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
At the table Marshall announced that at the last meeting two members had
introduced politics, a forbidden subject, and had been fined a basket of
champagne, and that this was now produced, as a warning to evil-doers;
as the club seldom drank this article, they had no champagne glasses,
and must drink it in tumblers. Those who played quoits retired after a
while for a game. Most of the members had smooth, highly polished brass
quoits. But Marshall's were large, rough, heavy, and of iron, such as
few of the members could throw well from hub to hub. Marshall himself
threw them with great success and accuracy, and often "rang the meg." On
this occasion Marshall and the Rev. Mr. Blair led the two parties of
players. Marshall played first, and rang the meg. Parson Blair did the
same, and his quoit came down plumply on top of Marshall's. There was
uproarious applause, which drew out all the others from the dinner; and
then came an animated controversy as to what should be the effect of
this exploit. They all returned to the table, had another bottle of
champagne, and listened to arguments, one from Marshall, pro se, and one
from Wickham for Parson Blair. [Marshall's] argument is a humorous
companion piece to any one of his elaborate judicial opinions. He began
by formulating the question, "Who is winner when the adversary quoits
are on the meg at the same time?" He then stated the facts, and remarked
that the question was one of the true construction and applications of
the rules of the game. The first one ringing the meg has the advantage.
No other can succeed who does not begin by displacing this first one.
The parson, he willingly allowed, deserves to rise higher and higher in
everybody's esteem; but then he mustn't do it by getting on another's
back in this fashion. That is more like leapfrog than quoits. Then,
again, the legal maxim, Cujus est solum, ejus est usque ad cœlum--his
own right as first occupant extends to the vault of heaven; no opponent
can gain any advantage by squatting on his back. He must either bring a
writ of ejectment, or drive him out vi et armis. And then, after further
argument of the same sort, he asked judgment, and sat down amidst great
applause.
Mr. Wickham then rose, and made an argument of a similar pattern. No
rule, he said, requires an impossibility. Mr. Marshall's quoit is twice
as large as any other; and yet it flies from his arm like the iron ball
at the Grecian games from the arm of Ajax. It is impossible for an
ordinary quoit to move it. With much more of the same sort, he contended
that it was a drawn game. After very animated voting, designed to keep
up the uncertainty as long as possible, it was so decided. Another trial
was had, and Marshall clearly won. ¹
¹ J. B. Thayer, John Marshall (Riverside Biographical Series, 1904), pp.
134-36, paraphrasing G. W. Munford, The Two Parsons (Richmond, 1884),
pp. 326-38.
Public-domain text, read in full here on John Shaqi.
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