John Marshall and the Constitution

il

"bills of credit" in deference to the same high prerogative 2; the third curtailed the operation of the "obligation of contracts" clause as a protection of public grants. 3 Story, voicing "an earnest desire to vindicate his [Marshall's] memory from the imputation of rashness," filed passionate and unavailing dissents. With difficulty he was dissuaded from resigning from a tribunal whose days of influence he thought gone by. 4 During the same year Justice Henry Baldwin, another of Marshall's friends and associates, published his View of the Constitution, in which he rendered high praise to the departed Chief Justice's qualifications as expounder of the Constitution. "No commentator," he wrote, "ever followed the text more faithfully, or ever

New York, 1

ank of Kentucky

ompany vs. Warren Bridge

or of Congress will be declared unconstitutional; for the old constitutional doctrines are fast fading away." Life and

point of view, Taney was not at all disposed to disturb the law as it had been declared by his predecessor in binding decisions. Then, too, the development of railroading and the beginning of immigration from Europe on a large scale reawakened the interest of a great part of the nation in kee

Board of Warden

from the Union. Buchanan's message of the same month performed the twofold service of refuting secession on State Rights principles and of demonstrating, albeit unwittingly, how impossible it was practically to combat the movement o

ican People, and entitled to "execute on every foot of American soil the powers and functions that belong to it." 1 These powers and functions are, moreover, today undergoing constant enlargement. No one now doubts that in any clash between national and state

in ex parte Siebol

nant rule in this field of Constitutional Law is the "rule of reason." In the last analysis, there are few private rights which are not subordinate to the general welfare; but, on the other hand, legislation which affects private rights must have a reasonable tendency to promote the general welfare and must not

clause in M'Culloch vs. Maryland, which is frequently offered nowadays as stating the authoritative definition of "a fair legislative discretion" in relation to private rights

y. The Nation and the States were regarded as competitive forces, and a condition of tension between them was thought to be not only normal but desirable. The modern point of view is very different. Local differences have to a great extent disappeared, and that general interest which is the same for all the States is an ever deepening one. The idea of the competition of the States with the Nation is yielding to that of their co?peration in public service. And it is much the same with the relation

gnificance; he made his Court one of the great political forces of the country; he founded American Constitutional Law; he formulated, more tellingly than any one else and for a people whose thought was permeated with legalism, the principles on which the

GRAPHI

large canvas and with notable skill. His work is history as well as biography. His ample plan enables him to quote liberally from Marshall's writings and from all the really valuable first-hand sources. Both text

reme Court (1882). Two excellent brief sketches are J. B. Thayer's John Marshall (1901) in the Riverside Biographical Series, and W. D. Lewis's essay in the second volume of The Great American Lawyers, 8 vols. (Philadelphia, 1907), of which he is also the edit

ief Justice's life and judicial services delivered by distinguished judges and lawyers on that occasion were later collected by John F. Dillon and published in John Marshall, Life, Ch

und a copy of Marshall's will, of the autobiography which he prepared in 1818 for Delaplaine's Repository but which was never published there, and of his eulogy of his wife. The two principal sources of Marshall's anecdotes are the Southern Literary Messenger, volume II, p. 181 ff., and Henry Howe's Historical Collections of Virginia (Charleston, 1845). Approaching the value of sources are Joseph Story's Discourse

y historical reference; the second edition is the best. For other contemporary evaluations of Marshall's decisions, often hostile, see early volumes of the North American Review and Niles's Register; also the volumes of the famous John Taylor of Caroline. A brief general account of later date of the decisions is to be found in the Constitutional History of the United States as Seen in the Development of American Law (New York, 1889), a course of lectures before the Political Science Association of

able are John P. Kennedy's Memoirs of the Life of William Wirt, 2 vols. (Philadelphia, 1860); William Wetmore Story's Life and Letters of Joseph Story, 2 vols. (Boston, 1851); and William Kent's Memoirs and Letters of James Kent (Boston, 1898). Everett P. Wheeler's Daniel Webster the Expounder of the Constitution (1905) is instructive, but claims far too much for Webster's influence upon Marshall's views. New England has never yet quite forgiven Virginia for having had the temerity to tak

