The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-06

But Ii Is to companion upon the
|, Bench for twenty-four years that WI
/ owe the most heartfelt and glowing
tribute to John Marshalls acumer
and to use his own language, almost
superhuman abilities"
! Mr.. Justice Story gave soon after
Marshall's death an address upon the
life and labors of his deceased friend
who had been his associate and col
league on the Bench for nearly a
quarter of century, and his estimate
of the character and wonderful abil.
ity of the Chief Justice remains un'
surpassed to this day.
With remarkable power of Ian
guage, Justice Story sets forth the
necessary qualifications Of mind, for
one who shall fittingly occupy a
place upon the supreme bench; the
new and heretofore untrodden fields
OF research and thought, the diverse
and oftimes conflicting laws of the
different states, the new doctrines
that must be studied, the necessity
of at times forgetting in one cause
what has been learned in another
from it's inapplicability or local I'M
fitness; that he who would properly
discharge such duties must have
knowledge not only of the relation
of the states with the general govern
ment, but of the treaties with, and
relations of the National government
to foreign powers and after at length
setting forth the requirements of the
position, he gave Judge Marshall tn
full need of praise, when he applied
to him the title THE Exponder of the
Constitution of the United States"
This address by Judge Story, given
by one of the intimate companions
and friends of the deceased Chief JUS
tice, Is a monument to his memory
and fame.
An address upon John Marshall
would not fittingly close without
reference, brief though it may be, to
some of the cases in which he pro-
nounced the judgment of the court on
constitutional questions.
John Marshall became Chief Jus
same year there was begun case in
volving the right of that court to pass
upon the constitutionalitv of an act
of congress, in the case of Marbury
VS.. Madison.
On proper application by affidavits,
rule was granted by the supreme
court in favor of the plaintiff Marbury
to require Secretary of State Madison
to show cause why writ of mandam'
us should not issue requiring him to
issue a commission to Marbury as
Justice of the peace for the county of
Washington in the District of Column
bia. to which Office he had been ap
pointed by President Adams. No
session of the supreme court was held
in 1902 and in February, 1903 the APP
plication for a writ of mandamus
came before the court (no cause why
it should not issue having been
shown, and after argument and due
deliberation the judgment of the
court was delivered by the Chief
Justice.
IL was nelQ.
First. That Marbury had right to
the commission as Justice of the
Peace.
Second. That he had right which
had been violated, and under the law,
had remedy.
Third. 1t was decided that the SUI
jurisdiction Except on certain speci.
fed conditions which did not apply,
that it had no original power to is
sue the writ of mandamus; that the
Act of Congress authorizing such
writ as an original exercise of power
was unconstitutional, and therefore
the writ was denied.
This decision and opinion of the
Chief Justice has by the weight OF
opinion of lawyers generally been
held the strongest and most important
of any of the constitutional decisions
of Judge Marshall Without taking
time now to further dwell upon it, its
authority has never been doubted,
and the Constitution attained the SUI
preme place in the laws of our coun-
try that it have never held before and
from which no assault have removed
it.
AS to which one of four or five OF
Marshalls opinions are the greatest,
much diversity of judgment exists
among those lawyers best fitted to
decide. The viewpoint as to this
question is, as in regard to other
questions most important. The pos
sible, If not probable effect upon the
institutions of our country, If the de,
cision had been the reverse OF what
it was is always of prime Importance
and with this contingency in mind 1t
| is probable that the case Of McCulloch
vs.. the State of Maryland stands In
front rank of those cases which are
really the bulwark of the Republic
The case involved the right OF the
state to tax a branch of the bank OF
the United States, by requiring 1t TO
use in it's issue of notes, stamped
paper of the state. 1t was not sought
in the act of legislature to tax the
property of the Bank directly. but In
the requirement that 1t should use
hry he