The book met with immediate success and enjoyed wide sales. We have chosen the second edition of reprinting as it also includes sketches of Salmon B. Chase and Morrison R. Waite, which were written for this edition by William M. Scott. J. Myron Jacobstein Professor of Law and Law Librarian Roy M. Mersky Professor of Law and Director of Research December, 1976 'L. FRIEDMAN, A HISTORY OF AMERICAN LAW (New York: Simon and Schuster, 1973) p. 19. 2L. BAKER, JOHN MARSHALL, A LIFE IN THE LAW (New York: Macmillan, 1974) 3G. DUNNE, JUSTICE JOSEPH STORY AND THE RISE OF THE SUPREME COURT (New York: Simon and Schuster, 1971); and J. MCCLELLAN, JOSEPH STORY AND THE AMERICAN CONSTITUTION: A STUDY IN POLITICAL AND LEGAL THOUGHT WITH SELECTED WRITINGS (Norman: University of Oklahoma Press, 1971) 4R. COVER, JUSTICE ACCUSED: ANTISLAVERY AND THE JUDICIAL PROCESS (New Haven: Yale University Press, 1975) "At this writing, three volumes are in print: J. GOEBEL, JR., ANTECEDENTS AND BEGINNINGS TO 1801 (New York: Macmillan, 1971) (HISTORY OF THE SUPREME COURT OF THE UNITED STATES V. I); C. SWISHER, THE TANEY PERIOD 1836-64 (New York: Macmillan, 1974) (HISTORY OF THE SUPREME COURT OF THE UNITED STATES V. V); and C. FAIRMAN, RECONSTRUCTION AND REUNION 1864-88 PART ONE (New York: Macmillan, 1971) (HISTORY OF THE SUPREME COURT OF THE UNITED STATES V. VI). OF THE LIVES, TIMES AND JUDICIAL SERVICES OF THE CHIEF JUSTICES OF THE Supreme Court of the United States. JAY, RUTLEDGE, ELLSWORTH, MARSHALL, TANEY, CHASE, BY GEORGE VAN SANTVOORD. SECOND EDITION EDITED BY WILLIAM M. SCOTT, OF THE ALBANY BAR. ALBANY, N. Y.: WEARE C. LITTLE & CO., LAW BOOKSELLERS AND PUBLISHERS, 1882. Entered according to Act of Congress in the year 1882, by WEARE C. LITTLE & CO., in the office of the Librarian of Congress at Washington. GEORGE C. RIGGS, PRINTER, STEREOTYPER AND BINDER, 461 BROADWAY, ALBANY, N. Y. PREFACE. Or the five eminent Jurists who have successively filled the elevated station of Chief-Justice of the United States, only one-the first Chief-Justice, Jay-has hitherto been the subject of anything like a complete biography. So far as I know, with this exception, and except also an occasional sketch, or an obituary notice-such as that pronounced on Marshall, by his brother Judge Story, before the Suffolk bar-no attempt has been made to preserve in a connected narrative, even the public history and career, to say nothing of the professional life and judicial services, of these distinguished men, three of whom were prominent and active leaders among the statesmen of the Revolution. I have seen it stated some years since, that a son-in-law of Judge Ellsworth was preparing an extensive and complete biography of that gentleman, containing his speeches, extracts from his writings, and many interesting facts in regard to him, but, for some cause which I have not seen explained, the promised memoir has not made its appearance. It might indeed seem a singular, and unaccountable neglect, that one so eminent and distinguished in our civil and diplomatic, as well as our judicial annals, should not hitherto have had a place assigned him in our biographical literature, were not the same unaccountable neglect manifest in the case of his immediate predecessor, as well as in that of his illustrious successor, on the bench of the Supreme Court. Surely the rich mine of American biography cannot be nearly exhausted when such treasures as the lives of Rutledge, Ellsworth, and Marshall, lie still undeveloped and comparatively neglected. The plan of these memoirs, which are now submitted with unaffected diffidence to the public, is such, as necessarily to restrict that part of them which may properly be called biographical, within very narrow limits. They do not pretend to the minuteness of the full and complete biography, and I have not, therefore, assumed to dignify them with a higher title than simply that of "sketches." My object has been rather to trace the judicial history and follow the professional career of these illustrious jurists, than to write what may properly be called their biographies. Still, I have en. Ideavored not to neglect entirely the essentia. requisites of biography, but have attempted, so far as the limits prescribed will permit, to present an accurate and connected view of the public and official life of each of them before coming to the bench. Without further remark I might here submit this volume to the judgment of the reader, and leave it to speak for itself. But a single additional observation seems proper and necessary. I am aware that the review of judicial decisions, which I have given somewhat at length, is a wide departure from the ordinary course of biographical writing. I have not entered upon it, however, without due reflection and design. A main object in undertaking this work has been to trace something like a history of the United States Supreme Court, and to present a brief and succinct, but connected, view of the Constitutional jurisprudence of the United States; and I know of no more agreeable and interesting mode of doing this than by combining it with sketches of the public and professional lives of those eminent men who have from time to time presided in the Supreme Federal tribunal. I have attempted thus to unite judicial and constitutional history with biography. This has enabled me to take a wider and more general view of the entire subject; to embrace within these sketches not only those matters which are properly the subject of the memoirs of a life, but also to trace the history of the Federal judiciary from its earliest beginnings; to consider the facts and results connected with the adoption of the Federal Constitution, and to review, or notice, more or less fully, most of the important Constitutional questions which have been discussed in the Supreme Court from the foundation of the government to the present time. There are those, perhaps, who may consider such a work as too professional, to claim a place within the sphere of general literature, and to regard such an analysis of legal cases as has been incorporated into it, as incompatible with the legitimate objects of popular biography. Perhaps such a criticism may be just. It is not, however, for the author to anticipate it. If he has misjudged in this respect, he has at least the satisfaction of knowing that the general plan of his work has been considered with favor by friends in whose judgment he has confidence; and should its success not meet their expectations he can but attribute it to its imperfect manner of execution, and not to any want of public interest in that branch of the subject alluded to-a subject which can never be indifferent to the American citizen-the constitutional history and jurisprudence of his country. |