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men has been attended by a still greater increase in their possessions. The gloomy theory of Malthus that the tendency of population was to grow more rapidly than the supply of food, and therefore that war, pestilence, famine and vice as checks to population were inevitable conditions of human life has been refuted and exploded by the experience of this country. We have established beyond all doubt that the food supply of the earth is not a limited quantity, but is capable of measureless in. crease — that the earth is not an unnatural mother producing creatures beyond her capacity to support, but a generous mother ready to yield abundant subsistence to every human being engendered upon her bosom, if men will but approach that fountain of sustenance in peace and industrial co-operation. Here at least every man produces more than he consumes, and as his surplus product goes into the common fund, it widens the field of employment for others. Every addition to our population instead of being an additional charge upon a limited food supply is a source of additional abundance. If there be any limit on the power of the soil to support human beings it is imposed by the wickedness or folly of men, not by the parsimony of nature. To support a population however large, growing in prosperity as it grows in numbers, it is only necessary that all men shall be allowed to approach the earth in peace, to exercise all their faculties in its cultivation, without wasting any of their energies in mutual conflict. As our population grows the comforts of our citizens grow; their houses are larger, their clothing is warmer, their food is more abundant, their books are of higher merit, their schools are more extensive, their hospitals are more efficient, the productive power of their hands is multiplied, and the horizon of their hopes is widened.

The dangers to peace do not all spring from foreign aggression, nor are they confined to domestic insurrections. A new peril has arisen to disturb industry born of the prosperity which it creates. The division of the earth's product among the laborers who create it has provoked conflicts as bitter as any that ever arose over the division of the earth's surface among the nations which inhabit it. Industrial disturbances cannot be settled by force or by mere enactment of statute laws. Between individuals as between states, peace can never be permanent unless it is built upon justice. By ascertaining the true economic laws governing the relations of men engaged in production, and by applying them fearlessly and impartially to controversies as they arise, the crowning service of the judiciary will be rendered - the final triumph of judicial statesmanship will be achieved. I have no fear that this consummation is impossible or even remote. Looking back over the history of this country I cannot entertain a doubt of its security or of its future. While the judicial department remains the depositary of our rights and liberties — the ark of our political covenant - while the courts remain the inviolable sanctuary of justice, the Constitution will remain the secure foundation of the principles established by Marshall, and this government will continue to be the temple of freedom, the bulwark of order, the light of progress, the supreme monument of what man has achieved, the inspiring promise of the boundless future that awaits him.



Marshall Day was celebrated in New Jersey at a dinner given by the Camden County Bar Association at the Library of the Association in Camden. The arrangements were made by a committee consisting of Schuyler C. Woodhull, F. Morse Archer and S. Stanger Iszard. The President of the Association, Benjamin D. Shreve, presided, and Mr. Justice Garrison, of the Supreme Court of the State, acted as toastmaster. An introductory address was made by Attorney-General Grey. This was followed by an address by David J. Pancoast, one of the Vice-Presidents of the Association.

Address of Samuel H. Grey.

I rise, Mr. President and gentlemen of the Bar Association, to drink to the memory of John Marshall, the great Chief Justice, whose name with that of Lord Mansfield is synonymous with that lofty courage, broad statesmanship and enlightened sagacity which characterize these the greatest judges the world has yet seen. I shall not seek to trace through Marshall's boyhood days those indications of the character which he later developed; it is enough to say that from his mother he received a taste for the choicest English literature and that the whole atmosphere of the family life which surrounded him was impregnated with the best literary spirit of the age. At twenty-two he was a captain in the Revolutionary Army, and at this early age he was distinguished for that excellent judgment and marvelous common sense which always characterized him. He was in battle at Trenton, at Germantown, at Monmouth and at Stony Point, and bore himself so well that he was brought into personal contact with Washington (upon whose staff he served), as well as with other eminent and distinguished soldiers in that great contest, which changed the thoughts of men from serving the King with loyalty to serving the States with devotion. A revolution indeed which gave to all men everywhere a new aspiration and awakened a new passion in a desire for liberty regulated by law. After the capture of Cornwallis had practically ended the Revolutionary struggle he married and took up at Richmond the practice of that profession, the noblest of them all in its vast possibilities for the good of men, in which he was to excel and become the great exemplar of all that was best and wisest in the administration of the law. The elements of leadership were born in him and he soon manifested them and became, while still a very young man, the leader of the Bar of the great State of Virginia, and his subsequent selection as a member of the State Convention was but a just recognition of his place among those, few indeed in number, who are leaders in the almost untrodden paths reserved for the truly great. He supported the Federal Constitution with a lucidity of statement and a convincing logic which illuminated the subject and demonstrated the soundness of his views. After the adoption of the Constitution, he, with Gerry and Pinckney, was sent to France, where he acquitted himself so admirably that upon his return he was received with the utmost enthusiasm. He afterward ran for Congress at the personal request of Washington, and later, during the administration of Adams, he became a member of his Cabinet. He was appointed Chief Justice upon the resignation of Chief Justice Ellsworth in November, 1800, and commissioned for that great office January 31, 1801. On the 4th of February, 1801, he was sworn in as Chief Justice of the Supreme Court of the United States. He was, and is, facile princeps. Chiefest of all that splendid body of jurists which have heretofore adorned that great tribunal, unparalleled in the world in the extent and character of its jurisdiction, before which the nation and its meanest citizen stand on equal ground. The majesty of the one does not raise it above the law; the insignificance of the other does not leave him beneath its protection.

Let us drink, sir, to the memory of this great Judge, who so interpreted and applied the principles of our organic law that it rests as firmly upon the political system of our country as the mountains stand upon our soil, forever pointing the way toward eternal liberty and perpetual union.

Address of David J. Pancoast.

Upon the resignation of Chief Justice Ellsworth, Marshall did not seek his place, but, on the contrary, advised President Adams to appoint Justice Paterson, of New Jersey, who had been on the Supreme Court bench for some years, and is well known to all New Jersey lawyers as one of our early Governors and Chancellors, and the compiler of Paterson's laws, published in 1800. Instead of promoting Paterson, Adams, following his own inclination, on the 31st of January, 1801, just before the close of his term, appointed Marshall, who was then Secretary of State, Chief Justice in Ellsworth's place. On the 4th of

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