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 argument ended [runs the tale], Mr. Webster stood for some moments
silent before the Court, while every eye was fixed intently upon him. At
length, addressing the Chief Justice, he proceeded thus: "This, sir, is
my case. It is the case ... of every college in our land.... Sir, you
may destroy this little institution.... You may put it out. But if you
do so, you must carry through your work! You must extinguish, one after
another, all those greater lights of science, which, for more than a
century have thrown their radiance over our land. It is, Sir, as I have
said, a small college. And yet there are those who love it--"
Here, the feelings which he had thus far succeeded in keeping down,
broke forth, his lips quivered; his firm cheeks trembled with emotion,
his eyes filled with tears.... The court-room during these two or three
minutes presented an extraordinary spectacle. Chief Justice Marshall,
with his tall and gaunt figure bent over, as if to catch the slightest
whisper, the deep furrows of his cheek expanded with emotion, and his
eyes suffused with tears; Mr. Justice Washington at his side, with small
and emaciated frame, and countenance more like marble than I ever saw on
any other human being.... There was not one among the strong-minded men
of that assembly who could think it unmanly to weep, when he saw
standing before him the man who had made such an argument, melted into
the tenderness of a child.
Mr. Webster had now recovered his composure, and, fixing his keen eyes
on Chief Justice Marshall, said in that deep tone with which he
sometimes thrilled the heart of an audience: "Sir, I know not how others
may feel ... but for myself, when I see my Alma Mater surrounded, like
Cæsar in the Senate house, by those who are reiterating stab after stab,
I would not, for my right hand, have her turn to me and say, Et tu
quoque mi fili! And thou, too, my son!"
Whether this extraordinary scene, first described thirty-four years
afterward by a putative witness of it, ever really occurred or not, it
is today impossible to say. ¹ But at least it would be an error to
attribute to it great importance. From the same source we have it that
at Exeter, too, Webster had made the judges weep--yet they had gone out
and decided against him. Judges do not always decide the way they weep!
¹ Professor Goodrich of Yale, who is responsible for the story,
communicated it to Rufus Choate in 1853. It next appears on Goodrich's
authority in Curtis's Webster, vol. II, pp. 169-71.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account