Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1901-02-19
Marshall Day Address.
Continued from last week.

1t was early seen that the courts Of
the country were the seats of arbitrary
power, and that they were the only ones
that could say to porson, "I command,
you obey Hence the selection Of
judges to the supreme tribunal of the
land gave President Washington more
anxiety than any other appointments he
was called on to make when he was
inaugurated the first president of the
United States. The first chief Justice
was John Day, appointed in 1879; the
second John Rutlege, appointed in 1895 !;
the third Oliver Ellsworth, appointed in
1896, and the fourth and greatest of them
all was John Marshall appointed in 1901.
Thus, after a long course of training
commencing when he was Is years old
in law Office, and leading thence to
the legislative halls, thence to the diplo
matte service of his country, thence to
the supreme bench, he reached at the
age of Sc years, position for which e
was peculiarly fitted and we'll equipped
and which he adorned for nearly 81,
years, leaving behind him reputation
second only to that of Washington.
We can form some idea of the great
work performed by Marshall and the
vast field covered by his judicial labors
when We conside. that in the colonial
time the English constitution and the
common law prevailed in America.
When the new republic was organized it
became necessary 10 modify the prin-
C pie of law and adapt them to the
al:el d form of government. This great
work was accomplished to large ex-
tens oy Chief Justice Marshall, whose
penetrating mind and thorough republi-
canism truly fitted him for the task.
The name and fame, however, of Chief
Justice Marshall is intimately and for
ever associated with the constitutional
history of the United States.
No other man in this.country ever had,
and no man will hereafter haye, such an
opportunity for the display of ability
and judicial learning as he, and no man
ever brought to the discharge of great
and difficult task greater ability, cour-
age and patriotism.
Entering an untried field, without
precedents, constructing a written con-
stitution providing the machinery of a
complex dual government, the subject of
wide difference of opinion ameng wise
men, as Hamilton smote tie rock of
the National resources and abundant
streams OF revenue gushed FORTH" so
Marshall breathed on the dry bones of
the federal constitution life and light,
and made 1t a living instrument and
gave the scheme of federal and state gov
ernments, moving harmoniously in their
orbits, under the fixed law of the consti-
tuition tangible form. He enunciated
the principles of liberal construction of
the constitution which have been fol-
lowed by the great judges who have sue
ceeded him on :the supreme bench, and
under which the nation has grown to
its present greatness. and power, the
continuance OF our republican institu-
tions was made possible and the happi-
ness OF great people secured.
If we. study the works of Marshall,
and OF the learned judges who have fol-
lowed his decisions, We shall find that to
the Judiciary, as much, perhaps, as to
any other source, are the people of the
United States indebted for their present
lorm Of constitutional government, strong
enough to perpetuate its own existence,
and powerful enough to protect every
citizen in the enjoyments of the rights
that are guaranteed to each by the con-
stitution.
Based upon the principles of pure logic,
Marshall's opinions are free from ti
vice SO conspicuous in these DAYS
stuffing opinions with a multitude o.
precedents SO that the substance and the
point at issue are lost in the different
nazes of illustration. In a recent arti-
Gle on this subject, distinguished law
yer Of this country says that ''it is easy
to find single opinions in which more
authorities are cited than were men
toned by Marshall in the whole thirty
years of his unexampled judicial life,
and briefs that contain more cases than
' etjter referred to in all the arguments
he e. er delivered"