political issues then at stake in Washington, his thoughts and sympathies were most with legal pursuits. One or two Federalist Sen ators opposed his confirmation (1811) on objection to his youth; but he was con firmed and became the youngest judge of a high tribunal known to legal history in any country. He was also feebly opposed as being too much of a politician; the oppo site reason to that urged by Senator Hill in 1894 to the confirmation of William B. Hornblower. With the exception of ChiefJustice Marshall, Story's new associates of the Bench were not of that distinguished legal character that later marked the Su preme Bench. Bushrod Washington of Virginia, William Johnson of South Caro lina, Brockholst Livingston of New York, Thomas Todd of Kentucky, became Story's associates. None of them had been as eminent at their local Bar as had been Story; and each one was many years older than the newcomer. But Story soon de monstrated to Bar and associates the legal grasp of his logical mind and his familiarity with legal principles, as well as his powers towards discrimination in their application to controversies. He had already enjoyed a notable debut in the court as one of the counsel in what is known to Cranch's reports as the Georgia claim : a case involving grave constitutional questions by which, in discussing, Story at tracted marked attention. It had previously been the judicial tone in the court to give liberal and Hamiltonian constructions to con stitutional provisions, but, from his Jeffersonian proclivities, Story urged strict con struction of the letter. These views he carried upon the Bench. Seventh Cranch contains some of Story's maiden decisions, and these all gave promise of the learning and perspicuity which marked all of his after opinions. Yet not only on the Supreme Bench but as judge of the whole New England Federal Circuit he proved his judicial ability — as
Gallison's reports first showed. Substantially, Joseph Story may be termed the Father of American prize law, admiralty law and pa tent law; as he also afterwards became of American equity jurisprudence by his Com mentaries. It was the case of Martin v. Hunter at Washington which undoubtedly led to his creation of Commentaries on the Constitu tion. The case first settled the jurisdiction of the Federal Supreme Court to over-ride State constructions of the local constitutions. He took part also in deciding the great Dartmouth College case involving the juris diction of a legislature over charters as constituting vested rights. That was the case which first brought Daniel Webster conspicuously to the legal fore; and it is re corded of the great Daniel that being once in a den of juridical lions he was compli mented for his argument, but said, " Ah, gentlemen, you should read Story's opinion, which throws argument of counsel into shadow." Story also had the courage of his legal convictions, for in the notable " Nereid" prize case growing out of the Naval War he dissented from Chief-Justice Marshall; and after the Civil Wrar that dissent was substan tially sustained in an opinion of Chief-Justice Chase. Marshall died in 1835, and Story wrote for the " North American Review," a paper upon that great man which exhausts the biographical topic. Almost every lawyer in the Union and many newspapers now felt assured that to Story would come the vacant chief justiceship; but Andrew Jackson was president, warring against the constitution ality of the United States Bank and its po tent branches, and Story was known not to have legal views on that controversy sym pathetic with Jackson's views. Then it was that the President, who had made Roger B. Taney of Virginia Secretary of the Treasury for the purpose of crippling that Bank by re moving from it the national deposits, after the conscientious refusal of Secretary Duane,
