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

in all their rights, as the most compe cent
administrations for our domestic concerns
and the surest bulwarks against anti-re-
publican tendencies and the preservd
tiOn of the General Government IN ITS
whole constitutional vigor. as the sheet
anchor of our peace at home and safety
abroad but II was reserved for the Chief
Justice, as the organ of the court, TO de-
fine the powers and rights OF each. in the
exercise of a Jurisdiction, which he ie-
garded as indispensable to the preserva-
tion of the Union and consequently OF the
independence and liberty of these States
The people, in establishing their future
Government, had assigned to the different
departments their respective powers. and
prescribed certain limits not to be trans
cended, and that those limits might not be
mistaken or disregarded the fundamental
law was written. And, as the Chief Jus
tice observed to what purpose are powers
limited. and to what purpose is that limi-
tation committed to writing. IL these limits
may. at any time. be passed by those in
tended TO be restrained?
The Constitution declared: This Con-
stitution. and the laws of the United States
which shall be made in pursuance thereof;
and all treaties made. or which shall be
made. under the authority OF the UniCed
States. shall be the supreme law of the
land:' and the judicial power shall extend
to all cases. in law or equity, arising under
this Constitution the laws of the United
States. and treaties made or which shall
be made. under their authority
The judicial pOrs- was, then, IL gem
eral sense. coextensive with the legislative
power, the executive power, and the treaty
making power. and to the department Gre
ated for its exercise was exclusively COM
mitted the ultimate construction of the
Constitution, although that power could
10 be invoked save in litigated cases and
could not act directly beyond the rights of
the parties.
And as the rule OF construction was
merely a question of law it was to be-
and 1t was, determined and applied ac-
cording to law.
The principles applicable to the con-
struction Of written documents were thor
ou-hly settled. and In themselves exceed
ingly simple. Applying them to the Con-
stitution. the Chief Justice declared that
the Intention of the instrument must pre-
vail. that this intention must be collected
from its words; that its words are to be
understood in that sense in which they
are generally used by those for whom the
instrument was intended: thai Its provi-
isons are neither to be restricted into in
siSnifcance. nor extended to objects not
comprehended In them, nor contemplated
by its framers;' that while IL was not open
to dispute that an enlarged construction
which would extend words beyond their
natural and obvious import, should not be
induiged in, it was not proper, on the 9TH
er hand. to adopt narrow construction,
which would deny to the Government
these powers which the words of the
grant. as usually understood. import, and
which were consistent with the general
views and objects of the instrument; that
narrow construction which would cripple
the Government. and render IL unequal to
the objects for which it is declared to be
instituted, and to which the powers given,
as fairly understood, render 1t competent
These were apparently plain legal rules
OF construction. yet in their application is
TO be found the basis of national fabric;
the seed of the national growth: the vim
dication of a written form of government;
and, simple as they now appear to be.
their successful application, then. requir-
ed the highest judicial qualities.
For we are TO remember that there
had been intense opposition to the adop-
ton of the Constitution; that each of the
departments necessarily acted on its own
Judgment as to the extent of it's powers ;
and that the operation of the sovereignty
of the nation on the powers of the States
was the subject Of heated partisan con-
trove~sy.
ITO hold the balance true between these
1arring poles: to tread the straight and
narrow path marked out by law, regard
less OF political expediency and party pol
itics on the one hand, and of jealousles of
the revising power on the other; to rea-
son out the governing principles in such
manner as to leave the mind free to pur-
sue its own course without perplexity,
and to commend the conclusions reached
m 20 a.
manded that breadth of view; that power
Of generalization; that clearness of ex-
preston; that unerring discretion; that
simplicity and strength OF character. that
indomitable fortitude: which, combined
in Marshall, enabled him to disclose the
working lines of that great Republic
whose foundations the men of the Revolu-
tion laid in the principles of liberty and
government. lifting up their hearts in
the aspiration that they might never be
disturbed, and looking to that future when
its lofty towers would rise into the midst
OF sailing birds and silent air
During these first years of constitution
al development in the due administratio
of the law, 1t was inevitable that bitter an
tasonisms should be engendered, but their
shafts fell harmless before that calm cour-
age Of conviction, which. perceiving no
choice between derelietion OF duty and sub
Roman orator: 'Tanen hoe amino semper
fui ut inviriam VIRTUE partam. glorium,
non invidiam, putarem.'
"And so the great Chief Justice. recon-
CLING the jealousy of freedom with the
independence of the judiciary for a third
OF a century pursued his stately way, es-
tablishing. in the accomplishment of the
work given him to do. those sure and solid
principles of government on which our
constitutional system rests
THE nation has entered into his labors.
and may well bear witness. as 1t does to-
day. to the immortality OF the fame Of this
sweet and virtuous soul. whose powers
were SO admirable. and the results Of their
exercise Of such transcendent conse-
quence."
Long continued applause followed the re-
marks of the Chief Justice.
The Hon. Wayne MacVeagh was then
introduced by the presiding officer. He
spoke as lawyer. in which capacity he
served as Attorney General In the Cabinet
OF President Arthur.
During the delivery of his address. Mr..
MacVeagh stood at the desk OF the read
ing clerk of the House. AS the time ad-
vanced. more persons came, until, when
the orator neared the end of his address.
the hall OF the House was full. The SEN
ators present were Messrs Allison, Haw-
ley. Perkins, Clapp. Simon Pritchard.
Chandler. Fairbanks. Gallinger, Pettus,
Jones Of Arkansas Carter, Mallory. Raw
Inns. Dolliyer, Shoup, Cullom, Spooner. Al
len. Scott, Mason, and Kean.
The last five rows on the east side were
occupied by members Of the American Bar
Association and other guests, including
several descendants Of John Marshall.
Speaker Henderson sat directly behind
the President and others in the row with
the Speaker were Messrs. Steele, Otey. At
water. Brosius. Cox, Mcclellan. Mann, and
7 q