Page:The Green Bag (1889–1914), Volume 20.pdf/397

This page needs to be proofread.

296

THE GREEN BAG

In response to this letter "the Corporation voted on November 29, 1834: Voted that the request of Professor Greenleaf for the permission to be absent during the ensuing term one fortnight, for the pur pose of arguing an important cause before the Supreme Court of the United States be granted under the Circumstances stated by him, — such absence not being likely to be injurious to the Law School in the opinion of the Law Faculty. Thus it was that when this great case was argued and decided, nearly three years later (in 1837), it was won by one Harvard Law School professor, arguing directly contrary to the interests of Harvard College, and with the other Harvard Law School Professor, Joseph Story, delivering from the Bench

a dissenting opinion, denying the validity of his Law School colleague's argument. In 1836, Chief Justice Taney (appointed in December, 1835), and Judge Barbour (Duvall's successor), did not take their seats until the end of the term; so that it was not until 1837, six years after the first argument, that a full court assembled to hear the famous case.1 1 Professor Greenleaf had written to Treasurer Ward, Jan. 9, 1835: "My journey to Washington will depend on the contingency of President Jackson's filling the present vacancy on the Bench, and of the new judge taking his seat this term; as the case of the Warren Bridge will not be argued but to a full Bench. Should I go, I shall be happy to be of service to you." — See Letters to the Treasurers, Harvard College Archives.

BOSTON MASS., May u, 1908.

ON LANGDELL HALL BY HARRY RANDOLPH BLYTHE. STERN temple of eternal law! the sight Of thy strong body looming grey and grand Makes pulses leap. For over all our land No force like thine so girded 'is with might, So fruitful, yet so latent of the Light; What freighted trust is thine! — that from thy band The Nation's captains rise to take command, 'Tis well thou art the Citadel of Right! — Thy first-born sons are we, yet thou so well Hast forged thy blood into our blood and bone That we, with zeal like thine will guard the laws; Thy trust fails not. So potent is thy spell That thou shalt ever know us for thine own In truth's far fields still fighting for thy cause. CAMBRIDGE, MASS., May, 1908.