Cushing, Livingston Weston, Mass. Cushing, William Erastus Cleveland, O. Cushman, Archibald Falconer New York, N.Y. Dacet, Timothy John Boston, Mass. Dakin, Arthur Hazard Boston, Mass. Dana, James Boston, Mass. Dana, Richard Henry Boston, Mass. Dana, William Franklin Boston, Mass. Danforth, Henry Gold Rochester, N.Y. Darling, Charles Ross St. Paul, Minn. Darling, Frederick Homer N. Cambridge, Mass. 90 APPENDIX. Davenport, Herbert Joseph Sioux Falls, Dak. Davis, Charles Thornton Newton, Mass. Davis, Edward Livingston Worcester, Mass. Davis, Harry Edgar Washington, D.C. •Davis, Simon Boston, Mass. Delger, Edward Frederick Oakland. Cal. Deming, Horace Edward New York, N.Y. Denison, John Henry Denver, Col. Denniston, Arthur Clark Philadelphia, Pa. Dewey, George Tufts Worcester, Mass. Dickson, Joseph St. Louis, Mo. Donaldson, William Rhind St. Louis, Mo. Donnelly, Charles Francis Boston, Mass. Donovan, Francis James St. Louis, Mo. Douglas, Walter Bond St. Louis, Mo. Du Bois, Loren Griswold Boston, Mass. Dudley, Sanford Harrison Cambridge, Mass. Duff, William Frederick Boston, Mass. Duggan, Roland Augustus Atlantic, Dunbar, Charles Franklin Cambridge, Dyer, Micah, Jr Boston, Mass. Eager, George Russell Auburndale, Mass. Eaton, Dorman Bridgman New York, N.Y. Eaton, George Herbert Lawrence, Mass. Eaton, Lucien St. Louis, Mo. Ehrlich, Eugene Mortimer Chicago, 111. Ela, Richard Cambridge, ' Ellis, Bertram Keene, N.H. Ellis, Ralph Waterbury Springfield, '. Elting, Irving Poughkeepsie, N.Y. Emery, Samuel Hopkins Concord, Mass. Emery, Woodward Cambridge, Mass. Emmons, Arthur Brewster Newport, R.I. Endicott, William Crowninshield Salem, Mass. Ensign, Charles Sidney Newton, Mass. Estabrook, George William Boston, Mass. Eustis, James Biddle Washington, D.C. Eustis, William Corcoran Washington, D.C. Evarts, William Maxwell New York, N.Y. Everett, William Quincy, Mass. Fakley, James Francis Boston, Mass. Farley, James Phillips, Jr Beverly Farms, Fay, Francis Britain Cambridge, Mass, Fay, Joseph Story Boston, Mass. Fessenden, Franklin Goodridge Greenfield. Fischacher, Max Boston, Mass. Fish, Frederick Perry Cambridge, LIST OF MEMBERS. 91 Fisher, Horace Newton Boston, Mass. Fisher, Sydney George Philadelphia, Pa. Fisse, William Edmund St. Louis, Mo. Force, Manning Ferguson Cincinnati, O. Fox, Austen George New York, N.Y. Fox, Jabez Cambridge, Mass. Fox, William Henry Detroit, Mich. Freedley, Edwin Troxwell Philadelphia, Pa. French, Edward Rogers Denver, Col. French, Francis Ormond New York, N.Y. Frenkel, Jonas Benedict Cincinnati, O. Fuller, Henry Weld Boston, '. Gammans, George Gordon Portland, Or. Gaston, William Alexander Boston, Mass. Gay, Ebenezer Boston, Mass. Glover, Horatio Nelson, Jr Boston, Mass. Goddard, George Augustus Boston, Mass. Goodale, John McGregor Utica, N.Y. Goodwin, Almon Baldwin, Me. Goodwin, Howard Robinson Augusta, Me. Gould, John Melville Newton, Mass. Goulding, Frank Palmer Worcester, Mass. Gove, William Henry Salem, Mass. Grant, Ronald Cameron St. John, N.B. Graves, Horace Brooklyn, N.Y. Gray, John Chipman Boston, Mass. Gray, Morris Boston, Mass. Gray, Reginald Boston, Mass. Gray, Robert Toms Detroit, Mich. Green, James Worcester, Mass. Greene, Frederick Lewis Greenfield, Mass. Gregory, Charles Augustus Chicago, 111. Gregory, Frank Brooke Frederickton, N.B. Grennell, James