The times. [volume] (Richmond, Va.) 1890-1903, 1898-05-12
90 OBSERVATION-DISCLOSURES ~ q 90

ed upon willingly. Only stern necessity
GROWING out of the utter failure or the
Confederation and their determination
that the continent should not Iritler
away its strength in petty states drove
them to the work.
STRONG OPPOSITION.
Although now regarded as somethlhs
sacred, said Justice Brown, II must nvs nv"
be supposed that IL was received with
acclamation or adopted without strong
opposition. The contest was long and BIT
ter. Two great and opposing difficulties
we're encountered, fear that the govern
ment would be too strong for the lhue-
pendence of the States and upon the
other hand a recognition of the fact that
a stronger and more centralized govern
ment than that of the old confederation
was essential. Then too, there was
feeling OF jealousy between the larger
and smaller States.
After the adoption of the instrument
came the great question Of construction
should it be liberal or strict? Not until
tho close of the war, said he, was 1t I'M
allv determined that the Federal govern
rneut was not a mere agent OF the
states, but a single, united, homogeneous
nation.
The only important question OF consti-
tutional construction coming before the
Supreme Court during the first ten years
of its existence was that of Chisbalm VS..
the State of Georgia, in which Il was
held that a sovereign State might be
sued by a citizen of another State. This
was the first conflict between the Fed
eral and States Rights parties. The ag-
itation which followed was only quieted
by the adoption of an amendment prohi-
biting a State from being sued by an in
diyiduaL
CHIEF-JUSTICE MARSHALL.
At this juncture President Adams call
ed to the Chief-Justiceship John Mar
shall. of Virginia, then a leading lawyer
of his native State. Justice Brown paid
a glowing tribute TO the great Chief JUS
tice as a man, soldier lawyer, legisia-
tor and in all the walks OF life. or the
eleven hundred and six opinions filed dur
ing his incumbency nearly one half were
delivered by Marshall himself, but his
fame rests upon less than a. score OF hi!
constitutional decisions His name woulC
be known in history as an expouder o.
the Constitution. His decision that courts
| Of justice have the power 10 determine
the validity of laws enacted by Con
gress has done more TO perpetuate thl
government than the Constitution Itself
In no other country had this ever beer
attempted. In other lands less fortunate
than our own an outraged people have M
recourse TO limit the acts of the Legis
lature to the Constitution except a revo
luton. Out Of the only refusal to acqui
esce in the courts judgment grew th'
civil war
Marshalls vote was always for a broaS
Interpretation of the Constitution. II
citing a number OF decisions OF Chief
! Justice Marshall, the speaker referret
| 10 McCulloch VS.. the State OF Maryland
which laid the foundation for the nationa
| banking system; one. delivered by Justic
| Story overruling an attempt of tho Su
preme Court Of Virginia 10 nullify an ac
of Congress empowering the Suprem
| Court OF the United States to review tn
| judgments Of State courts upon Fedora
questions, and other decisions.
Much of his fame is doubtless due 4
| his having been on the bench at tim
when the proper construction OF the new
| charter began TO claim the attention o
| the court His self-reliance was his mos
! remarkable trait lie found a constitu
| tion imperfectly understood. wholly un
! satisfactory to but few. criticized by IL
| enemies and distrusted by its friends. III
! left Il at the end Of his thirty-four year
| OF service adorned and yenerated b.
| every citizen.
Marshalrs logical mind. judicial TEN
! perament. modesty, equanimity, dignit
| and neatness and the absence of vice
] drew forth an elouqent tribute from III
speaker.
STATE RIGHTS"
Against Chief-Justice Marshalls view
| Justice Brown placed the strict construc
ZIONIST or State-Rights party as repre-
sented by Mr.. Justice Daniel Of Virginia
|
| VI