From collection Creating Acadia National Park: The George B. Dorr Research Archive of Ronald H. Epp

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Gray, John Chipman 1839-1915
Gray , John Chipman
1839-1915
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1 Gray, John
The nature and sources of the law /
1997 BK
Chipman, 1839-
1915.
2 Gray, John
The nature and sources of the law
1983 BK
Chipman, 1839-
1915.
3 Gray, John
The nature and sources of the law.
1972 BK
Chipman, 1839-
1915.
4 Gray, John
The nature and sources of the law /
1963 BK
Chipman, 1839-
1915.
5 Gray, John
The rule against perpetuities
1942 BK
Chipman, 1839-
1915.
6 Gray, John
The nature and sources of the law /
1938 BK
Chipman, 1839-
1915.
7 Gray, John
The nature and sources of the law /
1931 BK
Chipman, 1839-
1915.
8 Gray, John
Nature and Sources of the Law.
1931 BK
Chipman, 1839-
1915.
9 Gray, John
The nature and sources of the law,
1927 BK
Chipman, 1839-
1915.
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10 Gray, John
War letters, 1862-1865, of John Chipman Gray and John Codman
1927 BK
Chipman, 1839-
Ropes
with portraits.
1915.
11 Gray, John
The nature and sources of the law,
1921 BK
Chipman, 1839-
1915.
12 Kales, Albert
Future interests and illegal conditions and restraints, by Albert M. Kales. 1918 BK
Martin, 1875-1922.
13
John Chipman Gray.
1917 BK
14 Kales, Albert
Cases on future interests and illegal conditions and restraints, selected
1917 BK
Martin, 1875-1922.
from the decisions of
15 Gray, John
The nature and sources of the law.
1916 BK
Chipman, 1839-
1915.
16 Gray, John
The rule against perpetuities.
1915 BK
Chipman, 1839-
1915.
17
Miscellaneous memorials in honor of John Chipman Gray and addresses 1915 BK
by him.
18 Gray, John
Whitby V. Mitchell Once More.
1913 BK
Chipman, 1839-
1915.
19 Watt, Harold
The Class Notes of Harold Livingston Watt, 1911-1912.
1911 MX
Livingston.
20 Chafee,
The class notes of Zechariah Chafee, 1910-1913.
1910 MX
Zechariah, 1885-
1957.
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Records 21 - 40 of 78
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Authors, All
Current Gray, John Chipman, 1839-1915
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Gray, John, d. 1769
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Year Format
21 Gray, John
The nature and sources of the law
1909 BK
Chipman, 1839-
1915.
22 Gray, John
Summary of the law of evidence
1909 MX
Chipman, 1839-
1915.
23 Hazeltine, Harold
Correspondence, 1898-1954.
1909 MX
D. (Harold
Dexter), 1871-1960.
24 Gray, John
In Memoriam; Frederic William Maitland.
1907 BK
Chipman, 1839-
1915.
25 Gray, John
In re Mortimer.
1907 BK
Chipman, 1839-
1915.
26 Hudson, Manley
The class notes of Manley Ottmer Hudson, 1907-1909.
1907 MX
Ottmer, 1886-
27 Bechtel, Edwin De
The class notes of Edwin DeTurck Bechtel, 1906-1908.
1906 MX
Turck, 1880-1957.
28 Christie, Loring
The class notes of Loring Cheney Christie, 1906-1908.
1906 MX
Cheney, d. 1941.
29 Gray, John
The rule against perpetuities.
1906 BK
Chipman, 1839-
1915.
30 Scott, Austin
The Class Notes of Austin Wakeman Scott, 1906-1909.
1906 MX
Wakeman, 1884-
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1981.
31 Sears, Francis B.
Francis B. Sears vs. the Attorney-General and others : brief for the
1906 BK
plaintiff.
32 Gray, John
Select cases and other authorities on the law of property.
1905 BK
Chipman, 1839-
1915.
33 Gray, John
Select cases and other authorities on the law of property.
1905 BK
Chipman, 1839-
1915.
34 Ames, James
Address accepting portraits of James Bradley Thayer and James Barr
1904 BK
Barr, 1846-1910.
Ames.
35 Gray, John
[Address accepting portraits of James Bradley Thayer and James Barr
1904 BK
Chipman, 1839-
Ames]
1915.
36 Gray, Roland, 1874- A catalogue of books belonging to John Chipman Gray, Boston
1904 BK
1957.
37 Kales, Albert
Correspondence on the rule against perpetuities, 1904-1913.
1904 MX
Martin, 1875-1922.
38 Best, William
Class notes of William Hall Best, 1903-1906.
1903 MX
Hall, 1877-1960.
39 Powell, Thomas
The class notes of Thomas Reed Powell, ca. 1901-1904.
1901 MX
Reed, 1880-1955.
40 Seavey, Warren
The class notes of Warren Abner Seavey, ca. 1901-1904.
1901 MX
Abner, 1880-1966.
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Records 41 - 60 of 78
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Authors, All Current Gray, John Chipman, 1839-1915
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41 Wambaugh,
Notes and references to volume I of Gray's cases on property.
1901 BK
Eugene, 1856-1940.
42 Chase, Philip
The class notes of Philip Putnam Chase, 1900-1903.
1900 MX
Putnam, 1878-1978.
43 Kennedy,
The class notes of Sinclair Kennedy, ca. 1899-1902.
1899 MX
Sinclair, 1875-1947.
44 Warren,
The Class Notes of Joseph Warren, 1897-1900.
1897 MX
Joseph, 1876-1942.
45 Gray, John
Restraints on the alienation of property /
1895 BK
Chipman, 1839-
1915.
46 Gates, Elias, d.
The class notes of Elias Gates, 1894-1897.
1894 MX
1929.
47 Ware, Henry, 1871-
The Class Notes of Henry Ware, 1893-1896.
1893 MX
1956.
48 Duane, Russell,
Elizabeth D. Gillespie, administratrix d.b.n.c.t.a. of the estates of
1892 BK
1866-1938.
Benjamin Franklin and Rich
49 Avery, Russ, d.
Class notes of Russ Avery, 1891-1892.
1891 BK
1953.
50 Burleigh, Lewis
The class notes of Lewis Albert Burleigh, 1891-1892.
1891 MX
Albert, d. 1949.
51 Duane, Russell,
Estate of Benjamin Franklin, deceased. Appeal of Elizabeth D. Gillespie
1891 BK
1866-1938.
and Albert D. Bache from
52 Barnes, Charles
The class notes of Charles Benjamin Barnes, 1890-1893.
1890 MX
Benjamin, 1868-
1956.
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53 Bunker, Clarence
The class notes of Clarence Alfred Bunker, 1889-1892.
1889 MX
Alfred, 1866-1961.
54 Phillips
Trustees of Phillips Academy, in equity, V. the Attorney-General et al.
1889 BK
Academy. Trustees.
: reservation, bill, and
55 Smyth, Egbert
Egbert C. Smyth V. Visitors of the Theological Institution in Phillips
1889 BK
Coffin, 1829-1904.
Academy in Andover : peti
56 Gray, John
Select cases and other authorities on the law of property microform /
1888 BK
Chipman, 1839-
1915.
57 Gray, John
Determinable Fees.
1887 BK
Chipman, 1839-
1915.
58 Gray, John
The rule against perpetuities microform /
1886 BK
Chipman, 1839-
1915.
59 Gray, John
Letters, 1885, 1913.
1885 MX
Chipman, 1839-
1915.
60 Gray, John
Restraints on the alienation of property microform /
1883 BK
Chipman, 1839-
1915.
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Records 61 - 78 of 78
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Authors, All Current Gray, John Chipman, 1839-1915
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61 Gray, John
[Select cases and other authorities on the law of property.
1880 BK
Chipman, 1839-
1915.
62 Montaiglon, Anatole Le cento novelle antiche : manuscript, 1879 Sept. 12.
1879 BK
de, 1824-1895, tr.
63 Parker, Edmund
The class notes of Edmund Morley Parker, ca. 1879-1882.
1879 MX
Morley, 1856-1938.
64 Woodman, Edward.
Class notes of Edward Woodman, 1878-1879.
1878 MX
65 Jones, John
Diary and classnotes of John Richard Jones, 1876-1877.
1876 MX
Richard, 1856-1913.
66 Wigglesworth,
The Class Notes of George Wigglesworth, 1876-1877.
1876 MX
George, 1853-1930.
67 Pollock,
Correspondence, 1848-1937.
1871 MX
Frederick, Sir, 1845-
1937.
68 Story, Joseph, 1779- Commentaries on the law of partnership microform : as a branch of
1868 BK
1845.
commercial and maritime jurisp
69 Gray, John
Courts of Conciliation.
1866 BK
Chipman, 1839-
1915.
70 Metcalf,
Letters, 1860, 1867.
1860 MX
Theron, 1784-1875.
71 Gray, John
Correspondence, 1800-1932.
1800 BK
Chipman, 1839-
1915.
72 Phillips
The Trustees of Phillips Academy, a corporation established by law in the
AAAA
BK
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Academy. Trustees. Commonwealth of Massac
73 Silvatico, Matteo, d.
Incipit Liber cibalis et medicinalis pandectarvm Mathei Silvatici.
1474 BK
ca. 1342.
74 Gray, John
Cases and Treatises.
AAAA
BK
Chipman, 1839-
1915.
75 Gray, John
Digest of Property,
MAA
BK
Chipman, 1839-
1915.
76 Gray, John
Tribute[s]
AAAA
BK
Chipman, 1839-
1915.
77 Gray, John
Letters on Future Interests, 1904-1913.
AAAA
BK
Chipman, 1839-
1915.
78 Gray, John
Jeremiah Mason, 1768-1848.
MAA
BK
Chipman, 1839-
1915.
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Essays, agriculture * Literary
John Chipman Gray Boston: Little,bows
1856
Then President of the Mass. Soc. forth Promotive of Agriculture.
CONTENTS. Nits member.
PAGE
REMARKS ON NEW ENGLAND AGRICULTURE
.
1
ESSAY ON FOREST TREES
75
ESSAY ON ORCHARDS
129
ESSAY ON THE CLIMATE OF NEW
167
ADDRESS BEFORE THE MASSACHUSETTS HISTORICAL
SOCIETY
205
ADDRESS BEFORE THE MIDDLESEX SOCIETY OF HUS-
BANDMEN AND MANUFACTURERS
229
ESSAY ON DANTE
253
ESSAY ON DEMOSTHESES
303
ESSAY ON COLLEGE EDUCATION
337
Gray, John Chipman, 1839-1915. Correspondence: Guide.
Page 1 of 8
bMS Am 2152
Gray, John Chipman, 1839-1915. Correspondence:
Guide.
Houghton Library, Harvard College Library
Harvard University, Cambridge, MA 02138
© 2002 The President and Fellows of Harvard College
Descriptive Summary
Repository: Houghton Library, Harvard College Library, Harvard University
Location: Harvard Depository
Note: This collection is shelved offsite at the Harvard Depository. See access restrictions below for
additional information. NOTE: Box 1 of this collection also houses the entire collection of MS Am
2151.
