Page:The Supreme Court in United States History vol 1.djvu/540

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508
THE SUPREME COURT

a journey from Salem to hear it; his elocution was excessively vehement, but his eloquence was overwhelming. His language, his style, his figures, his arguments were most brilliant and sparkling. He spoke like a great statesman and patriot, and a sound constitutional lawyer. All the cobwebs of sophistry and metaphysics about State rights and State sovereignty he brushed away with a mighty besom. We have had a crowded audience of ladies and gentlemen; the hall was full almost to suffocation." [1] The importance of the questions at issue was fully realized at the time, as shown by the account given in the National Intelligencer, which said that: "The argument has involved some of the most important principles of constitutional law which have been discussed with an equal degree of learning and eloquence and have constantly attracted the attention of a numerous and intelligent auditory, by whom the final decision of this most important question from the^ Supreme Tribunal of the country is anxiously expected. " And NUes Register also said: "The discussion has been very able and eloquent, it involves some of the most important principles of constitutional law and the decision is anxiously expected." [2]

Though the Court was then composed of only two

  1. Story, I, letter of March 8, 1819; National Intelligencer, Feb. 85, 1819.
  2. Of Pinkney's argument, a correspondent of the Baltimore Pairiai wrote: "I had anticipated much from this distinguished man, but he far surpassed my utmoot expectations. His speech, or rather his series of speeches, were the finest specimens of Bar oratory I have heard since I have been in the United States. The memory, the fancy and the judgment were combined to pour on this important question a flood of light. ... He has spoken eon amore of the constitutioiud government of the republican empire, and its high attributes. He has convinced his hearers that it cannot be practically enforced so as to secure the permanent glory, safety and felicity of this great country but by a fair and liberal interpretation of its powers, that these powers could not be expressed in the Constitntiaaal charter; many of them must be taken by mplication; and that the sovereign powers of the Union are supreme." Quoted in KerUueky OautU, March M, 1819, and KnoxoUie R^ffister, March SO, 1819. See also National InUXtigenetr, Feb. 85. 1819; Nilea RegiHer, Feb. 27. 1819.