The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-05

common law. equity, maritime law, the
law of Admiralty and prize. and. in some
degree. the civil law OF Spain ana OF
France. Beyond all this, the lurlSdlclloii
of his court extended to constitutional
law. in :. more comprehensive sense than
ever belonged to the courts of any other
country In England there is no Ia" OF
higher sanction than an act Oh farhi-
ment: and Parliament has uncontroiled
power to change or to repeal even Might
Charta It is otherwise in this country
lone of the earliest and most important
judgments of Marshall is Marbury against
Madison, decided in 1903. in which the
paramount obligation of the Constitution
over all ordinary statutes was declared
and established by course of reasoning
which may be indicated by a few eX-
tracts from the opinion"
SOME GREAT CASES
The speaker quoted at some length
from the decision, and said:
I'm the light of experience, it is curious
to look back upon the doubt and apprc-
hension entertained by some of the North
ern Federalists with regard to Marshall
shortly before he became Chief Justice.
For instance, on the 18th OF December.
1893. when he had just entered the House
OF Representatives. Oliver Woicott. then
Secretary of the Treasury under Presi-
s..
doubtless a man of virtue and distinguish
ed talents; but he Will think much of the
State of Virginia and is too much dis
posad 10 govern the world according to
rules of logic; he will read and eXpound
the Constitution as If II were a pena4
statute. and will sometimes be embar-
raised with doubts OF which his friends
will not perceive the Importance
WHY should he not think much of the
s,.,y1 40
Union had produced such a galaxy OF
great men? And what American, worthy
OF the name does not cherish affection
for the State of his birth and his home:
But such an affection for ones own state
is by no means Incompatible with a para
mount allegiance and devotion to the
United States as ones country There is
no more striking illustration of this truth
than Chief Justice Marshall himself
at was upon writs of error to the nigh
est court of Virginia in which a decision
in the case could be had-at first IN 1915.
in the case of Martin against Hunters
Lessee a case between private lndlVid-
uals; and afterwards in 1921 in the case
OF Cohens against Virginia, Grim
prosecution instituted by the State-that
the Supreme Court, under the lead OF
Chief Justice Marshall, upheld and estab-
lished its appellate jurisd. ction. under the
Constitution and the Judiciary Act. to re-
view the judgment OF the STATE court
against a right claimed under the Consti-
tuition or the laws of the United States
In the first case indeed. perhaps because
It came from his own State. he allowed
MIR. Justice Story to draw up the opinion
of the court But in the second case he
himself expressed the unanimous conciu-
sion of the-court in one of his most elab-
crate and most powerful judgments
1.-The idea that he would read and eX-
pound the Constitution as If 1t We're
penal statute seems now almost iuc'-
crous. Take. for instance his judgments
in the cases of McCulloch against Mary
land in 1919, and of Witberger in 1920 In
NSiltberger's case he clearly stated the
reasons and the limits of the rue that
penal statutes are to be construed street
~. But in McCulloch's case. when deal
ing with the question what powers may he
implied frcm the express grants TO Con-
greSs in the Constitution, he said: a con-
stitution. to contain an accurate deta Oh
all the subdivisions of which It's Srcas
powers will admit. and OF all the means
bv which they may be carried into eXec''-
ton would partake of the prollS2ty OF a
legal code and could hardly lie embrac2d
By the human mind. 1t would pro3aoiS
never be understood b. the PUBIC Us
nature therefore, requires. that only LIS
great outlines should be marked, Its m
portaat objects designated. and the m nor
ingredients which compose those objects
be deduced from the nature Of the obj 7c.s
themselves. That this idea was entertain
ed by the trainers OF the American Con-
s,itution, is not only to be inferred from
the nature of the instrument. but from
the language.
Justice Gray mentioned that One IS ap:
to forge; that Mr.. Justice. Story was
originally a Der ccrat and was ao2noint-
ed to the court by James Aladistn.
Democratic President. He soon became Il
devoted 'adhererst of Chief Justice Mar
shall. and fully recognized his leader
saiH''
FROM JOHN QUINCY ADAMS
Tlaa speaker quoted as follows from the
diary Of John Quincy ADAMS. Of july 10.
1875:
{" John Nars.al! Chief Justice of the
Monday. ;,le ith Instant He was one OF
The NEST eminent ns2 that tbs Country
has eyer produced, He has held this app
rcint:neGt thfriy-sive years. Ii. WAS ul,e
last act OF my fathers administration.
and one of the NEST important services rem
dered by HIM 10 his country. All consti-
tntional governments are flexible things:
aud as tiie Supreme judicial Court. is the
tribunal OF last resort for the const-uc-
ton OF she Constitution and the laws, the
Office of Chief Justice of that court Is a
station of the highest trust Of the deepest
responsibility. and OF lnfiuence far more
extensive than that Of the President of