Beacon Lights of History, Volume 11 eBook

John Lord
This eBook from the Gutenberg Project consists of approximately 263 pages of information about Beacon Lights of History, Volume 11.

Beacon Lights of History, Volume 11 eBook

John Lord
This eBook from the Gutenberg Project consists of approximately 263 pages of information about Beacon Lights of History, Volume 11.
of imperial power, represent opposite conceptions.  He has been compared with Lord Eldon; and it may be that in fineness of discrimination and delicate perceptions of equity he was excelled by that famous Lord Chancellor; and yet no greater contrast could be afforded than that of Eldon’s uncertainty and procrastination on the bench with Marshall’s bold and masterful readiness.  He has been compared with Lord Stowell, and it may be conceded that in clearness of perception, skill in argument, and elegance of diction, Lord Stowell has seldom if ever been surpassed.  And yet it may be said of Marshall that, in the strength and clearness of his conceptions, in the massive force and directness of his reasoning, and in the absolute independence and fearlessness with which he announced his conclusions, he presents a combination of qualities which not only does not suffer by any comparison, but which was also peculiarly his own.

Mr. Justice Miller once declared that the Supreme Court of the United States was, “so far as ordinary forms of power are concerned, by far the feeblest branch or department of the Government.  It must rely,” he added, “upon the confidence and respect of the public for its just weight and influence, and it may be confidently asserted that neither with the people, nor with the country at large, nor with the other branches of the government, has there ever been found wanting that respect and confidence.”  The circumstance that this statement of the learned justice, himself one of the brightest ornaments of the tribunal of which he spoke, has been received with general assent, affords the strongest proof that the successors of the Great Chief Justice and his associates have in no way fallen short of the measure of their trust; for, no matter how deeply the court may as an institution have been planted in the affections of the people, and no matter how important it may be to the operation of our system of government, its position and influence could not have been preserved had its members been wanting either in character, in conduct, or in attainments.

AUTHORITIES.

Chief Justice Marshall:  an address by Mr. Justice Story; Eulogy on the life and character of John Marshall, by Horace Binney; John Marshall, by Allan B. Magruder (American Statesmen Series); The Development of the Constitution as influenced by Chief Justice Marshall, by Henry Hitchcock; John Marshall, by J.B.  Thayer; The Supreme Court of the United States, by W.W.  Willoughby; John Marshall, by C.F.  Libby; Chief Justice Marshall, by John F. Dillon; Mr. Justice Bradley, Century Magazine, December, 1889; and cases in the Reports of the Supreme Court of the United States as follows:  Ware v.  Hylton, 3 Dallas, 199; Marbury v.  Madison, 1 Cranch, 137; Cohens v.  Virginia, 6 Wheaton, 264; McCulloch v.  Maryland, 4 Wheaton, 316, 421; Gibbons v.  Ogden, 9 Wheaton, 1; Schooner Exchange v.  McFaddon, 7 Cranch, 116; Foster v

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Beacon Lights of History, Volume 11 from Project Gutenberg. Public domain.