The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-02-04

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-
gaFded as indispensable TO the preServa-
ton 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 10 be trans
cended. and that those limits might not be
mistaken or disregarded, the fundamental
law was written. And as the Chief JUS
tiee observed. TO what purpose are powers
limited. and TO what purpose is that IimI-
tstioH committed 10 writing. II these limits
may, at any time, be passed by those in
tended 10 be restrained?'
The Constitution declared: This Con
stitution. and the laws Of the Uaited States
which shall be made in pursuance thereof;
and all treaties made. or which shall be
made. under the authority of the United
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 power was, then, in a gen
eTaI sense coeXtensiye with the legislative
power. the executive power, and the trea ty
making power, and to the department ere
ated for its exercise was exclusively COM
mitted the ultimate construction Of the
Constitution. although that power could
no be invoked save in Iitigated cases end
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 it was, determined and applied ac-
cording to law
The principles applicab bic to the con-
struction Of written documents were thor
oughly settled, and in themselves exceed
ingly simple. Applying them 70 the Con-
stitutiOR, 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 10 be
understood in that sense in which they
are generally used by those for whom the
instrument was intended: that its provI-
isons are neither to be restricted into in
Significance, nor extended to objects not
comprehended in them. nor contemplated
by It's framers;' that while It was not open
to dispute that an enlarged construction
which would extend words beyond their
natural and obvious import, should not be
INDUCED in, 1t 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 It unequal TO
the objects for which il is declared TO be
instituted. and TO which the powers given,
as fairly understood. render Il competent
These were apparently plain legal rules
OF construction yet IN their application is
10 De found the basis OF national fabric:
the seed Of the national growth the vim
dicaJion of 2 written form OF government:
and, simple as they now appear 10 be,
their successful application. then. requir-
ed the highest judicial qualities.
Tribute to John Marshall
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 its powers;
and that the operation CT the sovereignty
Of the nation on the powers OF the states
was the subject OF heated partisan con
troversy.
To hold the balance true between these
jarring poles; to tread the straight and
narrow path marked out by law. regard
less OF political expediency and party pol
tiles on the-one uaud, and OF jeaIousies of
the revising power on the other: to rea-
sen out the governing principles IN such
manner as to leave The mind free TO pur-
sue its own course without DerDIexily
and 10 commend the conclusions reached
20 the sober second thought: these de-
manded that breadth Of view; that power
of generalization that c}eaTness OF ex-
preston that uneTring discretion, that
simplicity and strength Of character. that
indOmitable fOrutude; which. combined
IN Marshall. enabled him 10 disclose the
working lines Of that great Republic
ton laid in the principles OF liberty and
self 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 administration
of The law. il was inevitable that bitter an
tagOuisms should be engendered, but their
shafts fell harmless before JhS- calm cOur-
age Of conviction. which, perceiving no
choice between derelictiIn Of duty and sub
lection 20 obloquy. could exclaim with the
Roman orator: 'Tsmen hoe amino semper
fui ut inviriam VIRTUE partam, glOrium,
non iuvidiam, putarem.'
And 50 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-
ta5Iishing il the ACCOMPLISHMENT Of the
work given him to do. those sure and solid
principles of Government OF which our
constitutional system rests
The nation has entered into his Iabors
and may well bear witness. as it does TO-
day. 20 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-
ouence-"
Long continued applause followed the re-
marks Of the Chief Justice
The orator Of the day, Hon Wayne Mac
Veagh, was then introduced by tb<nra
siding officer He spoke at toe ir,,-i+arfo7,
of the American Bar As5eIarfo exta-,7
ed by formal actor AT rhe Iasr mo
VlouS cohVeh''.0n. Mr. AfacVeagh
spohe as lawyer. in which capacI-
y ne SsTyed as Attorney General in
lhe tSDinet Of President Arthur Nj. Mac
Weigh spoke for one hour and three quar-
,ers and his eloquent perOration was re-
-eiyed with applause led by the President
and Cabinet and Supreme Court lasting
nearly minute The exercises were con
,Iuded with the benediction announced by
Couden of the House Of Repre-
and at 12:I0 the distinguished
company separated
OBSERVED IN TENNESSEE.
IFuixerSify Students Honor Yy,o ~,