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He had hardly set his foot in the province, when the universal, unquestioned, uncontradicted testimony of the whole people, concurring with the manifest evidence of things which could not lie, with the face of an utterly ruined, undone, depopulated country, and saved from literal and exceptionless depopulation only by the exhibition of scattered bands of wild, naked, meagre, half-famished wretches, who rent heaven with their cries and howlings, left him no sort of doubt of the real cause of the late tumults.
Such is Marshall's answer to Jefferson's outburst against "the dead hand." Characteristically, Marshall nowhere cites Fletcher vs. Peck in his opinion, but he builds on the construction there made of the "obligation of contracts" clause as clearly as do his associates, Story and Washington, who cite it again and again in their concurring opinion.
The most highly favoured of this class are diligent in the practice of virtue; they devise thousands of holy inventions and practices to lead them to God, and to enable them to abide in His presence; but all is accomplished by their own efforts, aided and supported by grace, and their own works appear to exceed the work of God, His work only concurring with theirs.
Though I am too well acquainted, my lords, with the maxims which prevail in the present age, and have had too much experience of the motives, by which the decisions of the senate are influenced, to offer any motion of my own, yet these reasons will withhold me from concurring with this.
Mercury may be one such influence; but from the very fact that there are many other such, it will necessarily happen that although mercury is administered, the patient, for want of other concurring influences, will often not recover, and that he often will recover when it is not administered, the other favorable influences being sufficiently powerful without it.
Thus even that phenomenon of love at first sight, which is so rare and seems so simple and violent, like a disruption of life's tissue, may be decomposed into a sequence of accidents happily concurring.
To the just modulation of the words, and concurring expression of the features from the genuine works of nature, they had been strangers, at least for some time.
So many concurring circumstances of danger and distress might have appalled the most undaunted breast; what impression then must they have made upon the mind of Ferdinand, who was by no means a man to set fear at defiance!
It cannot but appear, I think, however small the territory however small the population of that state that yet the treaty formed, first between the three Powers and then by all the Powers who were the concurring parties in the Treaty of Vienna, meant that freedom and independence should leave to Poland should leave to some part of the Polish nation a separate existence; and that, giving up much, admitting much, to the Emperor of Russia, it was still consecrated, as a principle, that some part of the Polish nation should retain an independent and separate existence.
Thus, we have all classes and parties in the country Protestant and Presbyterian clergymen more numerous than Roman Catholic clergymen peers, deputy-lieutenants, magistrates, poor-law guardians all concurring in the main fact, that a vast portion of the food of millions of the people has been destroyed whilst all is uncertainty as to the remainder."
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