the objects for which the federal government was established. In that
long judicial life, with which Providence blessed him, and blessed his
country, he was able to lay down, in a succession of cases, the
fundamental considerations which fix and govern the relative functions
of the nation and the States, so plainly, with such fullness, with such
simplicity and strength of argument, such a candid allowance for all
that was to be said upon the other side, in a tone so removed from
controversial bitterness, so natural and fit for a great man addressing
the “serene reason” of mankind, as to commend these things to the minds
of his countrymen, and firmly to fix them in the jurisprudence of the
nation; so that “when the rain descended and the floods came, and the
winds blew and beat upon that house, it fell not, because it was founded
upon a rock.” It was Marshall’s strong constitutional doctrine,
explained in detail, elaborated, powerfully argued, over and over again,
with unsurpassable earnestness and force, placed permanently in our
judicial records, holding its own during the long emergence of a feebler
political theory, and showing itself in all its majesty when war and
civil dissension came,--it was largely this that saved the country from
succumbing, in the great struggle of forty years ago, and kept our
political fabric from going to pieces.
I do not forget our own Webster, or others, in saying that to Marshall
(if we may use his own phrase about Washington), “more than to any other
individual, and as much as to one individual was possible,” do we owe
that prevalence of sound constitutional opinion and doctrine at the
North that held the Union together; to that combination in him, of a
great statesman’s sagacity, a great lawyer’s lucid exposition and
persuasive reasoning, a great man’s candor and breadth of view, and that
judicial authority on the bench, allowed naturally and as of right, to
a large, sweet nature, which all men loved and trusted, capable of
harmonizing differences and securing the largest possible amount of
coöperation among discordant associates. In a very great degree, it was
Marshall, and these things in him, that have wrought out for us a strong
and great nation, one which men can love and die for; that “mother of a
mighty race,” that stirred the soul of Bryant half a century ago, as he
dreamed how--
“The thronging years in glory rise,
And as they fleet,
Drop strength and riches at thy feet;”
the nation whose image flamed in the heart of Lowell, a generation
since, as he greeted her coming up out of the Valley of the Shadow of
Death:--
“Oh Beautiful, my country, ours once more!...
Among the nations bright beyond compare!...
What were our lives without thee?
What all our lives to save thee?
We reck not what we gave thee,
We will not dare to doubt thee,
But ask whatever else, and we will dare!”
Public-domain text, read in full here on John Shaqi.
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