« SebelumnyaLanjutkan »
was publicly commemorated, not only at the National Capital, but in thirty-seven States and Territories of the Union. In the few States in which the day was not formally observed, the omission was due to accidental
In several of the States there were celebrations at different places. It was found that more than fifty orations, not counting minor ones, were given by leaders of the bar, by members of the highest Federal and State courts, and by eminent statesmen and scholars. “Such honors Ilion to her hero paid.” How to deal with such a mass of material was the cause of no little embarrassment. Should I undertake the invidious office of selecting a dozen or twenty, to the end that their publication might be comprised in a single volume? Such a curtailment of this truly national event, the most remarkable voluntary, spontaneous tribute in its extent and character, which, in the history of our profession, in any country or in any age, was ever paid to the name and memory of a judge long since deceased — was not for a moment to be thought of if it was possible to avoid it. Moreover, an examination of the addresses showed such a general high order of excellence and varied ability that to make a just selection would be an ungracious and difficult if not impossible task.
The publishers concurred in the view that the publica. tion ought to reflect the unique occasion in all its amplitude. And accordingly what was at first thought could
be compassed in one or at most two volumes has taken three; but we have the satisfaction of presenting a record of the great event, substantially complete and undismembered.
The principal official addresses have as a rule and wherever practicable been given in full, and nothing has been omitted from any except repetitions of biographical matter, of extracts from accessible volumes, and of details not connected with Marshall's judicial services, for it was Marshall's judicial services which chiefly gave to the day its inspiration and essential character. One other word in explanation, and, if need be, in vindication of the plan adopted: Wbile the same great judgments of Marshall construing the Constitution, delimiting its boundaries and settling its most vital and fundamental principles, have necessarily passed under the review of the speakers, yet these decisions are discussed from such different points of view, or with such different objects, and in such different styles, that there is an unfailing variety which the interested reader will be sure to perceive and enjoy. This is so marked that it may with truth be said that the addresses, though running on the same general lines, could have been delivered to the same audience, and it would have found in each address something new in thought, expression, sug. gestion or purpose.
The history of the movement leading to the institution and the first centennial commemoration of Marshall Day appears so fully in these volumes as to render extended reference to it unnecessary. The suggestion by Mr. Adolph Moses of the Chicago Bar of such a day struck a sympathetic chord which vibrated throughout the land. It was indorsed by the Bar Association of Illinois, and met with the hearty and weighty sanction of the American Bar Association. This body assumed the charge and direction of the celebration, and thus assured its success on a national scale. To this end it appointed a Committee composed of one member from each State and Territory and from the District of Columbia. In suitable and earnest words this Committee publicly addressed the Bench and Bar of the United States, setting forth the reasons why the whole country should commemorate the centennial of the installation of the Chief Justice, and urging upon the State and National Courts, the State, City and other Bar Associations, the Universities and institutions of learning and public bodies throughout the land the due observance of the day. At the Committee's instance President McKinley recommended to Congress the propriety of a fitting celebration of the occasion on the part of all the departments of the gov.
1 The text of this excellent address and also the names of the members of the National Committee are given in the Appendix.
ernment. Congress approved; and in the hall of the House of Representatives impressive national ceremonies were beld, the account of which is given the first place in these volumes. The next place is appropriately assigned to the proceedings in the Commonwealth of Virginia, Marshall's native State. The other observances are arranged in the order of the nine Federal Judicial Circuits, commencing with the State of Maine in the First Circuit.
In addition to the addresses on Marshall Day, the eulogies of Mr. Binney and Justice Story delivered in 1835 soon after the death of the Chief Justice; the address of Mr. Phelps before the American Bar Association at its annual meeting in 1879; of Chief Justice Waite and the oration of Mr. Rawle in 1884 at the unveiling of the statue of Marshall in the Capitol grounds in Washington, have been included. These productions are famous, have long been justly regarded as classic, and are somewbat rare or inaccessible. They round out and complete the plan and purpose, and give a distinctly added value to the present publication.
The influence of the universal celebration of the day will not cease with the occasion, but will be wide and lasting. It has taught the people at large what before was chiefly known to lawyers and special students of our
history, and to these often imperfectly, that to Marshall more than to any other person is due the establishment of the principle of nationality in the Constitution of our country. This principle has profoundly affected our national life. It has determined our destiny. It has made as a Nation in fact as well as in name, a power and not à mere painted semblance. It held the Nation intact against the heresies of nullification and secession. It received its complete, final and now unquestioned triumph with the overthrow of the Confederacy, whose forces, as has been said, surrendered not more truly to Grant in the field than to Marshall's great judgments expounding the Constitution. Marshall's career has been revealed in a wider light to the whole country; and the value and influence of his work are felt more distinctly, more impressively than ever before.
Our reverence and gratitude are consciously enhanced when it is seen that his decisions as to the scope of the national authority were opposed by powerful parties and interests. Many lawyers and statesmen differed from Marshall at the time. Moreover, the questions were novel and so closely balanced that they not only might have been determined the other way, but it is certain that they would have been determined the other way if their decision had fallen to judges of the strict construction school. Next to Marshall's judicial genius the most conspicuous feature in his character is his placid and undaunted courage. No weak judge, no ordinary judge,