Page:The Green Bag (1889–1914), Volume 13.pdf/85

the nature and methods, as well as the mag of his intellect, the perfection of his magis tracy. For thirty-four years he upheld the nitude of the work he did. Never dealing perfect type of the perfect judge, with ever in abstract theories, . . . nor failing clearly increasing reputation and veneration and to discern and steadfastly to insist upon the strict limits of the judicial power, he never confidence. For thirty-four years he in spired the reverence not only of members neglected an opportunity for developing and of the bar, but of his associates on the bench, presenting in all its aspects the great and who, like Mr. Justice Story, held his friend novel political conception embodied in the ship dearer even than their admiration for Constitution, — a political conception at his genius. For thirty-four years he domi once profoundly simple and singularly com nated with a benign, yet irresistible force of plex; one people and many States, the gov ernment of each supreme in its own sphere; intellect the deliberations of the august tri the strength and safety of each, and the pros bunal over which he presided. In a pecu liar and paramount manner for thirty-four perity of all, dependent upon and assured by years he was the Supreme Court of the the absolute supremacy of the fundamental United States. His opinions are contained law. . . . Thus, in fulfilling the highest in the thirty volumes of reports from i duties of the judge, he exercised the noblest Cranch to 9 Peters, inclusive. In these functions of the statesman.' In doing this, volumes there are eleven hundred and six he sought neither to enlarge nor restrict the cases in which the opinions of the Court meaning, but to ascertain and enforce the were filed, and of these opinions the Chief true intent of the Constitution and the law, Justice wrote five hundred and nineteen, and to the sole end that its purposes might be he delivered in addition eight dissenting fulfilled.1' If it is necessary to mention briefly some opinions, the most important of which was Ogden v. Saunders, 12 Wheat, 213; and his small part of Marshall's great work as a judgment in Rose v. Himely, 4 Cranch, 241, judge, a cursory reference to the great prin was overruled by Hudson г: Guestier, 6 ciples of constitutional law which he pro pounded and established is all that can be Cranch, 281. Prior to the accession of Mar shall to the Supreme Court there had been done, here. As Jay had first declared in Chisholm v. but six decisions upon questions of Consti tutional law. During his magistracy there Georgia, 2 Dal. 14, the supremacy of the were sixty-two such decisions, in thirty-six Constitution of the United States, so Mar of which he wrote the opinions of the Court. shall in Marbury v. Madison, i Cranch, 137, As is said by that accomplished gentleman declared an act of Congress void which was and lawyer, Mr. Henry Hitchcock: "These inconsistent with that Constitution, and in details illustrate the relations which- the United States i1. Peters, 5 Cranch, 115, and Chief Justice bore to his associates. It is not Fletcher v. Peck, 6 Cranch, 87, he likewise decreed laws of Pennsylvania and Georgia, strange, in view of his acknowledged intel lectual supremacy, the exalted reputation respectively, null and void for the same which he had acquired in varied and highly reason. In Cohens r. Virginia, 6 Wheat, important public service at home and 264, the Chief Justice held an act of Vir abroad, and his singularly winning personal ginia unconstitutional, which was incompati traits, that the history of his labors during ble with a constitutional act of Congress. that period should be in so great part the By the decisions in McCulloch v. Maryland, history of the Supreme Court itself. ... In 4 Wheat. 316, Osborn i>. Bank of United this his opportunity was not less exceptional States, 9 Wheat. 738, Weston v. Charleston, than his great powers and his unprecedented 2 Peters 449, it was established that the task. That he felt it to be so is shown by States have no power, by taxation or other-