Call No.: MS Am 2152
Creator: Gray, John Chipman, 1839-1915.
Title: Correspondence,
Date(s): 1800-1932.
Quantity: 4 boxes (1.5 linear ft.)
Abstract: Correspondence of Harvard professor and lawyer John Chipman Gray.
Administrative Information
Acquisition Information: *47M-332
Gift of Roland Gray, 36 Larch Road, Cambridge, Massachusetts and Eleanor (Gray) Tudor,22
Larch Road Cambridge, Massachusetts; received: 1948 June 28.
Access Restrictions: Restrictions on physical access, if any. This collection is not housed at the
Houghton Library but is shelved offsite at the Harvard Depository. Retrieval requires advance
notice. Readers should check with Houghton Public Services staff to determine what material is
offsite and retrieval policies and times.
Historical Note
Gray (Harvard A.B. 1859; LL.B. 1861) ) was a legal scholar, founder (with classmate John C.
Ropes) of the Boston law firm Ropes & Gray, and a professor of law at the Harvard Law School.
His wife was Anna Lyman Mason.
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Gray, John Chipman, 1839-1915. Correspondence: Guide.
Page 2 of 8
Arrangement
Arranged alphabetically by author.
Scope and Content
Consists chiefly of letters written to John Chipman Gray and his wife, Anna Lyman Mason
Gray, many of which are RSVPs to social engagements from notable Boston and Harvard figures.
Other topics include John Gray's legal writings and lectures and Anna Gray's poetry. Includes two
autograph letters of Daniel Webster (addressed to others), and several letters of condolence from
acquaintances such as Abbott Lawrence Lowell on the occasion of John Gray's death. The
collection also includes letters to other members of the Gray family and some Gray family
ephemera, such as stock certificates.
Items concerning Japan include a letter from Isabella Stewart Gardner describing her
impressions of Japanese culture and society, a letter from Fanny MacVeagh, wife of the American
ambassador to Japan, describing the landscape and culture, and a collection of letters from John
Gray's former student Kentaro Kanako, a Japanese noble and diplomat, whose letters describe the
politics, government, and society of Japan and express great nostalgia for Boston society. He also
discusses newly published political science works and his translations of many such works. Kanako
visited the United States several times and wrote to the Grays from both Japan and the United
States.
Container List
(1) Adams, Charles Francis, 1835-1915. A.L.s. (Charles F. Adams) to [John Chipman] Gray; South
Lincoln, 30 [?] folder (21.)
(2) A.L.s.(C.F.A.Jr.) to [John Chipman] Gray Jr.; Boston, 7 Jan 1873. folder (21.)
(3) Adams, Henry, 1838-1918. A.L.s. to John [Chipman Gray]; Washington, 25 Jan 1865. folder
([4]p.)
(4) Adams, John Quincy, pres.U.S., 1767-1848. A.L.s.(J.Q.Adams) to Horace Gray, Quincy, 9 Aug
1831. folder (11.)
address on p.4.
(5) Agassiz, Elizabeth (Cary), 1822-1907. A.N.s.(E.C.Agassiz) to [ ? ]; Nahant, 14 Sep [190-?]
folder (11.)
(6) Allen, Edward E. Typed L.s. to [Anna Lyman (Mason)] Gray; [Watertown] 19 May 1931.
folder (21.)
(7) American committee for devastated France, New York. Typed L.(Elizabeth Scarborough) to
[Anna Lyman (Mason) Gray]; New York, 22 Dec 1922. 21.
(8) Andrew, John Albion, 1818-1867. Ms.L.s. (John A. Andrew) to E.M. Stanton, Boston, 5 Sep
1862. folder ([2]p.)
(9) Aqueduct corporation, Boston, Printed Receipt filled out in ms., .(Thacher Beal) to Horace
Gray; Boston, 1 Oct 1845. 11.
(10) Bancroft, George, 1800-1891. A.L.s.(Geo.Bancroft) to L.S.Foster; Newport, 30 Jul 1859.
folder ([3]p.)
(11) Baldwin, Simeon Eben, 1840-1927. Typed L.s.(Simeon E. Baldwin) to [John Chipman] Gray;
New Haven, 15 Nov 1909. 11.
(12) Bartlett, Franklin, d.1909. A.L.s. to [Anna Lyman (Mason)] Gray; Washington, 17 Apr 1894.
31.
(13) Bates, Arlo, 1850-1918. A.L.s. to [Anna Lyman (Mason)]. Gray; [Boston] 26 Feb 1915. folder
([4]p.)
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John Codman Ropes - Wikipedia, the free encyclopedia
Page 1 of 2
John Codman Ropes
From Wikipedia, the free encyclopedia
John Codman Ropes (April 28, 1836 in St. Petersburg, Russia - October 28, 1899 in Boston,
Massachusetts) was an American military historian and lawyer, and the co-founder of the law firm
Ropes & Gray.
Ropes was born in St. Petersburg on April 28, 1836, the son of a leading merchant of Boston who was
engaged in business in Russia. At the age of fourteen, his family having returned to Massachusetts, he
developed an infection of the spine which eventually became a permanent deformity. His courage and
energy, however, did not allow him to yield to his affliction.
He entered Harvard in 1853, and graduated in 1857. His interests as a young man were chiefly religious,
legal and historical, and these remained with him throughout life, his career as a lawyer being
conspicuous and successful. But it was the outbreak of the U.S. Civil War in 1861 which fixed his
attention principally on military history. He ceaselessly assisted with business and personal help and
friendship the officers and men of the 20th Massachusetts regiment, in which his brother, Henry Ropes,
was killed in action at Gettysburg, and after the war he devoted himself to the collection and elucidation
of all obtainable evidence as to its incidents and events. In 1865, he co-founded the Boston-based law
firm Ropes & Gray with John Chipman Gray.
In this work his clear and unprejudiced legal mind enabled him to sift the truth from the innumerable
public and private controversies, and the ill-informed allotment of praise and blame by the popular
historians and biographers. The focus of his work was the Military Historical Society of Massachusetts,
which he founded in 1876. The work of this society was the collection and discussion of evidence
relating to the great conflict. Although practically every member of his society except himself had
fought through the war, and many, such as Hancock and W. F. Smith, were general officers of great
distinction, it was from first to last maintained and guided by Ropes, who presented to it his military
library and his collection of prints and medals. He died at Boston on the 28th of October 1899.
His principal work is an unfinished Story of the Civil War, to which he devoted most of his later years;
this covers the years 1861-62. The Army under Pope is a detailed narration of the Virginia campaign of
August-September 1862, which played a great part in reversing contemporary judgment on the events of
those operations, notably as regards the unjustly-condemned General Fitz John Porter. Outside America,
Ropes is known chiefly as the author of The Campaign of Waterloo, which is one of the standard works
on the subject.
The greater part of his studies of the Civil War appears in the Military Historical Society's publications.
Papers on the Waterloo campaign appeared in the Atlantic Monthly of June 1881, and in Scribner's
Magazine of March and April 1888. Among his miscellaneous works is a paper on The Likenesses of
Julius Caesar in Scribner's Magazine (February 1887).
See also
Ropes & Gray, law firm co-founded by Ropes
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John Codman Ropes - Wikipedia, the free encyclopedia
Page 2 of 2
References
e This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed.
(1911).
marticle name needed,,
Encyclopcedia Britannica (11th ed.) Cambridge University Press.
Retrieved from"https://en.wikipedia.org/w/index.php?title=John_Codman_Ropes&oldid=7058530687
Categories: 19th-century American historians 1836 births 1899 deaths Harvard University alumni
People of Massachusetts in the American Civil War|Historians of the American Civil War
Massachusetts lawyers I American military historians | American male writers
This page was last modified on 19 February 2016, at 23:06.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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John Chipman Gray
From Wikipedia, the free encyclopedia
John Chipman Gray (July 14, 1839 - February 25, 1915) was an
American scholar of property law and professor at Harvard Law
School. He also founded the law firm Ropes & Gray, with law
partner John Codman Ropes. He was half-brother to U.S. Supreme
Court justice Horace Gray.
Contents
1 Early life
2 Legal career
3 Works written by Gray
4 External links
Early life
John Chipman Gray.
Gray was a graduate of Boston Latin School. From there, he went on to Harvard University, where he
earned his Bachelor of Arts degree in 1859, and Harvard Law School, where he earned his law degree in
1861. He was admitted to the bar in 1862, and thereafter served in the Union Army in the American
Civil War. He enlisted from Boston as a 2nd Lt. in Company "B", 4th Battalion, Massachusetts Infantry
on 27 May 1862, was mustered out a few days later, then was commissioned into Company "H", 3rd
Massachusetts Cavalry on 7 October 1862. He left that unit to accept a commission as a Major in the
U.S. Volunteers' Adjutant General Department on 25 July 1864. Gray was wounded at the Battle of
Opequon (Third Battle of Winchester) on 19 September 1864, and resigned from the Army on 14 July
1865.
Legal career
In 1865, after the end of the Civil War, Gray established his law practice in Boston, Massachusetts,
which would eventually evolve into the modern firm of Ropes and Gray. In 1869, he began teaching at
Harvard Law School, first as a lecturer, and became a full professor in 1875. In 1883, he was named
Royall Professor of Law (a chair named for Isaac Royall, Jr.), a position he would hold for 20 years. He
received honorary Doctor of Laws degrees from Yale University in 1894, and from Harvard in 1895.
Two years after retiring from teaching, he died at Boston, Massachusetts on February 25, 1915.
Works written by Gray
https://en.wikipedia.org/wiki/John_Chipman_Gray
5/16/2016
John Chipman Gray - Wikipedia, the free encyclopedia
Page 2 of 2
Gray wrote two books on future interests, Restraints on the Alienation of Property (1883), and The Rule
against Perpetuities (1886). His best known work is his survey of the common law, The Nature and
Sources of the Law (1909). Gray's writings were SO influential that they are still used in American law
schools and cited in law journals to this day.
External links
Article from Thompson-Gale Legal Encyclopedia, courtesy of Jrank
http://law.jrank.org/pages/7215/Gray-John-Chipman.html
Index of Gray's correspondence, from Harvard University Library
(http://oasis.harvard.edu:10080/oasis/deliver/~hou01090)
Biography of John Chipman Gray (http://www.cap-press.com/isbn/9781594603983)
Retrieved from"https://en.wikipedia.org/w/index.php?title=John_Chipman_Gray&oldid=712240494'
Categories: 1839 births 1915 deaths American legal scholars American legal writers
Boston Latin School alumni | Harvard Law School alumni | Harvard Law School faculty
People of Massachusetts in the American Civil War Scholars of property law
Harvard University alumni American jurist stubs
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may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Ropes & Gray -- Company History
Page 1 of 6
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Ropes & Gray
Address:
One International Place
Boston, Massachusetts 02110-2624
U.S.A.
