The sun. (Wilmington, Del.) 1897-19??, 1901-02-05
government. and its relation with the

government, and Its relation with the
states.
In Marbury VS.. Madison, he had occa.
sion to define the jurisdiction of the
Supreme Court, and to assert its power
and duty to set aside an act of Congress-
because Of its repugnance to the consti-
tuition.
In Fletcher VS.. Peck he delivered an
opinion which declared an act of the
State of Georgia to be void, as being
in violation of the Federal constitutional
prohibition upon the State to pass a law
imparing the obligation of contracts.
In the Dartmouth College case, he
declared charter of corporation to
be contract with the granting State,
and that an act amending such a char
ter was obnoxious to the same constitu-
ton prohibiting against the impairment
OF the obligation of contract.
In Mccullough VS.. The State of Mary.
land, his opinion upheld the power OF
Congress to incorporate National Bank
and held that State had no power to
tax such governmental agency.
In Cohen VS.. State of Virginia, he held
that the Supreme Court could exercise
jurisdiction when one of the parties was
u State and the other was a citizen of
that State, and that such court could
revise the judgment of State court
in a case arising under the constitution,
laws, and treaties Of the United States.
These and many other questions were
settled by him, in the way that ex-
perience has shown the essentially right
way.
lie presided at the trial of Aaron. Burr
a N hn Of en-,
tecum to President jefferson again
demonstrated the frmness of his will
to do what he deemed legally right, even
when he thereby provoked the wrath of
the Chief Executive.
While on the bench he found time,
at the solicitation of Judge Bushrod
Washington, nephew of the first Presi-
dent to write his life of Washington.
John Marshall died in Philadelphia
on the 9Th day Of July, 1885, in the S0th
year of his age. His public life had been
so enlinently useful and his private life
so attractive, that his death was uni
yersally lamented.
In receiving the memorial, Chief JUS
tice Charles Il. Lore said.
Chief Justice Marshall occupies nm
unique place, in the establishment of
Constitutional government. As it came
from the hands of its trainers, the con-
stitution of the United States, was only
an enumeration of the basal principals
underlying the life Of free self-govern-
ing people. Wisely conceived, broadly
framed, and of marvellous adaptability
to the changing conditions of human
development !; still it was not self-execut-
ing. The power to construe its pro-
visions and adapt them to the needs OF
our national life, was vital one, and
was wisely vested in the Supreme Court.
Happily i'll the critical and crucial period
Of its needful Interpretation John Mar
:hall was Chief Justice. His masterfrl
mind disposed Of grave constitutional
questions as they arose, with such pre-
science breadth and wisdom, as to COM
mand the admiration and best of all the
approval OF all good men. He laid the
foundation upon which our Federal sys-
tenn of Jurisprudence rests. 1t is a
foundation broad and deep and strong.
Ills work is just as vital to our we'll
being as that Of Washington. We are
never so safe as when following his lead.
II would seem that in the Divine econ
Dmy, he was the man Of the hour for the
place"
Court adjourned for the day out OF re-
'pect to Marshall's memory.
DINNER LAST NIGHT.
The New Castle County Bar Associa-
ion gave dinner at the Clayton House
asst night. John Bassett Moore of New
York was among the guests. Toasts
we're responded to as follows:
John Marshall" John Bassett Moore.
THE Federal Judiciary" Judge George
Gray.
1.-The State Judiciary" Judge james
.ennewill.
The Bar of New Castle County"
Levi e. Bird.
The Bar of Kent County" Henry
.idgely
The Bar of Sussex County," Charles
richards.