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Education of Articled Clerks and the Duties of their Principals towards them, The Legal. John Indermaur. 24 L. Stud. J. 9-13.

England, The Development of Law, during the Middle Ages, especially in France and. Geo. D. Ferguson. 4 Can. L. Rev. 200-208.

English Judicature, A Century of XII. Van Vechten Veeder. 14 Green Bag 71-76. English Lawyer of To-day, The. Mitchell D. Follansbee. 10 Am. Law. 10-13. Evarts, William M., Lawyer and Statesman. J. Hampden Dougherty. 10 Am. Law.

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Judicial Effervescences. Jno. G. Steffee. 36 Am. L. Rev.
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HARVARD

LAW REVIEW.

VOL. XV.

APRIL, 1902.

No. 8

IT

JAMES BRADLEY THAYER'

T was my privilege to be a colleague of Professor Thayer throughout the twenty-eight years of his law professorship. Before his return to the Harvard Law School he had declined the offer of a professorship in the English Department of the College. Although his rare gift for thoughtful, graceful, and effective writing could not have failed to make him highly successful as a professor of English, his decision not to give up his chosen profession was doubtless a wise one. Certainly it was a fortunate one for the Law School and for the law.

During the early years of his service he lectured on a variety of legal topics, but Evidence and Constitutional Law were especially congenial to him, and in the end he devoted himself exclusively to these two subjects, in each of which he had prepared for the use of his classes an excellent collection of cases. Evidence was an admirable field for his powers of historical research and analytical judgment. He recognized that our artificial rules of evidence were the natural outgrowth of trial by jury, and could only be explained by tracing carefully the development of that institution in England. The results of his work appeared in his "Preliminary Treatise on the Law of Evidence," a worthy companion of the masterly "Origin of the Jury," by the distinguished German,

1 Of these appreciations of Professor Thayer by his colleagues the first and third were prepared for the February meeting of the Colonial Society of Massachusetts, and the second for the March meeting of the Massachusetts Historical Society.

Professor Brunner. His book gave him an immediate reputation, not only in this country, but in England, as a legal historian and jurist of the first rank. An eminent English lawyer, in reviewing it, described it as "a book which goes to the root of the subject more thoroughly than any other text-book in existence."

Only a few days before his death Professor Thayer talked with me about his plans for the future, saying that he expected to complete his new book on Evidence in the summer of 1903, when he meant to relinquish that subject and devote the rest of his life to Constitutional Law, with a view to publication.

It is, indeed, a misfortune that these plans were not to be carried out. But although he has published no treatise upon Constitutional Law, he has achieved, by his essays, by his Collection of Cases, and by his teaching, a reputation in that subject hardly second to his rank in Evidence. To the few who knew of it, President McKinley's wish to make Professor Thayer a member of the present Philippines Commission seemed a natural and most fitting recognition of his eminence as a constitutional lawyer, and, if he had deemed it wise to accept the position offered to him, no one can doubt that the appointment would have commanded universal approval.

Wherever the Harvard Law School is known, he has been recognized for many years as one of its chief ornaments. When, in 1900, the Association of American Law Schools was formed, it was taken for granted by all the delegates that Professor Thayer was to be its first president. No one can measure his great influence upon the thousands of his pupils. While at the School they had a profound respect for his character and ability, and they realized that they were sitting at the feet of a master of his subjects. In their after life his precept and example have been, and will continue to be, a constant stimulus to genuine, thorough, and finished work, and a constant safeguard against hasty generalization or dogmatic assertion. His quick sympathy, his unfailing readiness to assist the learner, out of the class-room as well as in it, and his attractive personality, gave him an exceptionally strong hold upon the affections of the young men. Their attitude towards him is well expressed in a letter that came to me this morning from a recent graduate of the School, who describes him as "one of the best known, best liked, and strongest of the Law Professors."

The relations of the law professors are probably closer than those of any other department of the University. No one who has not known, as his colleagues have known, the charm of his

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