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be, as in the past, the guide of those desiring and loving liberty, and the beacon-light of oppressed humanity.
May we not hope that “Marshall Day” will remain with us as a means of teaching our people who Marshall is, what he was, and that the best and surest way of manifesting our appreciation of him is by emulating his example and work?
STATE OF INDIANA.
Marshall Day was observed in Indiana under the auspices of the Indiana State Bar Association. To that end the Association held a meeting in Indianapolis on February 4, 1901, Edwin P. Hammond, President of the Association, presiding. Mr. Hammond said:
Address of E. P. Hammond. We have assembled to celebrate the centennial anniversary of the ascension of John Marshall to the Supreme Court of the United States as Chief Justice. Disappointments are seldom as serious as they are first taken to be, and so it is on this occasion. We had expected General John C. Black of Illinois with us to deliver an oration, but at a very late hour we were advised that, on account of sickness, he could not be here. His place, however, has been well supplied, and you will hear an oration that will do justice, as far as justice can be done by one man, to so great a man as John Marshall, in the oration which you will hear this afternoon. I have the pleasure of introducing to you Honorable William A. Ketcham.
The address of William A. Ketcham, except so far as relates to biographical matters and Marshall's public career prior to his appointment as Chief Justice, and omitting familiar extracts from leading cases, is as follows:
Address of William A. Ketcham. To-day, throughout the length and breadth of the land, the reverberations from the guns of bench and bar in honor of the centennial anniversary of the accession to
the Supreme Court of the United States by its great Chief Justice will be listened to by the lawyers and judges throughout the country. I deem it an especial privilege, even as a substitute, to be permitted to contribute my mite to that universal celebration.
The United States has had, to adorn and honor its great court, great chief justices. It has had its Jay, its Ellsworth, its Taney, its Chase, its Waite, and has its Fuller, but the subject of this paper was not simply par inter pares, but facile princeps. He was pre-eminently the chief justice; worthy to rank worthily alongside of the great justices of England — Eldon, Ellen borough, Mansfield — who shed lustre on and added fame to the jurisprudence of England.
John Marshall was born in Fauquier county, Virginia, September 24, 1755, one of fifteen arrows in the bountiful quiver of Thomas and Mary Marshall."
In 1798 President Adams offered him the seat on the Supreme Bench made vacant by the death of Mr. Justice Iredell, which he, however, declined, and Bushrod Washington was appointed to the place.
Upon the retirement of Mr. Ellsworth he was, January 31, 1801, appointed by President Adams as Chief Justice of the Supreme Court, was unanimously confirmed by the Senate, and took his seat February 4, 1801, where he continued to serve until his death, July 6, 1835, over thirty-four years.
The roll is a long, an honorable, an illustrious one: soldier, patriot, legislator, diplomat, statesman, lawyer, historian, judge. There was but one other step possible
1 The speaker then proceeded to relate the chief incidents in the career of Marshall prior to his appointment as Chief Justice, which have appeared in preceding addresses, and hence are omitted here.
for him to take, and, looking back over the many and glorious years in these various positions, it is not at all certain that, if he had taken that last and higher step, it could have added aught to the glory or fame of his career.
As a young man, in the formative period of his career, he was put to the test of battle and learned not only what it was to think and write and talk for his country, but also to fight for her, and this love of country, emphasized and burned in, if not born on the battle-field, always remained a potential factor in his career.
I know of no better school in which to learn the lesson of Divine love for country than in march, in camp and on the field of battle. The flag, rising and falling on the perilous edge of battle, has a new meaning. The stars, shining in the fringe of steel bayonets, and the stripes, rising and falling in the smoke of conflict, give to the soldier a memory that no other experience can afford. And so, while as a soldier he was on a par in achievement and fame with the numberless many that had similar experiences, his mind was by these very experiences. fitted and prepared for the great duties that were to come upon him thereafter.
As a lawyer he was trained and skilled in the technical requirements of the profession. To one wbo is deeply wedded to his profession, it is scant comfort to know how small a place in the world's history the mere lawyer fills. While he is in the active and vigorous prosecution of his profession, he may fondly hope that he is making a name and a place that will live, but when age or infirmity comes he realizes sadly that it is merely “stat nominis umbra.” The world passes by him and is, perhaps, neither better nor worse for his having lived. Who, ex
cept the few who follow the history of the lawyer to-day, recalls anything of Rufus Choate, in his day one of the foremost lawyers, if not the foremost, at the bar, except the bitter gibes of Boston and its thieves flung at him by Wendell Phillips.
While, when engaged in the active profession, Mr. Marshall stood at the very front of the bar of Richmond, the records of the Supreme Court of the United States show that, although the court was organized in 1789, during the entire period intervening between the organization of the court and his accession to the office of Chief Justice, he appeared before it in but one case (Ware, Adm'r, v. Hylton et al., 3 Dallas, 199) and failed in that. This was doubtless accounted for largely by the fact that his services were in constant demand in his own locality, and that he could not spare the time to make the journey in any ordinary case from Richmond to Philadelphia. From 1861 to 1865 it required four long years to make the trip from Washington to Richmond, and it was impossible to make the trip from Richmond to Washington even in that time! The trip from Richmond to Philadelphia was not quite as elaborate or difficult as later was the trip from Washington to Richmond, but it was enough. While, however, his fame as a lawyer has, in the passing years, sunk into comparative insignificance, the prompt, faithful and efficient performance of those duties was a magnificent education for the position which he was later to adorn.
As a historian he cannot be said to have taken a front rank. The great research, the careful investigation which his volumes upon the Life of Washington disclose have been a mine of wealth from which others have dug the materials that they have needed, but the work did not add to