Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-07

French government, that the sentiment
was expressed, which met with such
popular enthusiasm, OF millions for
defence. but not one cent for tributs.n
During Westinghouse administration,
Marshall had been offered seat m the
cabinet as attorney general, and an i'm
rortant foreign mission, both of which
positions he declined. In 1898, Adams
rendered him place as associate Justice
upon the Eench of the Supreme Court
of the United States, TO succeed Justice
Wilson. Upon bis declinatjon, the
President appointed Bushrod Washing
ton.
In lbs, at the personal solicitation
of OK President Washington, be became
candidate for Congress, in the lower
house. His election was strenuously
opposed by Jefferson and his party.
This opposition was wholly due to the
Federalistio opinions OF Marshall. One
OF the first duties which he had to GER
form in the House of Representatives
TO which be was elected, and which
convened in December 1893, was to an
nounce the death of his illusttious
chief and fiiend, Washington, 'the
hero, the patriot and tho sage of
America.
Lhb tihubpGG VI LIS RTthb uDuD
his associates in Congress is illustrated
by the fact that in his notable reply to
Gallatin, in the debate which arose in
the House of Representatives over the
surrender Of Jonathan Robins to the
British authorities, he made 80 con-
vincing an argument that Gallatin was
unable to respond. 1t is related that
during Marshall's speech, one of Gal
latiu's friends noticed that he ceased
taxing notes for his reply, and asked
him il he did not mean to speak. MIR.
Gallatin answered, 81 do not. "But
why not," asked his friend because
cannot" he replied. "If you can, l
wish you would. There is absolutely
no reply 10 make, for his speech is I'M
answerable.
In 1900, President Adams offered
Marshall a seat in his cabinet as Sec
rotary of War, which be declined. But
almost Immediately afterward he &C.
cepted the portfolio of Secretary of
State. Through the intricate maze OF
our foreign relations at this tim Mar
shall guided the nation most success
fully and to the entire satisfaction OF
his chief.
Very late 10 his administration, on
| the 3lst OF January, 1901, Presiden,
| Adams nominated Mr.. Marshall Chief
/ Justice of the United States. On the
4th OF February 100 years ago today,
| he took the oath of Office and his seat
upon the Supreme Court bench. For
about mouth, during the balance Of
Mr.. Adams term, he continued to act
as Secretary of State, in addition to
his duties as Chief Justice. He was
even invited by his ancient political
antagonist, Thomas Jefferson, after his
Inauguration as President. to continue
in the office of Secretary of State until
his successor was named.
1t is as Chief Justice of the Supreme
Court that John Marshall's fame
chiefly rests. In his "a years of service
as the controlling spirit OF the highest
judicial tribunal in the world, there ID
abundant material for eulogy and fol
undying historical celebrity.
1t has been said of him that he was
not, in the common acceptance OF the
phrase, learned in the law. He seems
to have been a thoughtful, rather than
afwide reader of the law. Jn the work
which he had to perform, mere prece
dents were not of chief importance,
As matter of fact, the path he trod
had few signposts, and In numerous
cases he trod path which he himself
marked out for the first time in the
history of the law. His training al
the bar, comparatively limited though
it must have been-owing to bis mul.
hilarious other duties-wa5 most nppro.
pirate to fit him for his judicial duties.
As practicing lawyer, as we'll as o
judge, he spent his professional life in
creating and formulating an American
Jurisprudence. His intellect was analyti.
cal and constructive, rather than tech.
nical, in its grasp of legal ideas. His
work as judge was OF the same class ae
that of Mansfield and Holt, and he
ranks an equal with them as q con.
structor Of law, and Trainer of o
system OF Jurisprudence.
Considering the possibilities which Q
narrow and restrictive construction Of
the Constitution at this critical period
might have imposed upon the life OIL
the nation, it must ever be a cause OF
national thanksgiving that Adams,
rather than Jefferson, had the appoint
ment OF Chief Justice at that stage Of
our history. By this fortunate circum
stance. Federal rather than Jeffer-
sonian Constitution was given this
great grant of governmental powers.
This is generally conceded to be true,
whatever may the sentiments of anyone
upon the abstract general question Of
strict or liberal construction of the Con
stitution.
To the test Of Marshall's judicial
touoh-stone, were first submitted many
essentially vital questions which 10.
yolvad the mutual intardependence oil
the different depar tments of the genera
government, and It's relation with the
States.
| In Marbury vs.. Madison, he had coca.
sion to define the jurisdiction of the
Supreme Court, and to assert Its power
and duty to set aside an act of Con,
gress, because of it's repugnance to the
Constitution.
In Fletcher vs. Peck be delivered al
opinion which declared an act of thu
State of Georgia to be void, as being
in violation of the Federal Consti.
tutional prohibition upon the States t.,
pass law impairing the obligation oil
contracts.
In the Dartmouth College case, he
declared charter of q corporation tc
y be contract with the granting State,
and that an act amending such d
charter was obnoxious to the same
constitutional prohibition against thu
impairment of the obligation of con
tract.
i In Mccullough ys. The State o.
Maryland, his opinion upheld the
power Of Congress to incorporate q
National Bank, and held that State
had no power to tax such govern.
mental agency.
In Cohen vs., State of Virginia, b.
held that the Supreme Court coulo
exercise jurisdiction when one of tins