The times. [volume] (Richmond, Va.) 1890-1903, 1902-06-19

nefcent one. eminently suited to the
American people and he preferred 1t to
any other form of government ever de-
vised by man. So that we may well
believe that when called to the bench
he had decided opinions in regard TO
many Of the great questions with Whicn' :
as Chief justice, he was Afterwards To-
deal He was born said great
lawyer. TO be Chief Justice and II sucn
was the fact, well did he perform ms
appointed task. With no prece-S
dents to guide him, and with little or
no aid to be derived from books. ne Gre
ated our system of constitutional law
laying its foundations broad and deep.
The marvellous ability which marked ~ nis
course at the bar was, II possible Gus
played even In a higher degree IN ms
career on the bench. His judgments ~
clear and cogent in their reasonlhs' ~
frauEht with deepest consequences ~
the American people. are justly lahheu
among the highest efforts OF .ile iio..a.t
mind .He worked out tho great pro-
blems of constitutional jurisprudence az
Newton worked out the great prooiei,io
of natural science mastering new SUI
jects, and unraveling their mEstelss
with Irresistible power ana dcu.ensSs
BY his Interpretation OF the Co1lsei l'...
he, in large degree, shaped ana ilio cns
ed our Federal system, finding the con.
stit1,tion paper. and leaving 1t a chaI.
for the government Of n nation. Al1iei
lea. he said In one of his most notapIe
opinions, has chosen to De, IN il'aiis
spects and for many purposes, q ,. n|
and for all these purposes hei =
mont IS complete: TO all -aese OBJECTS !.
is comnetent. The people have declared
that in the exercise OF all po"et
for these objects it is supreme.
Relative to the Marshall CentenFla"
Jndqa lewis said: THAT his memory
&c cherished. and that his services are not
REGARDED with ingratitude, was ST..
ingly shown during the past year ~. uis
celebration of the one huhoi euen 60.
versary Of his accession 10 'he a uvI,r
On that day. pursuant TO lesoi e,usu
ot CONGRESS- commemorative exercises
nresided over by the Chief Justice. We're
held at the National Capital, In which Inc
president and his Cabinet, the Jusuces or
tho Supreme Court. the members OF tlie
two houses of Congress. and very MANY
others. including representatives VI
foreign governments, participated, on az
nron,.,ate address being delivered py an
eminent lawyer rms coupieu o;tjas
outpouring of respect in many otner CUES
.rd localities of the country on the same
day hespoke grateful hearts and a Just
annreciation of his eminent virtues, me
event has no counterpart. for IKE vi
hute was never before paid to the mem
Dry of man ,,t;,,
Referring to certain questions req us
to the nature of the Constitution, ana the
Mowers under it of the Federal Govern
n.ss ,rofoundlv agitated by the antag-
onistjc theories OF rival political partles
AZ the time the Chief Justice TOOK MS
seat upon the bench. the speaker saio
..Thinl Of such questions IN the oloi!iai
forn7s of legal procedure being submitted
for decision to a court! In all the !uui.ia,
annals of the world nothing IKE II ilau
been heard of before: and YET theS were
submitted to a court; submitted IN causes
~ so,,,o of which sovereign States were
PARTIES. and by the master nina Oh ,ohi'
N.-shal1 thew were solved-solved at least
so far as judicial Interpretation coulo
solve them The first step. OF course, IN
their solution was to decide, as ne oio'
that to the Supreme Court was eHciu-
sively committed the ultimate consul uc
ton of the Constitution. He Sd" ti ma
such power was necessary, because Will
o,,t il uniformity Of decision upon con-
s+;t,,ionaI Questions, and essential to the
nermanency and tranquility of the nation,
would be Impossible. He believed. 100
that no government ought to be go defec-
tive in its organization as not 10 contain
within itself the means OF securing Las
execution of its own laws, and coase-
orently that without power IN the fed-
eral judiciary to finally interpret the
fundamental law. the Union. instead VI
being as 1t was designed to be. "A more
,,erfect union would soon be reduced TO
the imbecility of the Confederation. he
demonstrated, moreover, as ne pene'eu,
that This power had been granted, ana
,,pon that idea he vindlcated tne su
premacy of the Constitution. making II
in reality. as it purports to be, the su-.
preme law of the land
IMPORTANT CASES DECIDED.
"a number of cases were mentioned
and briefly commented upon, cases IN
which most of the essential quesuons
arising under the Constitution, III regard
to which men differed. were CONSIDERED
and decided: as. for example. that the
.ovarnment created by the Constitution
is a government emanating not from the
States. but from the people: that iesls-
.lative act. State or Federal, repugnant
70 the Constitution is void: that the Con
stitution is to be construed not strictly
h,,t reasonably. etc. In this connection
tho nresent Chief Justice of the United
states was quoted as saving: Inese were
apparently plain legal rules or construc-
ton. vet In their application Is 10 pc
found the basis Of the natonal laor,c'
tho seed Of the national growth; the vim
1ication of a written form Of government:
and simple as they now appear to be.
their successful application. then. re-
CURED the highest judicial qualities
=
I'm short" continued the speaker. the
Importance and far-rea ching consequences
of the la ors Of Chief Justice Marshall
can hardly be over-estimated. With the
single exception of Washington, no man
has Influenced in a larger degree the
destinies of the country That his IN
terpretation Of the Constitution was nee
cssarv to its durability and efficient work.
ing is now generally. il not universally.
conceded. He saw for experience mao
demonstrated. that a government operat
ing on States instead of on 'ndlvionais
was impracticable That had been tfleo
under the articles of Confederation, and
melancholy indeed was the fa'!'lre OF
the experiment. Besides. he had con-
fidence in the people and in their apa
city for self government, and SO to ms
mind a popular representative govern
ment. placed. as he supposed. In safe
medium between dangerous authority on
the one hand. aud debility and efficiency
on the other was not a menace to the
States or to public liberty. He be-
,,a,,a /, cloca and firm union to be