Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-10-24
WAPEL 10 COUNTY BAMQETS CoURT

school, contained the germs of the
Civil War of 1881. The same senti-
ments are declared by the Hartford
Convention.
The South Carolina notification act
of 1882 was founded on the Virginia
and Kentucky Resolutions, and the
secession ordinances of 1851 we're the
natural outcome of che same PERM
cious doctrine.
Hamilton wanted a national govern
ment strong enough to defend. Itself
and with vitality enough to live. He
was much misunderstood In his day
and even more misrepresented.
There were two schools of states
menship in those days; one stood for
national unity aud rational strength
the other taught state allegiance
above the obligations due to the
nation.
Marshall Abused.
Jefferson believed that the national
government should interfere with
local affairs as little as possible, and
that such Capitalization as Marshall
taught was of a. dangerous tendency.
Jefferson preached individualism in
its highest form The great schemes
of Government ownership taught Iii
the name of Jefferson today would
have beer denounced by him as rank
heresy.
Lord Mansfield for more than
thirty years expounded the law for
the British people. He was annony-
ously assailed by the brilliant aud
mysterious Junius. who died leaving
HE personal identity unestablished
No one thinks the less OF Lord
Mansfield now. because Of the attacks
Of Junius.
Marshall was ffercely criticised by
many, and by no less parsonage
than President Jefferson himself.
When Marshall issued subpoena
calling on the President for certain
papers in the Burr case the action
OF the court was bitterly resented by
the great author of the Declaration Of
Independence-bu he sent the papers
to the court.
Criticisms Forgotten.
Marshall's critics are remembered
but their criticism is forgotten. But
the calm and judicial exposition by
Marshall of the rights and obligations
which the federal constitution created
have remained sacred through more
than seventy years which have
PASSED since he was buried at Rich
mond.
His rest was disturbed by the roar
Of four years Of battle, from 1861 to
1865. But in the end the principles
laid down nv him were triumphant
and the nation was not only pre-
served but was supreme.
The, persistent influence Of John
MARSHALL we'll describes the, living
force of his righteous and wise judi
cial decisions. a
A legislature may confer power;
it cannot give authority. Authority
is acquired by wisdom; it cannot be
given by any king or president. Mar,
shall is dead: he can no longer WELD
any official power. hut the authority
Of his judgments will prevail while
the American Union lasts. Authority
will persist if wise and right; those
things endure which deserve to live
Among Mounted Generals.
| His bronze statue sits in the chair
Of justice at the foot of the Capitol
at Washington looking off towards
the White House, down that great
avenue where Grants and Sherman's
armies passed in review in 1865. Nc
more impressive memorial can be
found in America.
Mounted generals sit upon their
| metollic steads in the public squares
Of the capital. Admirals are com
memorated in enduring monuments
and statues The deeds of heroes are
said and sang but in the rnusty law
| books in ten thousand libraries may
be found the most enduring of all
monuments, the words of wisdom OF
the great jurist.
The inference IF the bar is always
great in a Republic. When Mansfield's
Arkansas Digest was made by act
of Congress the Code Of laws for the
Indian Territory, lawyers from Arkaa
sas poured into the territory to prac
tice under the system with which
they were familiar.
The politics Of the new territory
have been shaped in large degrees
by the bar Of Arkansas and the new
State is about to start off along ths
same lines as her neighbor On the
east.
This is not the time or place to dis
cuss the political wisdom of the new
State of Oklahoma in lining up witt
Arkansas. I only cite it as showing
living example Of the influence o
the bar for good or i'll.
Marshall's influence is the create
than that Of any other man with thu
lawyers of this Union, and whateve
aids in bringing them into the lin
of justice is best for our common
country.
Marshall. like our own great jus
tice, Samuel F. Miller liked to g;
upon the circuit and preside over tn
deliberation Of the United State
courts in the circuit to which he wa
assigned. This kept him in toucl
with the local bar and with the peu
Dle. and vetter fitted him for the pei
fnrN7ance of his great duties a
Washington
Aadon Burr Trial.
The most important case ever trio
in this country was presided over b
| HIM. Aaron Burr was tried for hig