The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-02-11
JOHN MARSHALL.
Ills Career as Viewed by
Judge w. h. Wilson.
Observation-Disclosures

la the series et biographies known as
"Ameroau Statesmen IN the 'I.sso Of
Thomas Jefferson by John r. Morse, ~,
! occurs the following passage IN reference to
,be closing hours Of President john Adan,S'
Standardization:
"on the evening OF March 3, 1901, be!ne
the last day Of federai.st domination in he
unNed States, the lunctionar.es of the mori-
hund pariy wcso busy IN no, very repu,a-
bic way. President Adams was ,niakinv fed
erAiist nominations to oniciai positions and
| send,rg them into the senate. which was
/ rapidly confirming them. and John Marshall,
secretary OF state, vas sleAlng commissions
| vita jealous dtspalch. The hour OF m.dngnt
| came upon him waite thus employed, ana
| DRAINAGE talo represents lev, I.lacoiu, who
Mas 10 be attorney general under Jenerson.
| waking Into Marsnahs ONCE With his watch
N his hand. and staying this process OF
| oh.ce nll.ng. precisely AT IL O'Clock, though
| many unsigned commissions stu lay on tao
| ,aole. ra.s behavior OF The fetesaists, says
ar, Morse, would have oeen aaaandsone
| enough under any circumstances. but was
| rendered doubly so By the fact that they
prviessed TO regard Jefferson as pledged not
! 20 Interfere with the persons whom he should
! md occupying governmental posts at his ae-
| cession, "
John Marshall, whom history shows TO
| have been o partisan foderalist poltclap,
had on the January 81 preceding (MS Jay,
| TO whom the position was hrsi offered, hav
,ng declined III been appointed chief tust,s
OF the United States. He took his seat Feb
| ruary 1. 1851, and carried TO that court along
! with ability OF & very high order very eS-
| trcme views on the political questions which
| m. KIT come before the court. His views
upon these questions being presented in his
pointed tor iife ard OF the same political
complexion as himself had weight and
coSency greater than they would have had
u submitted to tribunal OF moro Impair
ual complexion
Ia fact, With The election OF President JET.
ferson the federalist party went to pieces
aud tho democratic, or, rs " was then callod
The republican, party came into control Of
the government, which 4 managed to retain
| n the main for por.od .. nearly siNU
years. In the years immediately following
the adoption of the constitution she federal
govornmenb was weak. aud General Wash
ington who was moderate tederallst, an+
pointed 10 the federal bench men who were
IN favor Of strens henlng the powers OF The
federal gorerament--that IS. largely APP
pointed uen 81 his own political views as
TO tho structure az the government JONI
Adams. who succeeded han and Who was a
very extreme partisan, carried out 10 great
| or extent the same policy. The judges besus
the great political revolution which oc -uirod
on the election Of Mr. Jefferson did not have
It's due efcc n shaping the structure Of tho
government The supreme court had tic last
ssy-and s. being IN the nature OF oil gov
ernmcu;S 10 enlarge themselves aud seize
all powers necessary TO carry oHt The aim OF
M moTent, the judges here saepod the
devclol ncnt az the union Tho democrats
when IN power. Il they desired 20 carry y,
particular measure. have not hesi,ated TO
adopt the vicious judicial preeedeuis OF 'bclr
opponents. and preccdents whSch they made
the most nose IN opposing.
To fully understand tho extraordinary no
, iucal power Of the supreme court OF NE
United States We haze only todsy TO son
: o reflect that on the DECISIONS at thar court
to he shortly rendered depends tho questou
wheher the United ates IS 70 be Wholly .
, republic or one portion arepuhIeau or popu-
i,r snvarument and the halaaee an inpe,
; rial government governed by congress 1ad
the president. with taxation and Without
representation. Much shallow defamation
has been INDUCED In by speakers and writer's
on the Federal cousti' luton, hut Whatever the
merits Of that instrument land they are
great, all who have studied Ns origin, it'
language and the history OF It's Development
know shat II Is dull Of purposed Vaguanesi
AID generality: hat u was adopted as
compromise measure and has The merit OF
, political platform. that u can he interpreted
differently In different sections; and was IL
tact presented with very varying cOustruc
tons 70 the dfteren' States that adopted u
1'he consequence 81 thu, the supreme judge
= have generally on public questions construed
that instrument for construction rather tbs.
