The author of this volume was considered one of the ablest legal minds in the United States.He studied law under William Wirt,the eminent author of the Life of Patrick Henry,and his practiced profession with great success from 1810to 1824.After an interval of retirement,he held a high judicial position as Judge of the General Court of Virginia,from 1826to 1841; at which time he entered Mr.Tyler's Cabinet as Secretary of the Navy.
On Mr.Webster's retirement,in the spring of 1843,Judge Upshur succeeded him as Secretary of State.On the 28th of February 1844,the explosion of the great gun ("Peacemaker")on board the steamer Princeton killed this eminent jurist and statesman.His reputation in private life was as spotless as his public fame was exalted and unrivaled.
This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published.It has remained unanswered.Indeed,we are not aware that any attempt has been made to invalidate the soundness of its reasoning.As a law writer,Judge Story has been regarded as one of the ablest of his school,which was that of the straightest type of "Federalists"of the elder Adams's party.His commentaries are a good deal marred with the peculiar partisan doctrines of that school of politicians;indeed,they may be looked upon as a plea for the severe political principles which ruled the administration of President John Adams.The Alien and Sedition Laws,which have long since passed into a by-word of reproach,will still find abundant support in Judge Story's Commentaries .He perpetually insisted on construing the Constitution from the standpoint of that small and defeated party in the Federal Convention which wanted to form a government on the model of the English monarchy in everything but the name.This party was powerful in respectability and talents,but weak or few in numbers ?and after it was so signally defeated in the Constitutional Convention,it still held on to its monarchical principles,and sought to invest the new government with kingly powers,notwithstanding the Constitution had been constructed upon principles entirely opposite to its doctrine.In a letter of U.S.Senator John Langdon,of New Hampshire to Samuel Ringgold,of the date of October 10th ,1800,he says:
"Mr.Adams certainly expressed himself that he hoped,or expected to see the day when Mr.Taylor,and his friend,Mr.Giles,would be convinced that the people of America would never be happy without a hereditary Chief Magistrate and Senate or at least for life."Mr.Rose,a Senator from Pennsylvania,and a friend of the Adams party,left the table of Mr.Hollines,of Philadelphia,when "the Constitution of the United States"was given as a toast.John Wood,the historian of the time,speaking of the principles of the Federalists,says:"They bestowed unbounded panegyrics upon Alexander Hamilton,because this gentleman acted the part of Prime Minister to the President.They thought the administration and the government ought to be confounded and identified;that the administration was the government,and the government the administration;and that the people ought to bow in tame submission to its whim and caprice."Writing of Mr.Adams,Jefferson says:"Mr.Adams had originally been a Republican.The glare of royalty and nobility,during his mission in England,had made him believe their fascination to be a necessary ingredient in government.His book on the American Constitution had made known his political bias.He was taken up by the monarchical Federalists in his absence,and was by them,made to believe that the general disposition of our citizens was favorable to monarchy."
At a dinner given by Mr.Jefferson,when he was a member of Washington's Cabinet,he declares that,"after dinner,Mr.Adams said:'Purge the British Constitution of its corruption,and give to its popular branch equality of representation,and it would be the most perfect Constitution ever devised by the wit of man.'Hamilton replied:'Purge it of its corruption,and give to its popular branch equality of representation,and it would become then an impracticable government.As it stands at present,with all its supposed defects,it is the most perfect government that ever existed.'"
Mr.Jefferson adds:"Hamilton was not only a monarchist,but for a monarchy bottomed on corruption."The Federalists having a majority in Congress,passed an act to continue in force during the administration of Mr.Adams,declaring that "if any person should write or publish,or cause to be published,any libel against the Government of the United States,or either House of Congress,or against the President,he shall be punished by a fine not exceeding two thousand dollars,and by imprisonment not exceeding two years."
A great many editors,and other gentlemen,were imprisoned under this act.
