Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-01-30

Wv CAiOid't ~ foi0ttto VI I'LL uGCbSc ,
and many ofthose exquisite judgments, which
have cost days and. nights of the most elabo-
rate study, and for power Of thought, beauty
Of illustration, variety Of learning, and elegant
demonstration, a?e Justly numbered among tho
highest reaches of tho human mind, find no
admiration beyond the ranks Of lawyers, anC
live in only the dusty repositories Of their ora
cles The fame Of the warrior is forever en-
bodied in tho history Of his country, >pd is
coloured with the warm lights reflected Back
by the praise Of many a distant age. The Or
ator and the statesman lie not merely in the
rcco!lcctions Of their powerful eloqueuce, or
The deep impressions made by them on the
character Of The generation in which they liv-
ed, but arc brought forth for public a%pproha-
ton in political debates, splendid volumes, in
collegiate declarations, in the works Of rhe.o-
ricians, in tho school books OF boys, and in the
elegant extracts Of ~nhaiurcr life. Not TO go
back TO the ancicn's, the speeches of Chat
ham, and Burke, and sheridan, and Pitt, and
Fox, and Crattan, will be familiar 10 the ears,
and uttered by the voices of thousands, who
never heard OF The gigantic learning of Coke,
the commanding judgment of Holt, tho inf
nitely varied professional attainnieUts Of Hard
wicke, the (~elicitous and convincing genius of
Mansfield, the cautious and unerring sssacity
Of Eldon. tho Utmost pretorna:oral union ofju-
''S'ui NioIbNhtpb tH'lhiS'o iN'tch stS SWIM
principles IN Stowcll; or. 10 name a few among
| the illustrious living and dead Of our own coun-
! try, tho unostentatious but vigorous sense Of
Tilghman. the profound and ncutc disceIninent
Of Parsons, or the cxhaustipg dill gcnce and
polished strength Of Kent.
We shall not attempt, on this occasion, 10
enter upon a minute survey of the Official la
bors Of I hiof Justice Marshall. However ill.,
struciivc or interesting such a course might lie
to Tie profession, the considerations already
advertod to sufficiently admonish us, that it
would not be very welcome 10 The Ilass of0tii-
or readers. But there is ono class OF cases,
which ought not 10 DO overlooked. because ii
comes home 10 tic business ard bosom Of cy-
cry citizen of this country, and is felt in every
gradat.on of life from tho chief magistrate
down TO the inmate Of the cottage. Nc nj
ludc to the grave discussion of constitutional
law, which during his time have attracted so
much Of tho talents OF tho bar in tho Supreme
Court, and sometimes agitatcd tic whole ma
ton. Ii all others Of the Chief Justices juri-
ridical arguments had persisted, luminous iuGs.
ments on these occasions would have given ali
enyiablo Immortality 30 Is, name.
"Thcro is in the discharge OF this delicate
and Important duty, which is peculiar 10 our
institutions, Il moral grandeur and interest.
which il is rot easy TO over estimate either in
u political or civil view. In no other country
on Garth are Tic acts of tho legislature Liable
TO be called in question, and even set aside,
if they do not conform 10 tIe standard Of the
constitution. Even IN Engla I'd, whcro the
principles Of civil liberty arc cherished with
| ardor, and private Justice is admir-
istered with a pure and clo"a.cd independence
tho acts OF Parliament, arc omuiro.>at by the
very theory of the government. They can,ot
DO gainsaid or over-ruled. They form Tic law
of the land, which controls the prcrogativc and
even the descent of the crown itself, and NAV
take away the life and property Of tho subject
without trial and without appeal. The only
security is in moderation of F~arliamcn, itsolf,
and representative responsibility. The case is
otherwise in America. The state and national
constitutions form tho supreme lar Of the
land, and the judges are sworn 10 maintain.
these charters Of liberty, or rather these srec-
ial delegations of power by the people (wLo in
our government are alone tic doIos.iar;es OF
supreme authority and sovcrcignrv) il, their
original vigour and true intchdncn,. I, mat
tors not, how po?aa'r n slatltc may be, or how
commanding the majority ny w''icS il, has been
cnacte'; il must stand Inc test Of tic c~ons.itu- I
ton or it falls. The hcm5Ic.t ei,i7en may
question IFS consti.ut:onaity; aud It's final fate
must DO settled upon grave argument and de-
bate by the iudges Of tho land.
"Nor is this the mere Theory Gr;ho cors.i- :
tuition. II is n function which las been often
performed; and not a few acts Of state as well
rs OF national legislation haze been brought to
this severe scrutiny; ard after tho fullest con-
sidcration, some have been pronounced to be !
void, because they were unconstitutional !
And these Judgments have been acquiesccd in
and obcycd even when they wcrn highly Of
fcnsivc TO tho pride and sovereignty Of the
state itself, or affected private ard public in
teres.s TO an incalculable extent.
"Such, in America, is thr mrjcsty cf tie
law. Such is the homage Of a FREQ people In
the institutions. created ny themselves. Such
is The Consciousness OF every citizen, that he !
holds his life, his liberty, aud his p.opcriy.by
the ~jrdgrnon; Of his peers, md the Sovereignty
OF the constitution. What, after oil, is the
most wonderful in this political machinery, is !
the simplicity Of its structure, ard tho case OF
its operation. 4 foreigner would suppose hat h,
tho accomplishment OF suci, mighty effects
would require the aid OF every sort OF external
means OF influence to guard it, and ensure It's
success. &c would imagine, that the function
aries cf such duties must havo the advnpiogcs
Of noble birth, Of hereditary right, Of grea:
wealth, of extensive patronage, md OF the
}mmand OF military resources. How great
would be his %surrrisc to learn, that the ledccs
who arc 10 decide these questions in the last
resort, are few in nun.ber rarely Noaliliy, with
moderate salaries, with no patronage beyond !
tao poor appointment Of ihc olork Of the!
own courts, with no array Of military force,
living unos'cntai;orsly among !hcir fciIDw ci;-
izcnS, and having no means OF influence be-
You'd what thor talents and public services md
private virtues might command in any ot-T
station. Yet they perform the duty fcariessly
and independently, ard often under circum-
stances Of Tho most painful and II. ing respcn-
sibiity; in tho wilt Of popular rrejodicos,
party ;r!un.phs, state s%trifcs, and national dis
sa,isfs ciions We speak here, not PARTICULAR
" Of the Judges Of TIC Supreme Court of the