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
deliver them to others, not as decrees to be obeyed, but as logical
manifestations of moral truth. Undoubtedly he made much use of adjudged
cases; but he used them to give light and certainty to his own judgment,
and not for the vindication or support of the law. He would have deemed
it a reproach alike to his abilities and his station, if he should have
determined upon precedent what could have been demonstrated by reason,
or had referred to authority what belonged to principle. With singular
capacity, he united systematic reason with a perception of particular
equity: too scrupulous a regard for the latter led Lord Eldon, in most
instances, to adjudicate nothing but the case before him; but Marshall
remembered that while he owed to the suitors the decision of the case,
he owed to society the establishment of the principle. His mind
naturally tended, not to suggestion and speculation, but to the
determination of opinion and the closing of doubts. On the bench, he
always recollected that he was not merely a lawyer, and much less a
legal essayist; he was conscious of an official duty and an official
authority; and considered that questions might be discussed elsewhere,
but came to be settled by him. The dignity with which these duties were
discharged was not the least admirable part of the display. It was
wisdom on the seat of power, pronouncing the decrees of justice.
Political and legal sense are so distinct from one another as almost to
be irreconcilable in the same mind. The latter is a mere course of
deduction from premises; the other calls into exercise the highest order
of perceptive faculties, and that quick felicity of intuition which
flashes to its conclusions by a species of mental sympathy rather than
by any conscious process of argumentation. The one requires that the
susceptibility of the judgment should be kept exquisitely alive to every
suggestion of the practical, so as to catch and follow the insensible
reasonings of life, rather than to reason itself: the other demands the
exclusion of every thing not rigorously exact, and the concentration of
the whole consciousness of the mind in kindling implicit truth into
formal principles. The wonder, in Judge Marshall's case, was to see
these two almost inconsistent faculties, in quality so matchless, and in
development so magnificent, harmonized and united in his marvellous
intelligence. We beheld him pass from one to the other department
without confusing their nature, and without perplexing his own
understanding. When he approached a question of constitutional
jurisprudence, we saw the lawyer expand into the legislator; and in
returning to a narrower sphere, pause from the creative glow of
statesmanship, and descend from intercourse with the great conceptions
and great feelings by which nations are guided and society is advanced,
to submit his faculties with docility to the yoke of legal forms, and
with impassible calmness to thread the tangled intricacies of forensic
technicalities.
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