The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-05

MIR. Marshalrs next public service was
as a member of the last Congress which
sat In Philadelphia. meeting in December.
1879, and which body. so competent judge
as Horace Binney has declared. was per-
haps never excelled in the number of its
accomplished debaters or in the spirit for
which they contended for the prize of the
public appreciation" In announcing the
death of Washington, Mr.. Marshall seems
to have anticipated in some degree the
doctrine afterward associated with the
name of President Monroe. He declared
that Washington was the hero. the pa
triot, and the sage of America, and that
more than any other agency he had con-
tributed to found his wide spreading En-
pire, and to give to the Western World in
dependence and freedom"
However improbable such an occurrence
may now appear. it is undoubtedly true
that Mr. Marshall changed the current of
opinion upon a grave constitutional ques-
ton by a speech in Congress, although it
is true that his argument in the Robbins
case so far from being an ordinary speech
in debate has all the merit and nearly all
the weight of a judicial decision. He de-
monstrated that, under the circumstances
the surrender of Robbins to the British
authorities was an act of political power
which belonged to the executive depart
ment alone; and before the session closed
as we'll as his successors in Congress, by
striking example. how when the con-
victioIs of the individual conscience con-
fict with the behests OF party a true
patriot will follow the former. in utter
disregard OF party discipline. and of pos
sible calamitous consequences to his future
political advancement
AN ACT OF CONSCIENCE.
Although a strong supporter of Presi-
dent Adams Administration. Mr.. Marshall
voted without hesitation. contrary to the
earnest desire of the President and in di-
rect opposition to all those with whom he
was in general political accord. Believing
that the second section of THE Alien and
Sedition Laws ought to be repealed he
voted accordingly, and it has long since
been universally acknowledged that he
was right. Among other lessons he had
learned from Washington was this: THE
spirit of party unfortunately is insepara-
BILE from our nature. having its root in the
strongest passions of the human spirit,
but in governments of the popular form il
is seen in its greatest rankness and is
truly their worst enemy
So far from Mr.. MarshalPs independence
of party having estranged President Ad-
ans. he very soon afterward appointed
him Secretary of State and the duties of
-
the same wisdom and hrmness he had dis
played in all other public stations. The
right then asserted by both France and
Great Britain, while at war with each 9TH
er, TO interfere in our affairs and to COM
pei us to ally ourselves with the one or
the other CT the combatants. was denied
in despatch which will always hold high
rank among the important state papers of
America. He said: The United States do
not hold themselves in any degree respon-
sible to France or to Great Britain for
their negotiations with one or the other
of those powers. The aggressions some
times of the one and sometimes of the
other have forced las to contemplate and
prepare for war We have repealed and
will continue to repel, injuries not doubt
full in their nature and hostilities not to
be misunderstood With this clear and
vigorous statement of the true position Of
his country he closed his career as a
statesman.
A MAN FOR THE PLACE
On the fourth day of February. 1901.
just hundred years ago. he took his seat
as Chief Justice of the Supreme Court of
the United States. Soldier he had been
and statesman and now for the rest of
his life he was dedicated to the admin
istration Of the law. Fortunately he came
TO this great office. which is among the
greatest possible 10 be held by man. in
the full maturity of his intellectual pow
ers, and admirably equipped to meet every
demand which might be made upon him.
He was first of all a thorough lawyer,
thoroughly well grounded in legal princi
pies, and thoroughly familiar with the de-
eisions of the courts of England and al
home. and possessed of the incalculable
advantage of having tried and argued
many unimportant. as well as many i'm
portant causes; for he had been engaged
in active, laborious, and miscellaneous
practice at the bar for twenty years.
His public duties. with the one exception
of his brief special mission to France, bad
not withdrawn him from the scene of his
professional labors. or seriously inter
fered with his devotion to them. He had
risen rapidly at the bar. for the legal
questions then to be discussed were Eoyel
in their character and counsel in the ar
gument of such causes were obliged to rea-
son from general principles and seek 10
apply considerations of abstract justice,
so that the needs of the time and the
character of his mind were in most hap |
py accord.
When he removed to Richmond it Is not |
surprising that he rapidly advanced to the /
position Of the acknowledged leader of its /
bar.
L nave uhtlL uDDi kUESe steps OIL MS 7
advance from his admission to the bar in |
1851 10 his national reputation as an en- 1
inent lawyer in 1901. because it has al
ways seemed to me there was danger 4
of overlooking his rank at the bar. at the !
time of his appointment. because OF the /
inestimable value Of his services on the !
bench where for more than thirty years
he proclaimed and established the true
canons of construction 10 be applied TO
the Constitution
1t is hardly possible for us at the be-
ginning of the century Just opening to ap-
preciate the difficulties and the dangers
which confronted the nation at the begin |
ming OF the century which has Just closed /
We are now secure OF citizenship in a |
great. powerful. and free nation, whose /
authority upon all questions affecting the /
national welfare is subject only TO such |
constitutional limitations as the sovereign |
people have imposed. We are in very So |
Der truth. rich in resources beyond the /
dreams of any visionary. with all the ma /
terial blessings the heart Of man can de- |
sire.
THE OUTLOOK HE FACED
How different was the outlook a hundred |
years ago, The Constitution. as well as |
the Government created by it. was only |
twelve years old. and in that brief period |
eleven amendments of its provisions had-
been found to be necessary. general 4
distrust existed of its wisdom. and in
many States there was an active and bit
ter hostility to it. magnifying its few i'm
projections and denying it's manifold and |
transcendent merits. Party spirit then as
ever since our greatest peril eXulted in /
the prospect that II would soon be appar-