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STATE OF MAINE.

The tenth annual meeting of the State Bar Association of Maine was held in the Senate Chamber at Augusta on Monday, February 4, 1901, at three o'clock p. m., in order,

, among other things, to celebrate the centennial of the accession of Chief Justice Marshall to the bench of the Supreme Court of the United States. Hon. Albert M. Spear of Gardiner, Vice-President of the Association, presided in the absence of the President.

Mr. White's Introductory Address.

In the address of the President, Hon. Wallace H. White of Lewiston, which was read by Mr. Spear, it was said:

As I have read and reflected upon the life and character of Jobn Marshall, I have been profoundly impressed with the thought of bow true it is that Providence seems to raise up great men for great occasions. The history of the world is full of illustrations of this over-ruling Providence in the affairs of men. There is always in great political events, or on the fields of military glory or renown, something to stir the heart and to excite the feelings and the passions, but the crowning glory of Marshall's life was in a field of human activity which makes no appeal to the feelings or to sentiment.

For nearly thirty-five years of his life he presided over 1 A full account of the proceedings may be found in the official publication entitled: "Proceedings of the Tenth Annual Meeting of the Maine State Bar Association held at Augusta, Maine, February 4, 1901. Augusta: Press of Charles E. Nash, 1901.”

the Supreme Court of the United States at a time when our Constitution was an untried experiment in the history of nations, when its very adoption was looked upon by many honest, able and sincere men as marking the destruction of our liberties, even as now the questions growing out of the acquisition of territory following the Spanish war is looked upon by some of our public men as dangerous to the safety of our beloved country, and as even threatening the perpetuity of our institutions.

Mr. John Fiske speaks of Marshall as “Second to none among all the illustrious jurists of the English race.” And of his work in interpreting the Constitution, he says: “It was thus that the practical working of our Federal Constitution during the first thirty years of the nineteenth century was swayed to so great an extent by the profound and luminous decisions of Chief Justice Marshall that he must be assigned a foremost place among the founders of our Federal Union.” However entrancing this theme, it is not for me to occupy your time with any reflections and observations of mine upon the presence of such a man as John Marshall as the Chief Justice of the Supreme Court at so trying and important a period in the development of constitutional government in this nation.

We have with us to-day a distinguished lawyer who long practised in the courts of our State, winning for himself a reputation for learning and ability in the profession which none have excelled and few equaled. He has been called from the practice of the profession to occupy a distinguished position as one of the Judges of the Circuit Court of the United States, and it is with great pleasure that I present to you as the orator of the day, the Honorable William L. Putnam, of Portland.

VOL. I-7

Address of William L. Putnam.

Forty-five years ago this winter, through some singular coincidences, it became necessary for me, although not twenty-one years of age, to call to order the House of Representatires of this State, and to preside over it until it completed a temporary organization in the absence of the Speaker and the Clerk. The whole scene is photographed on my memory with the same distinctness as though it occurred but yesterday. The chaplain who offered prayer became the reverend Bishop of the Diocese of Michigan. By some happening, the two gentlemen who reported for the local papers at Augusta for both the Senate and the House sat at that time, one at my right and one at my left, at the miniature desks then reserved for such uses. One became the candidate of a great party for the Presidency, and the other the Chief Justice of the United States. These, except the Chief Justice, and, also, the then Governor of the State, fearless and able, the distinguished President of the Senate, afterwards more distinguished as Senator and Secretary of the Treasury, the honored Speaker of the House, and the long array of the many eminent gentlemen who held seats in the two branches of that unrivaled Legislature, have passed to their reward, and the generations of men have been re-created; yet the same hills surround us, the same blue sky is over our heads, and the same flag waves from the dome of this capitol. Thus we have, in microcosm, the greater series of events the beginnings of which we are honoring to-day. Through all the mutations which have occurred in the affairs of our nation, with all the upheavals which have shaken and re-created Europe, the great principles of constitutional law, enunciated by John Marshall nearly a century ago, remain as fixed as the fundamental rules of right and justice.

Marshall was born in 1755. He was educated at the domestic hearth until he entered the Revolutionary army, where he rendered good service; and afterwards, beginning, indeed, while in the army, he laid at Richmond the foundations of his legal knowledge. He held many political offices. He took part in the Virginia Constitutional Convention. As a member of Congress, he offered the famous resolutions of General Lee: “Washington,

" first in peace, first in war, and first in the hearts of his countrymen !” John Adams made him Secretary of State, and afterwards, on January 31, 1801, commissioned him as Chief Justice of the United States. His French envoyship marked the critical stage in that violent political rending apart which preceded the administration of Jefferson As unpopular as was John Adams in many sections, the insults Talleyrand heaped on our envoys stirred a universal sentiment of patriotism, which, for the time being, swept away Jeffersonianism, gave birth to “Hail Columbia," and received Marshall on his return from Paris with loud acclaim. All this, however, was soon succeeded by the Kentucky resolutions, devised by Jefferson, than which nothing could have been more hostile to those who, like Marshall, shared the deeply seated sentiments of Washington. It was when the wave which had floated the administration of Adams had receded, that Marshall was made Chief Justice, in open defiance of Jefferson and his supporters, and subject to their bitter and determined hostility. It was, however, the issues of the Jeffersonian political struggle which made him monumental.

The most trustworthy as well as the most objective

characterizations of Marshall are the contemporary pic tures drawn by Joseph Story. In a letter from Washington in 1808, Judge Story described his physical traits vividly:

“ Marshall is of a tall, slender figure, not graceful nor imposing, but erect and steady. His hair is black, his eyes small and twinkling, his forehead rather low, but his features are in general harmonious. His manners are plain, yet dignified; and an unaffected modesty diffuses itself through all his actions. His dress is very simple, yet neat; his language chaste, but hardly elegant; it does not flow rapidly, but it seldom wants precision. In conversation he is quite familiar, but is occasionally embarrassed by a hesitancy and drawling. His thoughts are always clear and ingenious, sometimes striking, and not often inconclusive; he possesses great subtility of mind, but it is only occasionally exhibited. I love bis laugh,- it is too hearty for an intriguer,- and his good temper and unwearied patience are equally agreeable on the bench and in the study. His genius is, in my opinion, vigorous and powerful, less rapid than discriminating, and less vivid than uniforın in its light. He examines the intricacies of a subject with calm and persevering circumspection, and unravels the mysteries with irresistible acuteness."

Soon after Marshall's death, Story thus analyzed his character:

“When can we expect to be permitted to behold again so much moderation united with so much firmness, so much sagacity with so much modesty, so much learning with so much experience, so much solid wisdom with so much purity, so much of everything to love and admire, with nothing, absolutely nothing, to regret ? What, in

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