Mr. Webster, having gone over the other points in the case, which
     were of a more technical character, in conclusion,
said:—­#/

I now take leave of this cause.  I look for no good whatever from the establishment of this school, this college, this scheme, this experiment of an education in “practical morality,” unblessed by the influences of religion.  It sometimes happens to man to attain by accident that which he could not achieve by long-continued exercise of industry and ability.  And it is said even of the man of genius, that by chance he will sometimes “snatch a grace beyond the reach of art.”  And I believe that men sometimes do mischief, not only beyond their intent, but beyond the ordinary scope of their talents and ability.  In my opinion, if Mr. Girard had given years to the study of a mode by which he could dispose of his vast fortune so that no good could arise to the general cause of charity, no good to the general cause of learning, no good to human society, and which should be most productive of protracted struggles, troubles, and difficulties in the popular counsels of a great city, he could not so effectually have attained that result as he has by this devise now before the court.  It is not the result of good fortunes, but of bad fortunes, which have overriden and cast down whatever of good might have been accomplished by a different disposition.  I believe that this plan, this scheme, was unblessed in all its purposes, and in all its original plans.  Unwise in all its frame and theory, while it lives it will lead an annoyed and troubled life, and leave an unblessed memory when it dies.  If I could persuade myself that this court would come to such a decision as, in my opinion, the public good and the law require, and if I could believe that any humble efforts of my own had contributed in the least to lead to such a result, I should deem it the crowning mercy of my professional life.

[Footnote 1:  Foster’s Essay on the Evils of Popular Ignorance, Section IV.]

[Footnote 2:  The effect of this remark was almost electric, and some one in the court-room broke out in applause.]

[Footnote 3:  2 Pickering, p. 433.]

[Footnote 4:  11 Sergeant & Rawle, p. 394.]

MR. JUSTICE STORY.[1]

[At a meeting of the Suffolk Bar, held in the Circuit Court Room, Boston, on the morning of the 12th of September, the day of the funeral of Mr. Justice Story, Chief Justice Shaw having taken the chair and announced the object of the meeting, Mr. Webster rose and spoke substantially as follows.]

Your solemn announcement, Mr. Chief Justice, has confirmed the sad intelligence which had already reached us, through the public channels of information, and deeply afflicted us all.

JOSEPH STORY, one of the Associate Justices of the Supreme Court of the United States, and for many years the presiding judge of this Circuit, died on Wednesday evening last, at his house in Cambridge, wanting only a few days for the completion of the sixty-sixth year of his age.