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Nearly a hundred years later a State was sued in the courts of the United States on a cause of action arising under the Constitution, and Cohens v. Virginia was relied on as a precedent. "It must be conceded," was the reply of the Supreme Court, "that the last observation of the Chief Justice does favor the argument of the plaintiff.
Nevertheless, when he found Deronda seated at the Cohens' table, the disclaimer was for the moment nullified: the first impression returned with added force, seeming to be guaranteed by this second meeting under circumstance more peculiar than the former; and in asking Deronda if he knew Hebrew, Mordecai was so possessed by the new inrush of belief, that he had forgotten the absence of any other condition to the fulfillment of his hopes.
Turn out every one of yez and hike yerselves to the park. "Now, 'twas a peaceful and happy home that all of us had in them same Beersheba Flats. The O'Dowds and the Steinowitzes and the Callahans and the Cohens and the Spizzinellis and the McManuses and the Spiegelmayers and the Joneses all nations of us, we lived like one big family together.
There might be a hundred Ezra Cohens lettered above shop windows, but Deronda had not seen them. Probably the young man interested in a possible customer was Ezra himself; and he was about the age to be expected in Mirah's brother, who was grown up while she was still a little child.
The B. Cohens resident in Berkeley, Oakland, Alameda, San Rafael, Sausalito, Mill Valley, San Mateo, Redwood City and Palo Alto were next telephoned to, and when this long and expensive task was done, Ex-Private Bill Peck emerged from the telephone booth wringing wet with perspiration and as irritable as a clucking hen.
The Hebrew vote in the district is nearly as large as the Italian vote, and Divver and Foley set out to capture the Cohens and their friends. They stayed up nights thinking what they would give the bride.
Deronda might have been more argumentative or persuasive about the view to be taken of Mirah's brother, if he had been less anxiously preoccupied with the more important task immediately before him, which he desired to acquit himself of without wounding the Cohens. Mordecai, by a memorable answer, had made it evident that he would be keenly alive to any inadvertance in relation to their feelings.
Some further acquaintance with this remarkable inmate of the Cohens was particularly desired by Deronda as a preliminary to redeeming his ring: he wished that their conversation should not again end speedily with that drop of Mordecai's interest which was like the removal of a drawbridge, and threatened to shut out any easy communication in future.
The Federalist instinct was constructive, not destructive, and accordingly Marshall's fame rests on a series of constructive decisions like M'Culloch v. Maryland, Cohens v. Virginia, and Gibbons v. Odgen. In these decisions he either upheld actual national legislation, or else the power of the nation to legislate.
If Story's argument is defective at any point, it is in its failure to lay down a clear definition of "cases arising under this Constitution," and this defect in constitutional interpretation is supplied five years later in Marshall's opinion in Cohens vs.
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