Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1888-08-17
.,,,rr JUSTICE MARsHALL.

.,,,rr JUSTICE MARSHALL.
- the Creates: JMrists the Countrw
V"e Has Seen.
re-. A. Townsend.l
In the early stages of that court,
.hsn we had not ascertained thelaw ap-
,,.oble to new continent and new gov.
t.nment like ours, the Judges had it in
.,,o;r power to mold laws, their decisions
s s graphing in advance with
't nestions which they saw coming and
4 rh;cb were extensions of the particular
,ostions presented from time to time.
This was the distinguishing power of
1obn Marshall, beyond all cavil the
areatest Judge and Chief Justice of the
IT,n;ted States. There was nothing
snout his early life which would cause
Senate of the present day to confirm
him, His power as lawyer lay in tho
fact that he had mingled with the or,
ranic events and times which prompted
the making of this government and of
tb;s nation. After he ceased soldering
IN the revolution he took up the law to
obtain livelihood; and there suddenly
came into the State of Virginia class
Of questions which required an Ameri-
can counsel in them to widen his un-
1erstanding. And glance at the gem
eral history of civilization. Among
other questions was the validity of
debts owed by Virginians like Jeffer-
son and Edmund Randolph before there
was any revolution at all-debts due
for groceries, ones slave clothing, plows,
and harrows, etc. The United States
had made treaties recognizing these
debts. The Virginians did not want to
pay them, and did not believe that the
Government was strong enough to
make them pay. Marshall, perhaps,
from the accident of his having been
employed by the creditor class, began
to discern on the side of law the same
principles which Hamilton had dis
cerned on the side of fnance-that the
prejudices of nation are not to be con-
slered in relation to honesty and credit.
He therefore sprang out of the genera
ton and away from it, which was tam
pering with these obligations. He be-
gan to see the superiority of public
civilization to provincial one. He
estimated public opinion to be highly
elevating power Of government if it was
enlightened instead Of being brutalized.
Even after his fellow Federalists quar-
relied among themselves, Marshall adj
hered without gossip or discrimination
to the unpopular President Adams, who
placed him at the head of the Supreme
Bench. Yet when he came, in his life
at Washington, to sum up the Federal
lists who had gone before him, he placed
Hamilton at the highest ground for
genius, correctness, and understanding.
During the long time that he was
Chief Justice the executive power and
the Legislative power, also, were hostile
to his principles and associations. He
scarcely had personal relations with
President Jefferson. But his genius
materially affected the mind of Madi-
son. who became Jefersons successor,
and Madisonian Republicanism leaned
toward Federalism. And the Repub-
licanism of Monroe and his Secretary of
State and successor, Adams, differed
but little from the views Of Hamilton.
When Gen. jackson became President,
and it was in his term that Marshall
died, the sons of Hamilton and great
numbers OF the Federalists were Jack
sons supporters. Chief Justice Mar.
shall continued the domination Of the
old Federal element in the Government
for third of century. The Constitu-
ton had been made but never inter
preted. He interpreted it as Hamilton
would have done. The decisions re-
NAMED the law; Hamilton never was,
to the extent of Chief Justice Jay, al
advocate of imparing the proper prov
ince and jurisdiction of the States Of
the Union. He believed in the Con
stitution as whole, each portion OF il
being harmonious with all the rest.
MIS-4NT4KOPIC WILLS.
The Vienna papers published the vii
of a half-pay Austrian officer, which la:
created considerable amusement. III
leaves his fortune to his nephew, who
has situation in the postoffice, on con
dition that he shall never, on any oc
casion, indulge in his favorite occupa
ton of reading newspapers. The ole
gentleman institutes three persons hi
trustees, whose duties it will be tt
watch his luckless heir, and in case OF {
single infringement Of the will, dispose
of his property to other members OF hi
family. The said property consists o
two houses, money in the funds, and
landed estate.
Another curious will story comes t
hand fror, tho c;c4o, caDita1-Rerlln