is unwritten still. Perhaps it is as well that it should be. Time was needed to set its seal upon the great lessons he taught; experience was requisite to show what was the result of following and what the result of

Diomede and the report of one of the ambassadors that he had 'touched the hand by which Troy's kingdom fell.' You ask whether my reference to the old court room of the Supreme Court refers to the present Law Library. This is the fact. The Supreme Court sat in the present law library room until they took possession of the chamber vacated by the Senate. The bench was on the side of the room where the windows are, the bar occupying the space now filled by the book-cases radiating from the centre space in front of the windows. The judges came into court through the door by which the library is now entered and their gowns were taken from a row of hooks or pegs just inside the entrance."

The editor deeply regrets to record the lamented death of Mr. Butler, September 9, 1902, at his residence, Round Oak, Yonkers, New York, while this reference to him was passing through the press.

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Another interesting reminiscence of Marshall was communicated to the editor by Mr. Thomas Marshall Smith, a great-grandson of the Chief Justice. Mr. Smith says: "Justice Gray wrote me some time ago that he regretted he did not know at the time he made his address that Chief Justice Marshall had worn the greater part of his life a seal with the motto, 'Veritas vincit,' engraved on it. My mother tells me, he found an amethyst on his farm, "Oak Hill,” and had it set, with the above motto, which belonged to his family, engraved on it.' A short time since my mother received a letter from a friend in Virginia, in which she writes: 'Chief Justice Marshall's father wrote to a friend in Edinburgh, asking that he would send over a tutor for his many boys. He said he must be a gentleman, a college graduate, especially well versed as a Greek and Latin scholar, and an Episcopalian.' The tutor selected had just been ordained deacon. He came at once, and returned later, to be made Priest by the Bishop of London. She added: 'Did you know the tutor referred to was the Rev. John Thompson, my great-grandfather?' I mention the above because there has been so much said about Marshall's limited education, when in fact he had the very best advantages that could be given at that time."

departing from them. Some day the history of that life — that grand, pure life will be adequately written. But let no 'prentice hand essay the task! He should possess the grace of Raphael, and the color of Titian, who shall seek to transfer to an enduring canvas that most exquisite picture in all the receding light of the days of the early Republic." Mr. Phelps, if any one, possessed these ideal qualifications; but alas! he died without undertaking the work whose requirements he so well understood and so finely portrayed.

In conclusion, the Editor, in addition to his thanks expressed in the body of the work, gratefully acknowledges his sense of special obligation to the officers of the American Bar Association, to those of the several State Bar Associations, to all of the gentlemen whose addresses are here published, and to MR. THOMAS MARSHALL SMITH, MR. JAMES H. MoKENNEY, MR. GEORGE S. CLAY, MR. HIRAM P. DILLON and MR. JOHN M. DILLON for many kind offices and needed assistance in the preparation and issue of these volumes.

KNOLLCREST,

Far Hills, New Jersey,

J. F. D.

December, 1902.

JOHN MARSHALL MEMORIAL.

CENTENNIAL ANNIVERSARY HELD AT WASHINGTON, D. C.

"John Marshall Day," February 4, 1901, was appropriately observed by exercises held in the hall of the House of Representatives, and attended by the President, the members of the Cabinet, the Justices of the Supreme and District courts, the Senate and House of Representatives, and the members of the Bar of the District of Columbia, besides a large concourse of invited guests. The programme, prepared by a Congressional committee acting in conjunction with committees of the American Bar Association and the Bar Association of this District, was characterized by a dignity and simplicity befitting the life of the great Chief Justice.

Shortly after ten o'clock Representative John Dalzell, of Pennsylvania, called the assemblage to order. Mr. Dalzell remarked that it was appropriate that an honored successor of John Marshall should preside, and he requested Representatives Grosvenor and Richardson to escort Chief Justice Fuller to the rostrum, to whom he yielded the gavel. Rev. Dr. William Strother Jones, of Trenton, N. J., a great-grandson of Chief Justice Marshall, delivered the invocation.1

1 This account of the exercises held at the National Capital is taken from THE WASHINGTON LAW REPORTER, vol. xxix, p. 86, February 7, 1901.

VOL. I-1

Introductory Remarks of Chief Justice Fuller on taking the Chair.

The August Term of the year of our Lord eighteen hundred of the Supreme Court of the United States had adjourned at Philadelphia on the fifteenth day of August and the ensuing term was fixed by law to commence on the first Monday of February, eighteen hundred and one, the seat of the government in the meantime having been transferred to Washington. For want of a quorum, however, it was not until Wednesday, February fourth, when John Marshall, who had been nominated Chief Justice of the United States on January twentieth by President Adams, and commissioned January thirty-first, took his seat upon the Bench, that the first session of the court in this city began.

It was most fitting that the coming of the tribunal to take its place here as an independent, co-ordinate department of the government of a great people should be accompanied by the rising of this majestic luminary in the firmament of Jurisprudence, to shine henceforth fixed and resplendent forever.

The growth of the Nation during the passing of a hundred years has been celebrated quite as much perhaps in felicitation over results as in critical analysis of underlying causes, but this day is dedicated to the commemoration of the immortal contributions to the possibilities of that progress, rendered by the consummate intellectual ability of a single individual exerted in the conscientious discharge of the duties of merely judicial station.

And while it is essential to the completeness of any picture of Marshall's career that every part of his life should be taken into view, it is to his labors in exposition

of the Constitution that the mind irresistibly reverts in recognition of "the debt immense of endless gratitude" owed to him by his country.

The court in the eleven years after its organization, during which Jay and Rutledge and Ellsworth - giants in those days-presided over its deliberations, had dealt with such of the governmental problems as arose in a manner worthy of its high mission; but it was not until the questions that emerged from the exciting struggle of 1800 brought it into play, that the scope of the judicial power was developed and declared, and its significant effect upon the future of the country recognized.

As the Constitution was a written instrument, complete in itself, and containing an enumeration of the powers granted by the people to their government-a government supreme to the full extent of those powers,—it was inevitable that the issues in that contest (as indeed in so many others) should involve constitutional interpretation, and that finally the judicial department should be called on to exercise its jurisdiction in the enforcement of the requirements of the fundamental law.

The President, who took the oath of office administered by the Chief Justice, March 4, 1801, in his inaugural, included among the essential principles of our government "the support of the State governments in all their rights, as the most competent administrations for our domestic concerns, and the surest bulwarks against anti-republican tendencies;" and "the preservation of the General Government in its whole constitutional vigor, as the sheet-anchor of our peace at home and safety abroad;" but it was reserved for the Chief Justice, as the organ of the court, to define the powers and rights of each, in