Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-09-24
THE FEDERAL JUDICIARY.


THE editor OF the Philadelphia Re-
cord occasionally allows his pen TO score
some true Democratic doctrines which
deserve TO be spread before the public
for future consumption. The follow
ing is one OF his last efforts
Judicial Interpretation has gone far
toward conclusive and authoritative
settlement Of the different theories of
constitutional construction which have
from time to time been advanced, as
opposing views and interests have at
various periods prevailed. Consider
ing the fact that our American polity,
alike State and National, has for its
organic basis, not precedents and in
stitutions, butideas and abstract prnci-
Piles, which our forefathers, with no
historic lights to guide them, under
took to reduce TO practice, II is not
strange that wild and visionary notions
of the relations of the Union and the
States should have occasionally become
current and won an earnest advocacy.
Our political history is, therefore, as
was natural, in good part the record Of
conflict Of great principles, each Of
which was n valuable integral element
in the governmental system, bat car
ried alternately by their respective
champions to an exaggerated extreme.
In the war Of opinions the necessities
of strong government were continually
pitted against the ideals of pure Demo.
cracy.
1t was fortunate for the country, in
the crudeness of its social fabric and
in the weakness of its undeveloped en-
ergies, that that Federalist Of the Fed
eraIis,s, John Marshall, of Virginia, was
at the head of the judicial branch oil
our tripartitc system as Chief Justice
Of tho Supreme Court of the United
States. Stability and order were the
paramount national needs during TIC
strife of parties which followed the
adoption of the Federal Constitution,
Republicanism and liberty were already
secure beyond the possibility OF loss
The spirit OF freedom permeated the
people, and was eager. enthusiastic
and aggressive The want of the hour
was unity, solidarity, strength. The
luminous and profound reasonings Of
Hamilton and Jay had fortified the
Constitution with a wall of adamant
and Madison, as q trusted leader. OF the
Republicans, had done much TO com.
mend it to popular acceptance. In the
construction Of the instrument, how
ever, the strife of opposing views was
TO be renewed. AT this critical june
ture, when everybody depended upon
authentic and final judicial exposition
the selection of Judge Marshall was
most opportune.
Although the three departments oi
national sovereignty are coordinate
the revisory power of the intorpreta
tion makes the Judiciary practically
supreme. 1t corrects demonstrations
Legislation and in effect repeals it. II
is the primacy which declares the true
doctrines Of the fundamental compact
and condemns as heresies both seces
sion and the higher law, with all theii
outgrowth aud concomitants.
The relative rights and powers Of
the States and the general Govern
ment are no longer matters of specu
lation. Nearly ever mooted point n:
between them has been adiudicated by
that august Bench and while the ma
tional authority is amply guaranteed
by Its declssions, so, too, are the resi-
duary sovereignty and co-equal dig
nifty of the several States"