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
Marshall owed to counsel a
somewhat similar debt in the way of leading up to his decisions, for, as
Story points out, "he was solicitous to hear arguments and not to decide
cases without them, nor did any judge ever profit more by them." But in
the field of Constitutional Law, at least, Marshall used counsel's
argument not so much to indicate what his own judicial goal ought to be
as to discover the best route thereto--often, indeed, through the
welcome stimulus which a clash of views gave to his reasoning powers.
¹ This was in the case of Ogden vs. Saunders, 12 Wheaton, 213 (1827).
Though the wealth of available legal talent at this period was
impressively illustrated in connection both with Chase's impeachment and
with Burr's trial, yet on neither of these occasions appeared William
Pinkney of Maryland, the attorney to whom Marshall acknowledged his
greatest indebtedness, and who was universally acknowledged to be the
leader of the American Bar from 1810 until his death twelve years later.
Besides being a great lawyer, Pinkney was also a notable personality, as
George Ticknor's sketch of him as he appeared before the Supreme Court
in 1815 goes to prove:
You must imagine, if you can, a man formed on nature's most liberal
scale, who at the age of 50 is possessed with the ambition of being a
pretty fellow, wears corsets to diminish his bulk, uses cosmetics, as he
told Mrs. Gore, to smooth and soften a skin growing somewhat wrinkled
and rigid with age, dresses in a style which would be thought foppish in
a much younger man. You must imagine such a man standing before the
gravest tribunal in the land, and engaged in causes of the deepest
moment; but still apparently thinking how he can declaim like a
practised rhetorician in the London Cockpit, which he used to frequent.
Yet you must, at the same time, imagine his declamation to be chaste and
precise in its language and cogent, logical and learned in its argument,
free from the artifice and affectation of his manner, and in short,
opposite to what you might fairly have expected from his first
appearance and tones. And when you have compounded these inconsistencies
in your imagination, and united qualities which on common occasions
nature seems to hold asunder, you will, perhaps, begin to form some idea
of what Mr. Pinkney is.
Such was the man whom Marshall, Story, and Taney all considered the
greatest lawyer who had ever appeared before the Supreme Court.
Public-domain text, read in full here on John Shaqi.
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