only tangible relics of the loved Professor are the manuscripts of his lectures on Medical Jurisprudence, and on Equity, presented to the School, in 1860-61, by Sumner, and now in the Library of the Harvard Law School, (1)

(1) See Law Librarian's Report July 12, 1861, Harv. Coll. Archives— Reports. Charles Sumner attempted to collect Ashmun's manuscripts in 1834, in order to publish selections in the press; and George Ashmun, the Professor's brother, wrote that he had the lectures on Equity, Limitations, Assumpsit and Medical Jurisprudence complete. (See letter unpublished and to be found in the Sumner Paper):

"In the handwriting of your letter I think I see an identity with that of a statement in my possession of the events of the last night of my late brother's life, and my first impulse as well of feeling as of duty is to say to you how highly I appreciate the kind feelings which your attentions to him on that occasion, as well as the expression in the letter before me. indicates."

Sumner replied Dec. 5, 1834 (See letter in possession of Giles Taintor Esq.), stating that he would "feel gratified by the opportunity you offer me of reading the manuscript of your lamented brother and making selections for the press. Be assured it will be to me a labor of love." He also speaks of a missing lecture on Wills as “a valuable one, being prepared with care by your brother and delivered in a course before the professors' families, etc., by gentlemen connected with the college."

CHAPTER XXII.

DANE HALL AND THE LAW LIBRARY

THE LIBRARY.

One of the first matters to which the Corporation turned its attention under the new régime which was the condition of the Law Library, and on September 29, 1829, it was voted: "That the Law Faculty be requested to recommend a fit person for Librarian in that Department and to consider and report to this Board what ought to be his duties and compensation."

Under this vote, no person seems to have been appointed for a year; but beginning in 1830-31 the practice prevailed of appointing one of the students. The first three Librarians were George Thomas Davis (1830-31); Wheelock Samuel Upton (1831-32); Charles Sumner (1832-34).

On November 3, 1829, Story wrote to Quincy, saying that there were then 28 students, and calling urgent attention to the deplorable state of the Library and the need of developing this part of the School as a special attraction and inducement to new students (I):

One of the most important objects is to give it (the School) at once, in the view of every student a decided superiority over every other institution of the like nature. It will therefore obtain a fixed reputation with the Public and give some confidence to parents that neither the time of their children nor their own money will be expended without an adequate return. It is important too, that the first class which leaves us, which will probably be a large one, as many of the students are in the 2nd and 3rd years of their studies, should enjoy the fullest benefits. of the Institution, and carry with them in their own attainment and testimony the just proofs of the success of our course of instruction.

To accomplish this end it is indispensable that students should have a ready access to an ample Law Library which shall of

(1) Harv. Coll. Papers, 2nd Series, Vol. IV.

itself afford a complete apparatus for study and consultation. I need not say that no such library now belongs to the College. At present the students are compelled to resort to my own private library.

In a practical sense, the present Law Library is of very little value or importance. We have very few of the best elementary books, and of those we have, most are of poor editions. .

The text-books of study required by the students may be obtained without much difficulty; but those which are required for occasional consultation are very deficient. The primary want is . the entire circle of Reports, English as well as American. The English Reports, of which we have a considerable number, are principally the old reporters and rarely of the best editions. But of modern reports we have few -a single copy only of Burrow, Douglas, Cowper, Durnford and East, East, H. Blackstone, Bosanquet and Puller, and Taunton. Of Massachusetts Reports we have three copies, I copy John son, Hare (none of his Chancery Reports), I of Cranch, Pickering, Binney, Dallas, and Yeates, and an incomplete copy of Wheaton.

Our deficiency in American Reports is scarcely less than 150 volumes, but we ought to have duplicates of principal reports such as Pickering, Johnson, Binney, Cranch and Wheaton.

Of Equity Reports, in a practical sense we have none. We have ordered Atkyns, Cases tempore Talbot, Brown's Ch. Rep. We not only propose to teach Equity law, but many of our students are from States where Equity Jurisprudence is of primary importance.

I have no desire to part with any portion of my own library which has been the gradual collection of many years and cannot be easily if at all replaced. But as at a moderate calculation it would take a year to collect the body of common reports. And as both Mr. Ashmun and myself deem it vital to our success to begin with ample means, I have concluded, therefore, to offer my series of Reports to the Corporation if they choose to take them.. I am willing to have them appraised by any two gentlemen.

Professor Ashmun also wrote on November 4, 1829, to the same effect:

I do not suppose there can be any doubt of the necessity that the student should at once be furnished with an extensive library. It is not only in fact indispensable, but what is not to be overlooked, it is by them so considered. Much of the success of the School must depend upon first impressions and upon the mere impressions, right or wrong, of the students themselves.

Story's private library was at this time a very select and extensive one (1).

"It had been collected with great care at large expense and was precisely adapted to his wants," says his son. "To surrender it to the use of the students was exceedingly inconvenient and annoying. To sell it to the College involved the purchase of a new one for himself, which would be difficult and in many cases, from the rarity of the books, impossible". While his limited means did not warrant him in presenting his library to the College, Story was unwilling to accept from the College, in its straightened financial condition, its full value. He therefore offered his collection of 553 volumes of law reports at $4 per volume$2212, (2) and the Corporation, by vote of Dec. 17, 1829, thankfully accepted his generous offer, "being satisfied by the information obtained from Judge Jackson and Professor Ashmun, that the price is very low."

In reality the price was less than one half the cost of replacing them; and on Dec. 17, 1829, the Corporation voted to insure them for $4000. The liberality of the gift was increased by the fact that Story's salary was only $1000, out of which $400 was paid to the College for the rent of his house.

Meanwhile Story had written to Dane requesting him to give to the new School six to ten copies of his Abridgment; and Dane replied December 8, 1829, presenting ten copies, (90 volumes), saying: "I find the School prosperous, much beyond

(1) Story had written to Treasurer Francis, on August 19, 1829: "Have you ascertained whether I can have a room in the chapel for my library? I am now preparing to put it up and know not where I can put it in Cambridge."

See Harv. Čoll. Archives, Letters to the Treasurer, Vol. I.

(2) Letter of Story to Quincy, Dec. 9, 1829, Harv. Coll. Archives, Letters to the Treasurer, Vol. I.

"I herewith send you enclosed a catalogue of my books of Reports amounting in all to 553 volumes. I have made an estimate of their present value and I believe the estimate is very low-350 volumes of these Reports have been published since 1800.

I offer the whole Reports to the Corporation at the average price of $4 per volume, that is, at the sum of $2,212 for the whole. I would not sell them to any private person for a very much larger sum; but I take into consideration that I shall still have constant access to them so as to supersede the necessity of repurchasing them for my private use. I am confident I could not replace them for less than $3,500 to $4,000. I have consulted Professor Ashmun on the subject, and he authorizes me to state to you and the Corporation that he considers the estimate very low.

If the Corporation should not incline to purchase the whole at this price, I wish you to consider my offer for a sale of them altogether withdrawn-."