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

that ideal euiIpoise of judgment which
prevents an irrcvocable conclusion un-
til the end he was master OF II. pu1
when that time came. when the cause
was ended and submitted. and the
clarifying processes and workings OF
his intellect HAD revealed to him the
truth. John Marshall declared II. ana
litigants and lawyers knew that the
final word had been spoken and from
It there was no appeal. In reasoning
power he was unapproachabie. III
clearness OF mental vision, In stability
Of foundation principles. and acutencss
OF analysis. he was easily first. Re
Garding the principles of our govern :
fent with tender love and affection. MS
ardent desire was to SO fashion II that
it would stand for all time. a free gov
ernment for free men.
Impressed. as ne ana other leaders
had been, by the weakness of the con-
federation Of the states. ne was firmly
convinced that an entire change as To
federal power must be- invoked. Or
chaos would result He recognized in
the constitution that. while II provided
for a government of limited powers. IT
was intended that the powers which
were granted should be unlimited and
that the federal authority within those
powers should be supreme. 1t had
been said by q great lawyer that rea-
son Is the great authority upon conStl-
tutional questions and the faculty OF
reasoning Is the only instrument by
which 1t can be exercised. and II be-
came his duty to- construe the consti-
tuition. to remake 1t. as II were. HIS
great reasoning powers were devoted
to the task of constructing II frame
work for future ages and for the gov
eminent OF millions yet unborn.
1T will be remembered that he was
a member of the convention OF Fir-
ginia which was formed to consider tn"
constitution just put forth, for the
purpose Of being submitted to the
states. and on being urged by many
voters In his home county. while a can
didate for election to the convention.
to vote against II, he said: The Iucs-
lions which have been perpetually re-
curing In the state legislature and
which brought annually in doubt prin-
ciples which thought most sacred.
which proved that everything was
atioat. and that we had no safe en-
chorage ground, CAV" high value In
my estimation To that article in the
constitution which imposes restriction
on the states. was consequently Il
determined advocate of its adoption
Here we find clear ray of light
reflected. as early as in the thirtieth
year of Marshalls life. upon the forma
tive processes of his mind. rs after
ward set forth in his many adiudica-
tons upon that great instrument.
"Rut it is to a companion upon the
bench for twentyfour years that VIC
owe tho most heartfelt and glowing
tribute to John lMarshaii's ncumcn and
to use his own Language. almost super
human Abilities Mr.. Justice Story
gave. soon after Marshalrs death. an
address upon the life and labors of his
deceased friend, who had been his
sociate and colleague on the bench fo'
nearly quarter of century. and his
estimate OF the character and wonder
full ability OF the chief justice remains
unsurpassed to this day. With re
markable power of language Justice
story sets forth the necessary qualih
cations Of mind for one who shall fit
tingly occupy a place upon the supreme
bench: the new and heretofore untrod
den fields of research and thought. the
diverse and oftcntimcs conflicting laws
OF the different states. the new doc
trines that must be studied. the neces-
sity Of at times forgetting in one cause
! what has been learned in another from
It's inapplicability or local untitness
that he who would properly discharge
| such duties must have knowledge moi
only of the relation OF the states with
the general government but the treat
| les with, and relations of, the nattona
government to foreign powers: ant
| after at length setting forth the re-
quirements OF the position. he gave
Judge Marshall the full need OF praise
when he applied to him the title. The
Expounder OF the Constitution OF tho
United States This address by Judge
Story. given by one OF the intimate
companions and friends OF the deceased
chief Justice, is a monument to hi:
memory and fame.
IAN address upon John Marshal
would not fttingly close without 6
reference. brief tho 1t may be, to some
of the cases in question. preference:
omitteD.
"The most widely known. to the peo
pie generally. OF all OF John MARSHALL:
| decisions Is that OF the trustees o
Dartmouth College VS.. Woodward. Th'
fact that the fortunes Of. at that time
comparatively small college were tn,
foundation for one Of the most famou:
decisions in American Jurisprudence
has invested che case and its result
| interviewer with the history Of the cas-