Evening star., 1935-08-11

Supreme Court Of the United States
had adjourned at Philadelphia on the
fifteenth day Of August and the ensu-
ing term was fixed by law to com"
mence on the first Monday Of Fenru-
ary, eighteen hundred and one, the
seat Of the government In the mean
time having been transferred to
Washington. For want of o quorum,
however, 1t was not until Wednesday,
February fourth, when John Marshall,
who had been nominated Chief JUS
tice Of the United States on January
twentieth by President Adams, and
commissioned January thirty first,
took his seat upon the bench, that
the first session Of the court In this
city began.
THE court in the II years after
Its organization, during which Jay
and Rutledge and Ellsworth-giants
in those days-presided over its ''elib-
erations, had dealt with such Of the
governmental problems a. arose in o
manner worthy of its high mission;
but it was not until the questions that
emerged from the exciting struggle Of
1900 brought it into play. that the
scope Of the judicial power was de-
veloped and declared, and its signifi-
cant effect upon the future Of the
country recognized. -
ITO hold the balance true between
these jarring poles; to tread the
straight and narrow path marked out
by law, regardless Of political expedi-
ency and party politics on the one
hand, and of jealousies Of the revising
power on the other; to reason out the
governing principles In such .nanner
as to leave the mind free to pursue
Its own course without perplexity. and
to commend the conclusions reached
to the sober second thought; these de-
nanded that breadth OF view. that
power Of generalization, that clearness
Of expression, that unerring discre-
ton, that simplicity and strength Of
character, that indomitable fortitude
which, combined In Marshall, enabled
him to disclose the working lines Of
that great republic whose foundations
the men of the Revolution laid IN the
principles Of liberty and self-govern-
ment, lifting up their hearts in the
aspiration that they might never be
disturbed, and looking to that future
when its lofty towers would rise into
the midst Of sailing birds and silent
air."
1t was about this time that one Of
Washington's oldest downtown streets
was named John Marshall place In
honor Of the Chief Justice.
Justice Marshall had hardly cot ac-
customed to his new duties before one
Of the most famous cases to come be-
fore the Supreme Court came up for
decision. It was the celebrated case
Of Marbury versus Madison.
pRESIDENT ADAMS did not relish
the idea Of being defeated by
Thomas Jefferson for the presidency
He was one OF the trainers Of the Con.
stitution, and felt somewhat uncertain
over Jefferson's support Of that docu-
ment, and to quote the late Judge
Charles o. Bundy:
President Adams and all his asso.
ciates knew that Thomas Jefferson wal
In Paris studying French philosophy
when the Constitutional Convention
was sitting in Philadelphia; and moi
one Of them believed it possible thai
he could understand either its iettel
or spirit. And, Notwithstanding ths
people at the polls had just expressed
q contrary opinion. MIR. Adams con.
ceived 1t to be his highest duty X
save the country by filling the Judi
cial oflces with men who could b,
depended upon to thwart the -aalevo'
lent designs Of the enemy"
Accordingly, Marshall was appointet
Chief Justice Of the United States
and, further, In the closing hours O
his administration, he sent In Q mum
Der Of other judicial nominations Of I
more or less local character. Includes
In these were q number Of Justices o
thu reace- whose Commissions haa