Seen in the
Development of American Law" (New York, 1889), a course of lectures
before the Political Science Association of the University of Michigan.
Detailed commentary of a high order of scholarship is furnished by
Walter Malins Rose's "Notes" to the Lawyers' Edition of the United
States Reports, 13 vols. (1899-1901). The more valuable of Marshall's
decisions on circuit are collected in J. W. Brockenbrough's two volumes
of "Reports of Cases Decided by the Hon. John Marshall" (Philadelphia,
1837), and his rulings at Burr's Trial are to be found in Robertson's
"Reports of the Trials of Colonel Aaron Burr," 2 vols. (1808).
Marshall's associates on the Supreme Bench are pleasingly sketched in
Hampton L. Carson's "Supreme Court of the United States" (Philadelphia,
1891), which also gives many interesting facts bearing on the history
of the Court itself. In the same connection Charles Warren's "History
of the American Bar" (Boston, 1911) is, also valuable both for the facts
which it records and for the guidance it affords to further material.
Of biographies of contemporaries and coworkers of Marshall, the most
valuable are John P. Kennedy's "Memoirs of the Life of William Wirt," 2
vols. (Philadelphia, 1880); William Wetmore Story's "Life and Letters of
Joseph Story," 2 vols. (Boston, 1851); and William Kent's "Memoirs and
Letters of James Kent" (Boston, 1898). Everett P. Wheeler's "Daniel
Webster the Expounder of the Constitution" (1905) is instructive, but
claims far too much for Webster's influence upon Marshall's views.
New England has never yet quite forgiven Virginia for having had the
temerity to take the formative hand in shaping our Constitutional
Law. The vast amount of material brought together in Gustavus Myers's
"History of the Supreme Court" (Chicago, 1912) is based on purely ex
parte statements and is so poorly authenticated as to be valueless. He
writes from the socialistic point of view and fluctuates between the
desire to establish the dogma of "class bias" by a coldly impartial
examination of the "facts" and the desire to start a scandal reflecting
on individual reputations.
The literature of eulogy and appreciation is, for all practical
purposes, exhausted in Dillon's collection. But a reference should be
made here to a brief but pertinent and excellently phrased comment on
the great Chief Justice in Woodrow Wilson's "Constitutional Government
in the United States" (New York, 1908), pp.158-9.
|