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BY BENJAMIN C. HOWARD
COUNSELLOR AT LAW AND REPORTE W M DROITONI Q n sunnO COURT

OF THE UNITED STATES.

VOL. IV.

BOSTON:
CHARLES C. LITTLE AND JAMES BROWN.
Law Publishers and Booksellers.

1846.

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Entered according to Act of Congress, in the year 1846, by

CHARLES C. LITTLE. AND JAMES Brown, in the Clerk's Office of the District Court of the District of Massachusetts.

CAMBRIDGE:
STERBOTTIES AND PRINTED PT
METCALP AND COMPANY

PRINTERS TO THB UNIVERSITY.

REPRINTED
FROM THE ORIGINAL EDITION

BY
WILLIAM S. HEIN & CO., INC.
BUFFALO, NY

AND
CLARK BOARDMAN CO LTD

NEW YORK, N. Y.

1968

REPRINTED IN TAIWAN

SUPREME COURT OF THE UNITED STATES.

Hon. ROGER B. TANEY, Chief Justice.
Hon. JOHN MCLEAN, Associate Justice.
Hon. JAMES M. WAYNE, Associate Justice.
Hon. JOHN CATRON, Associate Justice.
Hon. JOHN MCKINLEY, Associate Justice.
Hon. PÉTER V. DANIEL, Associate Justice.
Hon. SAMUEL NELSON, Associate Justice.
Hon. LEVI WOODBURY, Associate Justice

JOHN Y. Mason, Esq., Attorney-General.

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PROCEEDINGS OF COURT

HAD UPON THE

DEATH OF JUDGE STORY.

Ar the opening of the Court this morning, Mr. Mason, the Attorney. General of the United States, addressed the Court as follows :

“May it please your Honors : .“ Since your last term, the senior Associate Justice of this - Court has departed this life. At a meeting of the members of the bar and offi. cers of the Court, held on yesterday, resolutions were adopted expressive of their veneration for the memory of the deceased, and of their sense of the loss which has been sustained by the Court, the profession, and the country. They have done me the honor to impose on me the melancholy task of communicating their proceedings to the bench. : “I am but too sensible of the disadvantages under which I labor, in acquitting myself in this presence of the duty thus confided to me. I had not the advantage of any intimate personal acquaintance with MR. JUSTICE STORY. But he was known to me, as to every lover of an enlightened jurisprudence, and to every admirer of learning and purity in our magistracy, through the fame which he had honorably won, and the light which he had shed on all the various subjects of professional learning, in his opinions delivered from that bench, and the works which he published to the world. .

“ At the early age of thirty-two years, he was appointed an Associate Justice of this Court. In thirty-four years of service in his high office, he acquitted himself of all his responsible duties with a dignity, integ. rity, and learning, which proved him worthy of this exalted judicial tribunal.

“He gave to the profession an example of successful industry above all price. It is wonderful that he should have accomplished so much; unfailing in his attendance here, participating largely in all the learned labors which bear so oppressively on this Court, constant in the discharge of his judicial duties in one of the most important Circuits in the Union, he found time to instruct, as a professor, large classes for many successive years, and to prepare and publish a greater number of learned legal works than any other authar. Yet, in the midst of the

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