Homes of American Statesmen; With Anecdotical, Personal, and Descriptive SketchesVarious
History
Homes of American Statesmen; With Anecdotical, Personal, and Descriptive Sketches
Various
Historic buildings -- United States; Statesmen -- United States; United States -- Biography
constitution, by a vigor and dexterity as eminent in their kind as they
were rare in their combination. The vessel of state was launched by the
patriotism of many: the chart of her course was designed chiefly by
Hamilton: but when the voyage was begun, the eye that observed, and the
head that reckoned, and the hand that compelled the ship to keep her
course amid tempests without, and threats of mutiny within, were those
of the great Chief Justice. Posterity will give him reverence as one of
the founders of the nation; and of that group of statesmen who may one
day perhaps be regarded as above the nature, as they certainly were
beyond the dimensions of men, no figure, save ONE alone, will rise upon
the eye in grandeur more towering than that of John Marshall.
The authority of the Supreme Court, however, is not confined to cases of
constitutional law; it embraces the whole range of judicial action, as
it is distributed in England, into legal, equitable, and maritime
jurisdictions. The equity system of this court was too little developed
to enable us to say what Marshall would have been as a chancellor. It is
difficult to admit that he would have been inferior to Lord Eldon: it is
impossible to conceive that he could at all have resembled Lord Eldon.
But undoubtedly the native region and proper interest of a mind so
analytical and so sound, so piercing and so practical, was the common
law; that vigorous system of manly reason and essential right, that
splendid scheme of morality expanded by logic and informed by prudence.
Perhaps the highest range of English intelligence is illustrated in the
law; yet where, in the whole line of that august succession, will be
found a character which fills the measure of judicial greatness so
completely as Chief Justice Marshall? Where, in English history, is the
judge, whose mind was at once so enlarged and so systematic, who so
thoroughly had reduced professional science to general reason, in whose
disciplined intellect technical learning had so completely passed into
native sense? Vast as the reach of the law is, it is not an exaggeration
to say that Marshall's understanding was greater, and embraced the forms
of legal sagacity within it, as a part of its own spontaneous wisdom. He
discriminated with instinctive accuracy between those technicalities
which have sprung from the narrowness of inferior minds, and those which
are set by the law for the defence of some vital element of justice or
reason. The former he brushed away like cobwebs, while he yielded to the
latter with a respect which sometimes seemed to those "whose eyes were"
not "opened," a species of superstition. In his judicial office the
method of Marshall appeared to be, first to bow his understanding
reverently to the law, and calmly and patiently to receive its
instructions as those of an oracle of which he was the minister; then to
prove these dictates by the most searching processes of reason, and to
Public-domain text, read in full here on John Shaqi.
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