Capitolo 52
judgment for Chisholm. Jay was followed by his/her partners with the
exception of Iredell, J. of north Carolina. A ferment immediately started,
and in the very the next session of Congress an amendment to the
Constitution was proposed to make such suits impossible. In January,
1798, five years after the case was disputed, this amendment was declared
adopted being, but in the meantime Jay was discharged again becoming governor
York. In December, 1800, he was offered again the principal justiceship from
John Adams, on the resignation of Oliver Ellsworth but Jay resolvedly
declined. I have often wondered if Jay's mortification to having
his only important constitutional decision briefly condemned by the
people have not been able him to give a disgust for the judicial life.
The Federalist attempt to strengthen on the states a positive rule of
the economic morality, therefore it immediately collapsed, but still he/she remained
possible to draw near to the same problem from his/her negative side, through
the clause of the Constitution that prevented some state to damage the
the validity of contracts and Marshall he/she took on this aspect of the assignment
where Jay left him/it. In the mind of Marshall its job was simple. He only had
to determine the nature of a contract, and the rest followed
automatically. All contract it would be kept sacred. Them greater or
I lead the importance it was immaterial.
In the 1810 Marshall it exposed this general principle in Fletcher _v_.
Beaks. [18] "when... a law is in its nature a contract... an abrogation of
the law is not able devest" it straightens that you/he/she has dressed some sacred hangings under him. A pair of
years he applied later his/her principle to the extreme case of a boundless
remission of taxation. [19] the State in New Jersey had granted a
earths exemption from taxation surrendered to certain Indians. Marshall held
what this contract worked with the earth, and it accustomed to the benefit of
grantees from the Indians. If the state desired to take back its power of
taxation, has to repurchase the concession and the citizens of New Jersey