DONALD G. MORGAN. Justice William Johnson, The First Dissenter. Pp. xv, 326. Columbia: University of South Carolina Press, 1954. $6.50

• Author: Paul L. Murphy
• Published date: 01 July 1955
• Date: 01 July 1955
• DOI: http://doi.org/10.1177/000271625530000131
• Subject Matter: Articles

141
was convinced that we would eventually
revived an important figure and in the
enter the European war and opposed per-
process has thrown valuable light on both
mitting Hitler to control our entrance by
Marshall and Jefferson. He acknowledges
providing the incident for which the Presi-
that Johnson was often influenced by Mar-
dent was apparently waiting.
shall as evidenced by his acceptance of
This volume, as the two preceding vol-
Marshall’s McCulloch ruling, and his con-
umes of the diary, will be widely read and
curring opinion in Gibbons v. Ogden, where
will be referred to constantly as one of the
he went further than the Chief Justice in
best day-to-day personal records of the
proclaiming the breadth of national au-
age of the New Deal.
thority under the commerce clause. He is
G. C. OSBORN
careful to make clear, however, that in a
University of Florida
number of important areas the two men
differed sharply. Johnson’s sympathy to-
DONALD G. MORGAN.
Justice William
ward vested rights did not prevent him
Johnson, The First Dissenter. Pp. xv,
from frequently supporting state regula-
326.
Columbia: University of South
tion, and influenced, especially in his later
Carolina Press, 1954. $6.50.
career by Thomas Jefferson, he took a
If the greatness of a man’s career is to
sharply distinct view on the role of judges
be measured by the applicability of his
and their fallibility, the power and super-
concepts and actions to a future age, Jus-
ceding authority of legislatures, and the
tice William Johnson must rank high among
value of the individual in society. Fur-
leaders of the early national period. A
ther, his contributions in molding court
controversial figure, called by John Quincy
procedure and defining the jurisdiction of
Adams &dquo;a restless, turbulent, hot-headed,
Federal courts rank with those of Marshall
politician caballing judge,&dquo; and character-
in establishing important legal precedents.
ized by Professor Morgan as &dquo;proud,...