The Life of John Marshall
Chapter 257 : [1001] _Enquirer_, June 21, 1821, as quoted in _ib._ 110.[1002] _Branch Hist. Papers_,

[1001] _Enquirer_, June 21, 1821, as quoted in _ib._ 110.

[1002] _Branch Hist. Papers_, June, 1906, 119.

[1003] _Ib._ 123-24.

[1004] _Enquirer_, June 5, 1821, as quoted in _Branch Hist. Papers_, June, 1906, 146-47.

[1005] _Ib._ 182-83.

[1006] Marshall to Story, June 15, 1821, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 327-28.

[1007] Marshall refers to three papers published in the _Enquirer_ of May 15 and 22, and June 22, the first two signed "Somers" and the third signed "Fletcher of Saltoun." It is impossible to discover who these writers were. Their essays, although vicious, are so dull as not to be worth the reading, though Jefferson thought them "luminous and striking." (Jefferson to Johnson, June 12, 1823, _Works_: Ford, XII, 252, footnote.)

"Somers," however, is compelled to admit the irresistible appeal of Marshall's personality. "Superior talents and address will forever attract the homage of inferior minds." (_Enquirer_, May 15, 1821.)

"The Supreme court ... have rendered the const.i.tution the sport of legal ingenuity.... Its meaning is locked up from the profane vulgar, and distributed only by the high priests of the temple." (_Ib._ May 22, 1821.)

"Fletcher of Saltoun" is intolerably verbose: "The victories ... of courts ... though bloodless, are generally decisive.... The progress of the judiciary, though slow, is steady and untiring as the foot of time."

The people act as though hypnotized, he laments--"the powerful mind of the chief justice has put forth its strength, and we are quiet as if touched by the wand of enchantment;--we fall prostrate before his genius as though we had looked upon the dazzling brightness of the s.h.i.+eld of Astolfo.--Triumphant indeed has been this most powerful effort of his extraordinary mind. His followers exult--those who doubted, have yielded; even the faithful are found wavering, and the unconvinced can find no opening in his armor of defense."

This writer points out Marshall's "abominable inconsistencies," but seems to be himself under the spell of the Chief Justice: "I mention not this to the disadvantage of the distinguished individual who has p.r.o.nounced these conflicting opinions. No man can have a higher respect for the virtues of his character, or greater admiration of the powers of his mind."

Alas for the change that time works upon the human intellect! Consider Marshall, the young man, and Marshall, the Chief Justice! "How little did he, at that early day, contemplate the possibility of his carrying the construction of the const.i.tution to an extent so far beyond even what he then renounced!" [_sic._]

Thereupon "Fletcher of Saltoun" plunges into an ocean of words concerning Hamilton's theories of government and Marshall's application of them. He announces this essay to be the first of a series; but, luckily for everybody, this first effort exhausted him. Apparently he, too, fell asleep under Marshall's "wand," for nothing more came from his drowsy pen. (_Ib._ June 22, 1821.)

[1008] Marshall to Story, July 13, 1821, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 329.

[1009] Jefferson to Jarvis, Sept. 28, 1820, _Works_: Ford, XII, 162-63.

[1010] Marshall to Story, July 13, 1821, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 328-29.

[1011] Same to same, Sept. 18, 1821, _ib._ 330.

[1012] Marshall to Story, July 13, 1821, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 329-30.

[1013] Marshall to Story, July 13, 1821, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 330-31.

[1014] Taylor: _Tyranny Unmasked_, 89.

[1015] This was Madison's idea. See vol. I, 312, of this work.

[1016] Taylor: _Tyranny Unmasked_, 33.

[1017] M'Culloch _vs._ Maryland.

[1018] Martin _vs._ Hunter's Lessee and Cohens _vs._ Virginia.

[1019] Cohens _vs._ Virginia.

[1020] Taylor: _Tyranny Unmasked_, 132-33.

[1021] Taylor: _Tyranny Unmasked_, 133-254. Taylor was the first to state fully most of the arguments since used by the opponents of protective tariffs.

[1022] _Ib._ 260.

[1023] _Ib._ 285.

[1024] _Ib._ 305.

[1025] _Ib._ 341.

[1026] Jefferson to Thweat, Jan. 19, 1821, _Works_: Ford, XII, 196-97.

Wirt, though a Republican, a.s.serted that "the functions to be performed by the Supreme Court ... are among the most difficult and perilous which are to be performed under the Const.i.tution. They demand the loftiest range of talents and learning and a soul of Roman purity and firmness.

The questions which come before them frequently involve the fate of the Const.i.tution, the happiness of the whole nation." (Wirt to Monroe, May 5, 1823, Kennedy, II, 153.)

Wirt, in this letter, was urging the appointment of Kent to the Supreme Bench, notwithstanding the Federalism of the New York Chancellor.

"Federal politics are no way dangerous on the bench of the Supreme Court," adds Wirt. (_Ib._ 155.)

[1027] His strange failure to come to Roane's support in the fight, over the Judiciary amendments to the Const.i.tution, in the Virginia Legislature during the session of 1821-22. (See _infra_, 371.)

[1028] Jefferson to Johnson, June 12,1823, _Works_: Ford, XII, footnote to 255-56.

[1029] Jefferson to Livingston, March 25, 1825, Hunt: _Livingston_, 295-97.

[1030] _Annals_, 17th Cong. 1st Sess. 68.

[1031] Roane to Thweat, Dec. 24, 1821, Jefferson MSS. Lib. Cong.

[1032] _Annals_, 17th Cong. 1st Sess. 69-70.

[1033] _Ib._ 71-72.

[1034] _Annals_, 17th Cong. 1st Sess. 74-75.

[1035] _Ib._ 79.

[1036] _Ib._ 79-80.

[1037] _Annals_, 17th Cong. 1st Sess. 84-90.

[1038] Webster to Story, Jan. 14, 1822, _Priv. Corres._: Webster, I, 320.

[1039] Ordinance of Separation, 1789.

[1040] Act of Feb. 27, _Laws of Kentucky_, 1797: Littell, 641-45. See also Act of Feb. 28 (_ib._ 652-71), apparently on a different subject; and, especially, Act of March 1 (_ib._ 682-87). Compare Act of 1796 (_ib._ 392-420); and Act of Dec. 19, 1796 (_ib._ 554-57). See also in _ib._ general land laws.