Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-02-08
THE JOHN MARSHALL ANNIVER'
SARY.

This is a day of large interests FOR
the bench. the bar and the people
generally. - hundred years US
Iohn Marshall, "a plain Virginia law
verD as President Adams called him,
took his seat as chief justice OF the
limited States Supreme Court ana
during his "a years of tireless ser
vice in that position, impressed MIN
self upon the national laws and prin-
ciples of Justice to an extent that mas
not been reached by anyone VI NE
successors. He was the right man
for the place; in fact, by coIliiii vi,
consent he was the one man OF ms
time to fill it. Virginia mas Ilsn.
to feel proud of him as one OF her
most distinguished sons; but III Jus,
tice. it must be remembered that II
was a Massachusetts President VIM
recognized the abilities and hlgh chaI
acter which proved such orlahleI'9
to American history.
No one has questioned the proprle'
ty of including him among the hrsC
selections for the American nan Oh
immortals: but such Fictitious dls-
tinction can add little to his lallle'
That rests upon foundations even
more enduring than those Denealh
our national institutions, for they may
change; but his part in estaDIishllle
that fabric of government Whlch mas
so long been our own boast ana the
envy of others must last as long 40
the pages of history shall Keep allN9
the deeds of the past Webster mas
been called the great eXpounder OF
the constitution, but Marshall might
have been termed it's great estaD-
Usher" AS fundamental law II
was yet on trial when he took ms seat
on the bench. When he finished MS
service there, it was not only under-
stood, but respected, and any chal-
lenge of its authority was felt 10 De
menace to national integrity lJsel'
His well-known statement OF the
status of the constitution was as tol'
lows: The constitution is either Il
superior, paramount law, unchahSe-
able by ordinary means, or 1t Is on
level with ordinary legislative acts
and like other acts is alteraDle Wheh
the Legislature shall please to alter
it, If the former part OF the alterna-
tive be true, then legislative act
contrary to the constitution Is not
law; If the latter part be true, tneh
written constitutions are absurd at
tempts, on the part of the people, TO
limit a power in its own nature HIM
table" The genius of his interpre-
tations was remarkable and the oc-
casions for it's employment so tre-
quent in the early days of the const''
tuition that he left on record a series
of opinions of inestimable value TO
all who have come after him. Con
ditions have changed but his eXegesls
of the principles upon which our fun
damental law was based are still APP
plicable to every new situation.
Jurists have come and gone. and
made great names for themselves and
performed valuable service for their
country but Marshall still stands pre-
eminent as an authority. He was
many-sided man. famous as states
man. a soldier and nation builder,
even before he rose to the position
wherein the browning glory of his
career awaited him There is no dan
ger that mis- name and fame will be
too highly exalted in the exercises all
over the country which will recall
both. 1t would be a good thing II
the lawyers would study the lives and
examples of great jurists, and if those
in political life would turn back for
inspiration and guidance to the great
statesmen of the past more than they
do. This anniversary recalls chap
ter of history with which not only
every lawyer but every educated man
should be familiar Boston Tran
ScriDt of Monday