But a reference should be made here to a brief but pertinent and excellently phrased comment on the great

N

22-23; appoints Marshall Chief Justi

; record of Giles's view on impeachment

, Alexa

n laws, 47; see a

shall marries, 30

f Confeder

the Constitution, prai

shall and, 214-215; see a

e Club,

Joel,

s. Balti

in Dartmouth Coll

nt of the Debates of Con

Life of John Marshal

anecdote of Barbe

e John, of Vi

and Burr, 87, 89, 105

set's Isla

ness at Burr's trial

amin, defen

P., cited, 144 (no

John, of Ken

Bank of Ke

resident of Dartm

ryland, 142-

mes, and sec

e-President, 76; favors to, 82-83;

s. Bull,

, and state so

, tried for sedi

yman, teaches J

wyer at Rich

ompany vs. Warren Brid

yland, 19, 57, 71-72, 150; im

tion vs. Ge

vs. Geo

i, Burr g

War,

y, Marshal

tt, Governor o

s. Virgi

of congressional control of

-13; impeachments, 71-83; control

excluding Fulton-Li

Court to, 7-13; principles from Ma

onvention and st

sanctity of

he Board of

s, tried for

, Cherokee

Missouri

Road Bill v

illiam, of Massach

s., wife of

e vs. Woodward,

l of judges, 6; Jefferson writes to, 23

tice Marshall and Virg

el, 219; and Dartmou

witness at Burr'

., Debate

n, 5; author of Judiciary Act (1789), 1

, lawyer of

, Richmo

t of June 15

s, Report, ci

5, 13, 15, 1

Peck, 151-1

ried for treas

Rebell

t, steamboat

, Albert

151-154; controversy wit

Elbri

on, 130, 135-142

f Virginia, 62,

, Professor of

Biddle,

ge, at Burr'

36, 45, 50, 86, 121, 122;

ester, quot

Act, 79; U. S. District

el (or Haze

fies agains

inia Convention, 37, 38

nd Dartmouth Co

ce O. W., on

ase, 80; in Bank case, 128; a

Martin, 1

Chase, 73-83; of Pennsylvania

uth College, 155, 1

e James, of Nor

sident, 191; and controversy betwe

ork, Chief Justice,

l, 46, 50, 55, 94-95, 96, 97-98, 108, 120; inauguration, 55-56; Marbury vs. Madison, 64-66; and Martin, 77, 78; and Burr, 82, 88-89, 90,

rson and His Colleagu

M., of Ken

ice William,

er, in Bank

t seq.; removal of judges, 6;

14-16, 39, 192-193; Ac

s, of New York, 137,

icial movement, 58

solutions,

, on John M

nal, Hal

R. E.

orney for

ham, and nati

Justice Broc

R., steamboat

family of N

s. Van Ingen

C., on Mar

land, 124-135, 14

, letter of Story to

national tribunals, 7; in Virginia Legislature, 34; Virginia

s. Madiso

Charl

Jay Treaty, 43-44, 48; purchases Fairfax estate, 44-45; "X.Y.Z." mission, 45-46, 49; elected to Congress, 46-48; and Jefferson, 46, 50, 55, 94-95, 96, 97-98, 108, 120; in Washington, 53-54; first constitutional case, 64-71; and trial of Burr, 93 et seq.; and nationalism, 121 et seq., 147; interpretation of Constitution, 144-145; and sanctity of contracts, 147 et seq.; and State Rights, 173 et seq.; as p

