THE CHARLES RIVER BRIDGE CASE
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Of Professor Greenleaf's argument, his I hear three days in the week, while Kent I encounter every day. This week I have colleague, John Davis said, in opening his held two courts, and decided the questions own argument: of our partnership and statute of limitations; "If others had not exhausted the subject and also that of the Hindu witness. The students inquire of me daily when my worthy and learned associate has brought you will be back, and enter earnestly into such untiring industry into the case that forensic contest. I have explained again nothing remains to me but a method of my and again the nature of the question you own, less perfect than his, and a mere re have argued, and endeavoured to enforce vision of the subject under that arrange and illustrate your views; in short, to make ment." the school "Warren-Bridge men." I have Story wrote regarding the argument to been with you in your labors, and have hung with anxious confidence upon the accents Sumner January 25, 1837. of your lips. I have hoped that some of "I thank you truly and heartily for your your points might reach our dear judge's kind letter. It was like a warm spring prejudices and bear them away. If such breeze, after a cold, wintry, northern blast be the case I shall have great joy with you. To convince him would be a greater which had frozen up all one's feelings and triumph than to storm a citadel . . . " sensations. It was not the less comforting, that it was dated from Dane College, and Two days after the close of the argument told of all that was thought and done there, Judge Story wrote to his son W. W. Story, and of the law, and the learned in the law, sojourning there in literary ease, and not January 28, 1837:' disquieted with the turmoils of Washington. "I am glad to learn the localities and "The Charles River Bridge case has been gossip and news of Cambridge. To me these under argument ever since last Wednesday, have more interest than many topics of and is just concluded. Every argument was great stirring moment to the public, and verv good, above and beyond expectation, especially to public men, for I have long and' that is truly no slight praise, considering seen and known that it is scarce worth while all circumstances. Our friend Greenleaf's to be worried about public affairs, since argument was excellent, — full of ability, they are rarely such as are controllable by point, learning, condensed thought, and any appeals to wisdom or experience or strong illustration, — delivered with great patriotism, and mainly go just as the head presence of mind, modestly, calmly, and long, headstrong zeal and discipline of party resolutely. It was every way worthy of directs. him and the cause. It has given him a high "We have been for a week engaged in character with the Bench and with the Bar, hearing the Charles River Bridge cause. It and placed him in public opinion exactly was a glorious argument on all sides, strong where you and I could wish him to be, among and powerful and apt. Mr. Greenleaf the most honored of the profession. He spoke with great ability and honored Dane has given Dane College new iclat, sounding College — Mr. Webster pronounced one of his and resounding fame; I speak this unhesi greatest speeches. Mr. Button was full of tatingly. But at the same time I do not learning and acute remarks, and so was say that he will win the cause. That is Governor Davis — 'Greek met Greek.'" uncertain yet, and will not probably be decided under weeks to come. I say so the Of the arguments of counsel, Judge Story more resolutely because on some points he said afterwards, in his dissenting opinion : did not convince me; but I felt the force of "The arguments at the former term were his argument. Governor Davis made a conducted with great learning, research and sound argument, exhibiting a great deal of ability, and have been renewed at the present acuteness and power of thinking. Dutton's term with equal learning, research and argument was strong, clear, pointed, and ability. But the grounds have been in some replete with learning. Webster's closing reply was in his best manner, but with a respects varied and new grounds." little too much of fiertf here and there. He had manifestly studied it with great care 1 See unpublished letter in "Story Papers" — Massa and sobriety of spirit. On the whole it chusetts Historical Society Library.
