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ciples of consolidated sovereignty, I am making no complaints or strictures, and not at this late day expressing a regret — not even warming the thin hands of age over the smouldering embers of the past.” I am simply a philosopher, looking at causes and speculating upon effects.
I stand upon the parol of an old Confederate soldier. I have too often sworn allegiance to the Constitution, as it is now, with its judicial interpretations and its amendments, to forget iny obligation, but I know this: I have always been true to its principles as I understood them, and as I understand them. There is no time to speculate upon what might have been if Oliver Ellsworth had held on a few months longer and President Jefferson instead of President Adams had filled the vacancy. The dead past has buried its dead, and there was many and many
This is an indissoluble Union of indestructible States, and the imprint of John Marshall's pen, which was mightier than the sword, is upon it all.
But there is so much to say. I have not told you how, on the other hand, he moulded this same Constitution and its eleven amendments to be the very ægis of all our personal rights of life, liberty and property and reputation and the pursuit of happiness – how, after him, this same court permitted no military commission in time of peace to put its hand upon the citizen, no State or the General Government to deprive one of his privileges or immunities but by the law of the land — how our rights of property are held as sacred under this Constitution as was the humble cot of the English peasant, with regard to which the elder Pitt once said: “The poorest man in
his cottage may bid defiance to all the forces of the Crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter, but the King of England cannot enter. All his force dare not cross the threshold of this ruined tenement."
It was in regard to this personal right of the Englishman the same great statesman also said: “Those iron barons (for so I may call them when compared with the silken barons of modern days) were the guardians of the people, and three words of their barbarous Latin, 'Nullus liber homo,' are worth all the classics.”
How it opened the prison doors to Milligan and Cummings; how it welcomed back Campbell and Garland to its bar in the face of ex post facto statutes; how it held sacred the right of property in the Lees !
While to the influence of Marshall as much as to that of any other man we may attribute the consolidated strength of this vast empire, to his influence we are also much indebted for the muniments of local government and vested right and personal liberty.
There are one or two of the ancient landmarks still left, such as election of Senators and of Presidents by the States, which, strange to say, our own people seem most anxious to remove.
And it is because of all these things that everywhere in the land to-day the courts and congresses and legislatures have joined the members of the legal profession in doing honor to the memory of this strong man whose powerful intellect controlled the wills, while the loveliness of his personal life captivated the affections, of the people.
Marshall Day was celebrated in the town of Tarboro at a meeting held at the court-house, John L. Bridgers presiding, at which Paul Jones delivered an address on the life and labors of Chief Justice Marshall. Short ad. dresses were also made by Frederick Philips, L. L. Staton and Mr. Bridgers.
STATE OF SOUTH CAROLINA.
Marshall Day was celebrated in the Hall of the House of Representatives at Columbia. The Supreme Court of the State, at the request of the Bar of the State, ordered a special session to be held on Monday, the fourth day of February, to do honor to the memory of Chief Justice Marshall. Pursuant to order, the Supreme Court of the State assembled at eight o'clock p. m., and adjourned to the Hall of the House of Representatives. Mr. G. Lamb Buist of the Charleston Bar introduced, with fitting remarks, Charles H. Simonton, United States Circuit Judge for the Fourth Circuit, as the orator of the occasion. At the conclusion of the address of Judge Simonton, on motion of Mr. B. L. Abney of the Richland Bar, the court entered a minute extending to the orator for his address the appreciation and thanks of the members of the Bar of the State.
Address of Charles H. Simonton.
It has been frequently remarked that reputations acquired in the practice of the law are of an ephemeral character.
A great lawyer, in his day, commands the respect, confidence, and it may be the veneration, of his contemporaries. He fills the public mind, and his services are sought and valued. When his life has ended, others step into his place. His name soon becomes mere tradition. In a generation or two he is forgotten. Nor is this less the case with great judges. It is true that more frequently than is
the case with practicing lawyers, they leave behind them, in their published opinions, more permanent memorials. But in the multiplication of reports, in the multitude of new questions which constantly arise, in the complete change in the character of cases which come before the profession, their decisions, buried in the reports, lose their value, meet with neglect, and are soon forgotten. Reputations which, at one time, seem destined to be lasting, pass out of the minds of men. The shadow of a name alone remains. How few of us can recall the names of the great judges which adorned the annals of the colonies, and of their greater successors, who presided over courts of justice and brought order out of chaos when independence was achieved and the several States grappled with the new questions which arose. To how many are there known the names and merits of the learned judges who now, in their own States, administer the law and are performing their part in the erection in this country of a fabric of jurisprudence which bids fair to rival, if not to surpass, that created by the sages of Westminster Hall. A few great names are repeated and honored beyond the limits of their own State. Among these no one has a wider reputation, has more impressed himself upon the institutions of the country, commands more the reverence of the profession and of the people, than John Marshall. He is universally recognized as the representative and the head of the American bench and bar.
We have met together upon no ordinary occasion. To-day, in every State of this Union, the bench and bar assemble to do honor to the memory of this profound lawyer and of this superb judge. Most fitting has been chosen, not the centenary of his birth or of his death. We commemorate the day upon which John Marshall was