. The life of John Marshall . arguments, his de-liberate opinion was that the act of New York was unconstitutional,and that the present case fell directly within the principles establishedin the case of Gibbons v. Ogden. (lb. 153-61.) In the Kentucky Bank case, decided immediately after the NewYork immigrant case, Marshalls opinion in Craig vs. Missouri wascompletely repudiated, although Justice McLean, who delivered theopinion of the court (ib. 311-28), strove to show that the judgmentwas within Marshalls reasoning. Story, of course, dissented, and never did that extraordinary manwrite with g
. The life of John Marshall . arguments, his de-liberate opinion was that the act of New York was unconstitutional,and that the present case fell directly within the principles establishedin the case of Gibbons v. Ogden. (lb. 153-61.) In the Kentucky Bank case, decided immediately after the NewYork immigrant case, Marshalls opinion in Craig vs. Missouri wascompletely repudiated, although Justice McLean, who delivered theopinion of the court (ib. 311-28), strove to show that the judgmentwas within Marshalls reasoning. Story, of course, dissented, and never did that extraordinary manwrite with greater power and brilliancy. When the case was first ar-gued in 1834, he said, a majority of the court were decidedly of theopinion that the Kentucky Bank Law was unconstitutional. Inprinciple it was thought to be decided by the case of Craig v. TheState of Missouri. Among that majority was Marshall — a namenever to be pronounced without reverence. {Ib. 328.) In closing his great argument, Story says that the frankness and. WAYNE BALDWIN Associate Justices at the last session of the Supreme Court orer which John Marshall presided THE FINAL CONFLICT 585 It is doubtful whether history shows more than afew examples of an aged man, ill, disheartened, andknowing that he soon must die, who neverthelesscontinued his work to the very last with such scru-pulous care as did Marshall. He took active partin all cases argued and decided and actually deliv-ered the opinion of the court in eleven of the mostimportant.^ None of these are of any historical in-terest; but in all of them Marshall was as clear andvigorous in reasoning and style as he had been inthe immortal Constitutional opinions delivered at theheight of his power. The last words Marshall everuttered as Chief Justice sparkle with vitality andhigh ideals. In Mitchel et al. vs. The UnitedStates,^ a case involving land titles in Florida, hesaid, in ruling on a motion to continue the case:Though the hope of deciding causes to the
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