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place, would have been consumed by the costs of litigation for years, with the result probably the same in the end. A young man once wrote to Lincoln, enquiring for the best mode of obtaining a thorough knowledge of the law. The mode is very simple, he responded, though laborious and tedious. It is only to get books and read and study them carefully. Begin with Blackstone's Commentaries, and after reading carefully through, say twice, take up Chitty's Pleadings, Greenleaf's Evidence, and Story's Equity in succession. Work, work, work, is the main thing. Letter to J. M. Brockman, Sept. 25, 1859, Ms. Lincoln never believed in suing for a fee. If a client would not pay on request he never sought to enforce collection. I remember once a man who had been indicted for forgery or fraud employed us to defend him. The illness of the prosecuting attorney caused some delay in the case, and our client, becoming dissatisfied at our conduct of the case, hired some one else, who superse
e Twenty-third and Twenty-fifth Massachusetts, and the Ninth New Jersey. Our regiment, the Twenty-third, alone landed at a point nine miles above Smithfield. The others were to land below at that place. We took up our line of march, and within about one mile came upon the rebel signal corps, who gave us a volley and fled. We followed, meeting with no opposition for three miles, when we found them posted behind breastworks and reenforced. They were too strong for our skirmishers, and Captain Story, of company F, was ordered to charge the breastworks with his command, companies I and D, about fifty men; and lest this should seem small for two companies, I will say, our whole regiment only mustered three hundred men, and were put into six companies of fifty men each. We were ordered to fix bayonets, and then forward, every man's eye being on the breastworks as he advanced toward it, expecting to receive a volley; but the rebels fled without firing. We pressed after them; and a mil
, that they have taken no notice of us whatever; the men are lying weltering in their blood, suffering beyond description. Sept. 22.--To-day we had a man die. Dr. Story (rebel) has been put in charge of all the Yankee wounded. He appears to be a gentleman, but as yet there has been nothing done for the wounded, who are sufferin look like a set of drowned rats. Some of the boys are very sick; many must die with such treatment. The sergeant of the guard procured a tent for eight of us. Dr. Story does all he can for us. We drew our pittance of corn-meal to-day. Oct. 2.--We expect to leave here to-day. I sincerely hope we will. I long to be in God's country once more, and behold the good old flag again. The lice and filth here are intolerable. Oct. 3.--No signs of leaving yet. Dr. Story is doing his best to make us comfortable, but we have no bandages to dress our wounds with. Two deaths to-day. Oct. 4.--To-day is very cold. We have no blankets, hence there is a great
ted to the adoption of the Constitution, because it did not, in terms, provide for the trial by jury in civil cases. It is needless to remind an American of the anxiety with which this institution has been watched. It is well described by Mr. Justice Story, in the case of Parsons vs. Bedford, 3 Peters, 446. Justice Story also explains what is meant by a suit at common law, in the section quoted. It covers all suits except those of equity, admiralty, or maritime jurisdiction; and the JudiciarJustice Story also explains what is meant by a suit at common law, in the section quoted. It covers all suits except those of equity, admiralty, or maritime jurisdiction; and the Judiciary Act of 1789 (chapter 20, sections 9, 12, and 13), carries this construction into practical operation. It will hardly be claimed that Congress can take a case which entitles a party to a jury, and deprive him of a jury by converting it into a summary proceeding, or that they can, in the same way, deprive him of his liberty or property without due process of law. If they could do this, the trial by jury and the due process of law secured by the Constitution become a mockery. Treating this as
thority of Gen. Jackson's example at New Orleans, (not mentioned by the Chief-Justice,) afterwards impliedly sanctioned by Congress, who indemnified him for its exercise, and the solemn decision of the Supreme Court, before mentioned, pronounced thirteen years since, and never afterwards questioned by that or any other tribunal — rather than by the authorities relied on by the Chief-Justice, that is to say, a clearly extra-judicial observation of Chief-Justice Marshall, a mere doubt of Mr. Justice Story, an alleged doubt of Mr. Jefferson, nowhere, however, proved to have been felt, of the legality of Gen. Wilkinson's conduct at New Orleans in 1807--conduct in fact approved by him, and not disapproved of by any Congressional legislation — a commentary on the English form of government, a Government resting as to nearly all its powers upon usage and precedent, or to the otherwise unsupported authority of the Chief-Justice, and especially when, as in this instance, he seems to have depar
