The cumulative effect of these decisions was to provoke a violent
reaction in Virginia. Under the pen-name "Algernon Sidney," Judge Roane
renewed his attacks upon the Chief Justice in violent and at times
offensive language. "The judgment before us," he declared, referring to
the case of _Cohens_ v. _Virginia_, "will not be less disastrous in its
consequences, than any of these memorable judgments [of the time of
Charles I]. It completely negatives the idea, that the American States
have a real existence, or are to be considered, in any sense, as
sovereign and independent States." It seemed to Jefferson that the
powerful arguments of Roane completely "pulverized" every word which had
been uttered by John Marshall. John Taylor of Caroline, however, was the
philosophical exponent of this reactionary movement. In his
_Construction Construed_ (1820), _Tyranny Unmasked_ (1822), and _New
Views of the Constitution_ (1823), he pointed out the manifest tendency
of the decisions of the Supreme Court and suggested the "state veto" as
the remedy against usurpation of power by the Supreme Court or by
Congress. The legislature of Virginia indorsed an amendment to the
Constitution drafted by Judge Roane which would have limited the
jurisdiction of the federal courts, where the rights of the States were
concerned, and which would have forbidden appeals from the courts of a
State to any court of the United States. Beyond such remonstrances and
protests, however, public opinion in Virginia was not prepared to go at
this time.
The judges of the Supreme Court could not remain indifferent to these
assaults. "If, indeed, the Judiciary is to be destroyed," wrote Story,
"I should be glad to have the decisive blow now struck, while I am
young, and can return to my profession and earn an honest livelihood."
But he added, "For the Judges of the Supreme Court there is but one
course to pursue. That is, to do their duty firmly and honestly,
according to their best judgments."
Public-domain text, read in full here on John Shaqi.
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