Telephone: (617) 951-7000
Fax: (617) 951-7050
http://www.ropesgray.com
Statistics:
Partnership
Founded: 1865
Employees: 420
Sales: $210.5 million (1999)
NAIC: 54111 Offices of Lawyers
Company Perspectives:
For over a century Ropes & Gray has been one of the leading law firms in the United States. Through changing
times and circumstances, clients of all sizes have consistently sought us out when faced with difficult problems.
What brings them here? And what do we bring to them?
We think the answers start from a simple premise about what clients need and how law firms can provide it. Clients
need the best lawyers they can find, and the most successful firms are those that combine superior talent with a
supportive environment where nothing gets in the way of solving clients' problems. We've done our best to act on
this premise. Lawyer by lawyer, client by client, we've built a reputation for first-rate work, a positive outlook, and
the highest standards of service and ethics. As a result we've continued to attract excellent clients, challenging
assignments--and outstanding lawyers.
Key Dates:
http://www.fundinguniverse.com/company-histories/Ropes-amp;-Gray-Company-History....
4/19/2012
Ropes & Gray -- Company History
Page 2 of 6
1865: Partnership of Ropes and Gray is founded in Boston.
1878: Partnership is renamed Ropes, Gray & Loring.
1899: Firm becomes Ropes Gray & Gorham.
1914: Firm is renamed Ropes, Gray, Boyden & Perkins.
1940: Firm becomes known as Ropes, Gray, Best, Coolidge & Rugg.
1942: Partner Albert Boyden publishes a history of the firm.
1961: Firm chooses the permanent name of Ropes & Gray.
1981: Washington, D.C. office is opened on January 1.
1985: Providence, Rhode Island office is opened.
2000: Firm establishes a New York office.
Company History:
Founded in 1865, Ropes & Gray is one of the oldest and most respected law firms in the nation. A full-service firm,
Ropes & Gray provides legal advice to mostly corporate clients, including local Boston companies and large
multinational firms in many nations. As Boston's largest law firm, Ropes & Gray represents Harvard University and
many other educational institutions, in addition to businesses in a wide variety of other industries. For example, it
serves as special or general counsel to more than 100 public companies and assists more than 500 mutual funds or
fund boards. Due to their public service, Elliot Richardson and Archibald Cox were two of the better known Ropes
& Gray partners.
Origins and Early Practice: 1865-1945
John Codman Ropes and John Chipman Gray, Jr., both grew up in wealthy Salem, Massachusetts families and
graduated from Harvard College and Harvard Law School before they formed their partnership in 1865. In the first
13 years they served mainly individuals, plus a few companies, and Harvard, a longtime client.
The two founders made contributions outside their private law practice. Gray taught part-time at Harvard Law
School, where he helped begin the use of the case method that became standard procedure in 20th-century law
schools. Ropes served as an assistant U.S. attorney and wrote books on the history of the Civil War and Napoleon.
The two partners also were the first editors of the American Law Review.
In 1878 the firm began changing when it brought in William C. Loring and changed the firm's name to Ropes, Gray
& Loring. As counsel to the New York and New England Railroad, Loring shifted the firm's practice from
individuals to mainly corporations. That was a general trend of the late 1800s as businesses increased in size and
complexity, and many lawyers became business advisors behind the scenes. 'These corporate law attorneys became
the recognized elite of the profession and the molding force in the profession," wrote Gerald Gawalt, 'even though
membership in the large law firm was and remains reserved for a very small percentage of American lawyers.'
In the 1890s Ropes, Gray & Loring began its public finance practice by helping municipalities sell bonds. In 1890
the firm's net income had increased to 71,108.24 from just $8,331.64 in 1878. In 1899 the firm changed its name to
Ropes Gray & Gorham with the departure of Loring to become a justice of the Commonwealth Supreme Judicial
Court and the addition of Robert Gorham as the new name partner.
The firm continued to grow in the early 20th century, reaching 11 lawyers and 15 staff personnel in 1910. After
Gorham died, in 1914 the partnership became Ropes, Gray, Boyden & Perkins, with Roland Boyden and Thomas
Perkins as the two new name partners. By 1920 the firm had grown to 43 lawyers and 53 staff members.
The partnership prospered during the business expansion and bull market of the 1920s, including serving Canadian
paper and pulp companies and other foreign interests. A correspondent office operated in New York City from 1920
to 1938. In 1929 the firm opened a Paris office mainly to serve the needs of its client Lee, Higginson & Co., but that
operation ended in 1932 because of the Great Depression and a financial scandal.
In 1926 and 1930 the firm gained its first Irish Catholic and Jewish partners, respectively. Most of the firm remained
white Protestants, however, typical of most big law firms of that era.
http://www.fundinguniverse.com/company-histories/Ropes-amp;-Gray-Company-History
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Ropes & Gray -- Company History
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During the Depression, the firm increased its bankruptcy and reorganization practice. For example, all but one firm
attorney worked on reorganizing the Brown Company, which owned paper mills and timber properties. Yet overall,
the partnership suffered as business activity declined. The 1930s was the only decade in the firm's long history when
it actually decreased in size, from 58 lawyers and 85 staff employees in 1930 to 49 lawyers and 65 staff in 1940.
In spite of the bad days, some good things happened during the Depression. The firm picked up work on a large
International Hydroelectric bond issue. It also gained some work from the flurry of New Deal laws and regulations.
Like many other law firms, it developed a labor practice by representing companies that dealt with increased union
strength after Congress passed the National Labor Relations Act in 1935. It also helped corporations prepare
financial reports for the newly created Securities and Exchange Commission.
In the 1930s the firm also began serving Serge Semenenko, a Russian immigrant who became a lending officer for
the First National Bank of Boston. Firm lawyers drew up loan agreements for Semenenko, who introduced the
lawyers to the world of Hollywood and entertainment. Thus began a long relationship between the law firm and
Boston's preeminent bank.
In 1940 the partnership changed its name to Ropes, Gray, Best, Coolidge & Rugg, making Charles Coolidge,
Charles Rugg, and William H. Best the new name partners.
The firm in 1944 began representing Admiral Husband E. Kimmel, who had been the Pacific Fleet commander-in-
chief when the Japanese attacked Pearl Harbor on December 7, 1941. The Roberts Commission blamed Kimmel and
the Army's top general in Hawaii for not being prepared for the Pearl Harbor attack, but Kimmel, assisted by the law
firm's attorneys, spent literally decades trying to clear his name.
Post-World War II Years
Soon after World War II ended, the firm worked on reorganizing the Massachusetts Hospital Life Insurance
Company, a complicated matter that some doubted could ever be realized. It also defended the Hood Milk Company
in several cases.
The Arnold Arboretum controversy, started in 1946, engaged Ropes & Gray for 20 years. Harvard, the firm's client,
wanted the arboretum to be consolidated under control of its Biology Department, while others wanted the
arboretum to remain more autonomous. The Massachusetts Supreme Judicial Court finally ruled in Harvard's favor
in 1966.
In 1950, 56 lawyers worked at Ropes & Gray. At that time it did considerable work for Paine Webber, located
nearby. Other clients included the Eastern Gas and Fuel Associates, the New England Electric System, Sylvania,
Brown Company, Gillette, Kendall Company, Jones & Lamson, and several investment companies. For many years
the firm also represented Ocean Spray Cranberries, a company it had helped organize.
Ropes & Gray lawyer Charles Coolidge and other leading Boston Protestants began urban renewal projects in the
1960s. Carl Brauer in his firm history said those 'efforts helped end the historic division between that group, which
largely `owned' the city, and its Irish Catholic political majority, which largely ran it. That renaissance in turn had
more than a little to do with the vitality and growth of Ropes & Gray and other Boston law firms during the 1970s
and 1980s.'
In 1964 Elliot Richardson, probably the best known Ropes & Gray lawyer, finally left the law firm for good. He had
joined the firm back in the 1930s but left frequently for prominent government positions. He held four cabinet posts
and other positions in the Eisenhower, Nixon, Ford, Carter, and Bush administrations. Richardson became best
known in 1974 when he resigned as U.S. attorney general, rather than comply with President Richard Nixon's
demand to dismiss Watergate special prosecutor Archibald Cox, another former Ropes & Gray lawyer.
By the mid-1960s Ropes & Gray's clients included Central Maine Power Company, Maine Yankee Atomic Power
Company, Boston Edison, Narragansett Brewing, Cabot Corporation, Copper Range, Boston Filter, American
Thread, Morse Shoe, Radio Shack Corporation, John Hancock Mutual Life, Putnam Funds, Investment Trust of
Boston, WGBH Educational Foundation, New England Medical Center, Berkshire Hathaway, Massachusetts Port
Authority, Hotel Corporation of America, and several others. Most of its corporate clients were based in New
http://www.fundinguniverse.com/company-histories/Ropes-amp;-Gray-Company-History..
4/19/2012
JOHN CHIPMAN GRAY
1839-1915
J
OHN CHIPMAN GRAY qualified for membership in the
Saturday Club on three distinct grounds. He was naturally
a scholar with very wide interests and an omniverous reader; he
was a lawyer of eminence; and he was a teacher who loved to teach.
He was born at Brighton, July 14, 1839, a younger half-brother
of] Horace Gray, commemorated earlier in this volume, a son of
Horace and Sarah Russell (Gardner) Gray. After attending the
Boston Latin School he graduated from Harvard College in 1859
with high rank, and from the Harvard Law School in 1861. He
studied for a third year at the Law School, and then enlisted in
the army, remaining until the end of the war. During his service
he was second lieutenant in the Forty-first Massachusetts Infantry
and the Third Massachusetts Cavalry, an aide-de-camp to General
Gordon, and major and judge advocate of United States Volun-
teers on the staffs of General Foster and General Gillmore. His
life-long friend, Mr. Justice Holmes, mentions the fact, that 'when
he was in the army he was the first officer to meet Sherman at
Savannah after the march to the sea, and is referred to in Sher-
man's report of his operations as "a very intelligent officer,"
which, as Justice Holmes says, is 'a striking tribute to one who
barely had reached manhood from the great commander at the
crowning moment of his success.'
After the war he came back to Boston and began the practice of
his profession in partnership with John C. Ropes, an old friend and
classmate in the Law School. Later, by the addition of William
Caleb Loring (later Mr. Justice Loring), the firm became Ropes,
Gray and Loring; and at the time of Mr. Gray's death, under the
name of Ropes, Gray, Boyden and Perkins, it included eight of his
former pupils, among them his son Roland. In 1873 he married
Anna Lyman Mason, who, with their son and daughter, has sur-
vived him.
With Mr. Ropes he founded the American Law Review in 1866,
224
The Saturday Club
and edited it for several years with ability and success. There-
after he published several treatises of marked excellence. The first
edition of his 'Restraints on the Alienation of Property' was pub-
lished in 1883, the second in 1895. 'The Rule against Perpetuities'
had three editions, in 1886, 1906, and 1915. 'The Nature and
Sources of the Law,' embodying the substance of lectures delivered
at Harvard and Columbia, was published in 1909. He also pub-
lished two editions of his collected 'Cases on Property' in six vol-
umes, and various articles in magazines.
