Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-05-10
| OF MIN we now commemorate. Mr.. Justice Story
IN an address delivered on the occasion Of his DEATH
/ speaks "of those

OF him we now commemorate Mr. Justice story,
in an address delivered on the occasion Of his death
speaks "of those
EXQUISITE JUDGMENTS,
the fruits OF his own unassisted meditatons. from
which the court has received so much honor and
have sometimes thought even the bar OF the coun
try hardly realizes to what extent he was in some
respects, unassisted. He was appointed Chief JUS
uce In January S01 and took his seat on the bench
at the following February term. The Court had
then been In existence but eleven wears and in that
time less than one hundred cases had passed under
Its Judgment The engrossed minutes OF its dOfngs
cover only little more than two hundred pages
its reported decisions fiji but iTe hum a
dred pages OF three volumes OF the reports published
by MI. Dallas The courts of the several colonies
beIore the Revolution, and OF the states afterwards
had done all that was required of them and vet the
volumes OF their decisions published before 1901 can
be counted on little more than the fingers of a
single hand, and II these and all the cases decided
before that time, which have been reported since.
were put into volumes OF the size issued by the
the fingers of both the hands for their fun ename-
ration. The reported decisions of all the circuit
and district courts of the United States Were put
into little more than two hundred pages OF Dallas
In this condition OF the Jurisprudence OF the
country Marshall took his place at the head OF
THE NATIONAL JUDICIARY.
The government, under the Constitution, was
only organized twelve years before, and in the in
been regularly proposed and adopted. Compare
lively nothing had been done Judcially to define
the powers or develop the resources of the Consti-
tuti9n, 5 & Inc common law OF the mother country
had been either silently or by express enactment
adopted as the foundation of the system by which
the rights Of Of persons and property were TO be de
the courts to adapt it TO the new form
Of social life to when ias new Ts1s sae.
nation, the Constitution, and the laws We're in in
their infancy. Under these circumstances It was
most fortunate for the country that the great Chief
and that during ali that @e with ler re
interruption, he kept on with The work he showed
himself SO competent to perform. AS year after
irresistible logic, enforced by his cogent English,
ne developed the hidden treasures of the
Constitution, S Demonstrated its capacities, and
that government rghtfully administered
under Its authority could protect itself against
AGAINST THE WORLD.
He kept himself at the front on all questions of
constitutional law, and, consequently, his master
hand is seen in every case which involved that
subject. At the same time he and his co-workers,
whose names are, some Of them, almost as familiar
as his own, were engaged in laying, deep and
strong, the foundations on.which the Jurisprudence
OF the country has since been built Hardly day
now passes In the court he SO dignfed and adorned
without reference to some decision of his time as
establishing principle which, from that day to
this, has been accepted as undoubted law.
1t Is Not strange that this is so. Great as he was
he was made greater by those about him and the
events in the midst of which he lived. He sat with
Paterson, with Bushrod Washington, with William
johnson, with Livingston, with Story and with
Thompson, and there came before him Webster and
Blnney and Martin, and many others equally Illus
trlous, who then made up the bar Of the Supreme
Court He was giant among giants. Abundance
A
thought and patient Investigation, and opinions
were never filed until they had been prepared with
Reports embraces the work OF two full years, and
all the opinions save one are from the pen Of she
Chief Justice. Twenty-Five cases only are report
which, for the first time, 1t was announced by the
supreme Court that twas the duty Of the judiciary
to declare an act OF the legislative department of
the government invalid IL clearly
REPUGNANT TO THE CONSTITUTION.
After this came, in quick succession, all the va
nous questions Of constitutional international and
general law which would naturally present them
selves for judicial determination in new and rap
idly developing country: The complications grow
with Great Britain brought up their disputes for
settlement, and the boundary line between the
powers Of the states and of the United States had
by treaty over rsrritory Dry not e' Originally Originally
sns The s of supc Az tess
new in the domain OF the law, and rights
were to be settled not on authorities alone but by
the application OF the principles Of right reason.
Here the Chief Justice was at home. and, when at
the end OF his long and eminent career he laid
down his life, he, and those who had so ably as
sisted him in his great work, had the right to say
that the judicial power OF the United States had
been carefully preserved and wisely administered
The nation can never honor him, or them, too much
for the work they accomplished
Without detaining you longer, ask You to look
upon what is hereafter to represent at the seat Of
government, the reverence of the Congress and the
bar of the United States for John Marshall, 1.-THE
ExpOunder OF the Constitution"
The Unwilling.
At the conclusion Of his address Chief Justice
Waite pulled the string that confined the canvas
covering OF the statue and the bronze representa-
ton OF Marshall was unveiled and revealed to the
assemblage. The unveiing elected hearty round
OF applause.
The Marine band next rendered selections from
the trial scene OF Macbeth {Pinsater).
CONTINUED IN SECOND EDfTIoNl