roper and legitimate meaning, to gain power indirectly. I have not time to go through the history of the country. It is enough to say it ripened within the last few years, and came to maturity under the organization of that party now in power — that party which now has the destiny of the United States in its hands — known as the Republican party. Seven States of the North finally utterly repudiated the most important feature in it — a feature without which, I am told, in the language of Judge Story, the Constitution would never have been made. I mean that obligation the North entered into to return fugitive slaves from our country. Seven States arrayed themselves — perhaps more--seven at least, arrayed themselves in open, palpable, violation of this known portion of the compact. We appealed to them — we believed it was best for all the States, as Washington presided over the Convention that made the Constitution, that all the States should remain in the Union, faithfully perfo
oclamation calling out the militia of the States to the extent of seventy-five thousand men. That call was made under the authority of the act of 1795, and is perfectly in accordance with the law. It has been decided by the Supreme Court of the United States that that act is constitutional, and that the President alone is the judge of the question whether the exigency has arisen. This decision was made in the celebrated case of Martin agt. Mott. The opinion of the Court was delivered by Judge Story. Let me read from the opinion of the Court: It has not been denied here that the act of 1795 is within the constitutional authority of Congress, or that Congress may not lawfully provide for cases of imminent danger of invasion, as well as for cases where an invasion has actually taken place. In our opinion there is no ground for a doubt on this point, even if it had been relied on; for the power to provide for repelling invasion includes the power to provide against the attempt
ge number of private cases arising under that law. I therefore gave it most painstaking and exhaustive study, devoting to it all the time I had and what I could rob from sleep, in order to prepare myself in this branch of professional work. This was noised about in the profession, and I was applied to at once by some of my seniors at the bar, and I also had some cases of my own under that law. Thus it came about that in 1842 I tried the first two bankrupt cases to a jury. One was before Judge Story in the Circuit Court in the District of Massachusetts, and the other before Judge Harvey in the Circuit Court of New Hampshire. I won them both, and I believe this was the first instance where a lawyer two years at the bar tried cases of such importance to a jury in the Circuit Court of the United States. I trust I may not appear boastful in making this narrative, because I had nothing to boast of save a devotion to my profession. I do not believe in genius carrying a man along in the
us and the enemy. Col. Logan came to our lines and requested we would not fire, as it would endanger his men. I gave the order to the men to withhold their fire. We remained exposed to the enemy's fire for fifteen or twenty minutes without being able to return it, or to determine whether our friends were still in danger of our guns. At this time, the enemy's fire partly subsiding, the regimental colors were ordered forward and were planted ten paces in front of our line of battle by First Lieut. Story, of company C. This failing to call forth a fire, Captain Bingham, of company H, advanced to a point ten or twelve paces in front of our line, and waved our colors in the air. This drew his fire, which was most heartily responded to by our men, and was followed up in rapid succession on both sides. Our men behaved most gallantly. In the early part of the action, Capt. Cuppy, of company E, was severely wounded while in advance of his men bravely cheering them on. By this time the reg
Southern Historical Society Papers, Volume 7. (ed. Reverend J. William Jones), Official correspondence of Confederate State Department. (search)
hority, and who, with the single exception of a subordidinate officer, were British subjects. I do not think such a case can be brought within the application of the principle, perfectly well settled, and which in a war like the present our Government ought never to yield, that the citizen of a belligerent State, with or without a commission, may capture enemies' property at sea. That doctrine (as may be seen in the elaborate discussion of the opinions of British and foreign jurists by Judge Story, in the case of the Ship Emulous, 1 Gall. Rep., 563, 55; 8 Cranch, 110--a discussion which Mr. Phillimore pronounces perfectly exhaustive) is founded upon the hostile relations which the mere declaration of war creates between citizens of the contending States. A commission would appear to me indispensable to enable a belligerent to claim for itself the benefit of captures made in its behalf by citizens of a neutral State. Parr's position may be, and in all probability is, very differe
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