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
Of the strictly legal part of his argument Webster himself has left us a
synopsis. Fully three-quarters of it dealt with the questions which had
been discussed by Mason before the State Supreme Court under the New
Hampshire Constitution and was largely irrelevant to the great point at
issue at Washington. Joseph Hopkinson, who was now associated with
Webster, contributed far more to the content of Marshall's opinion; yet
he, too, left one important question entirely to the Chief Justice's
ingenuity, as will be indicated shortly. Fortunately for the College its
opponents were ill prepared to take advantage of the vulnerable points
of its defense. For some unknown reason, Bartlett and Sullivan, who had
carried the day at Exeter, had now given place to William Wirt and John
Holmes. Of these the former had just been made Attorney-General of the
United States and had no time to give to the case--indeed he admitted
that "he had hardly thought of it till it was called on." As for Holmes,
he was a "kaleidoscopic politician" and barroom wit, best known to
contemporaries as "the noisy eulogist and reputed protégé of Jefferson."
A remarkable strategy that, which stood such a person up before John
Marshall to plead the right of state Legislatures to dictate the
fortunes of liberal institutions!
The arguments were concluded on Thursday, the 12th of March. The next
morning the Chief Justice announced that the Court had conferred, that
there were different opinions, that some of the judges had not arrived
at a conclusion, and that consequently the cause must be continued.
Webster, however, who was apt to be much in "the know" of such matters,
ventured to place the different judges thus: "The Chief and Washington,"
he wrote his former colleague Smith, "I have no doubt, are with us.
Duvall and Todd perhaps against us; the other three holding up--I cannot
much doubt but that Story will be with us in the end, and I think we
have much more than an even chance for one of the others."
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