Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-02-05
JOHN MARSHALL DRY WAS
OBSERVED BY CONGRESS.
SERVICES IN THE HALL OF THE
HOUSE IN MEMORY OF THE
GREAT VIRGINIAN.
THE PRESIDENT AND CABINET.
MEMBERS OF THE DIPLOMATIC
CORPS, AND MAN OTHERS
HEARD NOTABLE ORATORS.

NOTAELE ORATORS.
WASHINGTON, February 4.-John
Marshall, of Virginia, was installed
as Chief justice of the United States
one hundred years ago to-day, and at
10 o'clock this morning the centen-
NAL anniversary of that event was
commemorated with impressive cere-
monies in the hall of representatives
in the capitol. The president and his
cabinet, the members of the Supreme
Court, the members of the Senate and
House, the diplomatic corps and mem
bers of the District Bar Association
attended as invited guests. Many
other distinguished persons were in
the galleries, which were reserved for
those holding cards of admission.
President Mckinley and the mem
bers of the cabinet were the last to
arrive. The entire assemblage rose
and remained standing until they had
seated themselves. Representative
Dalzell of Pennsylvania called the as
semblage to order. He stated briefly
the action of Congress in providing
for the ceremonies and the selection
of Chief Justice Fuller as presiding
officer. The chief justice, in his jul
dicial robes, was escorted to the chair
by Representatives Grosvenor OF Ohio,
and Richardson of Tennessee. The
Rev. DR.. William Strother Jones, Of
Trenton, N. j., a great-grandson of
John Marshall, invoked the divine
blessing. The chief justice in intro
ducing Hon. Wayne MacVeagh, who
was to deliver the grafton, paid an
eloquent tribute to the great work of
Marshall which evoked hearty ap-
plause from the assemblage.
Chief Justice Fuller's address was
devoted almost entirely to the consid-
Grafton of his predecessors career as
ar expounder of the federal constitu-
ton. He referred briefly to the judi
cial work of the earlier days of the
nations history and then presented the
task which lay before Marshall when
he assumed the duties of the chief
magistrate of the land, saying: THE
court in the II years after it's organi-
cation, during which Jay and Rut-
ledge and Ellsworth-giants in those
days-presided over its deliberations,
had dealt with such of the govern
ment problems as arose, in a manner
worthy of it's high mission; but it was
not until the questions that emerged
from the exciting struggle of 1900
brought it into place, that the scope of
the judicial power was developed and
declared and its significant effect up
on the future of the country ~recogniz-
ed.
The people in establishing their fu-
ture government, had assigned to the
different departments their respective
powers and prescribed certain limits
not to be transcribed, and that those
limits might not be mistaken or dis
regarded the fundamental law was
written. And as the chief justice OBJ
served, "to what purpose are powers
limited and to what purpose is that
limitation committed to writing if
these limits may at any time be pass
ed by those intended to be restrained?"
He quoted Chief Justice Marshall's
the Constitution must be interpreted
by its intention and said of his words
in that connection. These were ap-
parently plain legal rules of construc-
ton, yet in their application is to be
found the basis of the national fabric;
the seed of the national growth: the
vindication of a written form of gov
eminent; and, simple as they now ap-
pear to be, their successful application
then required the highest judicial
qualities
Chief Justice Fuller went on to say
that the powers and duties of the var
ious branches Of the government had
not been we'll defined and that there
was intense a~ntagonism between them
which it was necessary for the Su-
preme Court to reconcile. Speaking
of Marshall's part in this service. he
said impressiFely:
TO hold the balance true between
these Earring poless to tread the
straight and narrow path marked out
by law, regardless of political exped-
iency and party politics on the one
hand. and the jealousies OF the reyis-
ing power on the other; to a out
the governing principle in such man-
ner as to leave the mind free to pur-
sue its W course without perplexity
and to commend the conclusions
reached to the sober thought; these
demanded that breadth of view; that
power of generalization; that clearness
of expression; that unerring discre-
ton: that simplicity and strength of
character, that indomitable fortitude;
~ 1870