Beacon Lights of History, Volume 11: American FoundersLord, John
History
Beacon Lights of History, Volume 11: American Founders
Lord, John
History; United States -- Biography
Nor is it alone upon his opinions on questions of constitutional law
that Marshall's fame as a judge rests. The decisions of the Supreme
Court on constitutional questions naturally attract greater popular
interest than its judgments in other matters; but we have seen that its
jurisdiction embraces a wide range of subjects. Nor is it desirable that
its sphere of action should be circumscribed in the direction of
confining it to questions that have a semi-political aspect. Indeed, it
may be believed that the safety and permanence of the court would be
best assured by extending rather than by contracting its jurisdiction in
ordinary comercial subjects. In dealing with such subjects, however,
Marshall did not achieve that pre-eminence which he acquired in the
domain of constitutional law, a fact doubtless to be accounted for by
the defects of his early legal education, since no originality of mind
can supply the place of learning in matters which depend upon reasoning
more or less technical and artificial. But in the domain of
international law, in which there was greater opportunity for elementary
reasoning, he exhibited the same traits of mind, the same breadth and
originality of thought, the same power in discovering, and the same
certainty in applying, fundamental principles that distinguished him in
the realm of constitutional discussions; and it was his lot on more than
one occasion to blaze the way in the establishment of rules of
international conduct. During the period of his judicial service,
decisions were rendered by the Supreme Court in 195 cases involving
questions of international law, or in some way affecting international
relations. In eighty of these cases the opinion of the court was
delivered by Marshall; in thirty-seven by Mr. Justice Story; in
twenty-eight by Mr. Justice Johnson; in nineteen, by Mr. Justice
Washington; in fourteen by Mr. Justice Livingston; in five, by Mr.
Justice Thompson; and in one each by Justices Baldwin, Gushing, and
Duvall. In eight the decision was rendered "by the court." In five cases
Marshall dissented. As an evidence of the respect paid to his opinions
by publicists, the fact may be pointed out that Wheaton, in the first
edition of his "Elements of International Law," makes 150 judicial
citations, of which 105 are English and 45 American, the latter being
mostly Marshall's. In the last edition he makes 214 similar citations,
of which 135 are English and 79 American, the latter being largely
Marshall's; and it is proper to add that one of the distinctive marks of
his last edition is the extensive incorporation into his text of the
words of Marshall's opinions. Out of 190 cases cited by Hall, a recent
English publicist of pre-eminent merit, 54 are American, and in more
than three-fifths of these the opinions are Marshall's.
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