The Southern Literary Messenger, Vol. II., No. 3, February, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 3, February, 1836
Various
American literature -- 19th century -- Periodicals
When, to all these engaging traits of character, we add that his
charitable benefactions were as large as his mind, and as
unostentatious as his life; and that in his dealings he was so
scrupulously just, as always to prefer his own loss to the possibility
of his wronging another; it can be no wonder, that despite the
unpopularity of his federo-political opinions, he was the most beloved
and esteemed of all men in Virginia.
The influence of Judge Marshall upon the decisions of the Supreme
Court, in cases requiring a determination of the limits set by the
Constitution to federal power, will be deemed salutary or pernicious,
according as the mind which contemplates it is biassed towards the one
or the other school of opinions on that subject--towards the _strict_,
or towards the _liberal_ (what its opponents term the _licentious_)
construction. Having been profoundly--perhaps exaggeratedly--impressed
with a dread of the evils attending a feeble government for the Union,
he had advocated the new Constitution originally, and maintained the
_liberal_ interpretation of it afterwards, as indispensable to the
integrity and wholesome action of our system. Opinions which he had
thus held for thirteen years, and which had become fixed more and more
deeply in his mind by his numberless able vindications of them, he
could not be expected to throw aside when he ascended the Bench. They
pervaded his decisions there; and such was the influence of his
gigantic intellect, that, although, as Chief Justice, his vote had no
more legal authority than that of any other Judge, and although most
of his associates were deemed, at their appointments, maintainers of
the _strict construction_,--the Supreme Court took its tone from him;
and in almost every instance where the controversy turned upon the
boundaries between _federal_ and _state_ authority, as fixed by the
Constitution, its determination tended to enlarge the former, and to
circumscribe the latter. Never, probably, did any judge, who had six
associates equal to himself in judicial authority, so effectually
stamp their adjudications with the impress of his own mind. This may
be read, in the generous pleasure with which the best and ablest[22]
of those associates dwells upon the {190} inestimable service done to
the country, in establishing a code of Constitutional Law so perfect,
that "His proudest epitaph may be written in a single line--Here lies
the Expounder of the Constitution of the United States." It may be
read in the glowing page, where Mr. Binney, resolving the glory of the
Court in having "explained, defended and enforced the Constitution,"
into the merits of its presiding judge, declares himself "lost in
admiration of the man, and in gratitude to Heaven for his beneficent
life." It may be read in the many volumes of Reports, where,
whensoever a question of constitutional law was to be determined, the
Public-domain text, read in full here on John Shaqi.
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