Mexico weekly ledger., 1901-02-07

Constitution into a means Of main
tanning IL d
Whan be began his judicial career,
the Constitution Was a mere outline
q government The principles ia It
remained 70 be developed. As has
been sid be found il paperand turned
LAT into power; be found il a skeleton
and clothed il with flesh and blood.
Early in his career be decided that
q legislative act CONTRARY to the Con-
stitution isn0t a law He established
thar the supreme Court is the CON-
mon arhiter between the different
bodies existing under IL; that the
( United states constitutes q nation;
that The Constitution Of the United
states Is the supreme law Of the land
and that state laws in conflict with IL
arr vol6; that the Commerce clause e.
the Constitution established free
trade and an unrestricted commerce
between the states
Though a liberal oonstructiouiSt
and opposed 10 The narroW views Of
the strict conSurnetioaists be vas not
an extremist He has been more
pr1perly termed a fair oouStructionist
He said. The Government Of the
/ Union IS a government Of the people;
liz eneuates FROM them its powers are
granted by them and are 70 be exer-
cissd On them and for their benefit
The Government q The Union, though
limited in It's power, isSupreme within
its sphere Of action, and its laws, when
made in pursuance Of the Constitu-
ZION, form the supreme law Of the
land"
When he became Chief Justice but
two decisions un Constitutional law
had been made. During the time
that be was upon the bench siKtyone
were pronounced - thirty-four from
his own pen and only, in one instance,
Ion a Constitutional question, vas he
on the side Of the minority. 1t can
nov be stated upon eminentauth0rity
that the view which Marshall took in
this case is approved by professional
opinion
Nj. Bryce, in The AHrjoaH Com
m0Hpsahk discussing the principles
Of his decisions their philosophical
breadth and the ~exactneSs Of their
reasoning, says they "have never been
surpassed and rarely equalled by the
most famous iurists Of modern Europe
OF ancient Rome
At the time Of his death the Bar
OF Charleston, South Carolina, by its
resolutions Of respect TO him, voiced
the sentiment Of the legal profession
throughout the whole country when
it said: His high judicial station was
equally above envy and reproach, and
the honor Of Official dignity was en-
HANGED and ennobled by his intrinsic
worth and personal merit. Though
his authority as Chief Justice Of the
United States was prOtracted far be-
yuDd the ordidary term Of public life
no man dared to covet his place or
express a wish to see it filed by
another. Even the spirit Of party
respected the unsullied purity Of the
judge. and the fame Of the Chief
Justice has justified the wisdom OF
the Constitution and reconciled the
Jealousy Of freedom TO the indepen-
dence Of the judiciary"
Judge John y. Dillon, addressing
the American Bar Association in 1884,
said Of him: ''Marshall's judgments
upon the National Constitution are
among the most original and massive
works Of the human reason. They
are almost as important as the texts
Of Constitution which they expound.
Some Of them were, indeed, criticised
al the time, but they have immovably
established themselves as right in the
general judgmet Of lawyers, public
men and the people. Although charg-
Is in political parties have been re-
1ected in the personnel Of the Bench
-althoug unforeseen crises in the
national life have been reached and
paSsed-it is remarkable that on not
one Of his many judgments has been
written the word Oyer-ruled,' and
equally remarkable that no existing
political party proclaims or holds !
tenets or doctrines inconsistent with
the principles on which those judg-
ments rest"
Senator Benton, Of Missouri, writing
Of Marshall twenty years after his
death, said: 'He was supremely fitted
for his high judicial station-a solid
judgment, great reasoning powers
acute and penetrating mind, with
manners and habits to suit the purity
and the sancity Of the Ermine: atten-
tive, patient, laborious: grave on the
bench, social in intercourse Of life,
simple in his tastes and i~nexorbly
just"
Marshall saw in the Constitution
the power and authority TO protect
and perpetuate the National Govern
ment and developed II into a means
for the preservation Of liberty
through the order Of society, and his
name will be reyered so long as men
love liberty and reverence law.
GEORGE ROBERTSON.
AE Rnrch q IadannIn ~ a.