Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-02-03

3oO biIlS are ahead or II. ana months
, go by before ii is brought TO the at
! IN Ia" Senate. If IL gets through con-
! ference. II II manages to get by and
! attain III" executive signature, imaE Inc
| the delight and relief OF the author.
| Then picture his distress when year
later II comes up before the Supreme
Court and is declared unconstitutional.
Hostility to the Supreme Court be-
gan In the early days, shortly after
I the court WAS established, when John
Marshall was Chief Justice. Marshall
was On. of the greatest personalities
the nation ever produced. and ous %
til" most Interesting. lie was born in
Virginia. the son OF country squire,
with exceptionally clear vision and
p"wcrful mind aud spent his boyhood
riding. hunting and Misunderstanding
hs lille AS possible Later he became
II great student Il lieutenant in tho
Revolutionary army. lawyer. q min
lister abroad. r.cnbcr OF Congress-
Secretary of state. and finally q Chief
Justice
Saw Through Prctrnder..
lie is described as II tail. spare man
with remarkably magnetic eyes and
p"sscss"'l of Il clear analytical faculty
that disarincd all pr.t"ndcrs before
iiis bar. John Quincy Adams once said
ihat n his father had done nothing
"iSc. he had achieved fame in appoint
.hE john Marshall to the bench.
Jefferson and Marshall we're implao-
able enemies. Marshall stood for ma
ii"nalism aud jefferson for individual
liberty. and neither Of them was tho
sort OF man 10 make any concessions
Just ncfor" the end or John Adamss
term the FedcraIis,s in Congress re-
arranged tn" judicial districts and es-
inb!isned separate circuit cour;S i'm six
circuits distributed among twenty-five
districts. each court having thre,
al
whil" The number OF justices on tho
Supirin" bench was reduced 10 hys
one of whom was 10 be tho Chief Jus
,icc. This Now plan gave President
Adams the pleasant duty OF appoint
ma. sixteen judges.
As soon as Jefferson became prcsi
dent. the Arti-fedcralist Congress nro-
coded to repeal tho act establishing tn.
circuit courts, but in order TO nr.-
vent oiS possible" interference. from
Justice Marshall who Was extremely
popular with III" people. IL simply sus-
pended the sessions OF the Supreme
Court FOR over n yray. =; the sam.
time. Judge Pickering was impcacb.d
Tor misconduct. although tho old iud1,
Was clearly insane. and this was fol-
lowed hv the imp"a chm"nt Of Justice
Chase. asso"ia'" Justice Of tho Suprer,
Court. whose intense partisan spcech..
were held 10 be a symptom OF h.rh
crimes and m'~dcmeanors
Marshall Again rriumphcd
The real object OF ihc impeachnen,s.
"f course. VAS 10 cnsr a shadow OF i'll
r"putc over the b"nch and show tim,
II could be reached through impcach-
mont. iufor,unatclv .or this p,irno..
however. the charges were not s,is-
tanned. TIL" attorneys for Tho defense
proving that "nisdcrn"anrrs" In tho
Constitution meant irdictable oncnsc.
rms was n great victory for Marshnii.
TIL" Anti-Fcdcralisis in Congress,
were cnraG"d. and John Randolph i'm
mcdiat"ly submitted an amendment 70
mo Constitution which read: "rh.
Judges OF TN" Supreme Cour, and all
other courts Of the United States shall
b" removed by the President IN III,
JON, addresses OF both houses Of CON
gross This diG not prove ropul.r
ana Marshall continued 10 deal out i,i-
"!ciai opinions with cXaspcrs,irS
calmncss. In the Marbury vs Madison
case. decided in 1903 the supreme
Court for the nrst time declared a law
OF Congress unconstitutional
Marbu"y had been appointed .us.ic.
or inc peace III TIL" District of Column
eia, b" President Adams. and tho an
p"lntin"nt had been confirmed hv tho
senate. bu, Adams left Washington
without mailing the commissions and
inc new administration ignored III.
matter. Thcr"upcn. Marbuiv appcalcd
damuf 10 Secretary Of State Madison
aircctInE him to turn o>or the com
mission. Under tn" judiciary act o.
i'aS the Suprcrn" Court WIS given tho
power 20 issue writS OF inandamus but
not IN an original proceeding This rc-
S'r'c,l"h was declared unconstitutional
by tho court. thereby establishing /,
precedent which has frcttcd Congress,
ever since down TO the present
nav IN" Constitution was TO be IN
"cih nS the courts, they saw it,
even when Congress before passing an
a't MAO pnt ~ own Interpretation upou
me constitution. was tho point at is
sue 'hcn. and II is tho point at issue
now. sine" then. the Surrtne Court
va" nccIartd twcnty-on" acts o. Con-
El'SS' ana over 200 state laws uncon-
S'i.utional And. doubtless. MANY NOR.
VIII suffer the same fate The o,von
'Soi"''"h would save them from, thsir
49, our Inc resolution is So radical
would after 50 fundamentals orr n-.,
sht Sch"m" of balanced bower tina. ~,
In,"It is doubtful, to say the least