Whited States. Supreme Court REPORTS OF CASES ARGUED AND ADJUDGED THE SUPREME COURT OF THE UNITED STATES. JANUARY TERM, 1846. BY BENJAMIN C. HOWARD, OF THE UNITED STATES. VOL. IV. BOSTON: CHARLES C. LITTLE AND JAMES BROWN. Law Publishers and Booksellers. 1846. Lang RR KF A212 v.415 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: STEREOTYPED AND PRINTED BY REPRINTED FROM THE ORIGINAL EDITION BY WILLIAM S. HEIN & CO., INC. 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. JOHN Y. MASON, Esq., Attorney-General. WILLIAM THOMAS CARROLL, Esq., Clerk. BENJAMIN C. HOWARD, Esq., Reporter. ALEXANDER HUNTER, ESQ., Marshal. PROCEEDINGS OF COURT HAD UPON THE DEATH OF JUDGE STORY. Ar the opening of the Court this morning, Mr. Mason, the AttorneyGeneral 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 |