He began to teach at the Harvard Law School in 1869, before
Dean Langdell came from practice to the School. He was first
appointed as lecturer, and this appointment was renewed in 1871
and again in 1872 and 1873. On March 18, 1875, he was made
Story Professor of Law, and on November 12, 1883, Royall Pro-
fessor of Law. He resigned on February I, 1913, and became
Royall Professor of Law Emeritus. His term of service thus covered
the whole development of the modern School, and nearly every
member of the present faculty studied under him. He taught many
subjects-Bankruptcy and the law of the Federal Courts, Con-
flict of Laws, Evidence, Constitutional Law, all branches of the
law of property, and Jurisprudence - with conspicuous success.
This statement gives an outline of a long, full, very useful life.
His colleague, Professor Williston spoke of him thus:- - 'When
Gray died there passed from among us a man whose type has al-
ways been rare and is growing rarer. It is so difficult to achieve
excellence even in one department that the old ideal of a rounded
life and a broad intellectual outlook has been almost surrendered
by men of serious purpose, as inconsistent with any plan of real
accomplishment. Gray, however, found no inconsistency. He was
at once a specialist in a narrow and difficult branch of the law, a
lawyer in general practice, a man of affairs, a teacher, a writer, a
well-read scholar in various fields with cultivated interest in let-
ters and art, and a man of the world by no means averse to ming-
ling in congenial society.'
This same colleague has described him as a teacher in these
words: 'He came to Cambridge
first as a lecturer and after-
wards as a professor. He became a convert rather early to the
226
The Saturday Club
John Chipman Gray
227
did - Gray said: "This method of legal reasoning puts the de-
between counsel where facts are in controversy. His engagements
cisions of the court on a par with the utterances of Balaam's ass -
at the Law School naturally kept him from taking part in pro-
divinely inspired, but presupposing no conscious intelligence on the
tracted hearings, and the tedious investigation of contested issues
part of the creature from whom they proceed."
or the strain of a jury trial were not to his taste, so that our paths
Of his scholarly instincts the words of his intimate friend, Mr.
did not cross. My relations with him, though never intimate,
Justice Holmes, may be quoted: 'His knowledge, his immense read-
were mainly social.
ing, his memory, were not confined to the actualities of the day,
For more than forty years I met him at the monthly meetings
Alongside of mathematics, and the latest German works on juris-
of a small dinner club to which we both belonged, where conversa-
prudence, alongside of his mastery of the law, equally profound and
tion was unrestrained; but, while Gray enjoyed the meetings and
available for teaching in the Law School and advising upon great
listened with evident pleasure to what others said, he himself said
affairs, he not only kept up the study of Greek and Roman classics,
little. He was never controversial, never inclined to talk for the
but he was familiar with a thousand by-paths among books. I
pleasure of discussing some question on which we differed. He
think he could have given a clear account of the Bangorian con-
scemed to enjoy more the exchange of views with a sympathetic
troversy, the very name of which has been forgotten by most of
neighbor on some literary topic, or like subject, where no violent
us, and he could have recited upon all manner of curious memoirs
difference was possible. He had decided opinions and was always
or upon pretty much any theme that falls within the domain of
willing to state them, but he was not concerned that others should
literature, properly SO called. He loved books, and his beautiful
adopt them. He espoused no cause, but was a scholar interested
collection ranged from the Theodosian code to curious eighteenth
in observing and studying the world and feeling no obligation to
century tracts.' In the words of another friend, 'He read every-
take part in its conflicts. He was more at home in his library than
thing and forgot nothing.'
in the arena. His true rôle was that of the student, the teacher and
I may add a few words of personal tribute. Seven years my
counsellor, and he was guided wisely in choosing the work of his
senior in collegiate standing, I first met him when I was a junior
life. Whatever he did was done well. He went through life serenely,
in Harvard, and he was a singularly handsome youth just returned
earnestly, modestly, with scrupulous regard for the rights and
from the army with his life before him. I saw him last in his cham
feelings of others, but without seeking notoriety or apparently even
ber after his work was done and he was waiting with perfect serenity
caring for the recognition which was his due. He seemed in his
and cheerfulness for the end which as we both knew could not be
daily labors to recognise and act upon the truth stated by Justice
far distant. I served under him when he was editing the American
Holmes, that 'the root of joy as of duty is to put out all one's
Law Review, and I have practised law side by side with him ever
powers for some great end
to hammer out as compact and solid
since I was admitted to the bar. It is singular how often two men
a piece of work as one can, to try to make it first rate, and to leave it
may both be in active practice for years in the same city without
unadvertised.' Wherever he went he inspired confidence, and he
ever crossing swords, and this was my experience with John Gray
carried with him always the high respect and warm regard to all
Twice in forty years I was opposed to him in lawsuits, but they
that was best in this community, whether men knew him as asso-
both went off on questions of law raised at the outset. I have met
ciate, opponent, teacher, or friend. He died, February 25, 1915, in
him in consultation, and my firm was often retained against his,
the fullness of years with his mental vigor unabated, and still en-
generally in cases involving the construction of a will which were
joying the intellectual pursuits in which he had taken pleasure
argued by my partner, but I can recall no instance in all that time
throughout his life.
of any friction in my dealings with him such as is almost inevitable
MOORFIELD STOREY
JOHN CHIPMAN GRAY
Notei
In 1823 Josiah 2vincy becomes
Mayor. J. C. Gray is on the
Common Council representing
Ward 9 (one of four) in 1824-1828
the lost year of the Quincy
mayorality. SeeQuinegi A
Municipal History of the Town
and City of Boston. Boston: 1852.
BOSTON
PRIVATELY PRINTED
MDCCCCXVII
CONTENTS
PAGE
MEMOIR BY ROLAND GRAY
3
ADDRESSES DELIVERED BEFORE THE MASSACHU-
SETTS HISTORICAL SOCIETY, MARCH 12, 1915
BY CHARLES FRANCIS ADAMS
45
BY OLIVER WENDELL HOLMES
48
BY MOORFIELD STOREY
51
ARTICLES IN HARVARD LAW REVIEW, APRIL,
1915
BY EZRA RIPLEY THAYER
57
BY SAMUEL WILLISTON
66
BY JOSEPH HENRY BEALE
73
ARTICLE IN HARVARD GRADUATES' MAGAZINE,
JUNE, 1915
BY EUGENE WAMBAUGH
76
ARTICLE IN HARVARD ALUMNI BULLETIN, MARCH
3, 1915
BY EZRA RIPLEY THAYER
84
PROCEEDINGS OF THE BAR ASSOCIATION OF THE
CITY OF BOSTON AND THE SUPREME JUDICIAL
898
COURT OF THE COMMONWEALTH OF MASSA-
CHUSETTS
REMARKS OF SAMUEL JAMES ELDER
93
MEMORIAL PRESENTED BY MOORFIELD STOREY
95
REMARKS OF JOSEPH BANGS WARNER
104
REMARKS OF SAMUEL WILLISTON
113
ERRYMOUNT PRESS . BOSTON
REMARKS OF ROLAND WILLIAM BOYDEN
119
[
V
]
CONTENTS
REMARKS OF JOHN GORHAM PALFREY
122
CONCLUDING REMARKS OF SAMUEL JAMES ELDER
124
RESPONSE OF MR. JUSTICE LORING
126
RESOLUTION OF THE TRUSTEES OF THE MUSEUM
OF FINE ARTS
132
MEMORIAL SKETCH FOR THE CAMBRIDGE HISTOR-
ICAL SOCIETY
BY HOLLIS RUSSELL BAILEY
134
MEMORIAL SKETCH FOR THE AMERICAN ACADEMY
OF ARTS AND SCIENCES
BY JOSEPH HENRY BEALE
137
JOHN
BIBLIOGRAPHY OF PUBLISHED WRITINGS OF JOHN
CHIPMAN GRAY
141
MEMOIR
BY ROLAND GRAY1
I
N one of his official reports, General Sherman
mentions the dispatch of a boat up the Savannah
River on an errand of importance in charge of "avery
intelligent officer whose name I cannot recall." The
officer was Major John Chipman Gray. It was charac-
teristic of him that he found this form of honorable
mention not displeasing. Throughout a long career
in civil life, during which he attained greater distinc-
tion than he ever had the opportunity to achieve in
military life, he remained singularly modest. While
he appreciated the good opinion of those qualified to
judge his work, he disliked all publicity.
John Chipman Gray was born in Brighton, now a
part of Boston, on July 14, 1839, the son of Horace
Gray and Sarah Russell Gray, daughter of Samuel
Pickering Gardner. He was a grandson of Lieuten-
ant-Governor William Gray, a merchant of Salem
and Boston, who was the greatest shipowner in the
country at a time when we took a leading part in the
commerce of the world. From this grandfather came
to him the house in Cambridge in which he lived a
part of the year.
William and Abraham Gray, the grandfather and
father of William Gray, were pioneers in the shoe
1
This memoir was originally prepared for the Massachusetts Historical Soci-
ety, and is printed in their Proceedings for May, 1916.
[3]
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
manufacturing business in Lynn. Two of Mr. Gray's
college days. In a letter to him many years later, one
uncles, Francis Calley Gray and John Chipman Gray,
of his schoolmates tells an incident which shows that
were men of prominence in Boston and benefactors
Mr. Gray possessed in his youth the strong sense of
of Harvard College. Both were members of the Mas-
justice which later distinguished him, together with
sachusetts Historical Society. The name John Chip-
an independent spirit rare among boys. It casts light
man was derived from the father and grandfather
also on life in the school.
of Elizabeth Chipman, wife of Lieutenant-Governor
In our Fourth Class year, Mr. Gardner arranged a match
Gray, the elder of whom was a well-known clergy-
between our class and the class above us in Virgil. From
man of Beverly.
9 to 10, both classes were set to study a certain number of
Horace Gray, Chief Justice of the Supreme Court
lines; and from 9 to 2, we were all examined together by
of Massachusetts and Associate Justice of the Su-
John Noble. How vividly I recall the time of that fearful
preme Court of the United States, was an older half-
five hours examination. As our class had not yet studied
brother. Their father, Horace Gray, the senior, was
Virgil at all, the First Class lent us their books. I remem-
ber that you and I alone had so few as four mistakes only
a merchant on a considerable scale, but met with busi-
-one of which I was so lucky as to wipe out by two cor-
ness reverses before his sons had grown up, which
rections" of false quantities, thereby saving my "approba-
forced them to depend as young men upon their own
tion card" at the week's end. Next day Mr. Gardner came
exertions. In after years Mr. Gray attributed what-
down with a copy of Virgil in his hand, saying that the
ever success Judge Gray and he achieved to this stim-
First Class had complained of the way in which their books
ulus in their early lives. It seems probable that men
had been handled and he asked which of us had used the
of such active minds would have achieved distinction
copy he then held. It turned out that had had it. Mr. Gard-
under any circumstances, but they might have done
ner then asked if that was the way I used borrowed books.
