Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-21
MARSHALLS GREAT WORK.


John Marshall sat for the first time
as Chief Justioe of the Supreme Couf I
of the United States. 1t was the day
on which that court first sat ut Wash
ington as the seat OF the national Gov
ernment. The circumstances under
which Marshall took office were re-
markable and unpropitious. The con
flict between the Federal and Republic
can parties had become enVenomed to
the last degree, and the defeat of the
Federalists with whom Marshall had
acted, in the elections of 1900, drove them
to desperate measures TO retain power.
The administration spent it4 expiring
days in filling the Offices with its parti-
sans. One of tho last acts Of Congress,
in february, 1901, was to rearranRe the
judicial districts and 50 establish
separate circuit courts. This act gave
to President Adams the appointment
Of l6 new judges, and he signed and
delivered their commissions on the eve
Of his departure from office. The new
officers were derisively styled mid
night Judges and it was not to, be
expected from the bitter Republicans
ard Jacobins of that diy-nor, indeed,
from human nature itself that such
an attempt to perpetuate policy OF
government condemned at the polls
should be submitted to without a
struggle.
After fierce debate in Congress,
the act creating the new circuit courts
was repealed, and In order to prevent
the interference of the Supreme Oourt,
Congress suspended the sessions OF
that body for nearly IA months. by
abolishing the August teFm. The new
President, Jefferson. hated the Fed.
eralists generally and Marshall gar.
ticularly. Long after no had retired
to private life he described the
Judiciary of the United States as a
''subtle corps of eappers and miners
constantly working underground to
undermine the foundations OF our con
federated Fabric" and Marshall as "a
crafty chief judge who sophisticates
the law tc his mind by the turn OF his
own reasoning. No appointment
could hare been more offensive to
Jefferson than that OF Marshall, and
with President personally and politi::
cally hostile. and Congress In full
that the position OF the Supreme court
was extremely periloua. Ito indepep-
deuoe, II not its existence, was threat
ened, and it ia hardly too much to say
that it was rescued by the indomitab,e
determination. the powerful logic,
and the practical statesmanship Of
John Marshall.
Every application of power requires
pou sto, and this was opportunely
provided by the failure of the i'm
parchment of Justice Chase. The
managers of the proceeding were com;
peled to admit that the thigh crimes
and misdsmeanors' of the Constitu-
tion meant indictable offences, and
this effectually barred Congress from
displacing judges who had once taken
office. Had the impeachment resulted
otherwise, the Supreme Court would
have practically ceased to be a part oil
| the government, and even John
Marshall, had he not been impeaohed,
would have been unable to do more
| than make it IA dignified court OF law.
| When the impeachment failed, John
! Randolph, In fury, proposed to
| amend the Constitution by making the
4 judges removable on the joint address
OF the houses of Congress; hut IL was
even then known that amending the
| Constitution was slow and difficult
process, and the motion failed. Itt
| failure enabled Marshall to put q con.
struction on the Constitution which
could not be changed after his loup
reign was over, and which had Indeed
by that time come to be generally sat.
isfactury.
Far from being daunted by the rage
OF his adversaries, Marshall forced the
fighting. He went out Of his way tc
| find an issue, for doctrine In the great
CASE Of Marbury against Madison II
obiter. President Adams had nomi
mated Marbury to an ofiics, the Senate
had confirmed him, his commission hae
been made out. signed by the Presi
dent, and sealed with the seal Of ths
United States. But it had not beer
delivered when Jefferson came into
Office, and he would not deliver it,
Marhury applied to the Supreme Couri
for relief, which Marshall was obliged
to deny on technical grounds and this
WAS properly all there was in the case,
But Marshall took the opportunity tc
atate his view of the powers OF thl
Supreme Court, and his opinion estab
lished the doctrine that our govern
ment is one of limited powers. Il
affirmed the power and the right Of the
Supreme Court to declare null ant
void any act of Congress which tn,
court held to be in cuntrasention o
the Constitution. This decision mad,
our government one of laws, and no
Of men. Any other view would hav,
established the principle, then main
tanned, and now, after the lapse of I
century, reasserted, that Congress neet
not regard the letter of the Constitu
tion, but might legislate according tt
its discretion, il it professed righteous
purposes. Such d principle matel
waste paper Of the Constitution.
Marshall exposed 1T in a few pregnant
sentences:
"The powers of the Legislature are
defined and limited and that thost
limits may not be mistaken or forgot
ten, the Constitution IS written. TX
what purpose are powers limited, anC
to what purpose ID that Limitation com
mitted to writing, If these limits may,
at any time, be passed by those in
tended to be restrained The distino
tion between government with
limited and unlimited powers il
abolished If those limits do not confin,
the persons on whom they are imposed
and if acts prohibited and acts allowed
are Of equal obligation. Tht
Constitution is either superior para
mount law, unohaneeable by ordinary
means, or 1t is on level with ordinary
legislative acts, and, like other acts
is alteIabie when the Legislature
shall please to alter it. II the forme
part of the alternative is true, then {
legislative act contrary to the Consti
tuition is not law; If the latter parl
be true, then written Constitutions arr
absurd attempts, on the part of th,
people, to limit power in its owl
nature illimitable. = = lf an &C