Joseph Story and His Role in the History of American Law is Stupendous - Essay Example

The foremost of American legal the Associate Justice of the Supreme Court of the United s, founder of the Harvard Law School, an overseer and Professor of Law of Harvard University, a nationalist in principle, Justice Joseph Story was a towering figure in the American legal history. His contribution and role in the history of American law is stupendous. Justice Story was born in an aristocratic family in the state of Massachusetts. Having graduated from Harvard in 1798, he was admitted to the Bar in 1801 (Weiss, 2004). He was largely self-educated and was second in the class at Harvard. He studies law under a Marblehead Attorney before being admitted to the Bar (Lane, 1997). He practiced law in Salem and was elected several times to the Massachusetts legislature (Infoplease, 2000). Justice Story was politically active from 1805-1811. He briefly served in the US Congress. He was a member of the State house of representatives from 1805-1807 and again in 1811. He also served as a speaker for two terms from 1810 to 1812, and published commentaries on the constitution. His legal scholarship brought him fame and at the tender age of 32, in 1811, he was appointed by President Madison to the U.S. Supreme Court, the youngest person ever to hold that position. Simultaneously, as part of his duties at the Supreme Court, he served as a circuit justice in New England. Justice Story was an early shaper of the US federal system. He served as the Supreme Court Justice until his death in 1845. After appointment at the Supreme Court, President Madison expected Justice Story to contest the Federalist Party nationalism of Chief Justice Marshall but this did not take place. Justice Story joined Chief Justice John Marshall in giving juristic support to the development of American nationalism. He assisted Justice Marshall in broadening the Constitution and expanding the federal power (Encyclopædia, 2006). His opinion in the Martin v. Hunters Lessee (1816) case established that the Supreme Court had the appellate authority over the highest state courts in all civil cases involving the federal Constitution, statutes, and treaties. Justice Story was amongst the top ten important Justices in the history of the US Supreme Court. His contribution at every point in American history is significant. He played a significant role in defining the relationship and the powers of the newly formed US federal government and the individual state governments, which had become a major debatable issue. The framers of the US Constitution demanded that all admiralty and maritime cases should be heard by the federal court, as it would help promote uniformity of law and an emerging US economy. The US maritime laws are based on the maritime laws of England and accordingly, the sea has been defined as being limited to waters subject to the ebb and flow of the tide. Justice Story studied the evolution of admiralty jurisdiction in England. He opposed the manner in which America had adopted the English law. He advocated that the US courts could adopt what was appropriate in the best interest of the nation as it affected US commerce. He pointed out that it was not necessary to adhere to strict English legal tradition. He subsequently established the general rule that contracts are maritime and subject to a US court’s maritime jurisdiction if they relate to navigation, business, or commerce of the sea (Weiss). He later drafted a statue which was used by the courts which further diminished the importance of the English ‘tideland’ rules. These statutes further confirmed application of federal admiralty law to collisions and other torts on US Rivers and lakes. Justice Story condemned slavery and his decision to release the slaves on board the sailing ship Amistad, confirmed this. This was one of the two occasions when he abandoned his rule not to take part in active politics (Lane). Justice Story faced a dilemma when the Supreme Court began its hearing on the Amistad case in 1941. He held a deep regard for the Constitution under which slavery existed but he had made public awareness of his condemnation of slavery. He firmly believed that changes in the law could gradually abolish slavery. When it became apparent that Africans had been unlawfully transported to Cuba in violation of the Spanish law of 1817, Justice Story expressed his views. He believed that the Africans on board the Amistad enjoyed the “ultimate right of all human beings in extreme cases to resist oppression and to apply the force against ruinous injustice”. While the majority of the courts declared the Mendes free people, Justice Story stated that the Africans were not pirates and they were justified in seizing the Amistad. He vehemently opposed slavery and his strong antislavery sentiments were expressed in several judgments that ordered the repatriation to Africa of blacks brought into U.S. ports by slavers. In Prigg v. Pennsylvania, 16 Peters 539 (1842), Justice Story upheld the federal Fugitive Slave Act of 1793 in order to strike down state statutes concerning the recapture of escaped slaves (Encyclopædia). He created a ‘federal common law’ and believed that when the parties were citizens of different states, they were not bound to follow the decisions of the courts of the states in which the action arose. He also rendered invaluable service to the patent law in the United State. In his Note on the Patent Laws (1818), he exalted England’s case law under its Statute of Monopolies and its common law (Flynn, 2006). Justice Story was remarkable as a teacher and imbibed the same enthusiasm in his students at Harvard. While teaching law at Harvard, Justice Story delivered lectures, which were later documented as legal commentaries. Apart from several reviews and magazine articles, he has written twelve volumes of ‘Commentaries’ between 1835 and 1845 on a wide range of American legal subjects. This won him an international reputation. His works were written with a view to provide a justification for rational and uniform legal principles. This helped in avoiding privileges to legal standards in any particular region. His texts can be ranked with James Kents Commentaries on the American Law, and in fact, along with Kent, Justice Story became the founder of equity jurisprudence in the United States. The endowment that he received from the Dane professorship of law, founded specifically for him at Harvard Law School by a writer on law, Nathan Dane, paid for the publication of his commentaries. His works include commentaries on Bailments (1832), On the U.S. Constitution (3 vol., 1833), The Conflict of Laws (1834), Equity Jurisprudence (2 vol., 1836), Equity Pleadings (1838), Agency (1839), Partnership (1841), Bills of Exchange (1843), and Promissory notes (1845). There were several editions and reprints of his books and that on equity jurisprudence (14th ed. 1918) remained the longest in circulation (Story, 1851). His commentary on Conflicts had far-reaching effects on the numerous statutes and treaties of Latin American nations. Thus, Justice Story’s contribution in expanding the federal power and in shaking the traditions of the American people and their strong prejudice for the supremacy of the states is commendable. He brought about a balance between the interests of the state and federal governments. His commentaries not only helped the law students but also influenced the thinking of bench and bar for two generations at least. His contribution in patent laws, equity jurisprudence, and his condemnation of slavery are other significant achievements and contribution to the American history of law. References: Encyclopædia Britannica. 2006. "Story, Joseph." Encyclopædia Britannica Online. 30 June 2006 . Flynn W J (2006), Should the U.S. Supreme Court Cite Foreign Precedents? 30 June 2006 InfoPlease (2006), Story, Joseph, 30 June 2006 Lane C (1997), JOSEPH STORY, 30 June 2006 Weiss J A (2004), The American Blackstone, 30 June 2006 Read More