SO in different fields from those in which their careers
I examined the book; there were no torn leaves, no dog's
actually lay. In the case of John Chipman Gray, his
ears, no markings with pen or pencil, no blots or black spots
life might perhaps have been devoted more exclu-
at all - only a slight soiling which could not have been
avoided from the perspiration of the hands (for I had held
sively to scholarly pursuits.
that book five hours open at the same place, in front of the
Mr. Gray was educated at the Boston Latin School
furnace register). "Well?" roared Mr. Gardner. "I don't
and at Harvard College, from which he graduated
see- I began, intending to say, "I don't see there is any
in 1859. There is little record left of his school and
[ 4
5 ]
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
injury I could have avoided under the circumstances." But
The college course was followed by two years in
Mr. Gardner burst in after the word "see." 'Don't see!'
the Harvard Law School, from which he graduated
he bellowed. "Pass the book down the division and let us
in 1861. He returned for a third year of study, but
know how many can't see." So the book passed down, and,
left the School in January, 1862, receiving his Mas-
as there was the slight soiling I have mentioned, every boy
ter's degree at Commencement that year. The Law
confessed he did "see." Mr. Gardner burst out upon me
School was not then a place of strenuous work for
with a - 'Well, Sir, have you concluded that you can
teacher and student, such as it later became under
see?" "No, Sir," I replied, with the miserable sense of
the sway of a new generation of professors, of whom
being denied all justice in the way of explanation of what I
could not see. Mr. Gardner's eyes flashed fire. Striding up
Mr. Gray was one. His mind, however, was actively
to me, he shook that mighty fist of his within an inch or
employed not only in studying law but in reading on
two of my face, and roared out: "Speak another word, and
a great variety of other subjects. He passed there
I will thrash you !" Then, turning to the division, he cried
two of the happiest years of his life.
"How many boys in this room will ever believe this young
On leaving the Law School, perhaps before doing
man again on his word?" Out of the forty or fifty boys in
so, he entered the office of Peleg W. Chandler, a pro-
the room, only two dared to hold up their hand. You, who
minent member of the Boston bar. There he imme-
sat next to me, instantly held up yours; and Ned Blagden,
diately showed an aptitude for the legal profession.
emboldened by your example, soon after timidly raised his.
When Mr. Chandler subsequently recommended him
Mr. Gardner was thunderstruck at seeing you raise your
for the position of judge advocate he wrote: "John
hand; for he, no less than all the rest in that room, knew you
Gray was with me a year. He is the ablest man of
to be the most conscientious and truthful boy in the class.
his age as a lawyer that I know of.' Mr. Gray was
Mr. Gray left the Latin School at the end of the
admitted to the bar September 18, 1862.
third class year, and thus gained a year in entering
While Mr. Gray was never an abolitionist, nor
college. By his own account he did not study very
an indiscriminate admirer of the leaders of the Re-
hard in college at any subject except mathematics,
publican party, he was an uncompromising Union
in which he was always especially interested. Never-
man and believed in prosecuting the war with vigor.
theless, he obtained the fifth place in the class. He
His fair prospects in his profession, the necessity of
was a member of the Phi Beta Kappa Society and
standing on his own feet, and his natural inclination
of the Hasty Pudding and Porcellian clubs.
toward intellectual pursuits did not prevent him from
[6]
[ 7
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
In later life he seemed little of a military or ex-mil-
itary man. Although he took an interest in military
paign, was enhanced by that President's courage in
vetoing pension bills.
history, European as well as American, he seldom
On returning from the war Mr. Gray formed a
spoke of his experiences in the army and did not care
partnership with Mr. Ropes, which lasted until the lat-
to be addressed by his military title. One of his col-
leagues in the Law School tells how some of them,
ter's death in 1899. In 1878 the firm was enlarged
after many years' association with him, first learned
by the addition of Mr. William Caleb Loring, now
a Justice of the Supreme Court of Massachusetts.
that Professor Gray was entitled to call himself Ma-
Mr. Gray continued until his death in active practice
jor, from a chance visitor addressing him by that title.
as head of the firm, which included at that time eight
This apparent lack of interest in his military career
of his former pupils at the Harvard Law School.
was probably due to an extreme modesty which dis-
In the autumn of 1866 Mr. Ropes and he became
liked all titles of honor and preferred that the per-
editors of the American Law Review, then first es-
formance of a simple duty in an inconspicuous way
tablished, and edited four volumes, from 1866 to
should not be treated as a distinction. It was also char-
1870.
acteristic of him not toindulge in reminiscences about
On December 4, 1869, he was appointed lecturer
the past. The Spanish War he always thought unjus-
in the Harvard Law School for the residue of the
tifiable in fact, he hated the mention of it, although
academic year; this appointment was renewed for the
he admitted that the mass of the people of the United
three academic years 1871-74, and on March 18,
States were actuated in it by generous motives.
1875, he became Story Professor of Law. In 1883 his
One of the few occasions on which Mr. Gray
seemed to remember that he had been an officer was
title was changed to Royall Professor, and this posi-
tion he occupied until February 1913, when his res-
when he expressed his disgust with pension grab-
bers. He felt the exploits of the grabbers, and the
ignation was accepted and he was appointed Royall
Professor Emeritus.
attitude of Congress in currying favor with them,
as not only a disgrace to the country, but an insult to
During this period he was publishing his books-
the army in which he had served. His admiration for
Restraints on Alienation in 1883, The Rule against
Grover Cleveland, which came hard to one who had
Perpetuities in 1886. In 1906 Columbia University
published a series of lectures on jurisprudence, de-
been a Republican all his life till the Blaine cam-
livered there by him, under the title The Nature and
[ 20 ]
[ 21 ]
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
Sources of the Law. A second edition of Restraints on
the Military Historical Society of Massachusetts. He
Alienation was published in 1895, and second and
never held any public office, although he was several
third editions of The Rule against Perpetuities in 1906
times offered a seat on the bench of the Supreme
and 1915, all the new editions receiving substantial
Court of Massachusetts, and once at least that of
revision.
Chief Justice.
On June 4, 1873, Mr. Gray married Anna Sophia
Mr. Gray became a trustee of the Museum of Fine
Lyman Mason, daughter of the Reverend Charles
Arts in 1896, and held the position through life. In
Mason, Rector of Grace Churchi in Boston, and grand-
the Annual Report of the Museum for 1915 is a
daughter of Jeremiah Mason, Senator from New
memorial, stating his valuable services to the Mu-
Hampshire and rival of Daniel Webster for the lead-
seum, in which he is spoken of as having "that wis-
ership of the bar of the United States. He had two
dom which is born of sympathy and justice."
children, both of whom survive him -Roland and
In these varied activities Mr. Gray continued en-
Eleanor Lyman, now the wife of Henry D. Tudor-
gaged with little diminution of energy until after the
and he lived to see six grandchildren.
age of seventy. Not before 1912 did he begin to feel
Professor Gray received the degree of Doctor of
the strain seriously. In January, 1913, he resolved to
Laws from Yale in 1894 and from Harvard in the
cut down the amount of his work, and accordingly
following year. Among the honors conferred on him
sent his resignation to Harvard College. This mea-
were the offices of president of the Harvard Alumni
sure of relaxation, however, had been too long de-
Association; president of the Harvard Chapter of the
layed. The same month, while engaged in the prepa-
Phi Beta Kappa Society; vice-president of the Har-
ration of a case in court, he had a stroke of paralysis.
vard Law School Alumni Association member of the
He recovered from this rapidly and was back in his
Council of Radcliffe College; president of the Bos-
office, though physically feeble, during the spring;
ton Bar Association; vice-president of the American
next autumn he was actively practising law. In April,
Academy of Arts and Sciences; trustee of the Bos-
1914, a few days subsequent to the argument of an
ton Museum of Fine Arts, the Boston Athenum,
important case, he had another stroke, after which
and the Social Law Library; he was a member of the
he never returned to his office. He retained his intel-
Military Order of the Loyal Legion of the United
lectual faculties, however, until his death, which took
States, the Massachusetts Historical Society, and
place February 25, 1915. Within a few weeks of the
[ 22 ]
[ 23 ]
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
end he was not only enjoying conversation with his
attract public notice. A great part of his time, how-
friends, but working at the revision of his books and
ever, was spent in business of public interest, acting
expressing opinions on novel points of law.
as counsel to churches and educational institutions.
He was an authority on the law of charities, which in-
The most unusual feature of the career thus briefly
cludes, in legal parlance, all religious and educational
sketched was the high degree of success achieved
bodies of a public character. Among the institutions
in three fields, all related to the law, but requiring
by which he was consulted were St. Paul's Church,
different qualities. Mr. Gray was eminent as a prac-
Trinity Church, King's Chapel, Harvard College, the
tising lawyer, a teacher, and a writer.
American Academy of Arts and Sciences, the Boston
He was the leading authority in New England, and
Athenxum, Phillips Academy in Andover, and the
probably in the United States, on the law of property.
Worcester Art Museum.
His opinions on questions in that branch of the law
For St. Paul's Church he argued the case of St.
had more weight with the bar in other states than
Paul's Church V. Attorney General ( 164 Mass. 188)
those of any person except perhaps their local lead-
which decided important questions in the law of char-
ers; and by many lawyers, at least in states where
ities; and he also acted as counsel at the time of the
the common law prevailed, they were regarded as
transformation of the church into St. Paul's Cathe-
of the highest authority without even such excep-
dral. For Trinity Church he argued the case of Sears
tion. His practice, however, was not confined to a sin-
V. Attorney General 193 Mass. 551 which finally
gle part of the law, but took a wide range. He had
removed the long-standing doubts, arising from some
a plain common sense and a shrewdness in dealing
incidents in the ecclesiastical history of this Common-
with practical affairs such as are seldom found in com-
wealth, whether a gift devoted to religious uses, in
bination with great technical learning.
connection with a particular church, is a public charity.
