The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-16
Contest with jackson.

sOnNest WIN JucAsoVs
John Marshall lived TO lock horns with
another great Democratic hero jackson
vas as absolute IN his rule OF Congress
W Jefferson. He dissented from the judg-
ment Of the Supreme Court In sustain
ing the validity of the United States bank
act. vetoed the bill renewing Its charter
passed by his own Congress and withdrew
he Government deposits from the bank.
"IIe asserted that he had right to
differ from the court un "A constitutional
question as the head OF an independent
branch of the Government Again In
, Worcester vs. Georgia, the Supreme Court.
| through Chief Justice Marshall, held that
the reservation ofthe Cherokee Nation was
not under the legislative control OF
Georgia and that a man arrested by
Georgia authority for an offence against
the State OF Georgia In the Indian reser-
walton was entitled TO release by a writ
Of habeas corpus IN the Supreme Court
OF the United States. The Governor OF
Georgia dehed the writ. retained the prls-
| oner. and Andrew Jackson "a President
declined TO enforce the judgment OF the
supreme Court
Twice. therefore, In the Administra-
tion Of that forcefu President and ex-
pOnent OF democracy he set the courts
authority at naught. Yet the courts con-
struction OF the Constitution as to the
power OF the general Government to es-
! ton OF that instrument. and indeed within
/ this very year the party who look to
| jefferson and 70 Jackson as It's party
! saints has enacted a banking law that
| assumed greater power In the establish
| ment and control Of the whole banking
system OF the country than the most ex-
! treme Federalist would have dreamed OF
| In Hamilton's day.
The kindly dlgnlfies smile that would
play over the features Of the great Chief
| Justice. the emphatic explosives that
would come from the lips of the hero
OF New Orleans, and the epistolary burst
| that we rA'ght have from the father 81 the
| Democratic party, II they were To return
/ in the flesh to see this vindlcatlUn ~
John Marshslrs court by Mr.. Wilson'S
| Administration. offer a most interesting
field for the imagination"
Resul,s of the Judgments.
After citing the bred Scott and other
cases Mr.. Taft continued:
The general result OF these judy
ments OF the court, I have reviewed, hat
! been that instead OF defeating the will oil
! the people. they merely secured its de
liberate expression and then enforced IL
Consider the history OF the court and
country and point to n single instance II
| which the court prevented the accom-
plishment OF the settled purpose OF tn,
majority of the people
| 10 the people DelleNe tO-uly Mar
shalls liberal construction OF the Const!
ton or Jefferson's? DO they believe to
day IN Narshall's view Of a United Statel
bank or Jackson's? Do they believe IL
Marshall's view of the obligation OF q
State Governor to respect the writ o.
habeas corpus issued by the Supreme Cour
| or Jackson's? Do they believe In fancy
view OF the power OF the Federal Gov
eminent TO enforce United Statk law IL
a State or that OF those who resisted thu
fugitive slave law? DO they believe II
the power OF Congress to declare green
backs legal tender?
surely the conversion OF a large par
of the Democratic party to irredeema bic
paper currency and its embracing as 6
party policy the free coinage Of silver
would indicate a general acquiescence II
that Judgment. Do they regret that the
Supreme Court preserved the autonom,
and sovereignty of the States in tn,
slaughter house and civil rights cases b,
the majority's construction OF the Four
teenth Amendment? DO they not thanl
God to-day for the judicial decision OF
the contest between Hayes and Tiden
however they may regard the merits OF
that controversy
waiting a decade after the Income Ia,
decision before providing IN a constitu
tional way for such tax? DO the peopl,
not now rejoice that II has been possible
for the United States Government 4
discharge It's duty as guardian to tn,
wards that came to It as result OF thu
Spanish war without the hampering re
striction of certain utterly inapplicabl'
limitations OF the Constitution?
1.-The history of the court In previous
political crises and It's quiet but enectiv,
strength to outlive such attacks upon I
as we now see preparing against II should
lead all lovers of liberty regulated by Law
to take courage. and whenever every othe
branch OF the Government falls US In sane
sound action to look to the court as th
J bulwark to save the people from lnjur!
by the hasty action OF majority OF TIL
electorate"