The Portland daily press., 1901-02-19

IN tts Iieht He examines tne intricaoles
OF n subject with calm and nersevering
ciroumspscti0n, and unrHvels the mys-
teries with Irresistible acuteness.
soon after his death, IN a formal article
in the North American Review, ne thus
anHlyzea his characters
"Mhen can we expect to be permitted
TO behold again 40 much modorf tton
IN { I'd with SO much nrmness, so rauoh
snRaoity with so much mode t., so much
learning with so much experience, so
much solid wisdom with so much par ty,
so much OF every ling TO love and ad-
mire, wit nothi ng, absolutely nothing,
to regretg Mhgt Indeed, strikes as as
the most remarkable in his whole charac-
ter, even more than his splendid talents,
is the entire eonsistsn1y Of his public life
and principles. There Is nothing IL
either which calls Tor apology or conceal
ment Ambition has never seduced him
from his principles, nor popular oinmor
deferred him from the stritt performance
OF drt7. Amid the extravRgances OF
pai ty spirit, he has stood With o calm
ana STEADY infiexibility; neither bending
TO the pressure of adversely, nor bounding
with the elasticity of success. He has
lived, as such man should live (snd
y, t, how few des rte the commendationl }
by and with his principles Whatever
changes Of opinion nave occurred, In the
courHe of his long life, have been gradual
ana GLOW; the results OF genius acting
upon larger materials. and of Judgment
ma tured by tae lessons OF experience. IL
we were tempted to say, in one word,
what Il was in which he chiefly excelieu
other men, we should say In wisdom; IN
the union OF that viltue, which has
ripened under the hardy discipline OF
principles, with that knowledge, which
has constantly sifted and refined It's OLD
treasures, and as constantly gathered
new"
"Bnt int srestlng as It Is to oontem-
plate such a man In his public nhRrattsr
and official iun6tlons, there are those
who dwell with far more delight upon his
private and dolneitlo qualities. There are
few great men, TO whom one is Brought
near, however dazzling may be their
taler tl or actions, who are not thereby
painfully din inished in the eft.mate OF
these who approach them. Ih, mist OF
distancs sometimes gives looming 81 re
TO their character; but more 9itsn oon-
oeals It's defects, 10 bs amiable, as well
as great; to be Kind, gentle, simple, mod
est and social, and at the same time to
possess the Iarest endowments nr mind,
ami the warnest affections Is n union OF
qualities, which the fancy may fondly
portray but the sober realities of life
rarely establish. Yet It may be affirmed
by those who have had the privilege Of
intimacy with MIR. Chief Justics Mar
shall, thst he Rises rather than fails,
with the nearest survey; and that In the
dohaes tio circle he Is exactly what wife,
a child, a brother ana n friend would
most desire, In that magical circle, ad-
miration Of his talents is forgotten, in
the indulgence OF those affections anc
sensibilities which ara awakened only to
be grs tined. More might be- said with
truth II we were not aumonished that he
is yet living, and his delioacy might be
wounded by any attempt ID MI up the
outline of bis more private life.
Marshall died on the sixth OF July, 1885.
In the previous month, story, antioipa
ing his end, wrote Of him in most express
i've terms:
gen tleness, his affecsionateness, his glort-
GUS virtues, his unblemished life, his ex-
alted talents, leave him without rival or
a peer"
Az these expressions cover alike per-
sonal traits and judicial attachments and
powers, we win not venture to touch up
with our brush this CON piete portrait
painted by a master hand; but we Will
briefly point out the Dermaneucy OF the
victory which Marshall won.
AS we have already suggested, his
struggle was against Jetfersonianfsm
ana here we Will define what we mean
BY JefferEonisnism for the purpose of this
address We lay aside those fictitious Is
sues, made through Misunderstanding
or INTERPRETATIONS Of the position of
the constitutionalists, including Wash
ington and Marshall. We also lay aside
jefferson S enormous contribution to the
general "leavening OF the lump as To
which nothing distinctly Jetfersonian
remains, and as to which the inftlRtnry
movements, aR usually happen, were like
the Hood which precedes the visibls turn
ing Of the tide; so that what Is added by
this individual, or that one, Is not com
putabIe. We limit our definition to that
class of theories which were peculiar To
the Virginia oabal, and which found ex-
preston in the kentucky ReeoIuttons,
and in the action of the Court OF Appeals
of Virginia, defying the mandate OF the
Supreme Court of the United states. All
these, SO far as the federal courts are con.
osrned, were in effect crushed in 1916,
under the judicial presidency of Mar
shall In the famous Judgment Of Martin
against Hunter, wherein 1t was unani-
mously declared determined that the Su.
preme Court Is the finaI arbiter as to the
extent of federal constitutional powers,
and that the state tribunals must Yield tC
| its arbitrament. This Jeffersouianisnl
was, indeed, notification. In 1923, Story
who began as a Jeffersonian Republican,
writes: "Mr4 Jefferson stands at the had
of the enemy of the Judiciary, ana
doubt not will leave behind him a numer-
Gus progeny bred In the same school,"
Jefferson confessed himself In his letter
| to Ritchie, wherein he wrote:
"Ihe judiciary OF the United States Is
subtle corps OF sappers and miners. CON
stantly working underground to under
mine the foundations OF our confederate
| fabric" IAN opinion is huddled up In
conolave. perhaps by a majority OF one
delivered as II unanimous, and with the
| silent acquiescence OF lazy and timid as.
sooiates, by a crafty chief judge who So
phieticates the law to his mind by ths
! turn OF his own reasoning"
Jefferson hostility betrayed Marshal
into his only unjudioial act, in Marbury
against Madison, where the court went al
far beyond its Jurisdiction as it afterwarC
did In ths case OF bred Scott. OF this,
McMaster, in his History OF the People o.
the United States, says:
''Ihe court and the President were al
war. The issue Was promptly accepted
and Chief Justice Marshall hurled back 9
| defiance from the Supreme bench Th,
opportunity for this defiance was afforded
by the famous case of Marbury agains
Madison" "When Jefferson read thI
decision he was more incensed against th'
court than ever. Inc bold language IL
which the Chief Justice had defined ths
executive power, had set forth the ex