Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-05
JOHN MARSHALL DAY
Continued from First Page.

were known as federalists and demo-
Gratis. 1t followed of necessity that
those who opposed the constitution be-
fore its adoption, would after its
adoption, insist that it be strictly con-
strued and that nc power be conceded
to the general government that could
not be read in the express letter of
the constitution. Equally certain
those who favored a strong central gov
ernmen. would insist that the consti-
tuition should receive no construction
that should impair the force n
efficacy CT that government. Thomas
Jefferson stands as the most earnest
and able defender of the former theory
while in efficiency of labor to support
the latter the efforts of no man can
compare with those of John Marshall.
Two more incidents in his political
life l wish to note as indicative of the
character of the a The first re-
lates to his conduct as a member of
the Virginia legislature at the time
of the ratification Of the treaty with
Great Britain in 1895. The Virginia
senators voted against the ratification.
The Virginia legislature was radically
opposed to it. The ground was taken
that under the constitution it required
the action of congress to ratify a treaty
and a strong resolution of censure
upon the government was introduced.
This brought Marshall to his feet. He
knew the popular will but he could
not in silence suffer any wrong con-
st17lction to be placed upon the con-
Stitution. Neither could be in silence
suffer a reflection upon one whom he
loved as he loved President Washing
ton. And SO effective was he that
when the resolution finally passed it
was in commentator rather than in
INSURE. The other incident occurred
in congress when Adams was presi-
dent. John Marshall at the earnest
solicitation of Washington had per-
mitted himself to be elected to con-
gress. During this session the Jona-
than Robbins incident occurred. Ill
blood already existed by reason of the
fact that England claimed and some
times exercised the right to search
our ships for seamen who had de-
serted from her navy. The British
consul at Charleston procured the ar
rest of Robbins, whose real name was
3NooAy oh q Tx &c VI uuIuSI CO1l-
mitted on a British man of war. Nash
applied for discharge on writ of habeas
corpus, alleging that he was an Amer
lean citizen and had been impressed
in the British service against his will
and had done the killing in self de-
tense. The British minister made a
~requisition upon the president for his
surrender. Under the advice of the
president the judge at Charleston sur
rendered the prisoner and he was tried
and hanged. The fact was Nash was
an lTishman by birth, a British sub
Ject and had simply been indulging a
natural propensity to crush skulls.
BUT this was not known until after
ward and when he was hanged one ex-
plosive burst of indignation ran
through the land. Mass meetings were
held and the administration was de-
nounced as trucking to British in
huence. A strong resolution of CEN
sure was introduced in the house and
members were being swept away by
the popular Indignation. It was then
that John Marshall arose. In his
own calm, quiet, candid and somewhat
awkward way he proceeded to state the
facts as then known and upon which
the president had acted. He stated
with his masterful perspicuity our
treaty terms with Great Britain and
the duties resting upon the executive
and Judicial branches of the govern
ment to carry out those treaty terms
IN good faith. AS he proceeded with
his logical analysis, those opposed to
him gathered around him They
listened, wavered and were convinced.
When he ceased no voice was raised
in reply and the government was sus-
tanned by a vote of 81 to 35 in a house
that was politically opposed to the ad-
ministration.
Here we take leave of Marshall's pol
tical life. It was pure, sincere and wise.
Yet, let none suppose that he escaped
political aspersion. He did not. Indeed,
who that was prominent has ever escaped
with us. Who suffered more in that
direction than Washington and the
sainted Lincoln-men against whom we
now know, the least political aspersion
were a vile SANDER. Indeed it would be
an object lesson to US could we have
held before US and reflected as in a mir
ror the treatment that our public men
have received from our earliest national
history at the hands of political parties.
We would then learn that if there is one
thing that should be %distrusted, it is con-
temporaneous political judgment. We
would find that men now long resting in
their graves and now universally con-
coded to have been honest, honorable.
wise and virtnous patriots were in those
days accused of everything except good
citizenship. We might find others who
had been exalted as paragons, but
whose lives had failed to stand the
test of times scrutiny and over
9 whom it were now charity to draw
the veil of oblivion. Yet while il a gen.
eral way we know these facts they seem
ingly fail to influence our conduct.
Each free born American struts across
the stage of time for the brief hour of
his generation, believing it his privil-
eye, if not his duty, to asperse and Witty
all who oppose his political views.
schemes and ambitions. 1t is a weak
ness in our character, and a weakness
that detracts from our dignity abroad.
With the end of the administration of
John Adams the government passed
from the hands of the Federalists. But
near the close of his term, and IN Janu-