The Weekly Tallahasseean., 1901-02-07

peSlOe MS Oylng KING ana CRY OUT 10
the antagonistic mob, even as the
head fell from the body, ''Son of St.
Louis, ascend into heaven" They
forgot that womanhood in all its
sanctity had been violated; the beau
tiful Marie Antoinette dragged from
her palace at Versailles to a mouldy
dismal prison, a murderer made a
guard, pallet of straw given her for
a bed, filthy rags as covering for her
body, her darling boy, the infant
king, torn from her and given into
the custody of Simon, the shoemaker,
she being forced to listen to his
shrieks as bis keepers whipped him
into singing idiotic and indecent
songs, mercifully guillotined at last
on that magnificent square called the
'place of peace" and her body, as
the "widOw Capot," consigned to
the common sewer, ending the life of
a direct descendent of the Caesars on
the soaffOld, requiring of her the price
for being born a queen. all of these
outrages against civilization, good
government and religion were forgot
ten and the United States remem-
bered only that once France had been
their ally and clsmbered to assist her
against common enemy. But John
Marshall never turned his back on
public duty. With rare courage at a
public meeting in Virginia he de-
Tended the wisdom and policy of the
government in non-interference in
foreign affairs, and his argument in
favor of the proclamation anticipated
the judgment of the world.
The same simplicity which marked
him as child and patriot distin-
guished him as the great Chief-Jus
tice. As Judge his life was necessar-
lily one of thought and study, of much
retirement from the busy world.
Thus the strife and chickering's, the
jealousieS and treacheries, the heat
and passion of ambition reached not
his law lined library. As Mr.. Chief
Justice Waite said at the unveiling
of the Marshall monument at
Washington in 1884: lie
kept himself at the front on all ques-
tions of constitutional law, and con-
sequently his master hand appears in
every case which involved that sub
ject. He was engaged in laying
deep and strong the foundations on
which the jurisprudence of the
country has since been built. Hardly
q day now passes in the court he so
dignifed and adorned, without refer
ence to some decision of his time, as
establishing a principle which from
that day to this has been accepted as
undoubted law" During his service
on the bench there was handed down
l 1,lO6 opinions, nearly one-half of
which were delivered by! himself.
His fame rests on a score of his con-
stitutional decisions. 1t might be
well and instructive to quote pas
sage from few taken during differ
ent periods of his service Each onn
shows that his mind was ever alert
in watching and defending the con-
stitutiOn against encrOachment.
Before he was fifty he gave ex-
preston to the following opinion on
whether an act repugnant to the
Constitution can become the law of
the land. It was the first constitu-
tional question to be disposed of and
his expression from the bench was
all that could be desired.
at is proposition too plain to be
contested that the Constitution con-
trolls any legislative act repugnant to
it or that the Legislature can alter
the Constitution by ordinary act.
Between these alternatives there is
no middle ground. The Constitu-
ton is either superior paramount
law Interchangeable by ordinary means,
or it is on level with ordinary leg
islative acts, and, like other acts, is
altnrahln Uhon tho T,oOicloturo choU