The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-05

Nullt lueTe WIS no express PROVISION OF
| the subject the proposition rested on &
principle which so entirely pervades the
Constitution. is so intermixed with the
materials which compose it, so interviewer
with its web. SO blended with its texture
as to be incapable of being separated from
II without rending it into shreds. If the
States may tax one instrument employed
by the General Government they may tax
all the means employer by it. to an eX-
cess which would defeat all the ends OF
government. This was not intended by
the American people. They did not design
/ to make their Government dependent on
the States. The question is indeed a ques-
tion OF supremacy. The court has bestow-
ed Oh the subject its most deliberate con-
sideraton. The result is a conviction that
the States have no power by taxation or
otherwise TO retard. impede, burden, or
in any manner control the operation OF
the constitutional laws, enacted by Con-
gress. TO carry into execution the powers
vested in the General Government. This
is, We think, the inevitable consequence
Of that supremacy which the Constitution
has declared"
His next great step forward was to
withdraw the obligations Of contracts
from the power of the State Legislatures
to impair their validity. and to place
them also beneath the protecting aegis
of the Constitution. He said: This
court can be insensible neither to the
magnitude nor to the delcacy of this
question. The validity of legislative act
is to be examined, and the opinion of the
highest law tribunal of State is to be re-
viSed. But the American people have said,
in the Constitution of the United States,
that no State shall pass any law impairing
the obligation of contracts. In the same
= M ,l-n tT,n. I,A
judicial power shall extend to all cases,
in law and equity. arising under the Con-
stitution. On the judges of this court is
imposed the solemn duty of protecting,
from even legislative violation. those con-
tracts which the Constitution of our
country has placed beyond legislative con-
troll; and, however irksome the task may
be. this is duty from which we dare not
shrink
FACING 4 GRAVE DUTY.
1t is now recognized that one of his
greatest services to his country was in
withsta9ding a wave OF great popular ex-
citement, shared and fostered by Presi-
dent Jefferson himself and declaring the
true doctrine of the Constitution to be.
that no man can be convicted of treason
against the United States unless he is
proven by the testimony of two witnesses
TO the same overt act, of levying war
against the nation. or of adhering to its
enemies. In discharging this grave duty
he recognized fully the obloQuy to which
he was exposing himself mo man." he
said, lis DESTROYS of becoming the pecu-
liar subject of calumny. No man. might
he let the bitter cup pass from him with
out self-reproach, would drain it TO the
10 ha oh in fha
case, if there is no alternative presented
10 him but a dereliction of duty or the
opprobrium of those who are denominated
the world, he merits the contempt as we'll
as the Indignation of his country, who can
hesitate which to embrace"
In the years to come il will probably be
recognized that among his decisions none
will surpass in permanent material ad-
vantage that decision which determined
that the power to regulate commerce re-
sided exclusively in Congress and must be
kept inviolate from any intrusion by the
States. under any guise whatsoever He
refused to admit that any rights pos
sessed by the States may be used so as
to obstruct the free course of a power
given to Congress. I'VE cannot admit"
he said. lit may be used so as to OBJ
struct or defeat the power to regulate
commerce. 1t has been observed that
the pow ers remaining with the States may
be so exercised 9s to come in conflict
with those vested in Congress When
this happens that which is not supreme
must yield to that which is supreme
This great and universal truth is insepa-
rable from the nature of things, and the
has applied il to the often
powers of the General and
State Governments as vital principle of
perpetual obligation. No power of leg
islation in the States can be allowed to
restrain or interfere with any law which
Congress may constitutionally pass-it
cannot interfere with any regulation of
THE PART OF THE BAR.
In those arduous l21ors of evolving, year
by year, the true strength and grandeur of
The Constitution We must never forget the
part borne by the bar-among others by
Writ. and Dallas, and Dexter. by Pinckney
and Ogden and Mason, by Binney and Ser
seant by Livingston and Wheaton. by
Martin and Rodney and Rawle. by Taney
and by Webster; and the reciprocal conf
ience. regard and affection which existed
between the bench and the bar in those
memorable years OF our judicial history
should never be forgotten. Ii was only
such an atmosphere which could have en-
boldened Mr.. Writ to address a court of
law liz those words so often repeated and
so familiar to our ears, and it was not
only WITH courteous attention but with an
entire appreciation OF their beauty that
he court listened TO him when during tho
trial Of Burr he described. in his vivla
imagery the startling change in the ma
ure OF Blennerhassett from his not per-
hitting the winds of summer to visit his
wife too roughly TO allowing her Ito shiy-
er at midnight on the banks OF the Ohio |
and mingle her tears with the torrents
hat froze as they fell"
The Chief Justice has himself given us a
description of the enjoyment OF the court |
If Mr.. Plnckney's argument in the case /
If the Nereide: with a pencil dipped |
n the most vivid cGlors and guided by the |
iand of a master splendid portrait has |
1een drawn of a single figure, composed of |
he most discordant materials of peace and |
var. The skill of the artist was exdui- |
ite-the garb in which the figure was pre- |
ented was dazzling"
During MIR. Websters argument on be- |
lalf of Dartmouth College he faltered and |
aid: 1T is, as ! have said, a small col |
yet there are those who love |
t." and here the feelings which he had |
hus far succeeded in keeping down broke |
orth. Everyone saw IL was wholly I'M |
pressure on his heart |
which sought relief in tears. "Thc court |
Dom during those two or three minutes |
PRESENTED an extraordinary spectacle. |
'hief Justice Marshall. with his tall. |
md gaunt figure. bent over as if to catch |
he slightest whisper Mr. Justice Wash
ngton also leaned forward with an eager,
roubled look. and the remainder of the |
curt pressed, as it were. toward single
'Oint."
A LOFTY STANDARD
1t is quite apparent. from these in
tanees, that the conception of Chief JUS