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
Turning back to the case itself, we ought finally to note how Marshall
utilized this opportunity to make manifest the newly found solidarity of
the Court. For the first time in its history the Court was one voice,
speaking through its Chief Justice the ineluctable decrees of the law.
Ordinarily even Marshall would not have found this achievement an easy
task, for there were difficult personalities among his associates. He
had in Adams's Cabinet demonstrated his faculty "of putting his ideas
into the minds of others, unconsciously to them," and of this power he
now made use, as well as of the advantage to be obtained from the
impending common danger.
The case of Marbury vs. Madison was decided on February 24, 1803, and
therefore fell between two other events which were immediately of almost
as great importance in the struggle now waxing over the judiciary. The
first of these was the impeachment of Judge Pickering of the New
Hampshire District Court, which was suggested by the President on the 3d
of February and voted by the House on the 18th of February; the other
was an address which Justice Chase delivered on the 2d of May to a
Baltimore grand jury, assailing the repeal of the Judiciary Act and
universal suffrage and predicting the deterioration of "our republican
Constitution ... into a mobocracy, the worst of all possible
governments." ¹ Considering the fact that the President was still
smarting from the Chief Justice's lash and also that Chase himself was
more heartily detested by the Republicans than any other member of the
Supreme Bench, nothing could have been more untimely than this fresh
judicial excursion into the field of "manners and morals," and partisan
malice was naturally alert to interpret it as something even more
offensive. The report soon came from Baltimore that Chase had
deliberately assailed the Administration as "weak, pusillanimous,
relaxed," and governed by the sole desire of continuing "in unfairly
acquired power." But even before this intelligence arrived, Jefferson
had decided that the opportunity afforded by Chase's outburst was too
good a one to be neglected. Writing on the 13th of May to Nicholson of
Maryland, who already had Pickering's impeachment in charge, the
President inquired: "Ought this seditious and official attack on the
principles of our Constitution and the proceedings of a State go
unpunished?" But he straightway added: "The question is for your
consideration; for myself it is better I should not interfere."
¹ The account here given of Chase's trial is based on Charles Evans's
shorthand Report (Baltimore, 1805), supplemented by J. Q. Adams's
Memoirs.
Public-domain text, read in full here on John Shaqi.
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