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Commemorative Proceedings and Addresses-con,
EULOGY OF HORACE BINNEY....
III EULOGY OF MR. JUSTICE STORY..
III ADDRESS OF EDWARD J. PHELPS ..
III ADDRESS OF CHIEF JUSTICE WAITE.
BAR ASSOCIATION ON JOHN MARSHALL DAY... III TABLE OF CASES ....
III INDEX TO THE WORK.
ANNOUNCEMENT BY PUBLISHERS.
The publishers have arranged to issue uniform with the present work an edition of Marshall's constitutional decisions and writings annotated, with the assistance of the present Editor, by George S. Clay and John M. Dillon of the New York Bar.
ILLUSTRATIONS, VOL. I.-- EXPLANATORY NOTES.
PORTRAIT OF MARSHALL
Frontispiece The portrait of the Chief Justice, frontispiece of the present vol. ume, is from a crayon by the celebrated French artist St. Mémin, made in March, 1808, when Marshall was in the fifty-third year of his age, that is, about six years after his appointment as Chief Justice. Chrétien, another French artist, had in 1786 invented an instrument called the “physionotrace," by means of which a profile outline of a face in figure and dimensions could be taken with the utmost precision, and St. Mémin had constructed such an instrument for himself, filling in the outline, as in this instance, with crayon, generally black on a pink background. He visited the United States and executed hundreds of portraits. The original of Chief Justice Marshall, of which the frontispiece engraving by Klackner is a copy, is now owned by Mr. Thomas Marshall Smith, of Baltimore, whose mother was a daughter of the Chief Justice's eldest son. trait is the only one of Marshall at that age, has always remained in the family, and is regarded by them as an excellent likeness. Of the present engraving after that portrait, made from the reproduction by Mr. Klackner of New York, Mr. Smith says that “it is in every respect most satisfactory.” Portraits of the Chief Justice later in life are given in subsequent volumes of the present publication.
OAK HILL HOME
Page 210 The second engraving in the present volume is the Oak Hill home of the Chief Justice, concerning which Mr. Thomas Marshall Smith, in a letter which he obligingly wrote to the Editor, says: “The father of the Chief Justice in 1765 moved to Fauquier county, and in 1773 purchased ‘Oak Hill,' or 'The Oaks.' Here he built a frame house, which is the wing on the right in the picture. The main building was added in 1821, by Thomas Marshall, the eldest son of the Chief Justice. was at Oak Hill that the future Chief Justice spent most of his boy hood, and in it commenced at eighteen the study of the law from the first completed edition of Blackstone, then recently published, and which tradition says was imported by the father for the son's use. It was from Oak Hill that the son walked twenty miles to drill the Company his father had organized, afterwards known as the ‘Culpeper Minute Men.' The house still exists as shown in the picture. The estate has changed hands several times since it was owned by the family; the present owner keeps the same in good repair.”
The present engraving is from an oil painting which Mr. Thomas Marshall Smith says "gives a better idea of the country home of the Chief Justice than anything we know of. My mother, who was born at Oak Hill and spent most of her life there, says the picture hung over the mantel-piece in the parlor many years, and that the engraving recalls the old place very vividly. The house at Germantown, in Fauquier county, where the Chief Justice was born, was destroyed a dumber of years ago." A plate of the Richmond home of the Chief Justice illustrates a subsequent volume of the present work.
FACSIMILE OF LETTER OF THE CHIEF JUSTICE
Page 470 We give in facsimile an interesting original letter written by Marshall when he was Secretary of State, October 30, 1800, that is the October preceding his appointment as Chief Justice, courteously furnished to the editor by Mr. Edward C. Perkins of the New York Bar, who stated that the original was given to his grandmother, Mrs. M. A. D. Bruen, by Mrs. John Field, of Philadelphia, who was a descendant of Judge Peters, to whom the letter was addressed. The letter is intrinsically interesting, is characteristic of Marshall, and contains a touch of humor where he says: “I pray devoutly (which is no very common practice with me) that the future administration [Mr. Jefferson's) may do as little harm as the present and the past.”
Section 1 Plan, scope and purpose of the present work.
IL The origin and first commemoration of Marshall Day,
Order of publication of the proceedings and ad
dresses. III. Marshall's influence in establishing the principle of
nationality in the Constitution. IV. Final ascendency and universal acceptance of Mar
shall's principle of nationality. V. Marshall's influence in establishing the constitutional
authority and functions of the Supreme Court, and
in securing for it public respect and confidence. VL The salutary operation of the power of the judiciary as
held in Marbury's Case to declare void legislative acts in conflict with the Constitution demonstrated by
experience. VIL No part of Marshall's opinion in Marbury's Case is obiter
or extra-judicial. VIIL Marshall's rulings on the Burr trials awarding sub
poenas directed to President Jefferson reviewed and
My relation as Editor of these volumes came about in almost an accidental way. A distinguished Justice of the Supreme Court of the United States 1 concluded a letter acknowledging a copy of my Albany Address by
I Mr. Justice Shiras.
saying: “A collection of the addresses delivered on John Marshall Day, if put in a permanent form, would, I think, be
very interesting as showing a consensus of opinion concerning Marshall on the part of eminent lawyers in all parts of the country.” Just after the receipt of the letter it chanced that I had occasion to write to the publishers of this work, and I inclosed the letter of the learned Justice and asked them to undertake the publication, even though the enterprise might prove unprofitable. With characteristic liberality they acceded to the proposal, annexing the single condition that I should collect, arrange and edit the addresses, with a suitable Introduction. Having suggested that they should make any pecuniary sacrifice which the publication might involve, I felt estopped to make the objection, however well founded, of want of time. And so I consented. Only those who are familiar with such work can appreciate how much time it has required; but it has been for me a labor of love, carrying with it its own exceeding great reward, - perhaps the last instalment, small enough at the best - the widow's mitethat I shall be able to pay on the inextinguishable debt that every lawyer owes to his profession, the basis of the obligation being that he is a member of a perpetual body of men, and therefore an inheritor of all the accumulated treasures of the past.
Through correspondence with the various bar associations and institutions of learning it appeared that the day