, father of John

ederal legislation, 9; defends Chase, 76-77, 8

unter's Less

riet, describe

diciary, 58; and U. S. Bank,

Georg

eremiah,

's Conspiracy

, witness at Bu

uverneur,

ert, and Ma

he Two Parsons, c

Rache

enn.), Burr

urr goes t

m, 121 et

se of the,

excluding Fulton-Liv

kinson at, 89, 9

"Steamboat c

y, Supreme C

(Del.), Ch

., at Virginia

d impeachment, 78; re

n, 194; Mars

., counsel f

. Saunde

udicial move

ited States B

and Times of Aaron B

punished for con

und, lawyer of

rd Judiciary, 58, 84; prote

at, 16; impeachment of jud

f New Hampshire, im

C, on "X.Y.Z.

lawyer of his day, 117-118; in Bank case

Governor of New H

Bank vs. Bi

, Marshall hold

und, 25; defe

; on Marshall, 52; and impeachment of Chase, 75, 78, 81-82; p

T. B

, Marshall

, Chief Ju

law at, 31; Burr's trial at, 86 et

, of Virginia,

eports, cite

British fugitive

C. A.,

tor, of Ken

, on state courts as national tri

, Burr go

vs. Matthe

e vs. McFaddon e

odore, on Mar

ct (1798),

ebellion

Marshall's home

non," pseudony

emiah, 158

on, 194; Jackson's proclama

s Conspiracy"

hts, 7, 1

se," see Gibb

Marshall, 116, 150-151 (note), 183, 194, 195, 211, 216, 219, 225; quote

rowinshield,

in Dartmouth Coll

6; pioneer work, 17-19; need of leadership, 19-20; Act of Feb. 13, 1801, 22, 60-63, 71; in Washington, 54; defended by Virginia Assembly, 119-120

amuel, 93, 9

Chief Justice,

n, of Carol

John Marshall,

Justice

e, describes P

de, opinion of Sup

stice Th

tation,

mmodore Tho

tes vs. Pe

, Burr go

ention, 8; Convention, 35-38; defends Sup

lutions, 22,

a.), Burr cap

s. Hyl

rles, cited

Bushrod, 115, 161,

and, 26-27, 34, 46; Marshall'

), 53; Capitol 54

vs. Mer

128; Gibbons vs. Ogden, 136; Dartm

Governor of New

Eleazar, of C

hn, son of Eleaz

bellion (

f Richmond, 32,

; military commandant in Louisiana Territory, 8

nd Mary C

James, of Penn

kbird Creek Mar

t Burr's trial, 91, 96-97, 102, 104-105, 110; Bank case, 12

d, W. H

vs. Georgi

George,

mission

cles of Am

Man's

worth H

nish Co

g Berdin

ethan

m Charles

ders of N

am Benne

of the

ry Jo

ers of N

es McLea

English on

Wilder

aker C

ey Geor

ial F

es McLea

uest of

e McKinn

of the R

l Lotu

and His Com

e McKinn

s of the C

ax F

n and His

ry Jon

and his

len J

ll and the

rd Samu

t for a

h Delah

of the Ol

nce Linds

ld No

eric Au

of Andre

eric Au

of Inlan

r Butler

rers of

nce Linds

nish Bo

rt Eugen

d the Me

el Wright

orty-

art Edw

ng of the

erson

tton K

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esse

incoln an

el Wright

of the C

el Wright

of the

m Charles

el of Ap

r Lynwoo

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in E.

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liss

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Mercha

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lroad B

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of Big

n Jesse

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ters of

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Nations of

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riber'

oduc

series, a premium version which includes full-page pictures. A textbook edition was also produced, which does not contain the pictures a

ese notes. The Detailed Notes Section also includes issues that have come up during transcription. One common issue is that words are sometimes split into two lines for spacing purposes in the original te

-book as compared to the paper book. For example, the footnote with Nereide appears on page 118 in the paper book, but on page 11

d Notes

lines for spacing and could be transcribed as healthg

ines for spacing and could be transcribed as elbowr

be transcribed as rendezvous. In this case, the latter option took preference

uncle to conclude the clause "the li

hopeless to conclude the clause "but h