Choice Specimens of American Literature, and Literary Reader: Being Selections from the Chief American WritersMartin, Benj. N. (Benjamin Nicholas)
General
Choice Specimens of American Literature, and Literary Reader: Being Selections from the Chief American Writers
Martin, Benj. N. (Benjamin Nicholas)
American literature
If we were tempted to say, in one word, what it was in which he chiefly
excelled other men, we should say, in wisdom--in the union of that
virtue, which has ripened under the hardy discipline of principles,
with that knowledge which has constantly sifted and refined its old
treasures, and as constantly gathered new. The constitution, since its
adoption, owes more to him than to any other single mind, for its true
interpretation and vindication. Whether it lives or perishes, his
exposition of its principles will be an enduring monument to his fame,
as long as solid reasoning, profound analysis, and sober views of
government, shall invite the leisure, or command the attention, of
statesmen and jurists.... Yet it may be affirmed by those who have had
the privilege of intimacy with Mr. Chief Justice Marshall, that he
rises, rather than falls, with the nearest survey; and that in the
domestic circle he is exactly what a wife, a child, a brother, and a
friend would most desire. In that magical circle, admiration of
his talents is forgotten in the indulgence of those affections and
sensibilities which are awakened only to be gratified.
* * * * *
From his "Miscellanies."
=_90._= DIGNITY OF AMERICAN JURISPRUDENCE.
The most delicate, and at the same time the proudest attribute of
American jurisprudence, is the right of its judicial tribunals to decide
questions of constitutional law. In other governments these questions
cannot be entertained or decided by courts of justice; and, therefore,
whatever may be the theory of the constitution, the legislative
authority is practically omnipotent, and there is no means of contesting
the legality or justice of a law, but by an appeal to arms. This can be
done only when oppression weighs heavily and grievously on the whole
people, and is then resisted by all because it is felt by all. But the
oppression that strikes at a humble individual, though it robs him of
character, or fortune, or life, is remediless; and, if it becomes the
subject of judicial enquiry, judges may lament, but cannot resist, the
mandates of the legislature. Far different is the case in our country;
and the privilege of bringing every law to the test of the constitution
belongs to the humblest citizen, who owes no obedience to any
legislative act which transcends the constitutional limits.
Public-domain text, read in full here on John Shaqi.
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