Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-05-12
SPEAKS TO THE BAR.
,rsr,cr upowN OF THE SUPREME
corRr on JUSTICE MARSHALL"
The CAPITAL AND LABOR PROBLEM.
..r c,os, NJ Monopoly Has rise"
c.oxc--Ncnncc 90 the
m.,.,n Century-Distins"'she"
,,s views on states Rights

Ger 'no - developed the wide
interest and the marked eh'h"-
,no, did the appearance OF MI.
1us,lce Brown. Of the Supreme OoU' ~.
,ho United States, in the nan u
- Of delegates yesterday afteri'oo"'
Tno distinguished jurist was coru'",''
.oo,oa nv a large and distinguished auu'
go including the judges Of the Ohitcu
states Appellate Court; Judge 49, .ro
~ tho District Court: the Judges ~
,or,oration and county courts A''0'''e'
conoral Montague, and full repreSei''"
49, >, che Richmond Bar. Through inc
,.,r,osv Of the association genera III
vitation TO the public had Dec" 49,
ana many ladies took advantage u ~
consideration, as well as men Pio"''',N
=. IN ,he walks of life. The Distinguish
"a ,ur,st was loudly cheered as ne e"-
,ored the hall. accompanied by MI "oSS
~ De- He declined to take me
sneakers chair, and during the p,e''i IN
narics before he was caileu upo" cI.ri,,e
dress the assembly he sat AZ '"0
desk. ,-socio+fon 10
HF
~ and the usual routine matters were
Sisnoeed of I'm short order, the only le"r
so ~ interest being the election Ol
Tassrs NJ NJ. Mcclure and George FL
uott to membership.
THE ORATOR PRESENTED.
Mr. Page then said: Ladies ana gen
flemen. | have the pleasure TINS 49,
noon of introducing Mr. justice bio ,"
OF the Supreme Court OF inc 49,
states who will deliver an address on
80 80 chief Justice. John Marshall.
lie then recalled TO the minds Oh hiS
hoarors the two occasions upon WHlch
tho chief Justice had been present II lile
bau an which they had met-at the lhulc'-
,oont ~ Aaron Burr and during the Ia
NOUS convention Of lS29-S ...,-
Tus,ico Brown. who was gree'ed Win
nrolonrcd applause, prefaced MS au-
dress by an allusion TO the historic as
sociations that are connected Win the
han of the House Of Delegates WIN
which he assured his hearers ne was
very familiar. lie had had the pleasure
he said. of visiting the old home OF Chlei-
Iustice Marshall. of meeting Two OF IA"
grandchildren. of sitting IN the ch"H
that he had used Of dOnning Tor minute
the robe he wore. and OF SITTING 1t tne
desk whereat he wrote his famous cpih-
ions. THE details" said Justice Brown,
''may seem tame to you, but 10 me 'neS
are of surprising interest $500, o..
THO croat charter of our Federal Gov
ernmont the Constitution Of the Omteu
states. he continued. comparatively re-
cent as il is. is believed TO be. with the
single execution Of the Constitution OF
,be state of Massachusetts, the Oldest
written scheme Of a national government
now i'm existence. While there are ollleI
Governments older than our own, theg
are governments of tradition and CROWN,
SIS distinguished from government Oh
uremeditated and carefully considered ue-
sign. The history of the Constitution
forms a striking contrast to the eNpeH-
ence of other countries. Since It's "uop-
ton i'm 1889 the people OF france nave
lived under nine different constitutions
Switzerland under four, and Spain under
four. while there is scarcely clvlhzeu
nation i'm Europe that has not Wlthh tlle
mast century adopted and thrown aside
a constitution modelled 10 great VI
less extent upon our own.
DIFFICULTIES IN THE WAY.
That this marvellous instrument has
accomplished so much, Justice Brown
attributed 10 the fact that o. trainers
colors he outlined the difficulties which
beset its promulgation, the objects sought
10 be obtained. and he traced its develop
ment through the stages Of the consutu-
tional convention over which George
Washington presided, and To which the
ablest and most experienced men IN the
country had been sent rs delegates. Ihere
were two difficulties which threatened to
render the whole scheme aboruve-frst,
hatred of the British crown and Parlla-
ment, and on the other hand frank
confession of the impotency of the ola
confederation. There was also feeling
of jealousy between the larger and
smaller States The work Of the conven-
ton. finished September II, 1881, had been
described as compromise extorted
from the grinding necessities Of re-
luctant people" Sixteen of the thirty
five delegates refused TO sign 1t. The
question arose as 10 who should construe
the Constitution literally, to create a
great and powerful nation, or, strictly,
TO preserve the sovereignty of the States
Congress. the people, the press, and even
the Supreme Court were divided upon
this question, and it was not until the
close of the civil war that it was finally
determined that the Federal Government
was not a mere agent of the states, as
claimed by the States Rights party, but
was a single. united, homogeneous ma
ton.
The great case of Chisholm against the
State of Georgia was the only important
question of constitutional construction
before the Supreme Court in the first ter
years. The States were absurdly jealous
OF the Federal Government and fairly
rose in rebellion against decision rem
dcrCd against the State.
PRESIDENT ADANiSS CALL TO MAR.
SHALL.
AT this critical juncture." said JUS
tice Brown, president Adams called tC
the chief justiceship John Marshall, Of
Virginia. then the leading lawyer Of hi:
native State" Continuing, he spoke Of
Marshalrs antecedents. his service during
the Revolution. following the STANDARD
during the gloomiest period Of the war
and returning TO Richmond at its close L
devote himself TO the practice of law
He spoke of his service in the Legisla
ture. I'm the State convention, his faith
in Washington. and his elevation TO tn,
bench of the Supreme Court. lie painted
word picture of the Chief Justice, de
scriblng his appearance, traits. and pecu
liarities. He was the guiding intellec
Of the great tribunal, he said and OF tn,
l.lO6 opinions filed during his incumbenc!
OF thirty-four years, nearly one-half wer'
delivered by Marshall himself; but hii
fame rests on less than q score of hi
constitutional decisions. and IL is as III,
expounder OF the Constitution that hl
name viii be known in American his
tory. lie laid down the principle tina
courts Of justice have the power TO de
termine the validity of laws enacted b.
Congress. Justice Brown discussed thi
opinion In its operation at some length
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