Horace Gray. the day and all the evening, without haste, but with a calm perseverance that was untir ing, and by reason of which he has reached the ultimate foundations of law governing each question that he has considered, and achieved those learned and luminous opinions, which are depositories as well as expositions of the law. His life has been the studious, secluded life of a scholar, immersed in and satisfied by his great subject. Yet his long and great career has brought him a profound knowledge of men and of affairs. Although his life has been spent in rendering deci sions, no man ever had less pride of opinion. When pleased with his work as embodied in a decision of the Court, he has been glad, not because it redounded to his own credit, but to the credit of the law. In truth, he has been the priest of scientific jurispru dence. He has felt that praise and merit were due not to him but to the science whose oracle he was. The breadth of his interest and learning in law is commensurate with the law itself. His opinions show that he is as much inter ested in a case involving the dry and techni cal reasons for a marshal's or clerk's fees, as in one of constitutional law. They also show that his knowledge of the law of prop erty and trusts is only equalled by his learn ing in admirality law and equity pleading. And I venture to believe that he has shown himself the most perfect living master of the vexed problems involved in conflict of laws. Besides these, he has written opin ions that are landmarks in the law, on courtsmartial, ultra vires, and the law merchant. His decisions prove him deeply read in the Year Books and conversant with many cases in some of the most rare and authoritative ecclesiastical reports. His large experience upon the Bench has increased and broadened the learning of his earlier years, when he
405
and the late Judge Lowell used to read the English Reports together. He has always kept conversant with current decisions, sys tematically reading the English and more authoritative American reports. With all his constant and unremitting work, with all his eager and severe self-criticism, the en thusiasm for acquisition of knowledge has never forsaken him. The vigor of his intel lect is amazing. He is, as a judge should be, "liberal-minded, great, Consistent, wearing all that weight Of learning lightly like a flower." The passing of so great a jurist from the place upon the august tribunal which he has so long adorned, cannot be other than a calam ity. It is impossible now to estimate all the unfortunate consequences. Mr JusticeGray's resignation is as great a misfortune for the law, for the administration of justice and for the nation as was the death of Mr. Chief Justice Marshall. Indeed, I conceive that the two great magistrates are much alike. I believe that Mr. Justice Gray has as great and comprehensive a mind as Marshall had; that he has the same high conception of the judicial faculty and function. To these he adds a far deeper and wider knowledge of the law. What Mr. Chief Justice Marshall was able to do by sheer force of intellect, Mr. Justice Gray has been able, not only to do,This but to is embellish no time or with place profound to enter learning. upon any biography. It is simply an attempt to express an appreciation of the great work that he has done. All that will be at tempted here is a bare statement of dates, and a meager list of a few of his most im portant opinions. The following epitome has been written by one who is peculiarly conversant with the facts : Horace Gray was born at Boston, Massa chusetts, March 24, 1828; graduated at Harvard University in 1845; admitted to
