The Montgomery advertiser., 1901-09-26
THE, MAKERS
 OF THE NATION
By Clark Mills Brink, Ph.: D.t
. AHTICLE 4I.
 John Marshall. the. Great Jurist.

John Marshall, the Great Jurist. | Under the Articles of Confederation.
 which were adopted by the rebeiilous | colonies during the Revolutionary War | and which furnished the basis for the | government of the United states from
 the close of that struggle until f!S9, there was no means of enforcing obedience 10 | the decrces of Congress. Congress could recommend measures to the States, but I that was all To the States themselves l had to be left the work of carrying out the recommendatiens or not, as each do as Congress voted. others would not 1t needs no argument to prove that such a government was not noted for strength. To furnish a remedy for such condition the framers of tho Constitution provided for a system of Federal Courts that could call out, if need be. the forces of the National Government to enforce its de- arees. The judicial system was made branch of the government so-ordinate with the executive and legislative departments This system, extending throughout the States and empowered to define the pow CTS of Federal authority and to enforce it's decisions by Federal power, supplied the element needed to bring order cut of chaos" The importance of this sys- tenn cannot be over-estimated. Without 1t the Cor stitutior might have been wrecked before 1t was fairly launched; worked smoothly, harmoniously and con- sistently. Taking one year with another the decisions of these courts have been received as expressions of the soundest law the purest justice, the truest equity and the highest patriotism. AS the judges are not dependent upon the whims
 or partisan prejudices of the President for the permanence of their positions they constitute an Independent body. The Supreme Court of the United States IS "no respecter of persons" and comes as
 near being infallible as does any earthly
 tribunal. He who trusts his cause to
 the decision of this august body IS about as certain of receiving absolute justice as
 he can hope for until he shall stand pc- fore the great Judge or all .,,..,,s. ot It will be seen that the justices or
 these courts hold positions or great oig.
 nity and power. And they surely deserve
 all the honor the people can give them:
 higher minded company Of men, or
 equal learning in their chosen profession, of so lofty personal character, 1t would be hard to find on earth. If there is
 anything in our Government TOT anfn, whiSn we ,e
 is our judicial system, and the men who
 have, as judges, made that system what
 1t is This statement parseSSaaTy t sSa s,,nres ape
 Court. Note the list of noble men Who
 have rendered American jurisprudence
 illustrious: Jay, Rutledge, Ellsworth, Every true lover of his country has a
 right to walk with prouder heart when
 he can speak these names and say These
 are my countrymen. ,.u
 
 stands easily first for the extent and
 depth of the impress he made upon our
 institutions in their plastic years, by ms
 opinions defining nSaoh and interpret1hSg tns
 the Union as nation, one ana lnolVis-
 able.
 Marshall, like so many other distin-
 guished men in our early history. was py birth a Virginian. He was 2l years Of
 age when the Declaration of 1ndepend- ence was signed. Becoming a captain in
 the army he rendered valuable @ service; nd preferring the field of battle to the llte of the camp. At Iron Hill, at Brandy wine, at Germantown, at Monmouth. m son of Virginia, ready to fight valiantly with a strong hand and gay heart. There being more officers in proportion to the entire number of soldiers man ensrs ennsaIS
 Marshall being unwilling to remain where he was not needed. he resigned his com mission and studied law. As a practlc- ing lawyer he rose rapidly in his pro1es- sion. But his abilities were so great that he could not he left to the quiet life Of an attorney and counsellor. The people were accustomed in those days to send men of brains to transact public busi- ness and in 17SS we find him a member or the Virginia Convention. maintaininS that feature of the proposed Constltu- ton which provided for the Juolcial sys-
 Among members of the legal profession in Virginia during the early years or Marshalrs practice were such m men as l Wickham and Edmund Randolph, Wno | already had national reputation ne took rank at once with these as thelr equal, and soon came to be recognized | by them as the chief of all in acuteness and depth of mind and in the ability to discover at a glance the essential req lures of case and to staLe them wltn LII such marvellous lucidity and force as to leave nothing more to be desired.
 In the Virginia Convention of lIsS, cal ed to consider the question whether VT tuition, there existed strong opposition to the proposed Government. Patrick Hen ", George Mason and William Grayson were the leaders of those Tn opposifelon, were such giants as James Madison, Ed nund Randolph. James Innes, second m eloquence to Henry himself. and John Marshall. Such an array or learning eloquence and genius marshaled in con fliot over such a momentous question stirred the "Old Dominion to Its centre and attracted visitors from all direGtions;; Marshall was by nature and habits or thought in favor of a stronger govern ment. He had observed the weakness and ineficiency of the confederation, ana had reached the conclusion that there was no hope in the continuance of that system. He directed his arguments mainly against the speech of Patrick Henry Two men more unlike In debate 1t would De hard to find. Henry was the unrivaled popular orator-full of intensity passion, impetuosity; a Niagara whose headlong flow nothing could check or turn aside; a Vesuvius whose thunders shook the earth and whose flames lighted the heavens with terrible splendor.
 Marshall. on the other hand was not noted for imagination or intensity of feel | ing. He rather grasped the thought with | the strength of a giant and held 1t re- rentlessly up to view, analysing 1t and | showing It's relations to the main sub | ject so clearly and so forcibly that when | he had finished the nearer was certain | to feel that. granting Marshalrs premises l his conclusions were inevitable. It is | easy to see that his appeals were not to | passion or prejudice. but solely to the | Judgment. His methods were altogether | intellectual. It would be far from true l -nrzn nrnnn