The Waterbury Democrat., 1935-02-20

1u Als E'b"e VA
 NEA Service Stan Correspondent
 Only a. few weeks before the Federalist administration of John Adams was to fade out, taking with 1t the conservative, nationalist party which had at first controlled the new government, Adams ap- pointed a chief justice of the su- preme court.
 Up to the last night of his ad- ministration (one story says up to the very stroke of midnighD, Adams continued to appoint "pid- night judges" who were to con tinue Federalist influence in the government long after the people had voted that party into outer darkness.
 John Marshall, a Virginian of short and informal legal training, was a tall, ungainly, but powerful figure, careless of dress, democrat ic of manner, who liked to pitch quoits with his friends in front of the taverns of Richmond.
 As an ex-service man, one of Washington's truste e d officers through four years of the Revolu- ton, he had known the cold and starvation of Valley Forge, and had seen the results of having Con- tinental Congress torn by state tealousies.
 He was for stability, conservat- ism, and a strong central govern ment, even at the expense of the states.
 JOB VIEWED AS SNAP
 Nobody paid much attention to Marshall's appointment. The job of supreme court justice was still regarded as a political soft snap. The builders of the new capitol at Washington had not even designed special room for the court; 1t crept into a dismal basement room for It's early sessions.
 But from that basement room, Marshall. in the 34 years he held the post, gradually built the court into the most powerful judicial in- stitution in the world.
 Within two years, he wrote American history.
 William Marbury had been ap- pointed a justice of the peace by President Adams. Under Jefferson, Secretary of State Madison had failed to give him his commission. He sued for it by court order.
 The case was unimportant. even to Marbury. But Marshall made 1t important, for in ruling that the court had no power to order the commission given to Marbury, he asserted this lack of power was due to unconstitutionality of section of the Ellsworth Judiciary Act of 1780 which established the court. Thus, writing in a 10,000-word doc ument the unanimous decision of the court, Marshall established in a way never successfully chal- lenged, that the supreme court may declare acts of congress unconsti- ttitional and of no force.
 Marshall reasoned thus: The Constitution is the supreme law of the land, framed directly by the people. The essence of this written basic law is that it limits the power of congress, of the president, of judges themselves. DUTY OF COURT CLEAR
 If any of these can go at will be- ycnd the written limits, the Con- stitution means nothing. If any try to. do so, somebody must tell them so. That is what courts are for.
 bTherefore, 1t is the duty of the supreme court to declare that "a law repugnant to the Constitution is void"
 This decision aroused new hor- TOT among the democrats of what Jefferson had called the "abomina- tion" of federal courts. They start ed a campaign to curb those courts, and some federal judges made ar bitrary and arrogant decisions, adding to the flames of opposition.
 One of the most arrogant was Associate Justice Samuel Chase, irascible, patronizing, and high handed. In one case, he was so indiscreet as to make a speech to a grand jury in which he said: ". the bulk of mankind are governed by their passions, and not by reason the establish. ing of universal suffrage =. will .. take away all security for property and personal liberty :. and our republican Constitution worst of all popular govern ments."
 CHASE IMPEACHED
 Indignation exploded all over the country. With Jefferson's ap- proval, Chase was impeached by the House and placed on trial be- fore the Senate.
 Tt was well understood that if Chase were fired, the rest of the federal judges would be likely to follow, to be replaced by Demo- cratic appointees of Jefferson. The Democrats were not able to hold
 AAl m