Mr. Gray avoided rather than sought cases in any
In 1907 he was consulted with regard to the convey-
way notorious. He always endeavored to prevent liti-
ance of King's Chapel to trustees. As was natural, he
gation, and the nature of the questions on which he
frequently advised Harvard College, and he argued
was an authority was such that most of the cases
for it the case of Dexterv. Harvard College 176 Mass.
in which he was engaged, even when they involved
192), in which the validity of bequests for scholar-
large interests and important questions of law, did not
ships, with a preference for the founder's kin, was sus-
[ 24 ]
[ 25 ]
JOHN CHIPMAN GRAY
ADDRESS
of literature, properly SO called. He loved books, and
BY OLIVER WENDELL HOLMES'
his beautiful collection ranged from the Theodosian
THE affectionate intimacy of a lifetime may not be
code to curious eighteenth century tracts.
the best preparation for an attempt to characterize
He brought this scholarship to bear unobtrusively
a friend whom one has known and loved SO long. His
but powerfully when he came to write. His treatise
qualities come to be felt too instinctively for articu-
on Perpetuities is a quiet masterpiece that stands on
late enumeration just as one ceases to be conscious of
an equal footing with the most famous works of the
the judgments that govern one's walk in the streets.
great English writers upon property law. His last
But with SO marked a personality as that of John
little book on The Nature and Sources of the Law is
Gray, there were features that no one could forget.
worthy of the German professors who might seem
He came of a family in which scholarship was in the
to have made that theme their private domain. But
blood; and I think that perhaps the first thought that
unlike much German work, instead of pedantry, it is
would occur to me would be that he was a scholar
written with the light touch and humor of a man of
born. He was a scholar of a type that is growing rare.
the world. For his knowledge not only was converted
For his knowledge, his immense reading, his memory
into the organic tissue of wisdom, but flowered with
were not confined to the actualities of the day. Along-
a quiet humor that sometimes emerged in his writing
side of mathematics, and the latest German works on
and that gave habitual delightfulness to his talk.
jurisprudence, alongside of his mastery of the law,
He was a very wise man. So wise that those who
equally profound and available for teaching in the
met him in affairs perhaps would say that wisdom
Law School and advising upon great affairs, he not
was the first thing to be mentioned with his name.
only kept up the study of Greek and Roman classics,
He was able as no one else has been to unite prac-
but he was familiar with a thousand bypaths among
tice in Boston, in which he was consulted and relied
books. I think he could have given a clear account of
upon in matters of the largest import, with teaching
the Bangorian controversy, the very name of which
at the Law School, where his subjects required study
has been forgotten by most of us, and he could have
of subjects that seemed most remote from every day;
recited upon all manner of curious memoirs or upon
and both with equal success.
pretty much any theme that falls within the domain
In this connection, it is worth recalling that when
1 Read by the President of the Society.
he was in the army he was the first officer to meet
[ 48 ]
[ 49 ]
JOHN CHIPMAN GRAY
ADDRESS
Sherman at Savannah after the march to the sea, and
BY MOORFIELD STOREY
that he is referred to in Sherman's report of his opera-
tions as very intelligent officer whose name I have
I AM very glad to add my tribute of high respect and
forgotten," a striking tribute to one who barely had
warm regard for John C. Gray, though what I say at
reached manhood from the great commander at the
best will be only a faint echo of what has been said
crowning moment of his success.
SO well by Justice Holmes.
Such capacity as Gray's for voluminous occupa-
I have known Mr. Gray for more than forty years
tion is apt to go with a loose fibre, or, one might say,
-at the monthly dinners of a small club formed
a somewhat coarse grain, but Gray was delicate, ac-
when we were all young and where conversation was
curate, and fine grained. Like all his race, he was
frank and intimate, in other social relations, and in
keenly observing without showing it, seeming to see
the practice of the law to which we have alike been
from the sides of his eyes like a woman. And none
devoted during the whole period, though our asso-
of his remarkable qualities and capacities remained
ciations were never very close. He was essentially a
isolated or futile, but they all united to give charac-
scholar, a voluminous reader, at home in his library
ter to the stream of his thought. It will be seen that
and master of its contents, but, as it seemed to me,
I am trying to describe a master, one who fairly may
more interested in his books than in the active con-
be called a great master, who was listened to with
flicts of life. The political controversies, for example,
equal respect by clients, by courts, and by all stu-
which have divided the nation since the Civil War
dents of the law, and at the same time an extraor-
excited in him rather the interest of a spectator than
dinary and delightful man, whose conversation gave
a desire to take part in the struggle, and for sports
equal pleasure to specialists and men of the world.
and outdoor life he had little taste. His interests were
When I add to this that he was a most faithful and
intellectual, and he was a type of the refined and edu-
affectionate friend, I have said enough perhaps to
cated men who seem unfortunately to be growing
show, I will not say what a loss is his death, for
less common in this country.
he had lived as long as a man can hope to live, but
The great interest of his life was his profession, to
what a gain, not only to us who loved him, but to the
which he gave the best that was in him. He became
world, was his life, a life rich in fruits and ending
instructor at the Harvard Law School in the year
surrounded by honor and by love.
when I was admitted to the bar, and until his failing
[ 50 ]
[ 51 ]
JOHN CHIPMAN GRAY
JOHN CHIPMAN GRAY
health compelled his retirement continued there as
tion which was his due. He seemed in his daily labors
lecturer and professor. As a student, as a writer, and
as a teacher his success was brilliant, and the high
to recognize and act upon the truth stated by Justice
Holmes, that "the root of joy as of duty is to put
reputation which he enjoyed among lawyers every-
out all one's powers for some great end to ham-
where was well deserved. His position at Harvard
mer out as compact and solid a piece of work as
gave him a great opportunity, for he who controls the
one can, to try to make it first rate, and to leave it
fountain can color the stream. Many of the lawyers
unadvertised."
now eminent at the bar of the United States owe to
Such a man though taken in the fullness of time is
him their inspiration, and gratefully recognize their
a great loss to the community, and in his profession
debt. Among the professors at the School he did his
his death leaves à void which will not easily be filled.
full share in moulding the opinions and fixing the
standards of lawyers all over this country, and the
news of his death will be received by them with
profound sorrow.
In active practice he was strong in counsel and in
the presentation of legal questions to the court. He
was familiar with the business of life, was a wise and
safe adviser on important matters, and his opinions in
difficult cases were sought and followed; but the dust
of the arena had no attraction for him, and he was
not fitted to enjoy the struggles and squabbles of
jury practice. He was a man whom an opponent could
trust implicitly, absolutely certain that nothing unfair
or unworthy would ever be done in a case for which
he was responsible. He went through life serenely,
earnestly, modestly, with scrupulous regard for the
rights and feelings of others, but without seeking
notoriety or apparently even caring for the recogni-
52 ]
[ 53 ]
Carl M. Brauer. Ropes 1/2 Gray, 865-1990-
Boston: Ropes Gray, 1991.
JOHN CHIPMAN GRAY
1839 - 1915
JOHN C. GRAY was born in Brighton, now a part of
Boston, son of Horace Gray and grandson of "Billy"
Gray of Salem, famed for being the owner of more
vessels than any other man in the country at a time
when the commerce-fleet of the United States was a
familiar sight in all the ports of the world. The grand-
father moved to Boston in later life, and was chosen
Lieutenant-Governor of the Commonwealth. An older
half-brother, also named Horace Gray, was Chief Jus-
tice of the Supreme Judicial Court of his State and
afterward a Justice of the United States Supreme Court.
The father suffered financial reverses before his boys
were grown, making them dependent on their own exer-
tions, and the brothers believed that the spur of neces-
sity was a responsible factor in such success as they
achieved, but it is hard for us to believe that such native
industry and ability as theirs needed that stimulus.
John Gray's career at the Boston Latin School and
Harvard College was without noteworthy incident, un-
less perhaps the occasion when he and another boy -
alone out of a class of forty - - faced down an angry,
browbeating schoolmaster in the matter of injustice to
JOHN CHIPMAN GRAY
a schoolmate. At college he stood fifth in his class,
though, with the exception of mathematics, the curricu-
lum of the day attracted little of his interest or effort.
I44
145
He was chosen to the Phi Beta Kappa, also to the
soldier's career was thenceforth almost as if it had
Hasty Pudding and Porcellian Clubs. A friend of his
never been.
boyhood days seems still to feel a slight flutter as she
October I, 1865, Mr. Ropes and Mr. Gray joined
recalls that he was then "the most admired young man
in partnership for the practice of law, the union lasting
in Boston, with beautiful eyes that captivated every
till Mr. Ropes' death in 1899, after which Mr. Gray
girl."
continued the work almost until his own death in 1915.
He took his LL.B. at the Law School in '61, having
December 4, 1869 he was appointed lecturer at the
devoted himself only moderately to study of law as was
Harvard Law School; March 18, 1875, he became Story
usual in those days, but ranging far and wide through
Professor; in 1883 he was made Royall Professor, and
other fields of reading. After graduation he spent a
in 1913 he resigned to become Royall Professor Emeri-
year in the law office of Peleg W. Chandler who after-
tus - forty-four years of teaching law, a term perhaps
ward recommended him for the office of Judge Advo-
unparalleled.
cate, saying, "He is the ablest man of his age as a lawyer
From 1866 to 1870 he and Mr. Ropes edited the
that I know of."
American Law Review; in 1868 he edited a new edition
In October of '62 he was enrolled as Second Lieu-
of Story's Partnership; in 1883 was published his Re-
tenant in the Forty-first Massachusetts Volunteers, and
straints on Alienation; in 1886 The Rule against Per-
in the latter days of the war served as Aide to General
petuities; in 1888-1892 his six-volume collection of
Gordon, also as Major and Judge Advocate on the staffs
Cases on the Law of Property; and in 1909 The Nature
of General Foster and General Gillmore. The greater
and Sources of the Law, other less notable publica-
part of his war-time labors was administrative, as
tions having appeared meantime in legal periodicals at
described in his war-letters, but toward the end he
irregular intervals.
saw active duty and was under fire more than once.
We see Mr. Gray, therefore, a practitioner in the
After a brief meeting, General Sherman referred to
business world, a teacher stimulating and disciplining
him as "a very intelligent officer whose name I can-
the powers of youth, a philosopher disentangling the
not recall" - such a perfect description of modesty
gossamer threads of legal abstractions - a trio of
waiting on capacity that few accounts of Mr. Gray fail
rôles, each a specialty in its own right, and he acclaimed
to mention it. His military duties left him much time
a master mind in all three.
for reading, and he filled these hours with Latin, Greek,
But what manner of man was Mr. Gray in his daily
Italian, French, German and English literature, theol-
walk? What did friends, clients, pupils, acquaintances,
ogy, history, mathematics, natural science, military sci-
see there; they knew, of course, his reputation in respect
ence and law; shortly after leaving the army, he began
to the law, but man is many-sided, and the world notes,
the study of Spanish. When the war was ended and the
not one side only, but all. Perhaps the first impression
uniform was laid aside, the military title and pretty
received upon contact with Mr. Gray was that of an
much all reference to military life went with it. The
exceptionally well informed and well read man. He had
146
147
He was chosen to the Phi Beta Kappa, also to the
soldier's career was thenceforth almost as if it had
Hasty Pudding and Porcellian Clubs. A friend of his
never been.
boyhood days seems still to feel a slight flutter as she
October I, 1865, Mr. Ropes and Mr. Gray joined
recalls that he was then "the most admired young man
in partnership for the practice of law, the union lasting
in Boston, with beautiful eyes that captivated every
till Mr. Ropes' death in 1899, after which Mr. Gray
girl."
continued the work almost until his own death in 1915.
