Page:The Green Bag (1889–1914), Volume 15.pdf/107

 Rh

majority of the court. His opinions vary which are recorded in thirty-five volumes of greatly in quality. His dissenting opinion in reports. The record of his service in his cir Fletcher z1. Peck, 6 Cranch 87, contains the cuit fills. thirteen volumes. During the same germ of dissatisfaction with Marshall's view period he wrote thirteen, treatises on large of the scope of the contract clause of the and widely diverse topics of the law, assisted constitution which subsequently became in the preparation of a digest of the decisions widespread. See also his dissent in ex parte of the Supreme Court, wrote a large volume Bollman, 4 Cranch 75, Livington v. Moore, of exhaustive legal reviews, and for the last 7 Peters 469: Patapsco Insurance Company | sixteen years of his life acted as professor of v. Coulter, 3 ib. 213'. Ogden v. Saimders, 12 law at Harvard. This immense productivity Wheaton 213; Munro r. Almeida, ю ib. 473; indicates certain necessary characteristics— The St. Jago de Cuba, 9 ib. 417. untiring industry, regularly and systemati Chase (1796-1811) made no material con cally applied; a memory and power of reason tributions to federal jurisprudence. His pa ing developed by healthy discipline, and ready triotism was militant, but his judicial de apprehension, together with remarkable meanor was rough and overbearing. He is fluency in expression. It also implies some chiefly remembered as the only justice of the limitations, which are perhaps most conspic court against whom impeachment proceed uous in his legal treatises. Story was not a ings have been brought. To this extent, in genius—unless it be that genius which has deed, his title to remembrance is likely to be been described as the capacity for taking in secure, for the failure of the proceedings finite pains. His work was not, like Mar against him bears the same momentous sig shall's, the outcome of the suggestive infer nificance with respect to the independence of ences of his own mind. It was mainly the result of his knowledge of the thoughts of the judiciary that the impeachment proceed ings against President Johnson bear to the others, arranged, systematized, applied and independence of the executive. Livingston extended. His distinguishing characteristic (1806-23) and Todd (1807-26) were modest is, therefore, not strength, but learning, full ness and variety. Considered from an his specialists: the former was a lawyer of un torical point of view his legal treatises are doubted learning in maritime and commer cial law, while Todd's specialty was land very superior productions, but as practical text books they do not rank so high. The laws. extent of the writer's learning inevitably led Dryden's Lines on Finch,— to diffuseness and historical disquisition "Our laws that did a boundless ocean seem, rather than terse statement of principle. And Were coasted all and fathom'd all by him," the speed with which these works were pre may well be applied to Joseph Story (1811- pared is disclosed by their frequent lack of 45). Appointed to the bench, like his English point and precision. Of all his treatises it is prototype BuHer, at the remarkably early age safe to predict that his Constitutional Law of thirty-two, he d«voted his great powers to and Conflict of Laws alone will hold a per the law during a period of thirty-four years manent place in judicial literature. His judicial services were upon a higher with a singleness of purpose and such mar vellous industry that one despairs of seeing plane. His opinions, particularly in the Su his like again. The mere catalogue of his preme Court, are admirable specimens of labors oppresses the senses. In the Supreme learning, logic and perspicuous method. It Court of the United States he was, next to is too much to say, as his biographer does, Marshall, the most active participant in labors that "for clearness of texture and compact