Judge Story was appointed in his place. If Mr. Lincoln had
accepted, it is likely that the great judicial fame of Judge
Story would be lacking from American jurisprudence. Story
would have devoted himself, probably, to professional or political
life. At any rate he would not have been appointed to the
Bench before 1820.
There can be no doubt that if Lincoln had accepted the seat
upon the Bench, he would have been a thorn in the flesh of
Marshall. He doubtless shared Mr. Jefferson's dislike for
the great Chief Justice. The case of Dartmouth College _v._
Woodward was decided in 1819. There was in fact but one dissent,
but any person who reads Shirley's book on the history of
that case will be inclined to believe that without Judge Story
Dartmouth College _v._ Woodward would not have been decided
as it was.
More interesting and important is the relation, to Mr. Webster's
seat in the Senate, of the second Levi Lincoln, son of him
of whom I have just spoken, himself a member of the Worcester
Club that has been referred to. He was Governor of Massachusetts,
Judge of the Supreme Court of Massachusetts, and a Member
of the National House of Representatives.
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