Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-25
Prize Winning Orations
Champion Discussed "John Marshall and Federal
SUPREMACY and 'John Mdrshalps Part in Trial
of aaron Burr, With Particular Reference
to Constitutional Issues.'

Edmund A. Oullion's prepared grafton,
John Marshall and Federal Supremacy"
follows:
These are the law givers. These are
the kings Of wisdom in the ages Of
man; Moses and Solomon. Scion and
Pericles. Justinian and Antoninus Plus.
These are the justices Of some supreme
and immortal court that sits on Olym-
pus. ..
. In the year 1855 there came one des-
tined to lend prestige even to that
eternal tribunal. That one was John
Marshall the law giver OF the new era,
o new Nation, new theory Of govern
nert conceived in individual liberties,
but to be confirmed in q national pa
triotism
He saw the futility of our Govern
among the several colonies; he realised
that the future Of the Nation, unless
supreme and responsible powers were
reposed in a strong central government,
was hopeless. Finally he knew that the
need OF fixed policy. final authority
and national organization could be
supplied only by the Constitution OF
the United States. But vital to his con-
ception of the State as body of people
written constitution was the acceptance
of the supremacy Of the Federal Gov
eminent.
Tribunals Future Doubtful.
AS chief justice for years, his deci-
sions were to become the mile-Stones
of our progress as q nationalism. But
at the time of his installation the posi-
ton of the judiciary was precarious.
The policy Of the Supreme Court was
but indicated. Jefferson had begun to
attack it and the whole theory OF CEN
tralized government. The Constitution:
ostensibly, was the moving genius Of
the Government. The people saw ana
wondered. Would this document de-
stroy the individual capacities OF the
States? Take away the initiative OF
the citizen? Was It o charter of their
liberties or some Ynaleficent proclama-
ton Of their restrictions? To these
the judiciary and John Marshall came
TO represent the Constitution ana the
central Government. Our general ap'
plication Of the Constitution 10 ac-
tually determined in the cases Mar.
shaIl decided. In them he established
the principles which are vital to Federal
SUPREMACY. He read in the Constitu-
ton purpose which confers immor-
tality, an ideal principle that the Ma
ton was no mere compact OF states
hit A Federal unit, constituted by
sovereign people as the agency OF dem.
ocratic government and the saIeguaIo
Of individual liberty. 30 constituted.
the Federal Government was supreme
and indestructible.
al, institption of uncertain prestige, yet
made his opinions the foundation OF our
Constitutional law and the embedded
Strength Of the Constitution itself:
THESE opinions form the gospels OF
nationalistfc doctrine Their apostle Ia
John Marshall. Study his cases. Az
this day they are plainly to be reckoned
remarkable intellectual achievement
But imagine yourself In the time and
circumstances Of Marshall. TO deiyer
a final and. responsible verdict on ques.
tions Of contemporary controversy, ana
to initiate national policy frequently
without advantage Of statute or estap-
lished precedent, IS, IN itself, new
and radical departure.
Followed Middle Course.
eButsto incorporate this verdict in an
opinion embodytng the elements OF law
and equity involved. and to correiate
the whole To some final instrument OF
decision, such as the Constitution. de-
sense Of the aim Of government Mar
was neither strict nor liberal His way
was the middle course--the golden
mean Of Government. He seems to
have been raised up by beneficent
Providence, q happy destiny. Without
him the Government would have had
no balance, no keystones; the Consti-
tuition no interpreter, no expounder.
He builded O nation Just es Washington
before him, and Lincoln after him
There seems fact Of greatness in the
very similarity.
Marshall and Washington both
marched from Virginia to position
around the fount of Government.
Marshall's contribution was one OF
prophetic vision. If, as Emerson said,
Tan institution Is but the heightened
shadow Of a great man." then the
Supreme Court, and through 1t the
Constitution, is the full bodied, sub
limated shadow Of John Marshall. His
place in our national history Is that OF
q wise man approaching across the
waste sands of doubt and ignorance,
bearing gifts to the newborn Con-
stitution.
EXTEMPORANEOUS SPEECH.