Page:The Green Bag (1889–1914), Volume 09.pdf/74

 Joseph Story. editing law books of London origin. His first attempt was annotating " Abbott on Shipping" — a subject near to his clients of seaports Salem and Marblehead and Bos ton. Many of these notes became after wards incorporated into new London edi tions of the main work. His next venture into legal authorship was in editing " Lawes on Assumpsit." He was now only thirtytwo years of age, and addicted to great re search and accuracy. All of his writings bear testimony to those qualities so neces sary to a legal author. His industry be came the gossip of the Bar and Bench; for by that time his practice had so increased that he was occasionally brought to the nisi frins of New Hampshire where he met in jury combat its great advocate, Jeremiah Mason, the traditions of whose power as a jury lawyer survive to the present legal generation of the Granite State. Story be came remarked for his persuasive powers. Indeed, he was naturally an instructor. In his manner, whether at the Bar or on the Bench, throughout life, he joined to the vigor, earnestness and concentration of a man the naturalness, buoyancy and unconsciousness of a child. Young or aging, his face was that of a beatified saint. His beaming countenance invited confidence. Joseph Story's pioneer case as a young lawyer will be found for the defendant in Rust v. Low, 6 Mass. 90. It was the etiquette of the Salem Bar then, for adversary counsel in a case, after joining issues, to exchange points and authorities, and in some cases this practice resulted in settlements and compromises and, indeed, withdrawal of suits or defenses. In that cited case, Story's opponent preliminarily said, "There is a decision by Hale which to tally defeats your contention." Note was made of it, and Story set about tracing the decision to its source and foundation princi ples, when he discovered that Hale had made an error. When the point was cited against him and he began to differentiate it,

the Judge amusedly and sarcastically asked, "Do you attempt to overrule Sir Mathew Hale?" and eventually ruled with the cita tion. When the temporarily discomfited Story reached the Appellate Court his ar gument prevailed, and the Judge writing the opinion was unfair enough not to notice Story's brief and research, but took to him self the sole credit of discovering and point ing out Hale's error. Nevertheless, in legal circles the incident gave Story much pres tige. He had now also embarked in politics, and been elected to the Massachusetts Leg islature, where he served as Speaker of the House with executive ability, and in the post first displayed judicial acumen. He was next elected to Congress, and against the peace predilections of his constituents by his speech and votes he sustained Presi dent Madison's patriotic plans in the naval war with England. It is commonly supposed that Story owed his professorship in the Cambridge law-school to the fact that its overseers se lected him because of the prestige of hav ing a Federal judge in the chair. But his selection (first as professor in the Royall foundation, which he declined, and later as in the chair founded by Nathan Dane) was made on his merits at the Bar, and before President Madison selected him for Justice of the Federal Supreme Court to fill a va cancy. While a Congressman, Story was oftenest found in the chamber of the Su preme Court. Indeed he was there daily, studying the methods of the great lawyers who argued, and betraying the greatest in terest in the legal issues at stake — most of them of a novel and unprecedented charac ter. He formed many legal friendships, and especially with Attorney-General Pinkney and Chief-Justice Marshall. Story's letters of the period to his wife (published after his death) were filled with comments upon the lawyers, the judges and the cases : evidencing that, notwithstanding the grave