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
The chief-justice rendered no more leading Constitutional decisions
during Madison’s term of office; but his influence was seen in a
celebrated opinion delivered by Justice Story in 1816, in the case of
Martin against Hunter’s Lessee. There the court came in conflict with
the State of Virginia. The Court of Appeals of that State refused to
obey a mandate of the Supreme Court, alleging that the proceedings
of the Supreme Court were _coram non judice_, or beyond its
jurisdiction, being founded on section 25 of the Judiciary Act of 1789,
which was unconstitutional in extending the appellate jurisdiction of
the Supreme Court over the State courts.
The Court of Appeals was unfortunate in the moment of its resistance
to the authority of the national courts. While the case was passing
through its last stage peace was declared, and the national authority
sprang into vigor unknown before. The chief-justice would not with
his own hand humiliate the pride of the Court of Appeals, for which
as a Virginian and a lawyer he could feel only deep respect. He
devolved the unpleasant duty on young Justice Story, whose own State
of Massachusetts was then far from being an object of jealousy to
Virginia, and who, a Republican in politics, could not be prejudiced
by party feeling against the Virginia doctrine. Much of the opinion
bore the stamp of Marshall’s mind; much showed the turn of Story’s
intelligence; yet the same principle lay beneath the whole, and no
one could detect a divergence between the Federalism of the Virginia
chief-justice and the Democracy of the Massachusetts lawyer.
“It has been argued,” said the court, “that such an appellate
jurisdiction over State courts is inconsistent with the genius
of our governments and the spirit of the Constitution; that
the latter was never designed to act upon State sovereignties,
but only upon the people; and that if the power exists, it
will materially impair the sovereignty of the States and the
independence of their courts. We cannot yield to the force of
this reasoning; it assumes principles which we cannot admit,
and draws conclusions to which we do not yield our assent. It
is a mistake that the Constitution was not designed to operate
upon States in their corporate capacity. It is crowded with
provisions which restrain or annul the sovereignty of the States
in some of the highest branches of their prerogatives.... When,
therefore, the States are stripped of some of the highest
attributes of sovereignty, and the same are given to the United
States; when the legislatures of the States are in some respects
under the control of Congress, and in every case are, under the
Constitution, bound by the paramount authority of the United
States,--it is certainly difficult to support the argument
that the appellate power over the decisions of State courts is
contrary to the genius of our institutions.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account