The Portland daily press., 1901-02-05
Judge Putnam Addresses Mem
bers of State Bar Association.
Ex-Secretary Olney One Of Speakers At
Boston Celebration.

four million souls, necessarily seemed o
tribunal of the smallest possible account.
Today the American Empire as Mar
shall himself was the first to call it, with
Its immense territory and Its seventy
five millions OF Dsople is negligible
factor nowhere on earth, and Its national
Supreme Court ranks as the most exalted
and potent judicial tribunal that human
skill has ever organized, But the work
MArshall was destined to undertake can
be estimated only by considering its In
herent character. All minor features
being disrt garded, there are two OF capt.
tai Importance In the first place, here
was ship of state just launched. which
was to be run rigidly by chart ty sailing
directions laid down In advance, and not
to be departed from, whatever the winds
or the wares or the surprises or perils OF
the voyage--in accordance with grants
eaft lhtisVi itAfinnsv Of. pavfg.--Ret --foEth In
excspt ID the fisA asa ooss Ct revolution
and civil war. But the experiment OF
govern ment according to written text
entailed yet another, namely, that ef
ju 1icial branch designed TO keep all the
branches within their prescribed spheres
10 that end 1t was not enough 10 make
the judicial branch independent Of the
leRis islative and executive branches IL
was necessary to make IL the final judge
not only OF the powers OF those other de'
partments, but OF Its own powers as Well
Thus the national judiciary became the
keystone of the arch supporting the new
political edifice, and was invested with
the most absolute and far-reaohing au.
thoriey. Since almost all legislative ana
executive action can In some way be put
In iFsne In a suit, it Is an authority ottsn
involving and controlling matters OF high
state policy, external as we'll as tnternaL
At this very moment Is IL not believed,
indeed proclaimed in high quarters that
the question of Asiatio dependencies for
the United States and Incidentally OF It's
foreign policy generally, practically ming
es upon judg ments OF the national Su-
preme Cnuru In cases requiring the exer-
oise or Its function as the nnal Inter.
prefer OF tbs constitution What judicial
tribunal In Christendom is or has ever
been, directly or indirectly, the arDlter OF
issues OF that characssrf
II was a national Judiciary of this sort
Of which John Marshall became tne heAu
one hun dred years ego. That ne uomi,
mated his court on all constitutional
questions is indubitabie. That he exer-
oiSed his mastery with marvellous sagaoity
and tact, that he manifested profound
comprehension Of the principles OF our
constitutional government and declared
them In terms unrlvallsd for their COM
bination of simplicity and exaotness,
that he justified his Judgments by reason
ing impregnable in point OF lcglc ana IT.
resistible In point OF rersuasiVeness-hah
net oil this heen universally conceueu ior
the two generations sinoe his death, ana
will tt not be found to have been univor-
sally voiced today wherever throughout
the land this centenary has besn observed
| II we consider the work TO which he was
devoted. it must bs admitted TO have been
OF as high nature as any TO Wnlcn
| human faculties can be addressed. III we
consider the manner In which the WORK
was done, 10 must be admitted tnat any
thing better In the way OF exsoutlon u is
difficulE to conceive. And IL we consider
both the greatness OF the WORK anu tne
excellence of It's performance relatlVsiy 70
any opportunities OF Marshall 70 uuly
equip himself forsit, ne must pe WV ~
| to be one OF the exceptional characters Oh
history seemingly foreordainod TO some
| Grand achievement because ntted and
adapted TO It practically by natuIal Reh-
| ius alone. -.
IL it be true-as It is beyond csvil-that
to Washing ton more than " any M osnet
man ig due the birth OF the American
nation, It is equally true beyond eaVil
| that 10 Marshall more than TO any other
man is It due that the nation has come
safely through the trying ordeaIs OF inIan-
| tine weakness and youthful efiervescenee,
and has triumphantiy EMERGED into well
deyeloped and lusty manhood, HAD the
| constitution at the outses Deen oammitteu
TO other hands, 1t could have been ana
| nrobabIy would have been constructed in
the direction OF minimizing It's scope and
etficien oy--of dwsriiug and trittering
away the lpowers conferred BY It, ana OF
making ths sovereignty of the nation but
a petty thing as compared with the soyer-
eighty OF tns state, Under Marshalls Z
auspices, however, and his Interpretation
and exposition OF the constitution, ths
sentiment OF nationality garminated and
grew apaoe, a vigorous national life de-
veiopsd and en- tndestruotiDie union oil
indestruotIbIe states teolme a tzngibis
and Inspiring entisty, appalling alike C
the affections and ths reason Of men, and
In which, thus far at lsast. they have
assn both the ark CT their safety and m
Ideal for which to willingly lay down
their liyss. L refer thus to the past, be-