Seymour Greenfield, Mass. Griggs, George Brookline, Mass. Grinnell, Charles Edward Boston, Mass. Griswold, Freeman Clark Greenfield, Mass. Groesbeck, Telford Cincinnati, O. Guild, Henry Eliot Colorado Springs, Col. Hackett, Frank Warren Washington, D.C. Hale, Abraham Garland Randall Rock Bottom, Mass. Hale, Edwin Blaisdell Cambridge, Mass. Hall, James Milton Boston, Mass. Hamlin, Charles Sumner Roxbury, Mass. Hammond, Henry Berry New York, N.Y. Harding, Emor Herbert Boston, Mass. Hardon, Henry Winthrop New York, N.Y. 92 APPENDIX. Hartwell, Alfred Stedman South Natick, Mass- Haskins, David Green, Jr Cambridge, Mass. Hathaway, Amos Lawrence Boston, Mass. Hayden, Charles Sprague St. Louis, Mo. Hayden, Charles Sydney Fitchburg, Mass. Hayes, Rutherford Birchard Fremont, O. Hayes, William Allen, Jr Cambridge, Mass. Hemenway, Alfred Boston, Mass. Hemenway, Charles Morrison Somerville, Mass. Henry, Hugh McDonald Halifax, N.S. Higgins, Latham L Denver, Col. Hoadly, George, Jr Cincinnati, O. Hoar, Ebenezer Rockwood Concord, Mass. Hoar, Samuel Concord, Mass. Hoar, Sherman Waltham, Mass. Hoffman, Ogden San Francisco, Cal. Holden, Joshua Bennett Boston, Mass. Holland, Henry Ware Boston, Mass. Holmes, John Russell Cincinnati, O. Holway, Melvin Smith Augusta, Me. Homer, Thomas Johnston Boston, Mass. Hooper, Robert Chamblet Boston, Mass. Houston, John Wesley New York, N.Y. Howe, Archibald Murray Cambridge, Mass. Howland, William Russell Cambridge, Mass. Hoyt, James Humphrey Cleveland, O. Hubbard, Charles Eustis Boston, Mass. Hudson, John Elbridge Boston, Mass. Hudson, Woodward Concord, Mass. Hulse, Samuel Vaughan Newark, N.J. Huntington, Arthur Lord Salem, Mass. Hutchins, Edward Webster Boston, Mass. Hutchinson, Gardiner Spring New York, N.Y. Hyman, David Max Cincinnati, O. Ingalsbek, Grenville Mellen Sandy Hill, N.Y. Jackson, George West Boston, Mass. Jacobs, Justin Allen J Cambridge, Mass. James, George Abbot Nahant, Mass. James, John Herndon San Antonio, Texas. Jeffries, Walter Lloyd Boston, Mass. Jennison, William Detroit, Mich. Jerome, Thomas Spencer Saginaw, Mich. Johnson, John Williams Cincinnati, O. Jones, Arthur Earle Cambridge, Mass. Jones, Leonard Augustus Boston, Mass. 1 Died Jan. 3, 1887. LIST OF MEMBERS. 93 Kaan, Frank Warton Someryille, Mass. Kaufman, Henry Pickerfc Cincinnati, O. Kaye, Edmund George St. John, N.B. Keasbey, Edward Quinton Newark, N.J. Keene, John Henry Baltimore, Md. Keener, William Albert Cambridge, Mass. Kendall, Robert Bruce Chicago, 111. Kent, Edward New York, N.Y. Keyes, Charles Gilman Boston, Mass. Keyes, Prescott Concord, Mass. Kidder, Camillus George New York, N.Y. Kilbourne, James Columbus, O. Kimball, Benjamin Boston, Mass. King, Rufus Cincinnati, O. Klein, Jacob St. Louis, Mo. Knowlton, Hosea .Morrill New Bedford, Mass. Knowlton, Thomas Oaks New Boston, N.H. Ladd, Babson Savilian Boston, Mass. Lamson, Artemas Ward Dedham, Mass. Langdell, Christopher Columbus Cambridge, Mass. Lathrop, John Boston, Mass. Lawrence, Eugene New York, N.Y. Lawrence, George Porter Cambridge, Mass. Lawrence, Rosewell Bigelow Medford, Mass. Lawrence, William Badger Medford, Mass. Lawton, Alexander Robert Savannah, Ga. Lee, Blewitt Harrison Columbus, Miss. Leverett, George Vasmer Cambridge, Mass. Levy, Harry Milton Cincinnati, O. Lewin, William Meyer Hyattsville, Md. Lewis, Francis