122 Sioux City Academy of Science and Letters. 
The original provision of the constitution granting in 
every state, to citizens of any other state the same privi- 
leges and immunities enjoyed by the citizens of such 
state, had something to do with stimulating this process 
of integration of the nation. The provision for free trade 
among the states had vastly more to do. Some additional 
factors in this process now demand our attention. 
The federal judiciary seems to have been regarded 
by the public men of the time of the adoption of the con- 
stitution as a branch of the government of secondary im- 
portance. This was not the universal opinion but it was. 
almost so. Yet, within a few years of the beginning of 
our life as a nation, under the guidance of John Marshall, 
began that march over the whole field of jurisdiction 
which has made of the federal judiciary the most import- 
ant department of the government. The doctrine of im- 
plied powers which was developed from that clause of 
the instrument granting the power of Congress “To make 
all laws which shall be necessary and proper for carry- 
ing into execution” the powers expressly given to the 
government, was the opening which received the thin end 
of the wedge of jurisdictional growth. No one denies to 
Marshall the meed of intellectual greatness. His was, 
perhaps, the most capacious intellect devoted to the law 
since the time of Bacon. But it seems that he was a 
bitter partisan, and has been accused of some of Bacon’s. 
unscrupulousness. However that may be, there can be 
no doubt that his master passion was devotion to the 
principle of the extension of the powers of the Federal 
government. He seized upon the Supreme Court, a tribu- 
nal composed of men holding power for life, and there- 
fore removed from the control of the people, as the means 
of carrying forward this work. He used the doctrine of 
implied powers as the legal tool for accomplishing this, 
and ruthlessly marched on over all obstacles. To those 
who regard the term “ruthlessly” as too strong, I beg to 
submit in justification the fact that Judge Marshall went 
so far as to decide in some cases, that the Convention of 
1787, and the states in ratifying its work, gave to Con- 
gress in the way of implied powers, the authority to do 
things the express power to do which was denied in the 
Convention by repeated vote! 
