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
His private life was worthy of the exalted character he sustained in
public station. The unaffected simplicity of his manners; the spotless
purity of his morals; his social, gentle, cheerful disposition; his
habitual self-denial, and boundless generosity towards others; the
strength and constancy of his attachments; his kindness to his friends
and neighbours; his exemplary conduct in the relations of son, brother,
husband, father; his numerous charities; his benevolence towards all
men, and his ever active beneficence; these amiable qualities shone so
conspicuously in him, throughout his life, that, highly as he was
respected, he had the rare happiness to be yet more beloved.
There is no more engaging figure in American history, none more entirely
free from disfiguring idiosyncrasy, than the son of Thomas Marshall.
CHAPTER IX
Epilogue
In the brief period of twenty-seven months following the death of
Marshall the Supreme Court received a new Chief Justice and five new
Associate Justices. The effect of this change in personnel upon the
doctrine of the Court soon became manifest. In the eleventh volume of
Peters's Reports, the first issued while Roger B. Taney was Chief
Justice, are three decisions of constitutional cases sustaining state
laws which on earlier argument Marshall had assessed as
unconstitutional. The first of these decisions gave what was designated
"the complete, unqualified, and exclusive" power of the State to
regulate its "internal police" the right of way over the "commerce
clause" ¹; the second practically nullified the constitutional
prohibition against "bills of credit" in deference to the same high
prerogative ²; the third curtailed the operation of the "obligation of
contracts" clause as a protection of public grants. ³ Story, voicing "an
earnest desire to vindicate his [Marshall's] memory from the imputation
of rashness," filed passionate and unavailing dissents. With difficulty
he was dissuaded from resigning from a tribunal whose days of influence
he thought gone by. 4 During the same year Justice Henry Baldwin,
another of Marshall's friends and associates, published his View of the
Constitution, in which he rendered high praise to the departed Chief
Justice's qualifications as expounder of the Constitution. "No
commentator," he wrote, "ever followed the text more faithfully, or ever
made a commentary more accordant with its strict intention and
language.... He never brought into action the powers of his mighty mind
to find some meaning in plain words ... above the comprehension of
ordinary minds.... He knew the framers of the Constitution, who were his
compatriots," he was himself the historian of its framing, wherefore, as
its expositor, "he knew its objects, its intentions." Yet in the face of
these admissions, Baldwin rejects Marshall's theory of the origin of the
Constitution and the corollary doctrine of liberal construction. "The
history and spirit of the times," he wrote, "admonish us that new
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