The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-30
MARCH OF The
CONSTITUTION.
Subject of George r. Peck's An
nual Address.
Delivered Before the American
Bar Association.
rs RICH IN HISTORY.
Traces Constitutional Develop
ment From the Beginning.
Treats Hearers to a Mastery
Presentation of the Subject.

Saratoga, N. Y. Aug. S0.-At today's
session of the twenty-third annualmeet
ing OF the American Bar association. the
annual address was delivered by George
r. Peck, of Chicago. who spoke on The
march Of the constitution"
Mr.. Peck said:
The Federal Constitution was a great
creative work, a new departure
In a general way, it may be said that
q constitution is the system or body OF
fundamental principles, written or I'M
written, under which q nation, state or
body polite is formed or governed
Well did Tennyson describe the pro-
cess 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 sep
arate nationality.
Never did men face a graver response
bility than did those who undertook to
bring order out of the shaos which then
enveloped them.
The lofty enumeration of their pur-
poses in the preamble to the Constitution
was itself solemn judgment upon the
articles of confederation, which, indeed,
all men knew were altogether made
Quate 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 exist
ing order of things
On the very day that George Washing
ton was elected president of the conven-
ton, the great assembly of the notables
adjourned. They had sat two months
and utterly failed to do anything which
could save France. Then came another
meeting OF the notables and of the states
general, the national assembly, the con-
stituent assembly. and that fruitless and
utterly abortive effort to make con-
stitutiOn which should save the kings
crown and the peoples rights.
This attempt at constittuion-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 pitt
less test of those pitiIess times. Great
hopes had been centered in it, hopes of
del1verance, hopes of happiness and
hopes OF peace; but Carlyle sums up the
result IN a single sentence, which he
makes the heading for one of his grandIy
picturesque chapters: Constitution Will
not march,"
But. gentlemen, the constitution our
fathers made had the marching quality
IN It; and our history records how it
mas marched in good and evil days,
sometimes through perilS and difficult
TO halt, but always moving forward
Franklin urged the members of the
convention to sink their personal OBJ
5ections for the sake of the great issue
at stake Thus 1 consent, sir, to this
constitution" he said, because 1 ex-
pect no better and because I am not
sure that it is not the best The opin-
ions 1 have had of its errors I sacrifice
TO the public good
It was the result of a large number
Of compromises.
As has been truly said, Nobody
liked all its provisions, and everybody
feared some of them" It's adoption
was a great, wise and patriotic act; for
craftsmanship is not the obstinate
reaching out for the unattainable, but
the acceptance of the best that is within
reach. 1t was the profound recognition
of this truth that secured its adoption,
without the provisions soon afterward
adopted in the first ten amendments,
the absence of which in the original
draft caused so much opposition
Many great causes have been wrecked
by the unyielding opposition of narrow
minds, seeing only a single point, that
may or may not be correct, but which
IS as nothing compared with the issue
involved. Such minds there were, and
have been always, who, honestly be-
In them, cling fast to the things which
are petty and Insignificant, and sacrifice
those which are of supreme value. But
the constitution was adopted; and those
prophecies of failure; and its friends
could only admit frankly that it was
an experiment which must wait the test
TfcleNw was little business for the su-
prerll4 court In the eleven years which
Preceded the appointment of Marshall;
only SIX constitutional cases were de-
cided,
Th9s far the constitution had marched;
1Qt Ft must be admitted its pathway had
n5os4neSsh 2 smooth one The people soon
tteatlaea that the supreme court was
tna+k thousands OF good men viewed with
When Chisholm VS.. The state of Georgia
was Drought before them, the country
was ariane with excitement. Mingled
daessellngs OF astonishment and indignation
ing q sovereign state into court like an
tude," said Justice wilson lone of the
parties to It Is a state; certainly respect
ton to be determined is, whether this
state. so respectable, and whose claim
diction Of the supreme court Of the United
States This question, important in itself
VIII depend on others more important
still; and may, perhaps, be ultimately re-
solved into one no less radical than this
10 the people of the United States form a
When the court held the state of
an Overwhelming demand went rp for an
amendment to the constitution, and so the
eissvensh amendment was straightway
When Marshall took his seat it was
pam that he would have many uncom-
AoflaDle experiences and much rancorous
criticism He believed in a strong gov
eminent; and so also did his adversaries
SUI tney peneved the strength should be
n u tne separate parts. while he believed
II should be in the sum of all the parts
the nation He had, indeed. the great
conception Of John Milton: not =
many sovereignues united in one COM
monWealth. but many commemorative I'M
der one united and intrusted SOVEREIGNTY
me nrst case IN which Marshall was
called upon to go deeply into the theory