Draper Philadelphia, Pa. Lewis, Theodore Graham New York, N.Y. Lilienthal, Jesse Warren New York, N.Y. Lincoln, Arthur Boston, Mass. Lincoln, Frederick Danielson Cincinnati, O. Lincoln, John Ledyard Cincinnati, O. Lincoln, Robert Todd Chicago, 111. Lincoln, Solomon Boston, Mass. Loring, Augustus Peabody Boston, Mass. Loring, William Caleb Boston, Mass. Lothrop, Arthur Prescott ..St. Paul, Minn. Lowell, Abbott Lawrence Boston, Mass. Lowell, John Boston, Mass. McClurb, Edward Woodbridge Concord, N.H. McCoy, Walter Irving New York, N.Y. McCrackin, Alexander Alaska Ter. 94 APPENDIX. McDaniel, Samuel Walton Cambridge, McDermott, Edward John Louisville, Ky. Macdonald, Charles Abner St. John, N.B. Machen, Arthur Webster Baltimore, Md. Mclnnes, Edwin Guthrie Maiden, Mass. Molntire, Charles John Cambridge, Mass. Mclntire, Fred Somerville, Mass. Mack, Alfred Cincinnati, O. Mack, Harry Wolf New York, N.Y. Mack, Julian William Cincinnati, O. McKee, Frederick William Pittsburgh, Pa. McKeever, Henry Francis Boston, Mass. Malone, Dana Greenfield, Mass. Mansfield, Ex Sumner Brookline, Mass. Mather, Henry Holmes Auburndale, Mass. Mather, Louis Kossuth Boston, Mass. Matthews, Nathan, Jr Boston, Mass. Maury, William Arden Washington, D.C. Melville, Henry New York, N.Y. Merrick, Frank Wort Columbus, O. Merrill, Charles Benjamin Portland, Me. Merrill, Edward Bagley New York, N.Y. Miller, Sidney Davy Detroit, Mich. Milliken, Frank Albion New Bedford, Mass. Minot, Laurence Boston, Mass. Minot, Robert Sedgwick Boston, Mass. Moody, William Henry Haverhill, Mass. Moorman, Francis Joseph Cincinnati, O. Morawetz, Victor New York, N.Y. Morrison, John Henry Boston, Mass. Morse, Godfrey Boston, Mass. Morse, Nathan Boston, Mass. Morse, Robert McNeil, Jr Jamaica Plain, Mass. Morss, John Wells Boston, Mass. Morton, Marcus Andover, Mass. Morton, Marcus, Jr Andover, Motte, Ellis Loring Boston, Munroe, William Adams Cambridge, Mass. Myers, James Jefferson Cambridge, Mass. Naphen, Henry Francis Boston, Mass. Nash, Francis Philip Geneva, N.Y. Nason, Daniel New York, N.Y. Neal, George Benjamin Charlestown, Mass. Nettleton, Edward Payson Boston, Mass. Newel, Stanford St. Paul, Minn. Nickerson, George Augustus Boston, Mass. Norcross, Grenville Howland Boston, Mass. LIST OF MEMBERS. 95 Norcross, Otis Boston, Mass. Norris, Samuel Bristol, R.I. Oettinger, Heury Charles Cincinnati, O. O'Kane, Oscar John Cincinnati, O. Opdycke, Leonard Eckstein New York, N.Y. Ordronaux, John . . . . , New York, N.Y. Ordway, Samuel Hanson New York, N.Y. Orrick, John Cromwell St. Louis, Mo. Osborn, William Edwin New York, N.Y. Otis, Albert Boyd Boston, Mass. Otterson, James Fred Jotham Marlborough, Mass. Otto, Carl St. Louis, Mo. Overall, John Harry St. Louis, Mo. Paine, Robert Treat, 2d Boston, Parkman, Francis Boston, Mass. Parkman, Henry Boston, Mass. Parmenter, James Parker Arlington, Mass. Parmenter, William Hale Boston, Mass. Patterson, George Herbert Providence, R.I. Payson, Edward Payson Boston, Mass. Pellew, George Boston, Mass. Perkins, Edward Clifford Milton, Mass. Peters, John Andrew Bangor, Me. Phillips, Willard Quincy Paris, France. Pickering, Henry Goddard Boston, Mass. Pierce, Arthur Munroe Lyndhurst, N.J. Pierce, Edward Lillie Milton, Mass. Pierce, Edward Peter Fitchburg, Mass. Pinney, George Miller New