The age-herald., 1897-09-22

m virginia the ngnJ over the cOnSllLu- tion was terrific. Tn New York, as said. it was defended by Hamilton, Liv- ingston and Jay; in Virginia it's ratif- cation was contended for by Pendleton, Madison and Marshall. The association of Marshall's s name with the constitution has peculiar fitness. His whole mature life was more or less connected with it. He was instrumental in it's ratification and in the establishment of It's prinei- pies. Madison, with more Knowledge of affairs, led the debates against Henry and Mason, but the logic of the argu- ments was Marshall's. And he was more than logical. He saw quickly and rightly. On the questions of military and judicial power he was easily the rul- ing mind. In those fields of experience neither Madison nor Henry could com- pare with him. Marshall was then but 32, had been soldier and a lawyer, and in rising to eloquence on these questions illustrated the idea of the great German metaphysiciansthat knowledge rests on what We do and are. His arguments here, like Jays address in congress, were the first definite steps toward fame.
 The adoption of the constitution hav- ing been secured, Marshall determined to quit public life and give his time to the law. His fortune was not yet made, his practice had grown extensive and his sacrifices had been many. His friends urged that the interests of his country were paramount and that he try for an election to congress in order to assist in organizing the government. But Marshall adhered to his first re- solve. The district was anti-federal, and this may have influenced him, for when the city of Richmond. which was federal, was given a representative in the legislature, Marshall accepted a nomination and was elected. He was there three years, beginning with 17S9. In that early time, at the very begin ming of the new government, did Vir- gnia avow the doctrine that subse- quently marked her course and insist upon the closest abridgment of the na- tional power. John Marshall, against great odds, fought the doctrine as per nicious, upholding the priority of the government.
 Again he returned to his prof5 ssion. But events in Europe, which embraced in a measure those of America, soon cut short his retirement The French reyo- lution in its dawn was hailed with en- thusiasm here. It was foreseen that if the monarchs of Europe suppressed this instruction America had but a ques- tionable security for her independence. It would be natural for them to look at the origin of the evil and feel that their dynasties were not safe while an exam pie of liberty remained in the western hemisphere Marshall, with a great many of his countrymen, was warmly attached to France. But the policy of France was to detach this government from it's neutral position. Marshall's part in the French English controversy was very decided. He held as Jay had defiantly done in the peace convention, that the rulers of Europe should treat with this government as a sovereign power and that it's independence was menaced by the inordnate influence of France. On this point he was hostile to the sentiment of his state, and was denounced as the coadjutor and friend of Hamilton. The antagonism to Mar shall compelled him to defend himself and his defense made him the leader of the federal party in Virginia. At this period the Jay treaty was the subject of universal discussion. Jay was assail- ed for negotiating it, the senate for rati- flying it and Washington for signing it. The argument against the treaty was that it was unconstitutional. To com bat this Marshall massed the full strength of his faculties and showed himself a man of big proportions At Washington's solicitation he ran for congress, but would not comply with Adams request to go on the supreme bench as an associate. At the first op- portunity Adams named him for chief justice, after having given him both the war and state departments.
 Between Jay and Marshall are John Rutledge, of South Carolina, and Oliver Ellswol-h, of Connsctcu. The Jay treaty was the complete urdoing of Rut- ledge. He was at the time of it's neso- tiation chief justice eff his state. and. notwithstanding his dislike of Lhe treaty. Washington selected him to succeed Jay. It was an oversight on the part of the president, and Rutledge permitted his ambition to ge. the better of his judic- iousness. He accepted the app ointcnsnt ard took his sat without confrma tion. The senate met and rejected him, when the office was conferred upon Ellswo1l h. Rutledge was highly gifted as a req soncr and speaker He had graduated for the bar from the Temple in London In the first contine ntal CO., gress he was as prominent as John Adams in urging separation from England, and Patrick Henry thought him the greates. orator in that body. His intellect had been af- fccted by disease before his appointment to the supreme court and his rejection by the senate completed it's dissolution. Ellsworth then, who had secured the ap- proval elf the Jay treaty in the senate. became chief justice. He had been student at Yale and graduated from Princeton. His law practice at Hart ford, where Noah Webster was a stu dent in his office, was enormous. Els worth is one of the few northern men who held aloof from rhe slavery ques- tion, believing it should be lsft altoge her to the south. Calhoun attached much inDortan nee to his part in the federal