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Joseph Story Quotes

Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1812 to 1845, during the Marshall Court and early-Taney Court eras. He is most remembered for his opinions in Martin v. Hunter's Lessee and The Amistad case, and especially for his magisterial Commentaries on the Constitution of the United States, first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law.

Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tried to be above democratic politics and to shape the law in accordance with the republicanism of Alexander Hamilton and John Marshall and the New England Whigs of the 1820s and 1830s, including Daniel Webster. Historians agree that Justice Joseph Story reshaped American law—as much or more than Marshall or anyone else—in a conservative direction that protected property rights.He was uniquely honored in the historical Steven Spielberg film Amistad when he was portrayed by retired Associate Justice of the U. S. Supreme Court Harry Blackmun. Justice Blackmun portrays Justice Story reading the Supreme Court's decision in the case in which the film was based, and for which Justice Story is most widely remembered, United States v. The Amistad Africans, et al. This is the only time in known film history that an Associate Justice of the Supreme Court has portrayed another Associate Justice. Wikipedia  

✵ 18. September 1779 – 10. September 1845
Joseph Story photo

Works

Commentaries on the Constitution of the United States
Joseph Story: 10 quotes0 likes

Famous Joseph Story Quotes

“Indeed, in a free government, almost all other rights would become utterly worthless, if the government possessed an uncontrollable power over the private fortune of every citizen.”

Joseph Story book Commentaries on the Constitution of the United States

Commentaries on the Constitution of the United States, Volume 3, Joseph Story, Hilliard, Grey (1833), § 1784, p. 661

“[O]ur constitutions of government have declared that all men are born free and equal, and have certain inalienable rights, among which are the right of enjoying their lives, liberties, and property, and of seeking and obtaining their own safety and happiness. May not the miserable African ask, "Am I not a man and a brother?"”

Joseph Story

In 1819, as quoted in Fateful Lightning: A New History of the Civil War and Reconstruction https://books.google.com/books?id=Tpb7HAIhWHgC&printsec=frontcover&dq=9780199843282&hl=en&sa=X&ved=0ahUKEwjz1ILxqfLcAhVDnuAKHda9Ai0Q6AEIKDAA#v=onepage&q=9780199843282&f=false (2012), by Allen C. Guelzo, Chapter One

“Be brief, be pointed, let your matter stand
Lucid in order, solid and at hand;
Spend not your words on trifles but condense;
Strike with the mass of thought, not drops of sense;
Press to close with vigor, once begun,
And leave, (how hard the task!) leave off, when done.”

Joseph Story

"Advice to a Young Lawyer", The American jurist and law magazine: Volume 5 (1831), p. 298.

“It has often been matter of regret in modern times that, in the construction of the Statute of Limitations, the decisions had not proceeded upon principles better adapted to carry into effect the real objects of the Statute; that instead of being viewed in an unfavourable light as an unjust and discreditable defence, it had not received such support as would have made it what it was intended to be, emphatically a Statute of repose. It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may be forgotten, or be incapable of explanation by reason of the death or removal of witnesses.”

Joseph Story

Bell v. Morrison, 1 Peters, Sup. C. Rep. (U. S.) 360 (1828).

“If these Commentaries shall but inspire in the rising generation a more ardent love of their country, an unquenchable thirst for liberty, and a profound reverence for the constitution and the union, then they will have accomplished all that their author ought to desire. Let the American youth never forget that they possess a noble inheritance, bought by the toils, and sufferings, and blood of their ancestors; and capable, if wisely improved, and faithfully guarded, of transmitting to their latest posterity all the substantial blessings of life, the peaceful enjoyment of liberty, property, religion, and independence. The structure has been erected by architects of consummate skill and fidelity; its foundations are solid; its compartments are beautiful as well as useful; its arrangements are full of wisdom and order; and its defences are impregnable from without. It has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, THE PEOPLE. Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people in order to betray them.”

Joseph Story book Commentaries on the Constitution of the United States

Commentaries on the Constitution of the United States, 2d ed. (1851), vol. 2, chapter 45, p. 617. This passage was not in the first edition, but in all later editions.

“I am not able to understand how it can be correctly said in a legal sense, that an action will not lie even in the case of a wrong or a violation of a right, unless it is followed by some perceptible damage which can be established as a matter of fact; in other words, that injuria sine damno is not actionable. On the contrary, from my earliest reading I have considered it laid up among the very elements of the common law, that wherever there is a wrong there is a remedy to redress it; and that every injury imports damage in the nature of it; and if no other damage is established, the party injured is entitled to a verdict for nominal damages.”

Joseph Story

Webb v. Portland Manufacturing Co., 3 Sumn. Rep. 189 (1838).

Joseph Story Quotes

“The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.”

Joseph Story book Commentaries on the Constitution of the United States

Commentaries on the Constitution of the United States (1833), p. 708 http://books.google.com/books?id=Ennw5lvHmcoC&pg=PA708&dq=%22The+right+of+the+citizens+to+keep%22.

“He who seeks equity must do equity.”

Joseph Story

Equity Jurisprudence, 1st ed. (1836), § 59.

“Here shall the Press the People's right maintain,
Unawed by influence and unbribed by gain;
Here Patriot Truth her glorious precepts draw,
Pledged to Religion, Liberty, and Law.”

Joseph Story

Motto of the Salem Register. Adopted 1802. Reported in William W. Story's Life of Joseph Story, Volume I, Chapter VI.

“I will not say with Lord Hale, that "the law will admit of no rival, and nothing to go even with it;" but I will say, that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours, but by a lavish homage.”

Joseph Story

A Discourse Pronounced upon the Inauguration of the Author, as Dane Professor of Law in Harvard University on the Twenty-fifth Day of August, 1829 (1829), p. 29.

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