York, N.Y. Player, Thomas Trezevant Pueblo, Col. Poor, Albert Boston, Mass. Porter, George Tousey Indianapolis, Ind. Power, Lawrence Geoffrey Halifax, N.S. Pratt, Henry Cleveland Galveston, Texas. Prentiss, John Cambridge, Mass. Preston, William Lexington, Ky. Putnam, George Cambridge, Mass. Putnam, Henry Ware Boston, Mass. Putnam, William Lowell Cambridge, Mass. Rackemann, Charles Sedgwick Boston, Mass. Rackemann, Felix Milton, Mass. Ralston, Thomas Elder St. Louis, Mo. Rand, Edward Lothrop Cambridge, Mass. Rapley, Edward Everett Washington, D.C. Rawle, Francis Philadelphia, Pa. Raymond, Robert Fulton New Bedford, 96 APPENDIX. Read, Charles Coolidge Cambridge, Reardon, John Joseph Holyoke, Mass. Reed, Charles Montgomery Boston, Mass. Reed, Frederick Boston, Mass. Reed, Joseph Wheeler Maynard, Mass. Reynolds, Ethan Allen Denver, Col. Richards, William Reuben Boston, Mass. Richardson, William Adams Washington, D.C. Richardson, William Minard Cambridge, Mass. Riley, Thomas Boston, Mass. Ritchie, George Halifax, N. S. Ritchie, Thomas Halifax, N.S. Robinson, Edmund Randolph New York, N.T. Robinson, Henry William Boston, Mass. Robinson, Nelson Lemuel Canton, N.Y. Roelker, Frederick Greene Cincinnati, O. Rogers, Henry Munroe Boston, Mass. Rombauer, Roderick Emile St. Louis, Mo. Ropes, John Codman Boston, Mass. Ross, John Wesley Washington, D.C. Russell, Alfred Detroit, Mich. Russell, Thomas Boston, Mass. Russell, William Goodwin Boston, Mass. Ryther, George Holton Cambridgeport, Sanderson, George Scranton, Pa. Saunders, Charles Gurley Lawrence, Mass. Saunders, Charles Robertson Cambridge, Mass. Schofield, William Cambridge, Mass. Sears, Philip Howes Boston, Mass. Seinsheimer, Franklin Cincinnati, O. Selby, Arthur Prince St. Louis, Mo. Seligman, David Theodore New York, N.Y. Semple, Henry Churchill Montgomery, Ala. Sewall, Samuel Edmund Boston, Mass. Shattuck, George Otis Boston, Mass. Shroder, Jacob Cincinnati, O. Silver, Alfred Ernest Halifax, N.S. Simmons, John Franklin Abington, Mass. Skinner, Robert Chipman St. John, N.B. Smith, Henry Augustus Roxbury, Mass. Smith, Henry Hyde Hyde Park, Mass. Smith, Jeremiah Dover, N.H. Smith, Levin Parkersburg, W. Va. Smith, Robert Dickson Boston, Mass. Smith, William Henry Leland Boston, Mass. Snow, Alpheus Henry Hartford, Conn. Snow, Samuel Cambridge, Mass. Spaulding, John Boston, '. LIST OF MEMBERS. 97 Spelman, Henry Munson . Cambridge, Mass. Sprague, Henry Harrison . . . ... Boston, Mass. Stackpole, Joseph Lewis .... ... Boston, Mass. Starbuck, Henry Pease ... New York, N.Y. Starr, Benjamin Charles Cleveland, O. Stetson, Charles Pierce . . . . ... Bangor, Me. Stetson, Eliot Dawes New Bedford, Mass. Stevens, Charles Frank Worcester, Mass. Stevens, Francis Putnam Baltimore, Md. Stevens, Milan Filmore Boston, Mass. Stickney, Albert New York, N.Y. Stiles, Sumner Burritt New York, N.Y. Stone, Frederic Mather Boston, Mass. Storer, John Humphreys Boston, Mass. Storey, Moorfield . . . Brookline, Mass. Sullivan, Cornelius Patrick ... . . Boston, Mass. Sullivan, Jeremiah Henry Cambridge, Mass. Sullivan, Richard ... . ... Boston, Mass. Sullivan, William . . Boston, Mass. Suter, Hales Wallace . . . . . . Boston, Mass. Swift, Henry Walton . .... . Boston, Mass. Taussig, Charles Sumner St. Louis, Mo. Taussig, Frank William ... .... Cambridge, Mass. Taylor, Arthur . Lexington, Mass. Terrell, Edwin Holland . . . . . . San Antonio, Texas. Terry, Seth Sprague . . . . New York, N.Y. Thacher, Stephen West Newton, Mass. Thayer, Albert Smith New York, N.Y. Thayer, James Bradley . Cambridge, Mass. Thompson, Charles Washington, D.C. Thompson, Joseph Alfred New York, N.Y. Thompson, Lucien Bisbee Boston, Mass. Thorndike, John Prince Larkin Boston, Mass. Thorndike, Samuel Lothrop Cambridge, Mass. Thorpe, Joseph Gilbert Cambridge, Mass. Thurston, Benjamin Francis Providence, R.I. Tiffany, Francis Buchanan . West Newton, Mass. Tison, Alexander New York, N.Y. Tompson, Edward William Emery Brookline, Mass. Towne, Trueman Benjamin Boston, Mass. Turtle, William Pittsfield, Mass. Tuttle, William Harrison Arlington, Mass. Tyler, John Ford Cambridge, Mass. Tyndale, Theodore Hilgard . Boston, Mass. Underwood, Adin Ballou Newton, Mass. Underwood, William Orison Boston, Mass. Van Nest, George Willett New York, N.Y. 98 APPENDIX. Van Slyok, Cyrus Manchester Providence, R.I. Vaughan, William Warren Boston, t/WADE, Winthrop Howland Boston, Mass. Wadsworth, Alexander Fairfield Boston, Mass. Wakefield, John Lathrop Dedbam, Mass. Walcott, Charles Folsom. Cambridge, Mass. Wald, Gustavus Henry Cincinnati, O. Wales, George Worcester Burlington, Vt. Walker, Edward Carey Detroit, Mich. Ware, Charles Eliot Fitchburg, Mass. Ware, Darwin Erastus Boston, Mass. Ware, George Washington Boston, Mass. Ware, Thornton Kirkland Fitchburg, Mass. Warner, Henry Eldridge Cambridge, Mass. Warner, Joseph Bangs Cambridge, Mass. Warren, Samuel Dennis Boston, Mass. Waterhouse, Frank Shepard Portland, Me. Webb, John Sidney Washington, D.C. Weldon, Charles Wesley St. John, N.B. Welling, Richard Ward Greene New York, N.Y. Wells, William Palmer Detroit, Mich. Wendell, Barrett Boston, Mass. Wentworth, Alonzo Bond Dedham, Mass. Wenzell, Henry Burleigh St. Paul, Minn. Weston, Byron Arthur Halifax, N.S. Weston, Melville Moore Boston, Mass. Wetmore, Charles Whitman New York, N.Y. Weyse, Henry Guenther Los Angeles, Cal. Wharton, William Fisher . . Boston, Mass. Wheeler, Everett Peperell New York, N.Y. White, Moses Perkins Cambridge, Mass. White, William Gardner St. Paul, Minn AVhiteley, Richard Henry Boulder, Col. Wigglesworth, George Boston, Mass. Wigmore, John Henry San Francisco, Cal. Wilby, Joseph Cincinnati, O. Wilkins, Charles Trowbridge ....... Detroit, Mich. Willard, Joseph Boston, Mass. Wilson, Frank Sanford, Me. Wilson, John Thoma3 Winchester, Mass. AVilson, Luther Campbell Fargo, Dak. Winkler, Alexander Cincinnati, O. Winslow, John Brooklyn, N.Y. Wolcott, Edward Oliver Denver, Col. Wolcott, Roger Boston, Mass. Wood, Horatio Dan St. Louis, Mo. Wood, Stephen Blake Roxbury, Mass. Woodbury, John Lynn, Mass. LIST OF MEMBERS. 99 Woodruff, Thomas Tyson ... . . . Boston, Mass. Woods, Andrew New York, N.Y. Workum, David Jacob Cincinnati, O. Worthington, Erastus Dedham, Mass. Wright, Albert Judd Wakefield, Mass. Wyeth, Nathaniel Jarvis .... ... Staten Island, N.Y. Wyman, John Palmer Cambvidgeport, ~ Young, Alexander Boston, Mass. Young, George Brooks St. Paul, Minn. Young, James Holden Boston, 7 Total Number 563 KF 292 H32 A8^ 1887 Author VoL Harvard univ. Harvard law school association — — — . . .Reprot of the organization, and „-p +v,o fivat gP >nl mfegr at Cambridge Date Borrower's Name