Evening star., 1935-08-11

to their own happiness u the basis
on which the whole American fabric
has been erected. The exercise Of
this original right IL very great
exertion; nor can 1t, nor ought IL.
to be frequently repeated. The prin-
ciples, therefore, 80 established. are
deemed fundamental And as the
authority from which they proceed
Is supreme. and can seldom act. they
are designed to be permanent"
"The powers Of the Legislature are
defined and limited; and that those
limits may not be mistaken, or for
gotten, the Constitution is written"
THE Constitution Is either Q 81.
perior, paramount law. unchangeable
by ordinary means, or it is on q
level with ordinary legislative acts,
and, like other acts, Is alterable when
the Legislature shall please to alter It.
IF the former part Of the alterna-
tive be true, then q legislative act
contrary to the Constitution Is not
law. II the latter part BE- true,
then written constitutions are absurd
attempts, on the part Of the people,
to limit q power in its own nature
illimitahle"
THE judicial power of the United
States Is extended to all cases arising
under the Constitution"
Prom these, and many other Sc
lections which might be made, 1t Is
apparent that the trainers Of the
Constitution contemplated that in
strument a. o rule for the govern
ment Of courts. - well as Of the
Legislature"
"Thus, the particular phraseology
Of the Constitution Of the United
States confirms and strengthens the
principle, supposed to be essential to
all written constitutions, that Q law
repugnant to the Constitution ID void,
and that courts, a. well - other de-
partments, are bound by that instru-
ment."
However. though the decision was
in Marhury's favor, yet he never re-
ceived his commission and, since he
was . man Of importance. probably
did not care o rap.
John Marshall was o sincere lover
Of George Washington. as evidenced
by his Life of the Great Patriot" and
in countless other ways. When he was
serving In Congress, in 1900, just be-
fore coming to this city, we find Mrs.
Thornton writing him, as she puts It,
"to request him to propose to the
House TO pass a secret vote that Mrs.
Washington at her decease might be
laid in the same tomb with the gen.
eral," which was In harmony with
the motion he made in Congress, De-
cember 23, 17ss, providing for Q mar
BILE monument In the Capitol and the
depositing OF his body under 1t.
However. up to 1888, when Marshall
became the first president Of the
washington National Monument eo-
ciety, the public had despaired Of
Congress ever erecting q worthy me
mortal to the First President. Tne
corner stone Of the Washington Monu-
ment was laid July I, 1s4e. but the
Chief Justice had long since passed
away.
John Marshall died at his lodgings
in Philadelphia July 6, 1885. where he
had gone to undergo . surgical opera
ton. His body was removed to his
home city, Richmond, Vs. and In
TERED In Shockoe Cemetery.
The day following the death Of the
Chief Justice the bar Of Philadelphia
met and resolved that 1t b recon-
mended to the bar Of the United
States to cooperate in erecting q
monument to his memory OF some
suitable place in the City Of Washing
ton" This Cooperation" nstted Just
50 900, when donations ceased. bus the
committee continued to carry on and
J through judicious management. by
} 1880, the amount collected in 1855 had
} grown TO be almost $4,000. To thi.
Congress added Q like sum; the noted
sculptor, w. w. Story. son Of Justics
Joseph Story. who served on the eu.
preme Court bench with the CHIEF
i, justice for - years, was secured. and
. tJa iuauresxive bronSk statue which