John Marshall.
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and disproved the judgment of mankind that Posterity will surely confirm by its deliber a Federal Commonwealth is weak and un ate award what the present age has approved stable. They have shown that, in the hands as an act of undisputed justice.1' of an intelligent people, such a political sys Of the six decisions involving questions of tem may exist in a perfect form for centuries; constitutional law from the organization of that it may extend over a vast area, peopled the Court in 1/90 to Marshall's appointment by different races, and may realize, under in 1801, only two were of grave importance. such conditions, its high ideal of combining From 18oi to 1835, covering the period Mar the energy, patriotism and freedom of a small shall was Chief Justice, sixty-two decisions republic with the unity, security and power on constitutional questions were given, in of a great empire. Speaking of Marshall's thirty-six of which the opinion of the Couit decisions in an address before the American was written by him. Although this was Bar Association, Edward J. Phelps declared: his most important work, it comprises only a fraction of his judicial labors. In the thirty "They passed by universal consent, and with out any further criticism, into the funda volumes of reports extending, from the first mental law of the land, axioms of the law, of Cranch to and including the ninth of Pe no more to be disputed. They have remained ters, there are eleven hundred and six cases unchanged, unquestioned, unchallenged. in which opinions were filed, and five hun They will stand as long as the Constitution dred and nineteen of these were delivered stands. And if that should perish they will by Marshall. These opinions cover ques remain, to display to the world the principles tions on nearly every important branch of upon which it rose, and by the disregard of jurisprudence. The case of Ogden r. Saunders was the only case raising a constitu which it fell." Our national government was moulded tional question where the majority of the and shaped by the master hand of John Mar Court differed from the Chief Justice. shall. . . . For thirty-four years Marshall's In the department of constitutional law the decisions vindicated. the necessity and value field was new. There were few precedents, of the Constitution. They incorporated the because the construction and declaration of national idea into the fundamental law; and the supreme law by a Court, under a written they have been a most potent factor in the Constitution, was unknown. Marshall's only development and promotion of the intense light was the inward light of reason. He national spirit which now pervades the coun had "no guides but the primal principles of truth and justice." He does not cite a single try. . . . When we speak of the Supreme Court de decision on the great constitutional ques cisions on constitutional questions as those tions determined in Marbury v. Madison, of Marshall we are doing no injustice to the Cohens v. Virginia, Sturges v. Crowninshield, other members of the Court. His master McCulloch 7'. Maryland and Dartmouth Col mind directed and governed that tribunal on lege v. Woodward.1 this subject. This was the verdict of his contemporaries. In dedicating his "Com After the great Chief Justice took his seat mentaries on the Constitution" to Marshall on the Supreme Bench that tribunal ceased Judge Story wrote: "Other Judges have at to speak in timid, doubtful or hesitating tained an elevated reputation by similar la tones upon any of the great questions relat bors in a single department of jurisprudence, ing to the powers of the general govern but in one department fit need scarcely be ment which were discussed at the bar in said that I allude to that of constitutional quick succession during the early years of law) the common consent of your country the last century after the anti-Federalists had men has admitted you stand without a rival. 1 Judge Colt.
