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gave opinions favorable to the powers of general government, opinions favorable to the reserved rights of States, opinions which have been of inestimable value to the security of person and of property of individuals.

We may not all agree with all of his views or opinions, , but we do all agree as to the greatness and integrity of the man and the judge.

Although all that was mortal of the man has long been dust, the principles of constitutional law which he declared and established still govern a great nation of multiplied millions, and their influences do but broaden with the lapse of years.

Address of Horatio Bisbeo.


Mr. Cooper's address was followed by one delivered by Horatio Bisbee, who, after an extended reference to Marshall's life and to his leading decisions, continued:

These three cases — Martin v. Hunter's Lessee, Cohens v. Virginia, and Dartmouth College v. Woodward tablished forever in this country the stability of contracts; that no right of the citizen under a contract can be taken away by a State legislature; that, by the Constitution, the people created a nation; that such nation was sovereign against all assaults by a State or combination of States; and, at the same time, and by the same great judgments, it was established that each State has such sovereignty as the Constitution of the United States has left it.

We, as lawyers and judges, apply or misapply those great doctrines every day. After the lapse of nearly a century they appear simple and plain. They have become elementary law. Yet they arose from and survived one of the fiercest and bitterest and most protracted political contests that was ever waged in this country. It

was a fight between Federalism on the one hand and State Sovereign Democracy on the other, and the former won. That battle was won by the marvelous powers of John Marshall in argument, lucidity of expression, in strength of logic and mathematical demonstration that has never yet been equaled.

I have often, in the calm and quiet of my office, when reading his matchless opinions, silently thanked God for creating the man, and President John Adams for the wisdom of his appointment. Then sectionalism was not known. The Commonwealth of Massachusetts and the Old Dominion of Virginia were united in a common cause. As they had before stood shoulder to shoulder to break the chains forged by the crown of England, so then they stood hand in hand to create, maintain and perpetuate a sovereign union of States to bless mankind forever.

Washington, Marshall and Lincoln are the three matchless figures that, above all others, stand out in bold relief against the background of this republic. Had no monument of bronze or marble ever been erected to perpetuate the memory of their heroic deeds and public services, there has been erected in the hearts of a grateful people a monument to their memories more enduring than marble and loftier than the skies. To compare either of them to the other would be invidious and unpatriotic. Each stands incomparable in his own sphere, and beyond the reach of malice or of envy. To each the language of IIamlet, when picturing the character of his father to his recreant mother, would (omitting two words) be appropriate:

“See, what a grace was seated on his brow the front of Jove himself. An eye like Mars, to threaten and command. A station like the herald Mercury, new

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lighted on a heaven-kissing hill. A combination and a form, indeed, where every god did seem to set his seal, to give the world assurance of a man."

Such was Washington; such was Marshall; such was Lincoln.

Washington by his military achievements, his indomitable will and unconquerable perseverance against obstacles that would have crushed smaller souls, gave liberty to our country, and made possible our written Constitution of Government.

From every grant of power in that instrument, Marshall wrote out a chart of constitutional law for all future


Lincoln followed that chart, and by following it preserved a nation, and perpetuated its glory.

As the result of such achievements we have to-day, thank God, seventy-five millions of people, united and happy, each part of our common country vying with the other in patriotic ardor, both in peace and war, and the Commonwealth of Massachusetts and the old Dominion of Virginia again bearing aloft the Stars and Stripes as of old, the emblem of our country's power wherever it floats.

But as generations come and go, as centuries, may we hope, with the Union still preserved, roll on; when hun. dreds of millions of people shall mark our progress; with a gigantic commerce outstripping all competitors; with uncon uerable armies at bome, and unconquerable navies upon every sea and in every clime; with an invincible people behind them all, confronting the world, the student of history will trace back this grand and marvelous stream of national life and national power to the brain and courage of John Marshall.


Marshall Day was elaborately celebrated in the State of Michigan, under the auspices of the joint committees of the American Bar Association, the Michigan State Bar Association and the Detroit Bar Association, and the law faculty and students of the University of Michigan. Tho Bar Association of Detroit has annually commemorated the judicial services of a late eminent judge of that State, James V. Campbell. It was determined to consolidate the exercises in commemoration of Marshall and Campbell; and the celebrations were accordingly observed on the same day and occasion. The Detroit Bar Association provided for the publication of the addresses and proceedings on Marshall Day in a beautifully printed volume, edited and compiled by William L. January, of the Detroit bar, and embellished with portraits of Chief Justice Marshall, and Justices Campbell and Cooley, of the principal orator of the day, Luther Laflin Mills, and of Adolph Moses of the Chicago bar, who was the first to propose the celebration of Marshall Day.'

1 The title page is as follows: “1801-1901. The First Centennial Anniversary, Celebration and Banquet. "John Marshall Day.' February 4th, 1901. In memory of John Marshall, and his installation as Chief Justice of the Supreme Court of the United States, February 4, 1801. A record of the proceedings,- Letters, papers, etc., with a reproduction of the invitations issued, and the menu cards used at the banquet, together with the orations and addresses delivered in Detroit and in Michigan; containing also a report of the action of the Michigan legislature,- a résumé of the day. Edited and compiled by William L January, of the Detroit Bar. Under authority of the Detroit Bar Association and the acquiescence of the State Bar."

The publication edited by Mr. January contains, in addition to the proceedings and addresses on Marshall Day, the action of the Michigan legislature, wbich, as a tribute to Marshall's greatness and as an evidence of the present appreciation of the great work he did for our courts and our country, spread a testimonial to his abilities and character upon its records, and out of respect to his memory, and to enable the members of the legislature to attend the celebration, both houses adjourned from February 1st until February 5th. The volume thus printed contained also a eulogy on John Marshall by Alfred Russell, of the Detroit bar, reprinted from the American Law Review, January number, 1901; also an address by Russell C. Ostrander before the Ingram County Bar Association at Lansing, the capital of the State, on February 4th, and an account of the proceedings at the banquet held at the Russell House in Detroit on the evening of the same day, as well as other interesting data.

The exercises at Detroit were held in the Detroit Opera House on the afternoon of February 4, 1901, and were attended by the justices of the Federal Courts, the justices of the Supreme Court and the Circuit Courts of the State, and by large numbers of the profession from different parts of the State and many citizens.

The opening address was by John C. Donnelly, President of the Detroit Bar Association, introducing as the orator of the day Luther Laflin Mills. After referring to the manner in which the celebration of Marshall Day had been brought about, Mr. Donnelly said:

Address of John C. Donnelly.

As will be noted, the anniversary which we celebrate in the life of Marshall is that of his appointment to the

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