[771] Livingston to Story, Jan. 24, 1819, Story, i, 323. This important letter discredits the rumor that Story at first thought the College Acts valid.
Story sent copies of his opinion to eminent men other than his associates on the Supreme Bench, among them William Prescott, father of the historian, a Boston lawyer highly esteemed by the leaders of the American bar. "I have read your opinion with care and great pleasure," writes Prescott. "In my judgment it is supported by the principles of our constitutions, and of all free governments, as well as by the authority of adjudged cases. As one of the public, I thank you for establishing a doctrine affecting so many valuable rights and interests, with such clearness and cogency of argument, and weight of authority as must in all probability prevent its ever being again disturbed, I see nothing I should wish altered in it. I hope it will be adopted without diminution or subtraction. You have placed the subject in some strong, and to me, new lights, although I had settled my opinion on the general question years ago." (Prescott to Story, Jan. 9, 1819, ib. 324.)
[772] For instance, the watchful Niles does not even mention it in his all-seeing and all-recording Register. Also see Warren, 377.
[773] North American Review (1820), x, 83.
[774] Fiske: Essays, Historical and Literary, i, 379.
[775] Maine: Popular Government, 248.
[776] Story to Kent, Aug. 21, 1819, Story, i, 331.
[777] See Cooley: Constitutional Limitations (6th ed.), footnote to 335.
[778] Butchers' Union, etc. vs. Crescent City, etc. 111 U.S. 750.
[779] Beer Company vs. Massachusetts, 97 U.S. 25; and see Fertilizing Co. vs. Hyde Park, ib. 659.