The Portland daily press., 1901-02-05

htqh national character. IL - not Wltn-
ont Interest to add that our own Alma
Mater invoked sucoesstuliy tns ooosrsne @
OF this great case foP the protection OF her
chartered rights against Legislative action
BIZ the State OF Maine nearly seventy years
ano. when ths state attempted 20 ohanEs
the constitution OF Its boards and 90 ex-
erciss a direct infiusnce In the manaRe-
ment of it's affairs, and it is not less IN
tersstna co know that the frisnd and as
soelats a. MARSHALL tor more than twenty
years, on the Supreme bencn. tne
learned author Of the commentaries on
the Constitution, Judge Storey, delivered
the opinion In this case swhicn 1estorsu
Bowdoin oollsgs to Its ancient cnarter
anu privileges. 80. :,
virginia presented the important ques-
tion whether tine supreme Court could
exercise jurisdiction where one OF sne
partles was q stats and the otner citi-
zen OF the same state, and whether IN tne
exercise Of Its 1urifdlction IL couiu reYiss
the Judgment OF state court on qnes-
tion arising under the constitution ana
la,ya of the United States The court
held that 1t had jvrl'diction over both
questions and y 'arse OF mis- opln'
i'm the Chief ,Jns ed the following
memorable language "It 1.-THE Supreme
Court) 10 authorized to decide all cases OF
every description arising under the con-
stltution or laws of the United states.
From this general grant OF 1urisdiction
no exception is made Of those cases IN
which a state may te party. When we
consider the situation OF the government
Of the Union and OF ttateR In relation 10
each other, the nature of our constitutions
the suboruinAti0n OF the state govern
ments TO that constitution, the great
purpose for which jurisdiction over al
cases arising under the constitution ana
laws of the United States is oontded TO
the judicial depArtm ent are We at liberty
to insert In this general grant an excep-
tion of those cases In which state may
be a partyG VIII the spirit OF tbs oonstl'
tuition justify this attempt to control us
wordsg We think it will not. We think
a cass arising under the constitution or
laws OF the United States Is cognizahls in
the courts of the Union, whoever may ne
the parties to that case. The laws must
be executed by individuals acting within
several states. IL these individuals may
be exposed to penalties, and If the courts
Of the Union cannot correct the Juug-
ments by which these penalties may De
enforced, the course of the government
may be at any time arrested by the VIII
or one OF its members. zach memner
will possess a veto on she will OF the
whole
"Thet the Uuitsd States form for many
and for most important purposes, sin.
RAt natAOh ms ANb yct bcoA sAo0+c~
TneEe states are constituent parts OF the
United Statss They are members OF one
grest empire, for some purposes sovereign,
for some purpc sPs subordinate. In q
government so constituted rs IL unreas
onable that the judicial power should be
competent to give efficacy to the con
st'tntionaI laws of the legisl1tureY Thai
department can decide on the validity oi
the constitution or law OF IA state, II IL be
repugnant to the constitution or to Law
of the United States Is 1t unreasonable
that It should also be empowered TO de.
eide on the Judgment OF state tribunal
enforcing such upconstttuhio nal lawE Ii
IL SO very unreasonable as to furnish q
Justification Tor controlling the words OF
the constitution We think not
The exercise of the appellate power over
those Judgments OF the state tribunals
which may nontravene the constitution OF
laws OF the United States is, we believe
essential to the attainment OF those oo-
lects"
In 1907 Chief Justice Marshall presided
over the trial OF Aaron Burr, in the Cir
cult Court OF the United States In th'
| city OF Richmond, VIRGINIA, on an in
dictmeut for the crime of high Treason
in lsvying war against the United States
Burr had been vice pn 81 lent OF the
| United States, and had come within ont
vote OF beipg .eleeted. @as basn PRESIDENT
10
| ,uoa -.,.s sIttoIiy hated by the Fed
erallsts for causing the death OF thell
great leader. These and other acts had
brought him into disrepute, and his
restless ambition was seeking new fields
for its exercise, and he thought he had
on foot against the Spanish possessions
| lying TO the south OF the United States
In 1905 he made preparations fer the
| invasion and conquest of Mexico and
contracted Tor the Construc lon, on th(
Ohio river, OF q large number of trans
ports for the expedition, part of which
assembled at Blennerhassett Island In
he state of Virginia, where the maiI
derot of supplies and stores was estab
Iished. AT this point foroe OF somC
thirty or forty armed men assembled al
the nucleus or his future army. but fur.
ther operations were arrested by proc
lamation OF the President, denounoing
the scheme and ordering the arrest OF all
participants Burr among others WAS ar
rested and brought to Richmond fol
trial, and was defended by distinguished
counsel, including the late Attorney Gen
eral Randolph, and Luther Martin of
Maryland, The trial attracted a large
number of citizens, not only from Vir-
ginia, but from other states, and aroused
throughout the country great interest
and excitement. William Writ was en-
ploTed on a special retainer of President
Jefferson to aid the government nrosecu-
tor at the trial, and the pressure OF public
opinion was exerted to obtain a convio-
tion, which 1t was said the people OF
America demanded." Although Burr
was tried before man who was the
special friend of Hamilton. the scales OF
justice were held with an absolutely even
hand. The trainers OF the constitution,
remembering the judicial murders which
had bean committed in England under
the law of constructive treason, had wise
ly provided in the constitution that
"treason against the United States shall
consist only in levying war against them
or IN adhering to their enemies giving
them aid and comfort" and further pro
videu THAT no person shall be convicted
of treason unless on the testimony OF two
witnesses TO the same overt act or on con-
fsss!on In open court" The question to
be decided was whether the Assem- bling
of few armed men at Blennerhassett's
Island constituted ''levying of war"
against the United States. On this ques-
tion the Chief Justice charged the Jury
as foilows;-'An assemblage to consti-
tute an actual levying OF war should be
an assemblags with such force as to JUS
ttty tue opinion that they met for the