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
From 1782 until the adoption of the Constitution, Marshall was almost
continuously a member of the Virginia Legislature. He thus became a
witness of that course of policy which throughout this period daily
rendered the state governments more and more "the hope of their enemies,
the despair of their friends." The termination of hostilities against
England had relaxed the already feeble bonds connecting the States.
Congress had powers which were only recommendatory, and its
recommendations were ignored by the local legislatures. The army, unpaid
and frequently in actual distress, was so rapidly losing its morale that
it might easily become a prey to demagogues. The treaties of the new
nation were flouted by every State in the Union. Tariff wars and
conflicting land grants embittered the relations of sister States. The
foreign trade of the country, it was asserted, "was regulated, taxed,
monopolized, and crippled at the pleasure of the maritime powers of
Europe." Burdened with debts which were the legacy of an era of
speculation, a considerable part of the population, especially of the
farmer class, was demanding measures of relief which threatened the
security of contracts. "Laws suspending the collection of debts,
insolvent laws, instalment laws, tender laws, and other expedients of a
like nature, were familiarly adopted or openly and boldly vindicated." ¹
¹ This review of conditions under the later Confederation is taken from
Story's Discourse, which is in turn based, at this point, on Marshall's
Life of Washington and certain letters of his to Story.
Public-domain text, read in full here on John Shaqi.
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