John Marshall And the Constitution; a Chronicle of the Supreme Court
John Marshall And the Constitution; a Chronicle of the Supreme Court
Corwin Edward Samuel
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" Story's own bias, which was supportedby his prodigious industry, was just the reverse. The two men thussupplemented each other admirably. A tradition of some venerabilityrepresents Story as having said that Marshall was wont to remark: "NowStory, that is the law; you find the precedents for it. " Whether true ornot, the tale at least illustrates the truth. Marshall owed to counsel asomewhat similar debt in the way of leading up to his decisions, for, asStory points out, "he was solicitous to ...hear arguments and not to decidecases without them, nor did any judge ever profit more by them. " Butin the field of Constitutional Law, at least, Marshall used counsel'sargument not so much to indicate what his own judicial goal ought tobe as to discover the best route thereto--often, indeed, through thewelcome stimulus which a clash of views gave to his reasoning powers. * This was in the case of Ogden vs. Saunders, 12 Wheaton, 213(1827). Though the wealth of available legal talent at this period wasimpressively illustrated in connection both with Chase's impeachment andwith Burr's trial, yet on neither of these occasions appeared WilliamPinkney of Maryland, the attorney to whom Marshall acknowledged hisgreatest indebtedness, and who was universally acknowledged to be theleader of the American Bar from 1810 until his death twelve years later.
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