The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-23

mckinley on ws.hingten's Farewell Address
Justice Brown on Chief Justice Marshall.

mckinley on Washington. r.rewsr Address
snstice Brown on Chief Justice Marshall.
ITHACA, Feb. ga large audience Of students
and distinguished visitors gathered in tho
armory at Cornell University this morning for
the ceremonies in celebration OF washington's
Birthday. Over ono thousand invitations had
been sent to distinguished members Of the bar
and other eminent men. and such an audience
was as has graced but q few occasions
In the history OF the university. President
Schurman made a few Introductory remarks.
Prcsidcnt-elect Mckinley, in a lettor to Presi-
dent Schurman, said:
Next to the Declaration OF Independence It.
self. washington's farewell address is the rich
est heritage that has come down TO us from tho
fathers Of tho republic. It is not only a perfect
analysis OF the spirit Of tho Constitution, but 1t
is a lofty appeal to true American patriotism.
accompanied by words Of solemn warning and
advice. the wisdom Of which has boon increas-
ingly demonstrated by added experience Of each
successive generation. I most strongly com
mend your proposition to celebrate the centen.
NAL Of this great document by issuing q special
edition for presentation to the students OF Cor
nell University"
The Hon. Andrew d.. White presented por.
traits Of six distinguished ~jurists, and the gift
was accepted in n speech BY tho Hon. +. NJ.
Finch, dean of the College OF Law.
Justice Brown Of the United States Supreme
Court delivered tho grafton OF the day on Chief
Justice Marshall. lie began by pointing out
that our Constitution, young as II Is, has but one
senior, that Of Massachusetts, and is now as
strong as ever. while dozens havo gone to wreck
In the European countries. Tho reason was that
the trainers were not theorists, but men labor
ing under stern necessity to meet existing con-
ditions. Yet revercd as It is now. II was not
acclaimed upon its birth. There was fear that
tho new Government would crush the indie
pendenco OF the States, and the contrary fear
that 1t would be too weak to stand. When
adopted II was, as John Quincy Adams said. a
compromise cxtorted from the grinding ne
c~essities Of n reluctant people,"
Tho Constitution adopted. TO tho unlearned
mind II might appear that the work Of founding
the government WINS then complete; that all dis
puted questions had been settled. and that moth
ing remained but to put 1t In motion. Nothing
could be further from tho truth. Questions
which had been settled wero as nothing to those
which remained, unanswered. There was tho
1t be construedi Literally, to create a great and
powerful nation: or strictly, to preserve the soy,
with the construction OF the Constitution must
rest with the Supreme Court.
During the first ten years the court gave
only one important decision, and the States at
once reversed that by constitutional amend.
nicnt. Then John Marshall was made Chief
Justice. lie became at once the guiding intel.
lcct OF that great tribunal. OF the ] 100 opin-
ions filed during his incumbency OF thirty.iour
years, nearly one.half were delivered by Mar
shall himself. but his fame rests upon less than
a score OF his constitutional decisions.
In the very first Of his constitutional cases he
laid down n principle which, though not entirely
novel. has done more TO perpetuate this Govern
n the so snaa e of 3u 1ne eohS sYs ibe p isseir' 10 ,5 aete Is.
mine the validity of laws enacted by Congress,
and to declare such as are. passed In violation OF
the Constitution TO be null and void. In no other
country had this been attempted. and yet for the
want OF IL more than one constitution has been
torn In shreds. In but one case since the court
was organized has tho country refused to acqui:
esco in it's Judgment, and out OF that REFUSAL
grew the civil war which soon followed. For
Another great decision delivered by Justice
story declared the right and necessity OF the
acc "a final interpreter of tho Constitu-
ti5n," oyerruling, II need be. the supreme Courts
""the power Of Congress to 10 Charter a bank" il
was conceded that no such power was expressly
given, but under the authority OF Congress to
proper for carrying into execution the power OF
The general Government, Marshall held that
oar great re- se systsa Of ah national PSMsrbi a %GSn T IN % fo sSass
decision I'm the case Of the Dartmouth College
S a"s a co lhs Ss's and iu eonid h sot t be im lhs a EaSr' Sy
State law. This decision IL the means OF pre-
serving private charters from legislative spolia:
tiott III pb'i "a WV VI
Congress over waterways OF the country.
Fortunately Marshall was untrammeled by
precedcnts. If the construction OF Colonial
charters afforded him any light he never ac-
knowledged II, as he rarely cited a case as au-
thority except to answer II. Ii Is refreshing to
turn from one of our modern opinions. weighed
down as they are by prior cases, to one OF Mar
shnllsc lear-cut statements OF the law. wherein
by a process OF pure reasoning he marches d.
rectly to his conclusions. His self reliance WAS
his most remarkable trait. None Of the subse-
quent opinions OF that court can compare with
his In lucidity of statement, breadth OF argu.
ment and directness OF purpose. Indeed.
he was not merely the. expounder OF the Con.
stitution. but virtually the creator OF that
branch OF legal training known as constitutional
law. Accepted as Marshall's views of tho Con-
%stitution now generally are, IL must not be sup
posed that they received the unanimous APP
prevail OF the Court. Tho strict constructionists
were always ably represented upon the supreme
bench, though not till Marshall's death did
they threaten to sway the ruling OF the Court.
Justice Brown closed with a survey OF those
problems OF accumulated and centralized capi-
tai. in which, rather than as OF old the problems
of Constitutional law, he secs the stern centre OF
tho future decisions OF the Supreme Court OF the