sincere devotion to the national idea. All will
likewise agree that for talents, native and acquired, he was an ornament
to the humble democracy that brought him forth. His whole career was
American. Born on the frontier of Virginia, reared in a log cabin,
granted only the barest rudiments of education, inured to hardship and
rough life, he rose by masterly efforts to the highest judicial honor
America can bestow.
On him the bitter experience of the Revolution and of later days made a
lasting impression. He was no "summer patriot." He had been a soldier in
the Revolutionary army. He had suffered with Washington at Valley Forge.
He had seen his comrades in arms starving and freezing because the
Continental Congress had neither the power nor the inclination to force
the states to do their full duty. To him the Articles of Confederation
were the symbol of futility. Into the struggle for the formation of the
Constitution and its ratification in Virginia he had thrown himself with
the ardor of a soldier. Later, as a member of Congress, a representative
to France, and Secretary of State, he had aided the Federalists in
establishing the new government. When at length they were driven from
power in the executive and legislative branches of the government, he
was chosen for their last stronghold, the Supreme Court. By historic
irony he administered the oath of office to his bitterest enemy, Thomas
Jefferson; and, long after the author of the Declaration of Independence
had retired to private life, the stern Chief Justice continued to
announce the old Federalist principles from the Supreme Bench.
[Illustration: JOHN MARSHALL]
=Marbury _vs._ Madison--An Act of Congress Annulled.=--He had been in
his high office only two years when he laid down for the first time in
the name of the entire 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. This power was not expressly conferred on the
Court. Though many able men held that the judicial branch of the
government enjoyed it, the principle was not positively established
until 1803 when the case of Marbury _vs._ Madison was decided. In
rendering the opinion of the Court, Marshall cited no precedents. He
sought no foundations for his argument in ancient history. He rested it
on the general nature of the American system. The Constitution, ran his
reasoning, is the supreme law of the land; it
|