The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-12-16
SENATOR VESTS NEW LorE.
He Repudintes Jefherson and Becomes Z
Disciple of the FederaIist, John NInrshall.

He Repudintes Jefferson and Becomes q
Disciple of the Fedoralist, John Marshall.
To THE EDITOR OF THE SuN-Sir; Senator
Vest, the leader Of the old Bourbon Democracy
in the Senate, in his frantic effort to defeat the
policy OF expansion, hos abandoned completely
the historical position OF his party as strict con-
structionists Of the Constitution. thereby hold
Ing up to scorn all tho doctrines in this respect
that ThomasJ Jefferson ever maintaine ed. and on
which the old Republican party was founded.
Mr.. Vest made this remarkable change OF base
In these words:
John Marshall wroten no nebuious opinion. His
knowledge OF the Constitution was only equRlled by
his command OF the English language. / say now.
although l differ with him in many respects politi-
cally, that until this country cease TO exist and the
English language cease to be spoken, John Marshall
of virginia will stand without a peer in the judicial
annals Of this or any other country"
That Is undoubtedly the Judgment OF his
tory. but 1t is political heresy from the Demo-
cratic point OF view. 1t Is sound Federalism.
and the disavowal. utter and absolute. OF
what is generally known as Jeffersonian
Democracy. From the day that MARSHALL.
appointed by President Adams in the closing
hours Of his Administration took his seat on
the bench Of the Supreme Court. there was
eternal war etween him and jefferson. a war
that did not end until one OF the great dis
putants ceased to exist. As lato as 1920. only
six years before he died. Jefferson characterized
Marshall as the crafty Chief Judge, who So
phisticates the law to his mind. by the turning
OF his own reasoning" Three years later JEFF
ferson declared that the practice OF Judge
Marshall Of travelling out Of his case to pre-
scribe what the law would DO I'M moot case
not before the Court is very irregular and
very censurable."
ho n 1ou-por anI m ,11- ~ A-zA.k..tt@-A
history. Mr.. Vest must know that the conflict
between Marshall and Adams began with the
celebrated case Of Marbury vs. Madison, aris-
ing out Of the midnight appointments OF Mr..
Adams. Marbury, one OF the ~appointees. APP
piled to the Supreme Court for a mandamus
to Mr.. Madison. the Secretary Of State. to COM
pei him to deliver the commission intended
for him. Jefferson continues the history Of
the case as follows:
"The court determined at once that. being an orig.
inal process. they had no cognizance Of 1t; and.
therefore, the question was ended. But the Chief
Justice lMarshalll went on TO lay down what the law
would be, had they Jurisdiction OF the case, to wit:
that they should command the delivery. The object
was clearly to instruct any other court having the
Jurisdiction what they should do IL Marbury should
apply to them. Besides the improperly of this
gratuitous interference, could anything exceed the
perversion Of lawH For il there is any principle Of
W mover YET contrnulcted IL 10 mat delivery lie ono
OF the essentials to the validity of q deed"
From that initial case down Marshall never
made a decision. never rendered an opinion.
giving an Interpretation to the Constitution
where the real or apparent rights OF the States
and OF the General Government were in issue
that jefferson wholly approved. He never
ceased to contend that Marshall had tortured
the organic law into something never intended
by its trainers, and in his old age, when he
began to write his autobiography. denounced
the court. unjustly. as 1 think. "as the corps
OF sappers and miners. steadily working to I'M
dermine the independent rights Of the States
and to consolidate all power in the hands OF
that Government in which they have SO impor-
tant a freehold estate"
Mr.. Vest. as we have said. in declaring that
'Marshall's knowledge OF the Constitution was
only equalled by his command Of the English
language uncanonizes Jefferson as the inter-
prefer of the Constitution for his party. and
sets up in his place the greatest OF all the Fed
eral leaders. Marshall. This sudden metamor-
phosis of a hide-bound Missouri Democrat
into q rank Federalist is amusing. F,
NEW York, Dec. Is,