The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-02-04


agent OF thirteen independent sovereign
ties, "hicfs had delegated to such agent
certain strictly defined powers, which the
STATES were a. liberty to abrogate or with
draw, at their Own good viii and pleasure
& MOmentous Issue.
1t is now universally realized that the
decision of the question thus distinctly
, put in issue was one OF the most impor-
tant ever submitted to human judgment;
and if it is regarded rs an accident that
at such crisis in the history Of free in
sututions John Marshall was chosen to be
Chief Justice of The Supreme Court of the
| United States. then chance was as wise
| and iar-seeing as any divine guidance of
the nation could have been
Mr.. Webster wrote of him years after
ward, 4 have never seen a man of whose
| intellect l have d higher opinion and
| his intellect never served him to better
purpose than when he declared the wise
and moderate doctrine that the Coustitu-
ton should not have either a strict or a
liberal construction, but one giving the
natural and ordinary effect 10 its words
He said The Intention of the instrument
must prevail This intention must be
gathered from its words It's words are to
/ be understood in that sense in which they
are generally used by those for whom the
/ instrument was intended, and those pro-
visions are neither to be restricted into
| insignifcanoe nor extended to objects not
comPrehended in them, nor contemplated
/ by its trainers"
| To these memorable words are to be
added these others equally memorable:
/ That this court dares not usurp power
/ Is most true. That this court dares not
/ shrink from its duty is not less true
/ and these declarations guided him. as
/ with beacon lights, through his entire
/ Judicial career. Of these propositions no
/ criticism could really be offered nor from
/ them was any appeal to either passion
| or prejudice possible They enabled the
! Chief Justice TO rear upon them that en-
! during structure of the true meaning OF
! the Constitution which is among the most
! priceless possessions of our inheritance
1 and which VIII enable coming genera
! lions TO enjoy our privilege of living
! under a government of liberty regulated
! by law.
An Instance of His Strength.
! soon after Mr.. MarshaHs entrance
upon the duties Of Chief Justice the su-
/ preme Court was confronted with one of
/ the most important questions ever sub
( mitted to any tribunal for decision: Was
/ the extent and scope Of the limitations
{ the Constitution imposed upon the "a
/ thority of the legislative department of
. the Government of the United States to
be determined by its judicial deDartmentq
! Might the latter declare null and void, as
/ IN conflict with such limitations. a law
: deliberately enacted by the former Many
strong reasons existed for supposiug this
could not have been intended One was
| because all legislative authority was ex-
FressIy vested in Congress. Another was
because the members OF Congress reure-
sented the people and held direct and
explicit mandates from them renewed AT
DfleHy recurring intervals, to enact such
laws as they judged TO be wise and nee
essaTy. On the contrary. the Justices of
the Supreme Court were the nominees of
the President, and enjoyed tenure Of Office
during their lives.
The assertion that the latter we're at
liberty tO-annuI and set aside the legisIa-
/ Ji0n enacted by the former seemed to
{ many ardent and sincere patriots a prom
/ OStLIou destructive Of the division Of the
powers OF he Government into three de-
paFLneulS OF coordinate dignity and au-
/ thority. But listen 10 the calm and re-
sIstless strength with which the Chief
Justice established on impregnable found
! alohs the true doctrine: The question
whether an act reFugIant 10 the Copssi-
/ tuition can become a law Of the land is a
/ question deeply Interesting to the United
/ States but h"Fpily not OF an Intricacv BRO
Poftloned TO rs interest. II an acC of The
/ legislature repugnanL TO the Constitution
| IS void does il notwithstanding its inva-
hdlty ptnd the courts and obIige them TO
give II efJecty Or in other words though
Il De not law. does 1t constitute q rule
/ as operative as il 1t was 4 law? This
would De 10 overthrow In fact what was
/ established in theory and would seem al
Al an rrT-rlfr ~
On II shall. however, receive a more AZ
tentiFe consideration. Il is ernphaticaIIv
the province and duty OF the judicial de-
partment to say what the law is If two
/ laws conflict with each other the courts
must decide on the operation of each So
II d law be IN opposition to the Constjtu
ZION, II both the law and Constitution an
ply TO particula. case. so that the colIrt
must either decide that case confornabIv
20 the la" dlsregarding the Constitution
or c0nfoTmably 10 the Constitution disre
safdinS the Law, the court must determine
"Aith OF these conflicting rules governs
the case. That Is Of the very essence NJ
judicial duty II then the courts are %
regard the Constitution, and the Consti-
tuition IS superior 10 any ordinary act NJ
the Legislature the Constitution ana not
snch ordinary act. must govern the case
10 which they both apply
The President aud the Inv.
In deciding that the judicial authority
Of the court extended TO the issuing of
process 10 the President, he settled for all
time the subsection Of the head of rho
Executive Department TO The !av. and he
"f;ectually disposed of the argument that
as the King Of Great Britain was not s,,b-
jet TO such process the President of the
United States ought not 10 be. BY saving
'Of the many points of difference which /
exist between the first magistrate of Eng
land and the First Magistrate of The Uni
ted states. IN respect 70 the personal dig
nlty conferred on Them by the constftrI- (
lions OF their respective nations. the court
VIII only select two 1t is a principle Of
the English Constitution that the King
can do no wrong: that no blame can ne {
imputed to him. dat he cannot be named /
IN debate By the Constitution of the Uni
tea states the President as we'll as every /
other officer Of the Government NAV be /
lmpeached and may be removed from Of /
ice for high crimes and Inisdemeanors.
BY the constitution of Great Britain the
crown IS hereditary and the monarch can /
never be a subject By the Constitution Of /,
the t1Ited States the President is elected
from The mass Of the people. and on the
"NplraJiOn OF the tine for which he is
= he returns to the mass of the
:u
# reasoning equally ire
he lawfulneS5 Of the /
- Of the Cabi- /
.-fs. The (
been