Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-19
John MARSHALL Americas Foremost Constitutional )1s
Daveby J L Before atBa

is the fact that in presenting II before
tho supreme court Daniel Webster. tho
great constitutional lawyer of tho
times, made one OF his most impressive
and powerful arguments. The Incidents
attending Mr.. Websters argument. the
reference To the college as being his
own alma mater, and the visible effect
upon the chief justice and his assoc
Ciates OF the argument and it's eloquenei
pcroration al, familiar To US ali. il
Is one OF the glories OF our profession
that such II cause could have such an
advocate as Daniel Webster, and such
"A judge to render the decision as Judge
Marshall statement of facts omit
ted).
''One OF the noticeable features OF
these decisions is that in two OF theDAi
10 authority was cited whateysr. In,
he Marbury case two citations werO
given by the chief Justice. Otherwise
he decisions were the result OF thass
reasoning power which proceeded'
straight and unerring as u ray OF sum
light on It's mission.
Il can not and will not detain you
longer with references to these land
marks of our country's liberty and
greatness. At the right time in our
history. and by the right man were
these and other principles OF free gov
eminent established and the peace.
tranquility. and happiness OF the ctateS
established.
In the old world conquerina gem
oral was frequently loaded with tho
gifts of grateful people. John Mar
shall has given tn this nation more IN
substance. in stability. and power than
could be gained by territorial aggres.
sion. which Is often the result OF blood
shed and war. He died at the age of 80
! years. the same quiet unassuining man
he had been thru life.
| NO writer has given stronger ana
more truthful estimate OF his work
than james Bryce. in his work. Tho
American Commonwealth when he
says:
His work Of building up and
working out the constitution was
accomplished. not so much by the
decisions he gave as by the judg-
men's In which he expounded the
principles OF these decisions, jidg-
ments which for their philosophical
| breadth. the luminou exactness OF
| their reasoning. and the fine politi-
cal sense which pervades them.
| have never been surpassed and
| rarely cqualled by the most famous
juristS of modern Europe or OF an. ,
! cient Rome. He grasped with cx-,.
| traordnary force and clearness the
| cardinal idea that the creation of
| national government implies the
| grant of all such subsidiary powers
| as are requisite to the cffectuation
| Of its main powers and purposes.
| but he developed and applied this
| iica with 80 much prudence and
| sobriety. never treading on purely
I political ground. never indulying
the temptation to theorize. but
T, content to follow out as lawyer
J the consequences of legal princi-
! pies, that the constitution seemed
, not To rise much under his
hands to It's full stature. rs to- be
| gradually unveiled by him until IL
stood revealed in the harmonious
perfection OF the form which Its
trainers had designed. That ad-
mirahle hcxibillfy and capacity for
growth. which characterizes il be-
yond all othor rigid or supreme
constitutions. Is largely due to him.
vet not more to his courage than
to his caution
The problems Of government OF the
United States which demand solution
and development. Its increase OF pom
ulation. OF wealth. of power and in
nuence among the nations of the
earth. have never been equalled since
governments were organized. The re-
cent past has given occasion for mo-
mentous decisions nf the supreme court
to be pronounced. We occasionally sec
statements in the public press to the
effect that certain cases are pending in
grave as any decision OF that court in
| its past history. Such statements are,
y for the most part. gross exaggeration
and yet. while il is undoubtedly true
I that decisions of that court. some OF
! which have been referred to in this ad-
II dress. did give the union strength and
! stability that 1t could not have gained
! from any other source. this Is also true
that In the developing history OF the
republic problems will be solved nv
that court as important to It's future
stability and progress as any that have
been decided in the past.
IF the time shall ever come that the
i safety and integrity OF this union OF
\ states shall depend upon the dectsion
| OF a question thus Vital in it, naturcs
| no greater gift could be vouchsafed by
| Divine Providence than that It shall ~!
pronounced by a chief justico with
such singleness Of purpose. such parity
or intention. ana sucn unoufpa0qll
wisdom as John Marshall sa