The Savannah morning news., 1900-08-31
MARCH OF THE CONSTITUTION.
IMPORTANT ADDRESS AT BAR Asso-
CITATION MEETING.

the Constitution of the United
states Has the Marching Quality.
History of Some of the Most Inn
portant steps in Its Progress.
Court Decisions That Necessitated
Amendments.
Saratoga, N. Y, Aug. 30-At to-day's
session of the twenty-third annual meet
ing of the American Bar Association, the
annual address was delivered by George
R. Peck of Chicago, H., who spoke OH
1.-The March of the Constitution" He
said in part:
The federal constitution was a great
creative work, a new departure.
In general way, it may be said that
a constitution is the system or body of
fundamental principles, written or I'M
written, under which a nation. state or
body polite is formed or governed.
Well did Tennyson describe the process
by which the British constitution was
evolved, when he wrote:
"A land of old and Just renown
Where freedom broadens slowly down
From precedent to precedent"
But the British constitution could not
suffice when the American people pro-
posed to embark upon a career of sepa-
rate nationality.
Never did men face a graver RESPONSE
bility than did those who undertook to
bring order out of the chaos which then
enveloped them.
The lofty enumeration of their purposes
in the preamble to the Constitution, was
itself a solemn judgment upon the art-
cles of confederation, which, indeed, all
men knew were altogether inadequate
for holding the fruits of their struggle
for Independence.
What order of men they were who
framed our Constitution is shown in the
light of a historical contrast which is
full of dramatic interest France was in
trouble-a trouble more serious than any
which ever before confronted an existing
order of things.
On the very day that George Washing
ton was elected President of the conven-
ton, the great assembly of the notabes
adjourned. They had sat two months and
utterly failed to do anything which could
save France. Then came another meet
ing of the note. bles and of the states gem
eral, the national assembly, the constit-
uent assembly, and that fruitless and ut
terly abortiVe effort to make constitu-
ton which should save the kings crown
and the peoples rights.
This attempt at constitutional making
failed, for it could not rally to it's sup
port any faith in its inherent strength. 1t
simply collapsed when put to the pitiless
test of those pitiless times. Great hopes
had been conferred in it, hopes of deliver
ance, hopes of happiness and hopes of
peace; but Carlyle sums up the result in
single sentence, which he makes the
heading for one of his grandly picturesque
chapters: Constitution will not march"
Had the Marching Quality.
But, gentlemen, the constitution our
fathers made had the marching quality in
It.; and our history records how il has
marched in good and evil days. some
times through perils and difficulties, some
timse seeming almost ready to halt, but
always moving forward.
Franklin urged the members of the con-
vention to sink their personal objections
for the sake of the great issue at stake.
THUS I consent. sir, to this constitution"
he said, because I expect no better and
because l am not sure that it is not the
best. The opinions l have had of its or
rors I sacrifice to the public good"
It was the result of large number of
compromises.
There was little business for the Su-
preme Court in the eleven years which
only six constitutional cases were decid-
ed
Thus far the constitution had marched;
but it must be admitted its pathway had
not been a smooth one. The people soon
learned that the Supreme Court was a
body claiming enormous powers-powers
that thousands of good men viewed with
sincere alarm.
When Chisholm VS.. the State of Geor-
cio bpf
was ahame with excitement. Mingled
feelings of astonishment and Indignation
filed mems minds at the thought OF bring
ing a sovereign state into court like an
ordinary debtor.
This is a case of uncommon magni-
tude," said Justice Wilson. "One of the
parties 20 it is a state; certainly respec-
table, claiming to be sovereign The
question to be determined is whether this
state. so respectable, and whose claim
scars so high, is amenable to the jurisdic
ton of the Supreme Court of the United
States? This question important in it.
self, will depend on others more impor-
tant still and may perhaps, be ultimate
ly resolved into one no less radical than
this: DO the people of the United States
form naton?'"
A Georgia Case.
When the court held the state of Geor-
gia to be amenable to a private citizen,
an overwhelming demand went up for an
amendment to the constitution, and so
the eleventh amendment was straghtway
adopted.
When Marshall took his seat 1t was plain
that he would have many uncomfortable
experiences and much rancorous criu-
cism He believed in a strong govern
ment; and so also did his adversaries.
But they believed the strength should be
in the separate parts, while he believed
it should be in the sum of all the parts
the Nation. He had, indeed, the great
conception of John Milton: mot
many sovereignties united In one common
wealth, but many CONFERENCE.-The under
one united and intrusted sovereignty"
The first case in which Marshall was
called upon to go deeply into the theory
of our government is Marby v Madison.
The great value of the decision lies in
the luminous and convincing discussion of
the question: What is the duty Of the
judiciary when a statute not authorized
by the constitution is asserted as the basis
OF a legal right?"
ITO what purpose are powers limited"
he asked. land to what purpose is that
limitation committed 70 writing, II these
limits may, at any time, be passed by
those intended to be restrained?' And he
answered: certainly all those who have
framed written constitutions contemplate
them as forming the fundamental and
paramount law of the nation, and, conse-
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