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still the supreme arbitrator of mighty questions of tho Constitution; as in the beginning and through the century it was, so now it is, the strong anchor of our institutions — the essential, the conserving element of the national life. It is the country's Holy of Holies. It is the nation's final refuge - its ultimate institutional defender. It stands alone, independent, supreme. Only a revolution of the people could destroy it, and such a revolution would mean anarchy to the State and the ruin of the Republic. Not for the first time in its history is this department of the government now confronted by a grave question of the Constitution — a question involving the welfare of the Republic, in its long future. It is perhaps the gravest question presented for its determination since the days of Marshall. The issue is pending in the high tribunal; that it will be decided justly and righteously none may doubt. And because that Supreme Court has under its solemn consideration the momentous matter now before it, it becomes the American people to be silent and to await with respectful and unfaltering confidence the conclusion of the judges. The great court must not be disturbed by the influences of public feeling and the utterances of conspicuous men who represent its different pbases

On this celebrating day the Republic honors the memory of John Marshall, greatest of its judges, and pays tribute to his genius, wisdom and patriotism; it also salutes, with respect, the Supreme Court of the United States, of which he stands in history as its noblest representative; and the patriotic citizens of the nation sol. emnly bow in homage and glad obedience before the law of the land - the necessary and essential companion of its liberty.



Marshall Day was commemorated in Tennessee by observances held under the auspices of the Tennessee State Bar Association, which resolved, at its annual meeting at Lookout Mountain, in July, 1900, to hold a special meeting at Nashville on the 4th day of February, 1901, for the celebration of the day. Accordingly, on that date the Association met, its President, George Gillham, presiding. The exercises were held in the House of Representatives, in the Capitol building. There was a banquet in the evening, given at the University Club, which was largely attended. The courts throughout the State adjourned for the day, including the Supreme Court of the State and the Court of Chancery Appeals.

The meeting in the hall of the House of Representatives was attended by legislators, judges and a large concourse of citizens. The principal feature of the exercises was an address delivered on the invitation of the Bar Association of the State by Horace H. Lurton, one of the judges of the United States Circuit Court of Appeals for the Sixth Circuit, on "The Life and Public Service of Chief Justice Marsball."

There was a celebration of the day by Cumberland University, at which celebration Waller C. Caldwell, a judge of the Supreme Court of the State, delivered an address on “The Early Life and Professional Career of Chief Justice Marshall,” in Caruthers' Hall, at Lebanon, on the invitation of the trustees of the university.

Address of Horace H. Lurton.

On this day one hundred years ago, John Marshall took his seat at Washington as Chief Justice of the United States.

Upon the invitation of the American Bar Association, and of the several State Bar Associations, the important courts of the whole country stand this day adjourned in celebration of this centennial anniversary of that great event.

In pursuance of this general scheme for the celebration of this anniversary, we have here assembled by invitation of the Tennessee Bar Association for the purpose of reviving the memory of his conspicuous services and illustrious virtues; believing that in the contemplation of such a character there is an inspiration which insensibly tends to elevation of character and nobility of living. The subject is so full of interest and opens up so wide a field for thoughtful contemplation that I feel profoundly impressed with my own insufficiency to do justice to the occasion, and can but recognize that, in selecting me as the speaker upon this great occasion, the Tennessee Bar have but given another manifestation of their ever too partial kindness and regard for me.

John Marshall was born in Fauquier county, Virginia, September 24, 1755. He died July 6, 1835, at the ripe age of eighty years. He was the eldest of a family of fifteen sons and daughters. His father was Col. Thomas Marshall, a plain Virginia farmer, a true patriot and a man of great mental vigor. Judge Story quotes Marshall as often dwelling with enthusiasm upon the character of his father. “My father,” he would say," was a far abler man than any of his sons. To him I owe the solid foundation of all my success in life.”

Col. Marshall rendered most distinguished service under Washington as a soldier of the Revolution as Colonel of the Third Virginia. Col. Marshall removed to Kentucky in 1785 with the younger members of his family. From these younger sons and daughters are descended many very honorable families now residing in Kentucky and Tennessee.

John Marshall's mother was Mary Isham Keith, the daughter of James Keith, a distinguished clergyman of the Episcopal Church of Virginia, and a double cousin of the last Earl Marichal Keith, and of Field Marshall Keith, the celebrated Lieutenant of Frederick the Great, King of Prussia.

John Marshall's education was not collegiate. It was for the most part self acquired. He early developed a strong love for English literature, and it is said of him that at the early age of twelve, under the guidance of his father, he was thoroughly familiar with Dryden, Shakespeare, Milton and Pope.

He had the advantage of only one year in a classical academy and one other year of instruction in Latin under the direction of a private preceptor. He began the study of law at eighteen; but the military preparations in anticipation of the Revolution much interrupted his studies, and before they were completed the stirring story of Concord and Lexington had found its way to Virginia and the young student became the ardent patriot soldier.

The graphic account by a kinsman, who was an eyewitness to Marshall's first appearance as a soldier, has been preserved by Allan B. Magruder, Marshall's biographer. It well portrays his simplicity of heart and manliness of spirit.

1 Magruder's John Marshall, ch. II, pp. 9–12.

We have, my fellow-citizens, in the very human picture of Marshall's budding manhood there presented, an exhi bition of those qualities which distinguished the man in every stage of his subsequent great career.

The modesty and simplicity of demeanor, the self-poise and calm determination, the ardent yet far-sighted patriotism which he then displayed were prophetic of the man.

Neither time, nor service, nor responsibility, nor honor, nor office operated to efface the characteristics which he exhibited in this opening scene of his active life. After some short service with a corps of minute men, he was appointed a lieutenant in the Eleventh Virginia, and later became a captain. With the exception of the winter of 1779–80, he was continuously in the service of his country until February, 1781, when, owing to a superabundance of officers in the Virginia line, his resignation was accepted.

In 1781 he began the practice of law in his native county of Fauquier. Tradition declares that so amiable were his manners, so conspicuous his abilities, that he leaped at once into a full country practice. Marshall, with his usual modesty, ascribed his early success to "the too partial regard of his former companions in arms."

In 1783 he removed to Richmond, where he continued to reside until his death, July 6, 1835. There he was placed upon a most conspicuous stage. Among his great rivals were Patrick Henry, John Wickham, James Innes, Alexander Campbell, Benjamin Botts and Edmund Randolph, all names which shine as bright stars in the legal firmament. He at once took rank with them as an equal, and very soon became recognized and known as chief among them. His reputation rapidly extended so that he was not

VOL II - 13

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