As a boy, Joseph studied at the Marblehead Academy until the fall of 1794, where he was taught by schoolmaster William Harris, later president of Columbia University. At Marblehead he chastised a fellow schoolmate and Harris responded by beating him in front of the school; his father withdrew him immediately afterward. Story was accepted at Harvard University in January 1795; he joined Adelphi, a student-run literary review, and was admitted to the Phi Beta Kappa Society.

Story’s young wife, Mary F.L. Oliver, died in June 1805, shortly after their marriage and two months after the death of his beloved father. In August 1808, he married Sarah Waldo Wetmore, the daughter of Judge William Wetmore of Boston. They had seven children but only two, Mary and William Wetmore Story, would survive to adulthood. Their son became a noted poet and sculptor—his bust of his father was mounted in the Harvard Law School Library—who would later publish The Life and Letters of Joseph Story (2 vols., Boston and London, 1851). Volume I and Volume II

Story was elected a Fellow of the American Academy of Arts and Sciences in 1810, and a member of the American Antiquarian Society in 1814. He would later serve as that society’s vice-president from 1831 to 1845.

In November 15, 1811, at the age of 32 years, 58 days, Story became—and, as of 2020, remains—the youngest person nominated to serve on the U.S. Supreme Court. He was chosen by President James Madison to succeed William Cushing, who had died 14 months earlier. Madison’s previous nominee for the seat, John Quincy Adams, was confirmed by the United States Senate, but had declined to serve. The Senate confirmed Story’s nomination and Madison signed his commission on November 18, 1811. Story swore his oath and assumed office on February 3, 1812.

In 1829 he moved from Salem to Cambridge and became the first Dane Professor of Law at Harvard University, meeting with remarkable success as a teacher and winning the affection of his students, who had the benefit of learning from a sitting Supreme Court justice. He was a prolific writer, publishing many reviews and magazine articles, delivering orations on public occasions, and publishing books on legal subjects which won high praise on both sides of the Atlantic. Among Story’s works of this period, one of the most important is the Justice’s Commentaries on the Constitution. The commentaries are divided into three sections, the first two concerning the colonial origins of the confederation and revolution, and the final section concerns the origins of the Constitution. Story’s Commentaries encapsulate and expound his ideology. Within his Commentaries Story, in particular, attacks notions of state sovereignty. Even at this moment when his time on the Court was drawing towards a close, Story remained concerned with the welfare of the Union. His guide to the Constitution stressed the sovereignty of the people rather than the states, and extensively attacked those elements, i.e. southern sovereignty advocates, that Story felt could destabilize the Union. Story’s Commentaries summarize much of the Justice’s philosophy and demonstrate how Story, sought to use his work off the bench to continue to foster popular sovereignty over state sovereignty.

Justice Story spoke at the dedication ceremony for Mount Auburn Cemetery in 1831, which set the model for dozens of subsequent addresses over the next few decades. It also helped spark the “rural cemetery” movement and to link that movement to the development of the republic. Story emphasized the ways that rural cemeteries contributed to an ordered and well-regulated republic of law. Upon his death in 1845, he was buried there “as are scores of America’s celebrated political, literary, religious, and military leaders. His grave is marked by a piece of sepulchral statuary executed by his son, William Wetmore Story.”

He also edited several standard legal works. His Miscellaneous Writings, first published in 1835, appeared in an enlarged edition in 1851.

One of Story’s more vexing opinions was Prigg v. Pennsylvania, in which he wrote for the majority in 1842. Story was forced to consider the constitutionality of a Pennsylvania personal liberty law which placed procedural requirements on those seeking to extradite fugitive slaves. Story, despite his hatred of slavery, sided with the southern justices to declare the Pennsylvania law unconstitutional. This appears especially hard to square with Story’s anti-slavery philosophy, as one of the individuals kidnapped by Edward Prigg, the slave catcher in question, was actually not a slave at all. However, despite the outcome as appearing entirely in favor of the South, a more accurate assessment can be gleaned from the text and time period. Concerning the former, Story argued that fugitive slaves were addressed in the Article 4 Section 2. Despite the fact that slavery was not mentioned, Story concluded that it was all too clear that the clause was meant to secure runaway slaves for southern slaveholders. He went on to note, “The full recognition of the right and title was indispensable to the security of this species of property in all the slaveholding States; and, indeed, was so vital to the preservation of their domestic interests and institutions, that it cannot be doubted that it constituted a fundamental article, without the adoption of which the Union could not have been formed.” Story’s apparent endorsement of slaveholders’ rights must be read through this light, that the justice felt that this was a bargain integral to the Constitution. Consequently, Story had an obligation to honor the deal struck at the Constitutional Convention. Further insight is provided by the political activity of southerners of the day. H. Robert Baker notes, “Story chose the path that he believed best supported a strong Union and rejected the natural right of slaveholders to the people they claimed as property. His resonating opinion answered southern constitutional claims in ways that protected slaveholders’ rights, but not on the terms they wanted.”

Justice Story was one of the most successful American authors of the first half of the 19th century. “By the time he turned 65, on September 18, 1844, he earned $10,000 a year from his book royalties. At this point, his salary as Associate Justice was $4,500.”