History of the United States of America, Volume 9 (of 9) : $b During the second administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 9 (of 9) : $b During the second administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Marshall had few occasions to decide Constitutional points during the
Administrations of Jefferson and Madison, but the opinions he gave
were emphatic. When Pennsylvania in 1809 resisted, in the case of
Gideon Olmstead, a process of the Supreme Court, the chief-justice,
without unnecessary words, declared that “if the legislatures of the
several States may at will annul the judgments of the courts of the
United States, and destroy the rights acquired under those judgments,
the Constitution itself becomes a solemn mockery, and the nation is
deprived of the means of enforcing its laws by the instrumentality
of its own tribunals.” Pennsylvania yielded; and Marshall, in the
following year, carried a step further the authority of his court. He
overthrew the favorite dogma of John Randolph and the party of States
rights, so long and vehemently maintained in the Yazoo dispute.
The Yazoo claims came before the court in the case of Fletcher against
Peck, argued first in 1809 by Luther Martin, J. Q. Adams, and Robert
G. Harper; and again in 1810 by Martin, Harper, and Joseph Story.
March 16, 1810, the chief-justice delivered the opinion. Declining,
as “indecent in the extreme,” to enter into an inquiry as to the
corruption of “the sovereign power of a State,” he dealt with the issue
whether a legislature could annul rights vested in an individual by a
law in its nature a contract.
“It may well be doubted,” he argued, “whether the nature of
society and government does not prescribe some limits to the
legislative power; and if any are to be prescribed, where are
they to be found if the property of an individual, fairly and
honestly acquired, may be seized without compensation? To the
legislature all legislative power is granted; but the question
whether the act of transferring the property of an individual to
the public be in the nature of the legislative power, is well
worthy of serious reflection. It is the peculiar province of
the legislature to prescribe general rules for the government
of society: the application of those rules to individuals in
society would seem to be the duty of other departments. How
far the power of giving the law may involve every other power,
in cases where the Constitution is silent, never has been and
perhaps never can be definitely stated.”
In the case under consideration, Marshall held that the Constitution
was not silent. The provision that no State could pass any law
impairing the obligation of contracts, as well as “the general
principles which are common to our free institutions,” restrained the
State of Georgia from passing a law whereby the previous contract
could be rendered void. His decision settled, as far as concerned the
Judiciary, a point regarded as vital by the States-rights school.
Four years afterward Congress gave the required compensation for the
contract broken by Georgia.
Public-domain text, read in full here on John Shaqi.
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