The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-04-08

For it was during this period
that John Marshall, with his inter-
pretations of the Constitution, in
creased the authority of the judi
ciary and elevated the Supreme
court to the prestige which it has
enjoyed ever since. In the cele-
brated Marbury VS.. Madison
case in 1903 he laid down for the
first time in the name of the en-
tire court the doctrine that the
judges have the power to declare
an act of congress null and void
when, in their opinion, it violates
the Constitution.
Jefferson Views With Alarm.
This doctrine caused consterna-
ton among Jefferson and his sup
porters. Exclaimed the President:
eff that idea is sound, then in
deed is our Constitution a COM
plete felo de Sc illegally sui
cide). For, intending to establish
three departments, coordinate
and independent, that they might
check and balance one another,
it has given, according to this
opinion, to one of them alone the
right to prescribe rules for the
government of the others, and
to that one too, which is unelect-
ed by and independent of the
nation The Constitution, on
this hypothesis, is mere thing
of wax in the hands of the judi
ciary which they may twist and
shape in any form they please %.
A judiciary independent of a
king or executive alone is a good
thing; but independent of the will
of the nation is a solecism, at
least in a republican govern
ment." But MarshalPS idea pre-
vailed and in this first feud be-
tween the President and the SUI
preme court, the latter was COM
pletely victorious.
In 1887 two more justices were
added to the Supreme court. Soon
after Lincoln secame President
there were three vacancies in the
Supreme court-two resulting
from death and a third from the
resignation of a Southern SYM
pathizer. At first the new Presi-
dent cid not seem to be in a
hurry to fill the vacancies. But
with cases challenging the
North's blockade of Southern
ports coming up, it seemed adj
visable to do so. Then on March
3, 1863 congress added Oregon
to California to form the tenth
circuit and provide an additional
justice for the Supreme court.
Three days later Lincoln ap-
pointed Stephen J. Field to the
new post and on that day the
court upheld the legality of the
federal governments blockade.
It is not clear whether there was
any connection between the doubt
over what the courts decision
would be in this case and the
appointment of the tenth justice.
But as it turned out, Fields vote
wasn't needed. For the court, by
a five to four vote, upheld the
government.
Then in 1864 Chief Justice
Roger Brooke fancy died and
Lincoln named Salmon P. Chase,
his secretary of treasury, as Ia
ney's successor. This appoint
ment had an interesting after
math.
In 1866 the number of justices
was reduced to eight. In April,
1869, the house passed bill pro-
viding for ninth. 1t had origi-
nally included in this bill a pro-
vision similar to that proposed by
President Roosevelt for the ap-
pointment of additional justices
for incumbents over seventy
years of age. This was inspired
in part by the fact that Justice
Grier, then seventy-six years old,
was in a feeble condition, mental
ly as well as physically. In the
fall of 1869 the other justices of
the court sent to Grier a sugges-
ton that he should retire.
The senate, however, refused TO
concur in the house proposal for
appointment of additional judges
and as a compromise it was pro-
vided that any federal judge who
wished to retire after reaching