Evening star., 1931-12-13
First in His Heart Was George Washington

State, which position he held until Adams
term expired March 4, 1901 But in the
meantime, President Adams also appointed
him Chief Justice of the United States Su-
preme Court. From January 81 to March T.
1901 therefore, Marshall held both positions
an unparalleled case in American history
The Supreme Court then was devoid of the
power and prestige which 1t exercises today
In fact, John Jay. the first Chief Justice re-
signed in 1795, because he felt the court was
defective and would never acquire weight and
dignity. During the term of his successor
Oliver Ellsworth the prestige of the ONCE was
not raised
But when John Marshall took hold MAR
shall! was the third Chief Justice and not the
first, as Is enormously thought by many peopleJ,
the situation changed. BY his agreeable per-
sonality and because of his marvellous power
OF analysis and logic he became the leader OF
the court, In action as well as in name; soon
he was practically the sole spokesman of the
tribunal. John Marshall was the Supreme
Court and the Supreme Court was John
Marshall. No man did more to centralize the
Government; no man did more to interpret the
Constitution. John MarshalPs decisions are
just as potent today as they were when he de-
nvered them.
The four best known cases over which
Marshall presided are: Marbury vs. Madison:
MCulloch vs. Maryland; Dartmouth College
VS. Woodward; and the Aaron Burr trial In
the first case Marshall laid down the principle
OF American constitutional law that 1t was the
duty of the Supreme Court to disregard any
action OF Congress or of a State Legislature
which the court thought was contrary to the
principles Of the Federal Constitution. In the
MCulloch VS.. Maryland case, Marshall ruled
that the United States Bank was constitutional
He gave to the delegated powers of Congress
wide Interpretation, and in handing down
his decision he said:
Let the end be legitimate let it be within
the scope of the Constitution, and all means
which are appropriate, which are plainly
adapted to the end, which are not prohibited,
but consistent with the letter and spirit Of the
Constitution, are constitutional"
These few words became the basis of manv
future court decisions and much congressional
legislation. Here was a masters interpreta-
tion OF the implied powers granted by the
constitution. These words have become part
and parcel OF American constitutional law
In the Dartmouth College case Marshall
ruled that State could not repeal charter.
that charter was a contract, which even
State could not violate
HE most colorfuI and dramatic trial presided
over by United States Judge was the
Aaron Burr trial in 1907. Aaron Burr was &C.
cused of being spy and attempting to dis
member the Union President Jefferson was
calling for the traitors penalty The country
was aroused to fever pitch. Everywhere Burr
was burned in efigy. To mention the name of
Burr was to invite trouble. The city of Rich
mond, where the trial was being held, was agog
with excitement. The pros and cons of the
case were discussed in every home, in every
tavern on every corner Marshall ruled Burr
not guilty for lack of evidence as demanded by
the written Constitution of the United States,
1t was a most difficult case 1t took a man Of
John Marshalls courage to handle it.
In all, Marshal handed down A decisions ON
constitutional questions. These decisions are
his monument.
During the first few years of office as Chief
Justice, Marshall with the assistance of Bush
rod Washington, wrote the biography of mis-
hero, George Washington. The work was COM
pleted 16o4-1807 in five volumes. While this
biography has been superseded by more recent
historical research, his recountal of George
Washington's life and deeds is still of great
value to the historian and of great interest to
the layman.