John Marshall and the Constitution, a Chronicle of the Supreme Court — John Shaqi
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
The audience are never permitted to pause for a moment. There is no
stopping to weave garlands of flowers, to hang in festoons, around a
favorite argument. On the contrary, every sentence is progressive; every
idea sheds new light on the subject; the listener is kept perpetually in
that sweetly pleasurable vibration, with which the mind of man always
receives new truths; the dawn advances in easy but unremitting pace; the
subject opens gradually on the view; until, rising in high relief, in
all its native colors and proportions, the argument is consummated by
the conviction of the delighted hearer.
What appeared to Marshall's friends as most likely in his early middle
years to stand in the way of his advancement was his addiction to ease
and to a somewhat excessive conviviality. But it is worth noting that
the charge of conviviality was never repeated after he was appointed
Chief Justice; and as to his unstudious habits, therein perhaps lay one
of the causes contributing to his achievement. Both as attorney and as
judge, he preferred the quest of broad, underlying principles, and, with
plenty of time for recuperation from each exertion, he was able to bring
to each successive task undiminished vitality and unclouded attention.
What the author of the Leviathan remarks of himself may well be repeated
of Marshall--that he made more use of his brains than of his bookshelves
and that, if he had read as much as most men, he would have been as
ignorant as they.
That Marshall was one of the leading members of his profession in
Virginia, the most recent biographical researches unmistakably prove.
"From 1790 until his election to Congress nine years later," Albert J.
Beveridge ¹ writes, "Marshall argued 113 cases decided by the court of
appeals of Virginia.... He appeared during this time in practically
every important cause heard and determined by the supreme tribunal of
the State." Practically all this litigation concerned property rights,
and much of it was exceedingly intricate. Marshall's biographer also
points out the interesting fact that "whenever there was more than one
attorney for the client who retained Marshall, the latter almost
invariably was retained to make the closing argument." He was thus able
to make good any lack of knowledge of the technical issues involved as
well as to bring his great debating powers to bear with the best
advantage.
¹ The Life of John Marshall, vol. II, p. 177.
Public-domain text, read in full here on John Shaqi.
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