He took his LL.B. at the Law School in '61, having
December 4, 1869 he was appointed lecturer at the
devoted himself only moderately to study of law as was
Harvard Law School; March 18, 1875, he became Story
usual in those days, but ranging far and wide through
Professor; in 1883 he was made Royall Professor, and
other fields of reading. After graduation he spent a
in 1913 he resigned to become Royall Professor Emeri-
year in the law office of Peleg W. Chandler who after-
tus - forty-four years of teaching law, a term perhaps
ward recommended him for the office of Judge Advo-
unparalleled.
cate, saying, "He is the ablest man of his age as a lawyer
From 1866 to 1870 he and Mr. Ropes edited the
that I know of."
American Law Review; in 1868 he edited a new edition
In October of '62 he was enrolled as Second Lieu-
of Story's Partnership; in 1883 was published his Re-
tenant in the Forty-first Massachusetts Volunteers, and
straints on Alienation; in 1886 The Rule against Per-
in the latter days of the war served as Aide to General
petuities; in 1888-1892 his six-volume collection of
Gordon, also as Major and Judge Advocate on the staffs
Cases on the Law of Property; and in 1909 The Nature
of General Foster and General Gillmore. The greater
and Sources of the Law, other less notable publica-
part of his war-time labors was administrative, as
tions having appeared meantime in legal periodicals at
described in his war-letters, but toward the end he
irregular intervals.
saw active duty and was under fire more than once.
We see Mr. Gray, therefore, a practitioner in the
After a brief meeting, General Sherman referred to
business world, a teacher stimulating and disciplining
him as "a very intelligent officer whose name I can-
the powers of youth, a philosopher disentangling the
not recall" - such a perfect description of modesty
gossamer threads of legal abstractions - a trio of
waiting on capacity that few accounts of Mr. Gray fail
rôles, each a specialty in its own right, and he acclaimed
to mention it. His military duties left him much time
a master mind in all three.
for reading, and he filled these hours with Latin, Greek,
But what manner of man was Mr. Gray in his daily
Italian, French, German and English literature, theol-
walk? What did friends, clients, pupils, acquaintances,
ogy, history, mathematics, natural science, military sci-
see there; they knew, of course, his reputation in respect
ence and law; shortly after leaving the army, he began
to the law, but man is many-sided, and the world notes,
the study of Spanish. When the war was ended and the
not one side only, but all. Perhaps the first impression
uniform was laid aside, the military title and pretty
received upon contact with Mr. Gray was that of an
much all reference to military life went with it. The
exceptionally well informed and well read man. He had
146
147
a love of books, a gift for languages, an active and
ponderous personality, one which might tend to keep a
inquiring mind, a faculty of appreciation and discrimi-
less erudite companion on the anxious seat; instead, the
nation, a wealth and variety of interests, that gave him
man was modest - almost shy - easy, unobtrusive,
a lifetime of pleasure in his reading; the inclination
friendly all his vast learning was carried, as it were, in
was warm in youth and held strong in age, SO he might
the hollow of his hand, gracefully, apparently without
say of his reading as he did of his law-study, "I have
consciousness that his attainments were unusual. He
pursued at eve what I pursued at morn." He wandered
was the same in his writings as in person; in his book
far and wide, delving deep into topics of whose very
on Jurisprudence, proposing to compare the common-
existence the general reader is ignorant, and from such
law of England and the United States with the civil-
he passed off-hand to the light or heavy literature of
law as exemplified in the laws of Rome, Germany,
the day; he was accustomed to beguile the hours of a
France and Scotland, he said apologetically,
long train-ride with the joyous pages of a book on the
higher mathematics. This, be it noted, was not from
"As to the other countries of Europe, I regret to say that I
any Puritanic desire for self-discipline it was pleasure
have next to no knowledge of their law."
and recreation. Like Dr. Johnson, he was "born to
When almost seventy years of age he attended regularly
grapple with whole libraries." His colleague, Professor
as a pupil the course on Roman Law given by Professor
Ezra Thayer, said,
Roscoe Pound, who, years before, had been a young
"He seemed to have read everything in the world the newest
student in his own classes. In all his personal relations
speculation was as familiar to him as the oldest classic."
he was simple and unassuming, indeed usually in the
attitude of one seeking light. At the office he was ac-
Mr. Justice Holmes said of his reading
customed to discuss questions of law earnestly with his
"His knowledge, his immense reading, his memory, were not
junior partners and young associates - to the conster-
confined to the actualities of the day. Alongside of mathe-
nation of the latter - quite as if the minds and learning
matics, and the latest German works on jurisprudence, along-
of both were on a parity. He was, in fact, seeking
side of his mastery of the law, equally profound and avail-
light, and doubtless often found it, either by way of
able for teaching in the Law School and advising upon great
his companion's different viewpoint, or merely by the
affairs, he not only kept up the study of Greek and Roman
clarification which came from putting his own thoughts
classics, but he was familiar with a thousand by-paths among
into words as he paced back and forth across the room.
books. I think he could have given a clear account of the
At the close of such a discussion he would sometimes
Bangorian controversy, the very name of which has been for-
say, "Well, my opinion is so and so; at least, that is
gotten by most of us, and he could have recited upon all man-
ner of curious memoirs or upon pretty much any theme that
my ambulatory opinion." His disregard of minor sar-
falls within the domain of literature, properly so-called."
torial conventions, his frequent obliviousness of trifles,
his evident liking for the young men about him, sug-
Such a freight of learning suggests a formidable and
gested something of the lovable, absent-minded pro-
148
I49
fessor familiar to college traditions. On one day his
sometimes gave people a surprise. Meeting him in
necktie would be thought by the boys to be unduly
Cambridge one Saturday afternoon amid the throng
gaudy; the next day there might be no necktie at all
streaming to the Harvard-Yale football game, a friend
It is a fact that against the latter contingency he always
said, "Going to the game?" "No," was the reply, "I
kept an emergency tie in his desk at the School. An
don't go to the games, but I sometimes come out to see
illustration of his negative attitude in such matters is
the crowd. I like to watch their faces." Once a student
found in a letter which he - then nineteen years of
dining at Mr. Gray's home began conversing on topics
age, and at a season when the young man's fancy lightly
which he thought suited to such a lofty occasion. As
turns to thoughts of dazzling raiment - wrote uncon-
he paused, Mr. Gray broke in, "Do you ever go to
cernedly to his tailor
Revere Beach ?" The student, taken somewhat aback,
April 2, 1869
stammered a bit about enjoying the surf and sea-
"Messrs. Gibbs and Co.
breezes. "Ah," said Mr. Gray, "I like a ride on the
roller-coaster, myself." An endearing touch occurs in
Gentlemen :
an address which Mr. Gray made at a Radcliffe Com-
Please make me a sack coat of dark cloth for Spring wear
mencement, wherein he explained how he happened to
(any colour but brown) and two pairs of Spring trousers, one
be instrumental in obtaining authority for Radcliffe to
of coarse mixed stuff and one light or checked. You have my
confer the Ph.D. degree:
measures."
More than once he appeared at the office holding an
"And now you must pardon me if I give a bit of personal
umbrella in outstretched hand, saying to the boy some-
history. One evening my wife told me she had seen Mrs.
thing like this, "I seem to have picked up this umbrella,
Agassiz that day, that Mrs. Agassiz looked troubled, and
probably at the library, I don't know whose it is. See
was much distressed and perplexed about Radcliffe College
and its degrees. At that time, to my shame be it said, I knew
if you can find the owner and return it." Once he was
little and cared less about Radcliffe College, but I was sorry
mystified as to the origin and ownership of a fur coat
that Mrs. Agassiz should be harassed, so I began wondering
which lay across his arm. At the School he one day
whether anything could be done to relieve the difficulty, etc.
repeated to the class - to its infinite mirth - the same
etc."
lecture on Dumpor's Case that he had given them only
the day before. Mr. Gray, however, was quite able
Afterward he was long a member of the Council of
to take care of himself. To a blundering and intruding
Radcliffe College, and he once thus concluded his re-
student, call him "Mr. Smith," who usurped the time
marks to an assemblage of Alumnae :
of the class to ask a foolish question as to the law ap-
"I fear I have been too didactic for such an occasion, but
plicable to a certain impossible state of facts, the
the lecturing habit is strong.
A speaker can always,
teacher's only reply was, "Quaere de hoc? Mr. Brown,
however, ease his conscience by remembering the saying of
will you state the next case." Mr. Gray's cast of mind
the Arab Sheik to an English traveller, a saying from which
150
151
I have myself derived the greatest support when playing the
"If you want to know what the law used to be, ask Langdell
part of the hearer. The Sheik said 'O my Soul, O my Lamb,
if you want to know what it is going to be, ask Beale; if
thou hast spoken many words, but there is no harm done, for
you want to know what it ought to be, ask Ames; but if
the speaker is one and the listener is another'."
you want to know what the law is, ask Gray."
There are countless instances of Mr. Gray's colloquial
In general practice he was among the leaders of the
and humorous expressions, written and spoken - in-
profession, and in his specialty, the law of property,
deed, except on occasions which forbade levity, he
he was probably the leading authority in the United
rarely closed without something of the sort. At a dinner
States, his aid being often sought far from home.
in honor of President Eliot, Mr. Gray referred to the
Where property questions were involved, his opinions
President's development of the Divinity School
were accepted by the Bar almost as authoritative state-
"It seemed a hopeless undertaking, there was much contemp-
ments of the law, and in some technical cases of his the
tuous laughter I remember that I sat in the seats of the scorn-
argument before the Court became hardly more than
ful, but the President set to work suo modo, quietly, delib-
a discussion of his published opinions, Gray the counsel
erately, but with a determination as fixed as the needle to
expounding the writings of Gray the Professor. It is
the pole, and he has succeeded. The dark clouds loved by
said that
the odium theologicum have been blown away, and lo! under
a serene sky, we see the orthodox, evangelical lamb descend-
"in his latter days more than one court of supreme jurisdic-
ing even now from the upland fold of its Andover Zion to
tion seemed to hang upon his words with the same sense of
dwell with the Socinian wolf, not inside mark you, but
conviction as if it had been his class in property."
alongside, in brotherly love in the Divinity School of Harvard
Though he was born a scholar, and was in some trifling
University."
ways the absent-minded professor of fable, he was dis-
The foregoing incidents and quotations may give some
tinguished from most such by having a shrewd, hard
suggestion as to Mr. Gray on the lighter side.
head for business and finance, together with a thor-
As to Mr. Gray the practitioner. Whether or not
oughly worldly understanding of human nature in its
he believed that all teachers of law should also engage
day to day manifestations. He met men of business on
in practice, he certainly believed this to be best for him-
their own ground, and needed not the Biblical admoni-
self. In his own case the decision was undoubtedly
a
tion, "With all thy wisdom, get understanding." His
sound one, and it is fair to assume that it was his con-
modesty, his fairness, his aim for the truth and the
tinuous participation in the exigencies and responsibili-
whole truth, were as unconscious as innocence itself,
ties of the outside world which helped all his teaching
and the Bar, even in the heat of conflict, finding these
to its unusual non-professorial flavor. Even when
qualities most disarming, responded generously. He
among the abstractions of jurisprudence, he never lost
was given the management of large estates; wills and
touch with reality. It was this quality of his which
trusts drafted by him were borne to the safe-deposit
caused the students to say:
box in comfortable assurance; troubled executors, trus-
152
53
tees, cotton mills, colleges, charitable foundations, mil-
by their names and by their writings, are known to every
lionaires and poor widows, all came to Mr. Gray; all
educated English lawyer.
received kindly courtesy, wise and sane advice. Most
The professors of Harvard have, throughout America,
of his office work was of a sort that passed unnoticed
finally dispelled the inveterate delusion that law is a handi-
outside the walls, and even his important litigated cases
craft to be practised by rule of thumb and learned only
were so learned and technical as to have little public
by apprenticeship in Chambers or offices; they have convinced
appeal. This suited his taste, as the thought of seeking
the leaders of the Bar that the Common Law of England is
- or, equally, that of avoiding - publicity probably
a science."
never entered his mind. "The dust of the arena had
Mr. Gray, however, was more than an exponent of
no attraction for him," and court-room dramatics, the
the case-system; he had a mission to youth as a gifted
heart's blood of many lawyers, had no part in his life.
teacher, and his forty-odd years of teaching were the
He several times declined a seat on the bench of the
great joy of his life. His active mind never allowed his
Supreme Court of Massachusetts, once at least that of
work to degenerate into flavorless repetition. He said:
Chief Justice. Such was the practitioner.
