John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
In Craig vs. Missouri (1830) ¹ the Court was confronted with a case in
which a State had sought to evade the prohibition of the Constitution
against the emission of bills of credit by establishing loan offices
with authority to issue loan certificates intended to circulate
generally in dimensions of fifty cents to ten dollars and to be
receivable for taxes. A plainer violation of the Constitution would be
difficult to imagine. Yet Marshall's decision setting aside the act was
followed by a renewed effort to procure the repeal of Section XXV of the
Judiciary Act. The discussion of the proposal threw into interesting
contrast two points of view. The opponents of this section insisted upon
regarding constitutional cases as controversies between the United
States and the States in their corporate capacities; its advocates, on
the other hand, treated the section as an indispensable safeguard of
private rights. In the end, the latter point of view prevailed: the bill
to repeal, which had come up in the House, was rejected by a vote of 138
to 51, and of the latter number all but six came from Southern States,
and more than half of them from natives of Virginia.
¹ 4 Peters, 410.
Meantime the Supreme Court had become involved in controversy with
Georgia on account of a series of acts which that State had passed
extending its jurisdiction over the Cherokee Indians in violation of the
national treaties with this tribe. In Corn Tassel's case, the appellant
from the Georgia court to the United States Supreme Court was hanged in
defiance of a writ of error from the Court. In Cherokee Nation vs.
Georgia, the Court itself held that it had no jurisdiction. Finally, in
1832, in Worcester vs. Georgia, ¹ the Court was confronted squarely with
the question of the validity of the Georgia acts. The State put in no
appearance, the acts were pronounced void, and the decision went
unenforced. When Jackson was asked what effort the Executive Department
would make to back up the Court's mandate, he is reported to have said:
"John Marshall has made his decision; now let him enforce it."
¹ 6 Peters, 515.
Marshall began to see the Constitution and the Union crumbling before
him. "I yield slowly and reluctantly to the conviction," he wrote Story,
late in 1832, "that our Constitution cannot last.... Our opinions [in
the South] are incompatible with a united government even among
ourselves. The Union has been prolonged this far by miracles." A
personal consideration sharpened his apprehension. He saw old age at
hand and was determined "not to hazard the disgrace of continuing in
office a mere inefficient pageant," but at the same time he desired some
guarantee of the character of the person who was to succeed him. At
first he thought of remaining until after the election of 1832; but
Jackson's reëlection made him relinquish altogether the idea of
resignation.
Public-domain text, read in full here on John Shaqi.
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