Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-19


court and it's chief presiding judge
with sort of halo. the direct result of
the veneration we feel for the great
position that court has held for 122
years in connection with the destinies
of our country. At the time of John
Marshall's appointment, the court was
but eleven years old, having been es-
tablshed in 1889. 1t had but two chief
justices, John Jay for six years and
oliver Ellsworth for three years, both
Of whom had resigned. One appointed,
John Rutledge, had failed of confirma-
ton and thus in the infancy of the
union with it's rules OF practice hard
ly established, with no decision of the
court that would assume the dignity
of landmark, John Marshall took his
seat at the age Of IS years, hoping. as
he stated in a letter to President
Adams, to never give him occasion to
regret making the appointment. The
court had previously held its sessions
in the city of New York, but when
Marshall took his seat as chief justice
it began it's sessions at Washington,
the capital Of our country.
THE preparation of John Marshall
for his life work had been of the
broadcast character. He had been, as
has been said, soldier. member Of
the legislature, and finally appointed
on mission to France. He had on his
return yielded to the solicitation of
Washington and became a member OF
congr ess. He retired from congress to
accept the office Of secretary of war,
and for few months held the office
of secretary OF state. He had filled
each and every station to which he
had been called, without any solicita-
ton on his part, or thought of personal
advancement, with that fullness OF
success which marks pre-eminent abil-
ity and gave to him that wonderful
prepa ration of mind and knowledge,
for the discharge of the duties of pre-
siding judge Of the supreme court dur
ing the most critical period of our his
tory.
"For nineteen years did this work Of
preliminary training continue, until the
fateful moment when he should be
called to his life work. 1t is impossible
now to conjecture what would have
been the fate of these United States
had President Adams choice been other
than 1t was. He could have found no
one who, as subsequent events trans
PRED, was more fitted for the task.
Suppose for the moment he had chosen
a weak or vacillating chief justice at
that formative period; we may as well
reflect upon possible results had Presi-
dent Buchanan's election been deferred
four years later than 1t was, and had
he taken the presidency in the begin
ming OF the civil war. instead of Abra-
ham Lincoln. The wisdom Of man Is
not adequate to predict the result, but
it might we'll have been the end of the
union.
"The work upon which John Mar
shall entered, in his accession to the
chief justiceship, was new and untried.
He had not had the advantage Of eN-
perience in a nisi prius court in hear
ing testimony or arguments and which
is, in some respects. an admirable
course of training for higher judicial
responsibility. He had substantially no
presidents or landmarks to guide him
in Interpretation Of the constitution, in
regard to which his opinions have chal-
lenged the admiration of, the world.
While there. had been only. two decis-
ions rendered before he took office up
on constitutional questions by the SUI
preme court, there were rendered while
he was chief Justice fifty-on decisions.
involving constitutional questions and
some of the gravest Importance.
But while the cases that involved
these questions, and especially those
in which Judge Marshall delivered the
opinion Of the court. have been the
chief foundation of his greatness,
there was decided by the court during
Judge Marshalrs occupancy Of office
1,1O6 cases in which he personally pre-
eight dissenting opinions to the major
ity opinions of the court, and this fact
alone shows that being only one Of
seven judges as the court was then
constituted, either by the Difference Of
other members of the court or by their
acquiescence, the duty devolved upon
him of formulating the opinions. and
giving the expression to views of the
court in almost one-half Of the cases
decided during his term of office. 1t is
further to be noticed that in thirty five
cases on constitutional questions above
referred to. John Marshall prepared the
opinion of the court and one Of the
dissenting opinions that was rendered
by him was in the great case Of Ogden
vs. Saunders, and incidentally it
may be mentioned that succeeding
years have with constitutional lawyers
GENERALLY strengthened the belief that
he was right and the majority Of the
court was wrong.
'The constitution Of our country was