The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815. Beveridge Albert Jeremiah

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369

The next case in which the Supreme Court overthrew an act of Congress was that of Scott vs. Sandford – the famous Dred Scott case, decided in 1857. In this case the Supreme Court held that Congress had no power to prohibit slavery in the territory purchased from France in 1803 (the Louisiana Purchase), and that the Act of March 6, 1820, known as the Missouri Compromise, was unconstitutional, null, and void. (See Scott vs. Sandford, 19 Howard, 393 et seq.)

370

The President can veto a bill, of course, on the ground of unconstitutionally; but, by a two thirds vote, Congress can pass it over the Executive's disapproval.

371

Carson, i, 203; and see especially Adams: U.S. i, 192.

372

1 Cranch, 154.

373

This seems to have been inaccurate. Compare Lee's argument with Marshall's opinion.

374

1 Cranch, 158.

375

1 Cranch, 160.

376

Ib. 162.

377

Ib. 163.

378

Ib. 164.

379

Ib. 165.

380

1 Cranch, 166-68.

381

Ib. 169.

382

1 Cranch, 170.

383

Ib. 173.

384

1 Cranch, 174.

385

In all "other cases … the Supreme Court shall have appellate jurisdiction … with such exceptions … as the Congress shall make."

386

Ib. 174. (Italics the author's.)

387

1 Cranch, 176. This particular part of the text adopts Professor Edward S. Corwin's careful and accurate analysis of Marshall's opinion on this point. (See Corwin, 4-10.)

388

1 Cranch, 176.

389

Ib. 176-77.

390

1 Cranch, 177.

391

Ib. 178.

392

1 Cranch, 178-80.

393

See vol. i, 323, of this work.

394

It must be borne in mind that the American Constitution declares that, in and of itself, it is law – the supreme law of the land; and that no other written constitution makes any such assertion.

395

See infra, chap. iv.

396

Jefferson to Mrs. Adams, Sept. 11, 1804, Works: Ford, x, footnote to 89.

397

See infra, chap. viii.

398

Jefferson to Jarvis, Sept. 28, 1820, Works: Ford, xii, 162. Yet, at the time when he was founding the Republican Party, Jefferson had written to a friend that "the laws of the land, administered by upright judges, would protect you from any exercise of power unauthorized by the Constitution of the United States." (Jefferson to Rowan, Sept. 26, 1798, ib. viii, 448.)

399

Jefferson to Gallatin, July 12, 1803, Works: Ford, x, 15-16. It should be remembered that most of the banks and the financial and commercial interests generally were determined opponents of Jefferson and Republicanism. As a sheer matter of "practical politics," the President cannot be fairly criticized for thus trying to weaken his remorseless foes.

400

See Channing: U.S. iv, 313-14.

401

Talleyrand to Decrès, May 24, 1803, as quoted in Adams: U.S. ii, 55.

402

Morison: Otis, i, 262; see also Adams: U.S. ii, 56.

403

See instructions to Livingston and Monroe, Am. State Papers, Foreign Relations, ii, 540.

404

Adams: U.S. i, 442-43.

405

Ib. ii, 120-28.

406

Works: Ford, x, 3-12.

407

American Insurance Company et al. vs. Canter, 1 Peters, 511-46, and see vol. iv, chap. iii, of this work.

408

See U.S. Statutes at Large, ii, 283; and Annals, 8th Cong. 2d Sess. 1597.

409

For instance, Senator Plumer, two years later, thus stated the old Republican doctrine which the Federalists, in defiance of their party's creed and traditions, had now adopted as their own: "We cannot admit a new partner into the Union, from without the original limits of the United States, without the consent, first obtained, of each of the partners composing the firm." (Plumer to Smith, Feb. 7, 1805, Plumer, 328.)

410

Jefferson to Nicholas, Sept. 7, 1803, Works: Ford, x, 10.

411

Jefferson to Breckenridge, Aug. 12, 1803, ib. 7.

412

Jefferson to Madison, Aug. 18, 1803, ib. 8.

413

"The medicine for that State [North Carolina] must be very mild & secretly administered." (Jefferson to Nicholas, April 7, 1800, ib. ix, 129; and see Adams: U.S. iii, 147.)

414

"The millenium was to usher in upon us as the irresistible consequence of the goodness of heart, integrity of mind, and correctness of disposition of Mr. Jefferson. All nations, even pirates and savages, were to be moved by the influence of his persuasive virtue and masterly skill in diplomacy." (Eaton's account of a call on President Jefferson, 1803, Life of the Late Gen. William Eaton: Prentiss, 263; also quoted in Adams: U.S. ii, 431.)

415

Cabot to King, July 1, 1803, King, iv, 279. The Louisiana Purchase was first publicly announced through the press by the Independent Chronicle of Boston, June 30, 1803. (Adams: U.S. ii, 82-83.)

416

Ames to Gore, Oct. 3, 1803, Ames, i, 323-24.

417

Tracy to McHenry, Oct. 19, 1803, Steiner: Life and Correspondence of James McHenry, 522.

418

Oct. 20, 1803, Plumer, 285.

419

Ames to Dwight, Oct. 26, 1803, Ames, i, 328.

420

Reeve to Tracy, Feb. 7, 1804, N.E. Federalism: Adams, 342; and see Adams: U.S. ii, 160.

Members of Congress among the Federalists and Republicans became so estranged that they boarded in different houses and refused to associate with one another. (Plumer, 245, 336.)

421

Pickering to Cabot, Jan. 29, 1804, Lodge: Cabot, 338.

422

Griswold to Wolcott, March 11, 1804, N.E. Federalism: Adams, 356.

423

Morse to Plumer, Feb. 3, 1804, Plumer, 289.

424

Plumer to Morse, March 10, 1804, ib.

425

Cabot to King, March 17, 1804, Lodge: Cabot, 345.

426

See Morison: Otis, СКАЧАТЬ