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
Pope was the lad's especial textbook, and we are told that he had
transcribed the whole of the Essay on Man by the time he was twelve and
some of the Moral Essays as well, besides having "committed to memory
many of the most interesting passages of that distinguished poet." The
result is to be partially discerned many years later in certain tricks
of Marshall's style; but indeed the influence of the great moralist must
have penetrated far deeper. The Essay on Man filled, we may surmise,
much the same place in the education of the first generation of American
judges that Herbert Spencer's Social Statics filled in that of the
judges of a later day. The Essay on Man pictures the universe as a
species of constitutional monarchy governed "not by partial but by
general laws"; in "man's imperial race" this beneficent sway expresses
itself in two principles, "self-love to urge, and reason to restrain";
instructed by reason, self-love lies at the basis of all human
institutions, the state, government, laws, and has "found the private in
the public good"; so, on the whole, justice is the inevitable law of
life. "Whatever is, is right." It is interesting to suppose that while
Marshall was committing to memory the complacent lines of the Essay on
Man, his cousin Jefferson may have been deep in the Essay on the Origin
of Inequality.
At the age of fourteen Marshall was placed for a few months under the
tuition of a clergyman named Campbell, who taught him the rudiments of
Latin and introduced him to Livy, Cicero, and Horace. A little later the
great debate over American rights burst forth and became with Marshall,
as with so many promising lads of the time, the decisive factor in
determining his intellectual bent, and he now began reading Blackstone.
The great British orators, however, whose eloquence had so much to do,
for instance, with shaping Webster's genius, came too late to influence
him greatly.
Public-domain text, read in full here on John Shaqi.
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