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What is meant by the Constitution's declaring itself the supreme law of the land? Section 5. The Federal Judiciary. We have seen that the American people were already somewhat familiar with the method of testing the constitutionality of a law by getting the matter brought before the courts.
Marshall's part on the floor of the Convention was, of course, much less conspicuous than that of either Madison or Randolph, but in the second rank of the Constitution's defenders, including men like Corbin, Nicholas, and Pendleton, he stood foremost.
One of his chief assets on the bench, as we have already seen, was his complete confidence in his own knowledge of the intentions of the Constitution a confidence which was grounded in the consciousness that he had written the history of the Constitution's framing. Most of Marshall's correspondence, which is not voluminous, deals with politics or legal matters.
While the damage on the Constitution was less, it clogged her action, but she secured a position from which she delivered two raking broadsides. Then as the vessel see-sawed, the jibboom of the Guerriere crossed the Constitution's quarter deck. Both crews made ready to board, but each found the other so fully prepared that neither attempted it.
It was competent for Congress to repeal the law at any time, but from the country's long acquiescence in it, and from the circumstances of its passage, which were such that a stigma of bad faith would be fixed upon whichever section should move for its repeal, it seemed to have a force and stability more like the Constitution's itself than that of ordinary laws.
And now the Constitution's earlier escape from the hot chase of the three British frigates was understood to be a great race for the nation's honor and welfare, as well as for their own lives, and at last the baffled pursuers, out-sailed, out-maneuvered, dropped behind with no story of success to tell, and were to gnaw their hearts in bitterness when they heard of this glorious achievement.
I wished you to remain in Rome. You never hinted that you thought of leaving Italy. I accepted your opinion, not for the constitution's sake, for I despaired of saving it. The constitution is gone, and cannot be restored without a destructive war; but I wished to be with you, and if I can join you now, I will. I know well that my conduct has not pleased those who desired to fight.
The riflemen in the Constitution's tops continued firing all the time with unerring aim. Captain Dacres was severely wounded, as were several of his officers. At length the Guerrier's foremast and mizzen-mast were carried over the side, leaving a defenceless wreck, rolling her main-deck guns in the water.
On the morning of the 20th of February, as the ship was running aimlessly before a light wind, some inexplicable impulse led Capt. Stewart to suddenly alter his course and run off some sixty miles to the south-west. Again the "Constitution's" good luck seemed to justify the sailors' belief, for at noon she ran into a group of vessels.
"Ah, his constitution's worn out," adds the woman; "that was what doctor said. ''Tisn't to be expected as he could recover, says he; 'his constitution's worn out." The rugged old face on the pillow is indeed lined and wrinkled; the one big hand lying outside the coverlet is gnarled and knotted, like the branch of an ancient tree; the form outlined by the bedclothes is of massive proportions.
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