The Savannah morning news., 1901-02-05

tunes of Marshall were more immediate.
In the summer of 1898 he was rendered
the position OF associate justice OF the
Supreme Court A member of Mr.. Adams
cabinet was disposed TO prefer Bushrod
Washington. nephew of the 'cx-Presi-
dent, but Mr. Adams wrote of Marshall;
He has raised the American people in
their own esteem and If the influence of
truth and just reasoned argument is not
lost in Europe he has raised the Consid-
era tion OF the United States in that quar-
ter. The appointment was made but it
was declined 1t is said that a controlling
reason for this declnation was the earn
est solicitation of Washington that Mar
shall should accept candidacy for Con
sress.
His Election TO Congress.
MIR. Marshalls reelection to Congress
was warmly opposed by Mr. Jefferson
and his party. The contest was a severe
one. 1t was industriously circulated that
Patrick Henry. who belonged to the JET
ferson party and whose name was a pill
lar of strength throughout the state, WAS
opposed to Marshalrs election. But this
noble Nrginian betrayed a magnanimity
aud patriotism which the politicians OF
the present day might often initiate with
profit to the country. Mr.. Henry at once
wrote to friend in Richmond
John Marshall and his colleagues OK
hibited the American character as respect
able. France, in the, period of her most
triumphant fortune, beheld them as I'M
appalled,. Tell Marshall | love him
because he felt and acted as repubn-
can, as am American j really should
give him my vote for Congress preferably
to any citizen in the state at this juno
ture. one only excepted and that one Is
in another line That one was Washing
ton
MI Marshall was elected. Congress
convened and one of his first duties was
to announce in the House the death Il
the hero. the patriot and The sage Of
America On the 10Th of December. 1888,
with suppressed voice and deep emot ton,
Mr. Marshall addressed the chair aud in
formed the country that Washington lives
now only in his own great actions, and
i'm the hearts of an affectionate and af-
aicted people. He proceeded TO offer the
resolutions prepared by Gen. Henry Lee.
the famous Light Horse Harry OF the
Revolution. the son Of Washington Low
land beauty and the father OF our own
immortal Robert Edward Lee. Those res
olutions contained those imperishable
words. First ia war. first in peace. and
first in the hearts Of his countrymen.
Accession TO Supreme Bench.
"On the reorganization OF air Adams
cabinet. Mr. Marshall was nominated as
Secretary of War. This he declined. but
Mr.. Pickering having been removed by
the President from the State Department.
Mr.. Marshall accepted that position and
while holding this Office, on the 3lst or
January. 1901, a little more than one
month before the expiration of the Adams
presidential term, he was appointed chiet
Justice. and this day, 100 years ago IN
liz first session at the new Federal city,
he took The oath of Office and his seat on
the bench of the Supreme Court OF the
United States.
at is universally known that as Chief
Tustiee Of the Supreme Court Marshall
wen his greatest fame and made an inn
nress lpon the fortunes OF the nation
which will not perish from the memory
Of men as long az the science OF govern
ment survives.
From his youth upward to quote the
stately periods Of the eloquent Binney' ne
had been engaged liz various stations ami
offices tending successfully to corroborate
his health, to expand his affections 10
develop his mind, to enrich 1t with inc
stores of legal science, to familiarize 1t
with public affairs and with the princi-
pies OF the constitution, and before little
more than half his life had run out pro-
ducfng from the materials supplied by
most bountiful nature a eonsummaH work
pre-eminentIy fitted for the judicial de-
partment Of the federal government
From the history We have already given
of this great American, it Is clear enough
that he had enjoyed no opportunity 10
become Il very learned man. His mind
al
ilv laden. This seems to have been fully
known 10 his contemporaries. His mind
said Francis w Gilmer, in his Sketches
and Essays ON Public Character is not
very richly stored with knowledge, but
IL IS 50 created, so well-organized by ma
ture OF disciplined by carly education ana
constant habits OF systematic thinking
that he embraces every subject with the
clearness aud ability Of one prepared by
previous study to comprehend and ex-
plain H.
dignity of supreme Court.
'rhe august court of which he was
now the chief Judge Is purely an Ameri-
can creation. Early IN it, history it was
said by DeTocquevllle: "A more imposing
judicial power was never constituted by
any people. The Supreme Court Is placed
81 the head Of all known tribunals both
by the nature OF rs rights and the classes
of justiciable parties which Il controls.
It's majestic hnal jurisdiction, particular
ly to aunul legislation not warranted by
the constitution. has been os impressive
to the political philosopher. a. beneiicent
to the great republic. This feature Of
our judicial system, exercised not only By
the federal but by the state courts. with
anal appeal 90 The Supreme Court OF the
United states. wis startling 10 the ab-o-
luliam or tho world. EugiAnds highest
court of Justice MAY not arrest fne oper-
ntion nf an uct ot Parliament. even
though d be- in violation ~ Magma Char
ta, 30 WIS reserved said Edward J..
Phelps" for the American constitution