Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-05

to bear to secure its accomplishment,
we must regard the limitations upon
legislative power placed in our constitu-
ents as of the most beneticent pro-
visions in our system of government
and we must also regard the power of
the courts to nullify legislation that
~disregards these limits as a power to be
zealously defended.
In the case of McCulloch vs.. Maryland
the case that. fixed the constutionality
of the act c%hartering the bank of the
United States, the great chief Justice
develops in a masterful the
doctrine of the implied powers of the
federal government. l commend that de-
cision to the careful perusal of every
man and woman who desires, to under
stand the real basis upon which
our government rests. 1t is luminous.
As an essay upon constitutional
law its equal never was written.
Many other cases of vast national i'm
p%ortance might be mentioned. 1t is
hard to cease when there is 80 much to
commend.
But I wish to shift the scene a mo-
ment. In 1929, although occupying the
position of chief justice, John Marshall
was chosen as a member of the conven-
ton that met to revise the constitution
of Virginia. This convention was
unique in that it contained among it's
members the chief justice of the United
States and two ex.presidents, Madison
interested in the question Of the tenure
of judicial Offices. Upon that question
it is recorded that he spoke with the
feryor and almost the authority of an
APOSTLE" He no longer lived in the
hopes of the future but in the expert.
ence of the past. The great and active
form of youth was gone, his body was
bent, his movements slow, the flushing
face Of the young soldier had been
scanned with time and care and toll
the luxurant black hair had been
replaced bystraggling locks o fgray, only
the lustrions black eyes showed that che
soul of John Marshallstill looked through
their orbs. He said: "The judicial
department comes home in its effects tc
every mans fireside; it passes on his
property, his reputation, his life, his all
is it MOTTO the last degree important that
he should be rendered perfectly and com
pletely independent, with nothing tc
control him but God and his conscience
and he added: II have always thought
from my earliest youth until now, that
the greatest scourge an angry heaven
ever. inflicted upon an ~ungrateful and
a SHINING people vas an ignorant, a cor.
rupt or q dependent judiciary"
Would that these words might be on.
graved as with a pen Of fire upon the
heart Of every American voter. In the
ultimate analysis, upon your courts rests
not only your liberties but your country,
What matters it how perfect be your
constitution, how free your laws. II the
instrument of their enforcement be ig.
norant or corrupt then body politics is
sick unto death.
have not mentioned John Marshall's
domestic life. 1T was his boyhood
ornament. The oldest of fifteen children
he never had any alteration with broth.
or or sister. or him his father said the
son never caused him real anger. A de.
voted husband for more than fifty years.
His Wife's death preceded his. In his
own language "her sainted spirit fed
from the suferings of life.'' His respect
fog woman amounted to reverence. In
his presence the ribaId tongue was
hushed and the name Of woman sacred.
At the ripe e Of eighty years, racked
with pain but clear of mind his mighty
soul broke the shackles and returned to
its God. When he was born a favoring
Deity culled from the treasurehouse Of
heaven the choicest sentiments oi
domestic love, the rarest flowers
OF patriotic devotion, the brightest
Egems of genius and the sacred
gift of craftsmanship, and uniting them
in n person, placed upon his head an
immortal crown and stamped upon the
crown the name of John Marshall.