. Interpretation has more Of on been resortct
, vol according 10 their preconceiyed bias, ana
judges policies be ne known. his decsloI
could he predicted tfhis say only OF thu
I pol seal declsionsl
{ Judge Marshall, heing man Of bold
ing associates on the bench Of the same gen
orsl political views, and being wlthal a mat
!, Ike our own Hemph!l Of . great construc
. TIVE Imagination and .ntelligence--more o.
statesman than a lawyer-iound In th'
chief iustlceship an appropriate feld for thu
exercise OF his great abilities, The anbgu
y and general OF the instrument anordet
large scope FOR modelling OF ttN plastic
:, material OF the constitution, and toe cour
has from the start construed the const'tu
c ton not so much according 10 the fixed
Il If differentiation
;, pied IN courts of law as from what the!
y conceived 10 be the purposes OF hts adoption
;, shortpess uf tine prevents discussion o
:, the political dec.sous OF the court. w
o have IN our own time seen that court de
n clare that the United States government coulI
: issue paper money from the inherent soy
|. ere.gniy OF its government, though tho con
sAtutiun limits IT'S powers 10 those express ST.
given land the powers necessary to carry tn
express powers into enecti, and the powe
4 expressly given is 10 coin sold and silver.
Two decisions IN Mlrshalrs day OF the mos
e far reaching importance VIII be noticed. On
Z, of them blszed the way tor destroying IN
q coordinate soyere.gpiy OF the states; l1
other converted the government On effect
= from government OF delegated and llmtte
i powers INTO government OF general Jurls
- dictcn. Tho first case is what is known q
the Dartmouth college case, IN wh,ch tn
supreme court held that Ehon government
or state granted charter TO a private cor
pDrat0n 81 IN SO dong made "a contract
: with the corporation, Witch 50 called 'cun
: trac," was Hereafter projected by the claus
OF The Federal constitution. that no Stat
c can pass \ law nrpa.riug the Obligation O
= contracts" The special privileges conierre
BY a charter IN ght IN no Senss be q heneh
y TO tho State or Dc T.msnt 10 the incor
L pOrators; u Is nevertheless, according 20 III
opinion "a contract. ara Stste can hone
change It's own powers aud organiaatcB bu
is pUwerless 10 regulate or eItnguish IN
special privileges 81 may enoody, or cor
rupt.on Of is officers. AZ any time gran
m The creature is gtcsS-r than the creator
Many OF the Stairs nOH hase clauses Il
Their constitutions designed 90 ayold the Of
= fecis Of his decision, but J fear they haY
= but imperfecply accomplished The result
desired
g Tho supreme court itselE has IN some
It's late eases not bad The harGlSood To carr
10 tia legitimate results this decision; bu
az 20 freely realize Is perDlc.ouS results wn hny
Al only ~ remember that the supreme court
/ ne United States holds ihat a STATE ear
when 4, charters a corporation. grant ava
"a forever lis Tight Of taxing = or in property
: though the power 20 tex "a the one essen
tai hrsi o,anipnt o. gnreTument Itself
TIE srfond case which FOR far-reachlng n
liz ,.rt has NOT Us euusl In the de~irions % lht
l. rouri n the Csc of Mccuioeh vs. Marvlaat
a. fof,-yyIur ur ana en eFg.rg the doctrine
>. a ,rsyiots nese IN the MeCuii'eh case n
!, oues,ior aross as - the authority ~ -
ie Isee..,,l government 90 charter the Ola Uni'e
IN ste - hank--the iNst nit on afterwards d
ce sfroyei BY President JaeSsrn No eTnres
r newer was Delegated 10 the Federal gnTerr
nd mont 10 charter a bsnk bur yhc supf,nl
=, court held fhst rbc chaIterinE of he bqn
- vas "a necessary mems aud BrnpeT metr