Page:American Historical Review, Volume 12.djvu/793

 Chief Justice Marshall a)id Virginia 7S3 is violent and sometimes offensive. " The judgment now before us," he declared, " will not be less disastrous in its consequences, than any of these memorable judgments [of the courts of Charles I.]. It completely negatives the idea, that the American states have a real existence, or are to be considered, in any sense, as sovereign and independent states."' While in other countries, he maintained, the judiciary is said to be the weakest of the several departments of government, and has been limited to the mere causes brought before it, ours aspires to a more elevated function. It claims the right not only to control the operations of the co-ordinate departments of its own government, but also to settle exclusively the chartered rights of the states. He cited Alarshall's speech in the 'irginia convention of 1788." showing that the chief justice had then denied that a state could be " dragged " before the bar of the federal court ; declared that he wanted no revolutions, no rebellion, but a frequent recurrence to fundamental principles; yet he solemly admonishes his readers that the sovereignty of Virginia must be maintained, suggesting that slavery itself was not safe under Marshall's decisions. However, his rebuke and warning to his fellow-partizans bear a significant hint as to the real nature of the contest: "Yet, Republicans! I greatly fear that your sins have overtaken you. I deeply regret that you are found sleeping at your posts, and that you could not watch one hour! I greatly fear that the day of retribution is at hand. The scepter of power is about to depart from you. ... The hair of the federal Samson has again begun to grow and with it [its] power and strength." With this series of papers from Roane other articles appeared from week to week, like small artillery to the accompaniment of the big guns. About the same time, too, John Taylor of Caroline published his book. Construction Construed, which at once elicited the hearty commendation of most Southern politicians. If the legislature of 1819 barely missed joining, the fray, that of 1821 plunged into the thick of the fight. Preparation was made to re-enact the resolutions of 1798 and to call for the purg- ing of the Supreme Court. Jefferson was still an active influence in 'irginia. His son-in-law, Thomas AI. Randolph, was governor. Ritchie, Roane and John Taylor enjoyed his fullest confidence. All had long been opponents of the national judiciary and enemies of Marshall. Jeft'erson had silently approved and encouraged Roane's attacks on Marshall since 1815. Now he wrote a letter commending John Taylor's most timely book. Construction Con- 1 Richmond Enquirer, May 25, 1821 ; Branch Historical Papers, II. 2. 80. i Elliot, Debates. III. 555-557.