"Law is as complex as life. However often I may have been
Remarks upon Mr. Gray as a teacher may begin with
over a subject, I never go over it again without coming across
his prominence in that group of Harvard Law School
questions, analogies, that I never saw before.
A teacher
teachers who remodeled and revitalized the whole
who has not allowed his wits to be dulled by routine, will find
teaching of law, this being brought about by substitut-
plenty of matter for research in his daily work."
ing for the lecture-system a case, or laboratory, system
by which the pupil studies the raw materials of the law
Again, he said
to elucidate for himself its development and present
"I cannot imagine any more delightful work than teaching
status. So radical a change naturally met warm oppo-
intelligent young men things which you know, and they do
sition and, though the original idea was Dean Lang-
not know but desire to know."
dell's, a great factor in its wide acceptance among
His manner with his classes was informal and friendly,
teachers of law was the distinguished ability with which
acute, unmistakably clear, with a way of his own for
the experiment was conducted by his colleagues. The
transmuting high-sounding legal verbiage into collo-
fact that John C. Gray, in active practice, became a
quial simplicity, as when he said nonchalantly that an
convert to the idea had much to do with its acceptance
Act of God is "something disagreeable which nobody
by the Bar. Its success made fame for Dean Langdell,
can help." The world knows that erudition alone never
for his associates and for Harvard. Professor Dicey
made a good teacher; Professor Gray had the necessary
of Oxford wrote:
additional qualities, first, a warm personal liking for
the youths whom he saw entering eagerly upon their
"His (Langdell's) labors have been nobly seconded by col-
life work, and, second, an unfailing pleasure in the
leagues such as Thayer, Gray, Ames and others, all of whom,
exchanges between their growing minds and his own.
154
I55
At the School he kept his work-desk in an alcove of the
His Restraints upon Alienation and Rule against
students' reading room, informally accessible to all,
Perpetuities each tapped a narrow vein, but in each
instead of immuring himself out in "the stack." In the
instance the vein was cleared and cleaned of all valu-
early days of his teaching, he was practically the only
able metal when the book ended. Especially, his play
one of the faculty to whom the puzzled and inquiring
upon the intricacies and ramifications of Perpetuities
students made general resort, and to the end it is said
is a model of lucid, logical, and concise exposition. Only
that more of them sought light from him than from all
a master-hand can be complete, clear - and concise !
the other members of the Faculty. He said of his
The book wholly realized Mr. Gray's purpose as stated
teaching
in the preface, and it is worth while to note the balance
"I have always felt that on both sides it was not an attempt
and sense of proportion in his statement:
to show how much we knew, or how smart we were, but that
"Such a book should deal with the whole of its subject, its
we were fellow-students trying to get to the bottom of a diffi-
history, its relation to other parts of the law, its present con-
cult subject,"
dition, the general principles which have been evolved and
and the dedication of his last book ran:
the errors which have been eliminated in its development,
"To his old pupils, whose affectionate regard has been to him
and the defects which still mar its logical symmetry, or, what
a life-long blessing, from their grateful master."
is of vastly greater moment, lessen its value as a guide to
conduct."
At the time he finally resigned office, all other members
of the Law School Faculty had formerly sat at his feet
No less an authority than Mr. Justice Holmes declared
as pupils. The case-books which he prepared for teach-
the Perpetuities to be "a masterpiece that stands on
ing the law of property have since provided the basis
an equal footing with the most famous works of the
for teaching that topic in many other law-schools;
great English writers on property law." Even in Eng-
they have also served, and will long continue to serve,
land where this branch of the law is more familiar to
as a large part of the foundation for any scholarly
the Bench and Bar than here, and where scant recogni-
writing on the subjects covered.
tion is usually given American law-writers, Mr. Gray's
Coming now to Mr. Gray, the author, it may be said
Alienation and Perpetuities are widely known to the
that the name of the successful legal practitioner is
Bar and are frequently cited in Court opinions. One
writ in water; the name of a revered teacher lives
English author, specializing in these topics, and differ-
chiefly in the memory of his pupils and in the records
ing from Mr. Gray in some points, has gone so far as
of his school; but the tooth of time bites granite when
to complain that "The tendency of our judges is to re-
it makes its attempt upon the name of an author who
gard him as orthodox, if not infallible."
has given a Classic to the world - even a legal Classic
The Perpetuities has been cited as an authority in re-
- so it is doubtless as author that Mr. Gray's name
ported cases all over the English-speaking world from
will longest hold its lustre.
Manitoba to New South Wales and New Zealand.
156
I57
But it is Mr. Gray's Nature and Sources of the Law
lowest terms that they are deceptive; they seem easy,
that displays in high-light the depth, range, delicacy and
simple. It is like watching an expert billiard player as
precision of his thought, together with his gift for
the ivory balls seem almost to anticipate his bidding;
artlessly simple statement, illustrated by instances so
it creates an illusion in the spectator that he could as
familiar and so pointed that their light is immediate,
readily do the same. An English reviewer says of the
and this in a field of philosophic thought where SO many
book that it
writers abandon themselves to the cumbersome jargon
"bears in every page the marks of thorough and independent
of the schools. His style has been compared to others
thought clearly expressed, and yet it is one which can be
as fresh sunlight to fog. Take an instance of his easy-
read in an easy chair with a pipe in one's mouth and one's
going but sure-footed manner. In writing upon Sov-
feet on the fender."
ereignty, seeking to discover the ultimate source of
authority, the legal causa causans, and the precise
Rarely are the easy chair, the pipe and the fender asso-
nature of its essence - an elusive and baffling abstract
ciated with a book on such a topic as jurisprudence, a
conception - Mr. Gray said:
book of which Dean Roscoe Pound said that it showed
the author to be "the foremost analytical jurist of the
"The first of these theories is that Law is made up of the
commands of the sovereign. This is Austin's view. 'Every
day." The Centennial History of the Harvard Law
Positive Law,' he says, 'obtaining in any community is-a
School states that it is probably the best book on Juris-
creature of the Sovereign or State'
In a sense this
prudence in the English language.
is true; the State can restrain its courts from following this or
From time to time Mr. Gray served as President of
that rule, but it often leaves them free to follow what they
the Harvard Alumni Association, Vice President of the
think right.
Mr. A.B., who wants a house, employs
Harvard Law School Alumni Association, President of
an architect, Mr. Y.Z., to build it for him. Mr. Y.Z. puts
the Harvard Chapter of the Phi Beta Kappa, Member
up a staircase in a certain way; in such a case, nine times out
of the Council of Radcliffe College, President of the
of ten, he puts it up in that way because he always puts up
Boston Bar Association, Vice President of the Amer-
staircases in that way, or because the books on construction
ican Academy of Arts and Sciences, Trustee of the
say they ought to be so put up, or because his professional
Boston Museum of Fine Arts, the Boston Athenaeum,
brethren put up their staircases in that fashion, or because
and the Social Law Library. The Honorary LL.D. was
he thinks to put it up so would be good building or in good
taste, or because it costs him less trouble than to put it up in
conferred upon him by Yale University in 1894, and
some other way; he seldom thinks whether Mr. A.B. would
by Harvard in the following year.
like it in that way or not; and probably Mr. A.B. never thinks
Mr. Gray's life and character, with his trinity of
it could have been put up in any other fashion. Here it cer-
professional distinctions, make it easy to understand
tainly seems strained to speak, as Austin would do, of the
the declaration of Mr. Justice Holmes that, while he
staircase being the 'creature' of Mr. A.B."
might have doubts as to some men, he had no doubt
Mr. Gray's statements are SO far reduced to their
that John C. Gray was "a great man." Who could
58
159
know better than he? Who could better judge "great-
ness"?
But greatness is not all ! In closing, there is a bene-
diction in the recollection of Mr. Gray's own creed
that "there is no surer and more unfailing source of
happiness than the disinterested love of knowledge."
160
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Re: Ropes & Gray
From : Kathy Growney
Wed, Apr 18, 2012 11:42 PM
Subject : Re: Ropes & Gray
To : Ronald & Elizabeth Epp
Hi,
Last I knew there was still one person there that I worked with: Kimberly Sweet. I believe everyone else has moved
on our retired.
There was no "archive" that I recall, but there were very old legal books out on the shelves. When I first started
working there, it was a large and beautiful corporate library on the 41st floor with beautiful veiws of the ocean.
There were several smaller satellite libraries on different floors. They then shrunk the collection and moved it to the
fourth or fifth floor and placed everything in compact shelving. It was a pretty dismal change. I don't know what
was kept vs discarded. I am very greatful though not to be working in a sky scraper any more. The elevator rides
were a nightmare!
Have a good week.
Kathy
On Mon, Apr 16, 2012 at 11:43 AM, Ronald & Elizabeth Epp wrote:
Hi Again,
I notes your employment at Ropes & Gray. Do you still know anyone who works there?
I may have mentioned to you that in the 19th-century Ropes & Gray was established by the family of the mother
of George B. Dorr, the founder of Acadia N.P., the subject of my completed manuscript. I've always wondered
whether their professional library had archival materials that tracked back to the beginning of the firm.
have a good week!
Ron
Cly
Color
Ronald H. Epp, Ph.D.
532 Sassafras Dr.
Lebanon, PA 17042
hhttp://sz0122.wc.mail.comcast.net/zimbra/h/printmessage?id=46240&tz=America/New_Y..4/19/2012
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Gray, John Chipman 1839-1915
Details
1839 - 1915