The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-08
Richmond.
70 G Tor &, WSthe md John ,Iarshr,l.

70 en-, Inc Editor Of The Times Dispatch:
SIT must have afforded your
t ,Ge yerv much nc, pleasure to have read
Times Dispatch OF last Sunday on
George Wythe. the great chancellor
VIA, law y, statesman and patriot. of
e9nail light up my feeble taper be-
lUre me brightness OF his noon day
Ss Mh! II We're to compare the dull dew
crop or the morning TO the Intrinsic
beauties OF the diamond
WITH all Difference, however, can
not subscribe to the lntimation or sug-
EtStloh contnincd in the EDITORIAL that
Chief Justice Mnrshall's broad and
ioeral interpretation OF the Constitu-
feet Marshall studied law. 1t Is
, ar,e ina with Marshall Madison, RAN
aioiph and Pendicton the incompara bic
ciianceilor and jurist was n strenuous
"uivocaic or the adoption of the Con-
stuI.n.ion US against Henry and other
anyocateS Of State sovereignty. WHO
opposed Is adoption but it is hardly
ialr on that ground TO class him with
nc broad or liberal Interpreters OF the
on4nis.it.ution. for there were not a few
huEocattnS its adoption who after
wares belonged to the strict construc-
ton school OF politics ana judicial in
tuSrnretation: 1t is also true that Mr.
WINES enunclation OF tho power OF a
court to declare an act of the Legisla-
lmrc Unconstitutional preceded that of
oniet Justice Marshall in the great
Eou refer: but this proposition Of law
nad no special reference to tho Inter-
pretation of the Constitution: tho prin-
cipie was applied by state and Federal
courts alike Nor, | submit Is the
fact that Marshall studied law under
WWSthne a slight indication even that
depreciation Of Marshall. for jefferson
, Wns MS pupil and Law student also.
H ~. intense admirer and intima tc
friend: yet Jefferson regarded Marshall
as one Of the. most dangerous enemies
Q. the Constitution. and their views
81 o., that instrument were as divergent
rs the two poles.
On the other hand. and as anirma-
lively indicating Mr. Wythc.s distp-
pForal Or I'd dissent from Marshalls il
Henry Hitchcock. In ~ Very able lee
ture before the University Of Michigan
IN :, 1889; refers to this historical incl
ton OF Jaws treaty With tn E .n,;t
added fuel to the flame. Bittcriy de-
m m1bnrsca nX the Republicans every
,,lrcs and for It's alleged unconstitu-
tionality. il was SO odious In Virginia
mat the friends OF Marshall who.
.,snin MS own remonstrancc, had
urged him for the sake OF his own
inI,nence If not his personal safety. to
take no nart In tho Legislative debates
on that subject. Resolutions had be .e
adopted by n public meeting in Rich
m9nd. at which Chancellor Wythe pre-
- Ht,,'iaI lflS inc treaty "inSultip
10 the dignity injurious to the inter-
csts. dangerous to the security, and re
nuSnant to tho Constitution Of mo
! United States" IT is true that Mar
snail. In the Legislature. compcllcd HE
oopponents TO abandon their objcctfons
10 the constitntlonalitv a. tho treaty.
na an overwhelming argument, which
save MIN great fame ut the time. but
we are not told that Chancellor Wvthe
was IN tho Legislature or that he
abandoned his opinion.
as EirEinian. at one time belong.
ing TO the "defunct' school Of strict
prefer. to think OF the pure and ali" aha
ana ideal chancellor of this Common
wealth and country as belonging TO
M, nat class of constitutional intcrpre.
, aerS; although they arc now in dis
rcpute. Roger p. raney. the successor
or Marshall, may have been MarsbuIrs
interior intellectually ana iudlcImiIv
nut had he. with his theory or consti
litonal interpretation preceded Mar
Shall PUBLIC opinion on that PROPOSE
tion may have suffered a reversal ana
probably tho IDEAL Of confednratod
government with tho rights OF thn
s fa.hess pr r, as Intended by the
pecn the result Of our political evolu
ton and development. rather than a
consolidated Union with The states as
mere provinces. j. r. TTIC,<E,R -
Bedford City, Va. April >. 1oII s