The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-03
SUNDAY. FEBRUARY 5. 1901.
JOHN MARSHALL,

Far up among the names OF those
chosen servants OF Providence who have
striven and succeeded in leading their
felluw-men stands the name of the patriot
statesman. John Marshall. The field Of
his labors was the ever widening sphere
of human justice: the scope Of his states
1nanship included the very existence of
sided. Called as lie WAS 10 the Supreme
Court in The last days Of the defeated
I-ederalist, John ADAMS, he found him
self confronted by the passions of political
conflict and the fierce difference of opin-
con that then divided the Federaiist and
Republican parties.
TIE Constitution had been adopted, hut
lis limits were stladowy and underlined.
Tie written letter stood pam, but the
vitalizing spirit WAS lacking. In many
parts of the country the aequiescence OF
the States in the idea OF a National Gov
ernment, paramount and supreme within
dts sphc1n, was still only half-heartrd.
Tho kentucky resolutions Of November,
I1aS and 1923, and the Virginia resolutions
of 1900 showed how strongly popular sem
iimcnt was running against a centralized
government with power 10 enforce its
laws upon The several States.
il WAS 10 the task of making The Con-
stitution supreme within its given sphere
that Chief Justice Marshall had 10 adj
dress his powers, and that labor required
all of the tact integrity, learning and
lllsfinehins bravery OF the greatest judge
that ever spoke the English language or
cNpoundcd Ansle-SaNon law
To the people OF America there was no
real choice between a military dictator
ana a Constitutional autocrat, or an an-
rststrainea Consrcss. The many forces
that were creating The national life had
not Vet Learned 10 work in harmony: the
Constitution, with its wonderfully designed
checks and balances, WAS by no means as
yci an established success; above all, there
was Jealous spirit among the people
which would have made amy llish-llanded
proceeding disastrous 1" the ends had in
view lay the trainers of the Constitution
in this vortex of cross-currcnts and OPP
posing forces there was not only place,
arut absolute need for a court of fine
discrimination. Which could properly de-
terrninc The boundaries of the State and
Federal rights and responsibilities, with
ahe further power of exposition, which
would So clearly set forth the grounds for
shese conclusions that all might be con-
WINGED that the decisions OF the tribunal
passing or these weighiy matters were
mot only fair ana reasonable but incvita-
Die.
Seldom in the history of the world have a
s,eapie been blessed in the choice of a
man for so difficult a position as was this
nation vixen John Marshall was elevated
30 the Chief Jus.iceship of the Supreme
Court. VtgYcd in the light of history The
obvious ana natural trend was ana must
have been TO union under a Government
that. al least. could enforce what powers
St had. mat as nothing is easier than to
point out a tendency in The past, so moth
sns is more difficult Than 10 discern one in
the present.
Even the prestige Of Washington and
sH,e genius of -Aexandcr. Hamilton had
failed TO make the people adopt theory
Of government which they foresaw mus;
sooner or later come But the cons,ruc-
Tive statesunans!lip of Marshall succeeded
where both Washington and Hamilton
Tad failed. By slow degrees. by absolute
By just Interpretation Of the powers which
stse States had conferred on the Federal
Government and no mare. by mastery
reasoning from old premises to new con-
ditions, and above all by that character
Of mind and heart that gave his opinions
the wisdom of a sage and the presaence
OF seer, Chief Justice Marshall vas
enabled 10 establish the fundamental doc
triies which have since guided our nation
"a life and without which 1t could not
have continued.
The Supreme Court had been in exist
cmce fourteen years before the question
of the effect OF AL unconstitutional law
came up fairly. When 81 did como in the