The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-09
ARTICLE xI.

onies during the Revolutionary war and
which furnished the basis for the gov
eminent Of the United States from the
close of that struggle until 1889, there
was no means Of enforcing obedience to
the DEGREES of congress. Congress could
recommend measures to the states, but
that was all. To the states themselves
had to be left the work of carrying out
the recommendations or not, as each
state should see fit. Some states would
Go as congress voted, others would not
1t needs no argument to prove that such
government was not noted for strength
TO furnish remedy for such a condition
the trainers of the constitution provided
for system of federal courts that could
call out, if need be, the forces of the ma
ttonal government to enforce it's DEGREES
The judicial system was made branch
of the government coordinate with the
executive and legislative departments
This system, extending throughout the
states and empowered to define the DOW
ers of federal authority and to enforce
its decisions by federal power supplied
the element needed to bring order out Of
chaos. The Importance of this system
cannot be overestimated. " ithout it the
constitution might have been wrecked
before it was fairly launched; with it the
machinery of government has worked
smoothly, tremendously and consistentlya
Taking one year with another the de-
cisions of these courts have been received
as expressions of the soundest law, the
purest justice, the truest equity and the
highest patriotism. AS the judges are not
dependent upon the WhimS or partisan
prejudices of the president for the perma-
nence OF their positions they constitute
an independent body. The supreme court
of the United States is mo respecter of
persons" and comes as near being in
falhble as does any earthly tribunal He
who trusts his cause to the decision Of
this august body is about as certain Of
receiving absolute justice as he can hope
for until he shall stand before the great
Judge Of all.
It will be seen that the justices Of
these courts hold positions of great dig
nifty and power. And they surely deserve
all the honor the people can give them.
A higher minded company of men. of
equal learning in their chosen profession,
OF SO lofty personal character, it would
be hard to find on earth. If there is any
thing In our government for which we
have reason to be proud and grateful it
is our judicial system, and the men who
nave, as judges, made that system what
1t Is. This statement particularly APP
plies to the chief justices of the supreme
court Note the list of noble men who
have rendered American Jurisprudence
illustrious: Jay, Rutledge, Ellsworth,
Marshall, fancy, Chase, Waite, Fuller
Every true lover of his country has a
right to walk with prouder heart when
he can speak these names and say,
These are my countrymen.'
OF all our chief justices John Marshall
stands easily first for the extent and
depth Of the impress he made upon our
institutions in their plastic years, by
his opinions defining and interpreting the
constitution and thereby consolidating
the Union as a nation, one and indivisi-
BILE
Marshall, like so many other distin-
guished men in our early history, was
by birth a Virginian He was twenty
one years Of age when the declaration
of independence was signed. Becoming
captain in the army, he rendered valu-
able service, always seeking the pos of
danger and preferring the field Of battle
to the life Of the camp At Iron HILL at
Brandywine, at Germantown, at Mon
mouth, In all these places he proved him
self true son of Virginia, ready to fight
valtantly with a strong hand end gay
heart. There being more officers IN pro-
portion to the entire number of soldiers
than there were men for them to SOM
mand, and Marshall being unwilling to
remain where he was not needed, he re-
signed his commission and studied law.
AS practIcirg lawyer he rose rapidly In
his profession. But his abilities were SO
great that he could not be left to the
quiet life Of an attorney and counsellor.
The people were accustomed in those
days to send men of brains to transact
public business, and in 1888 we find him a
member of the Virginia convention, main
tanning that feature of the proposed con-
stitution which provided for the judicial
system.
Among the members Of the legal pro-
fession ia Virginia during the early
years of MarshalPs practice were such
men at Patrick Henry, Alexander Camp
bell, John Wickham and Edmund Ran
dolph, who already had national reputa-
ton. He took rank at once with those
as their equal, and soon came to be rec
ogn1zed by them as the chief Of all in
acuteness and depth of mind and in the
ability to discover at a glance the essen
ual features of a case and to state them
with such marvellous lucidity and force
as to leave nothing more to be desired
In the Virginia convention of 17SS, call
ed to consider the question whether Vir-
ginia should accept or reject the consti-
tuition, there existed strong opposition to
the proposed government. Patrick Hen
ry, George Mason and William Grayson
were the leaders of those in opposition,
While among those prominent in It's favor
were such giants as James Madison. Ed
mund Randolph, James Innes, second In
eloquence only to Henry himself, and
John Marshall. Such an array Of learn
Ing, eloquence and genius marshaled in
conflict over such momentous question
stirred the "Old Dominion" to its center
and attracted visitors from all directions.
Marshall was by nature and habits of
thought IN favor Of stronger govern
ment. He had observed the weakness
and fnefficlency OF the confederation and
had reached the conclusion that there
was no hope in the continuance of that
system.
He directed his arguments mainly
against the speech Of Patrick Henry.
TWO men more unlike in debate it would
be hard to find. Henry was the unriyal-
ed popular orator-full Of intensity pas-
sion, Niagara whose headlong flow
nothing could check or turn aside: a
Vesuvius whose thunders shook the earth
and whose flames lighted the heavens
with terrible splendor.
Marshall, on the other hand, was not
noted for imagination or Intensity Of feel
Ing. He rather grasped the thought with
the strength Of giant and held It re-
lentlessly up to view, Analysing 1t and
showing It's relations to the main sub
ject SO clearly and so forcibly that when
he had finished the nearer was certain
to feel that, granting MarshaIPs prem
ises, his conclusions were newt
able. It is easy to see that his ap
peals were not to passion or prejudice.
but solely to the Judgment. His methods
were altogether Intellectual It would be
far from true, however, to assume that
Marshall was an uninteresting speaker,
because he did not indulge in fights Of
fancy or Of imprisoned eloquence. Quite
the reverse Is true. Few men were his
equal in the power to hold and con-
troll an audience, but he accomplished