Evening star., 1901-02-04


reason not only questions which merely
affect the relations Of the people one to an
other, but the great questions Of constitu-
tional law which from time to time come
before them.
Our judiciary possesses the esteem and
respect of the people and its DEGREES are
peaceably obeyed. What the Supreme
Court decides to be the law is the law and
| the people generally, the Congress and the
President abide by it's orders.
The position thus taken by the Supreme
Court, Its accuracy, the reasoning upon
which 1t is based and supported is due,
and admitted to be due, to John Marshall,
whose utterances in voicing the opinion of
the court exhibit the clearest and highest
| type of reasoning and amount almost to
intuition and provision.
Just before quitting the presidential Of
nee Mr.. Adams appointed as chief justice
| Mr.. Marshall, who had not before held
any Judicial position, though a lawyer and
statesman of renown. But here an
instance where the man was found for the
place. Great and vital questions were soon
to arise and did arise. John Marshall had
been in preparation for them and in the
fullness of time he came.
His prior training emnently fitted him
to preside over the deliberations Of the
Supreme Court He had been revolution
ary soldier, and helped to win the liberty
to preserve which the Constitution was
adopted He and James Madison by the
power of their intellect had wrung its
adoption from the people OF Virginia, des-
pite the opposition of such men as Pat
rick Henry and George Mason. He had
served in the House of Representatives
when the constitutional power of the Pres
ident and of the Congress had been fully
discussed. He had been an envoy to France
and there demeaned himself in trying mo-
ments so as to command the applause OF
political opponents He had sat In the
Presidents cabinet as Secretary OF state
Aside from the varied and various expert
ences thus gained giving him an insight
tLa cir Of
hidden springs of action, John Marshall
possessed innate mental qualities strength
ened by exercise and experience Whlch en-
abled him to bring to his judicial duties
a mind eminently fitted for deciding con-
tested and intricate questions. TO a re-
markable degree he could readily and
swiftly see the point In any question sep
arating the unessentlal ana unnecessary
from the essential and necessary. And yet,
withal, he would patiently listen TO that
which he better knew than the speaker
or knew was Incorrect, always iet'iiis
every one fairly present ms views.
A a member of the highest court IN tne
land the decisions of which were to blnd
all the people, and with absolutely noth-
ing before to guide him or TO assist MN MN
in coming to conclusions, John Marshail
nnnroached fearlessly the work Of expound-
ing the Constitution to his fellow cluZehs,
tn tell them what the trainers meant when
they adopted that instrument.
Cardinal Principles as Guides'
In this work two cardinal principles were
bis euides. that the Constitution was adopt
cd so as to enable the general government
20 MANAGE the affairs of the United states,
and that the plain meaning OF the "oros VI
the Constitution was to control. win
these two principles in mind the decisions
of the great chief Justice are luminous ana
form a comprehensive whole. He had 10
form a system, all the parts of which would
fit without contradiction. and he mad no
decisions of any court to AID MIN.
But by following the principles laid down
the decisions made by him are parts OF
harmonious whole. At the outset OF his
career as chief justice the Supreme Court
established Its authority as the eApounoef es
of the Constitution by deciding an act OF
Congress unconstitutional which purported
to give certain power to this very court
and the court would not assume the au-
In to the time of Marshalrs appointment.
some eleven years, less than one hundred
cases had been up before the supreme
Court, so light and unimportant had been
legal proceedings amid such a scattered
population, just recovering from wasting
war.
For thirty-four years John Marshall was
chief Justice of the United States, dying
July 6, 1885, The decisions of the Supreme
Court during his term Of office fill thirty
two volumes, and in nearly every case is
found the impress OF his mind, ana rare
was the occasion when he did not have
the support Of his colleagues. During this
length of time the Supreme Court, ami
mated and guided by his spirit, handed
down series of decisions upon various SUBJ
jects, those relating to constitutional ques-
tions being especially notable which have
challenged the admiration of the jurists of
the civilized world, and have been accepted
and followed as the law of the land.
Governed by Duty.
In his office as justice, whether in the
Supreme Court or acting in the circuit
court, which is court inferior to the
former, John Marshall was always gov
erned by what he deemed to be his duty,
and he applied the law as he understood 1t.
No better example of feariessness and
incorruptibility in the discharge of duty
may be cited to the youth of the land than
| the conduct Of Chief Justice Marshall in
| the trial Of Aaron Burr. This accomplished
and able man was tried in Richmond be-
| fore Chief Justice Marshall upon the charge
of treason. ALI the power Of the United
States government was used to~fnsure Mr..
Burr's conviction. But Chief Justice Mar
shall. unmoved by threats or catoier!es,