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 head and front of the Virginia court at this time was Spencer Roane,
described as "the most powerful politician in the State," an ardent
Jeffersonian, and an enemy of Marshall on his own account, for had
Ellsworth not resigned so inopportunely, late in 1800, and had Jefferson
had the appointment of his successor, Roane would have been the man. His
opinion in Hunter vs. Martin disclosed personal animus in every line and
was written with a vehemence which was more likely to discomfit a
grammarian than its designed victims; but it was withal a highly
ingenious plea. At one point Roane enjoyed an advantage which would not
be his today when so much more gets into print, for the testimony of
Madison's Journal, which was not published till 1840, is flatly against
him on the main issue. In 1814, however, the most nearly contemporaneous
evidence as to the intention of the framers of the Constitution was that
of the Federalist, which Roane stigmatizes as "a mere newspaper
publication written in the heat and fury of the battle," largely by "a
supposed favorer of a consolidated government." This description not
only overlooks the obvious effort of the authors of the Federalist to
allay the apprehensions of state jealousy but it also conveniently
ignores Madison's part in its composition. Indeed, the enfant terrible
of State Rights, the Madison of 1787-88, Roane would fain conceal behind
the Madison of ten years later; and the Virginia Resolutions of 1798
and the Report of 1799 he regards the earliest "just exposition of the
principles of the Constitution."
Public-domain text, read in full here on John Shaqi.
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