Evening star., 1901-02-04
MARSHALL'S MEMORY
Government and Governed Combine to
Honor the Great Jurist.
IMPRESSIVE ASSEMBLAGE At CAPITOL
Eloquent Tributes Paid to the
IIIustrious American.
FEATURES OF THE EXERCISES

The one hundredth anniversary of the in
| duction of John Marshall into the office of
| chief justice of the United States was OBJ
| served this morning by exercises held in the
| House of Representatives and participated
| in by the President. the members of the
| cabinet, the United States Supreme Court,
| the Senate and House of Representatives,
prominent officials of the government, the
| District Commissioners and the Bar Asso-
| citation of the District Of Columbia. The
galleries Of the House were filled with
citizens who We're present by invitation.
About forty-five descendants of John Mar
shall were also present. They represented
| many states, but were mostly from Vir-
ginia and Maryland.
The exercises commenced soon after 10
O'Clock In accordance with a concurrent
resolution of Congress and following pro-
gram arranged by a committee consisting
of Senators Hoar and Lindsay and Repre-
sentatives Dalzel, Grosvenor and Richard
son, acting with the Bar Association.
The members of that organization were
the first to reach the House and We're seated
on the democratic side, in the seats back
of the first four rows. little before 10
o'clock about score of senators. escorted
by Sergeant-at-Arms Ransdell, arrived and
took seats in the front row on the demo-
cratic side. Following them came Chief
Justice Fuller Mr.. Justice Harlan. Mr. JUS
ticc Brewer, Mr.. Justice White, Mr.. JUS
tice Peckham and Mr.. Justice Mckenna of
the Supreme Court escorted by the officials
of the court. and We're seated in leather
Chairs in front Of the Speakers rostrum.
President Mckinley and Cabinet.
When the President of the United States
entered the hall he was attended by all the
members of his cabinet and by Secretary
Cortelyou. They were shown seats on the
right Of the Supreme Court, the assembly
standing until the executive party were
seated.
In the meantime the members OF the
House had been coming in and occupied
chairs on the republican side of the hall,
Speaker Henderson taking the first chair.
Representative Dalzell called the assem-
blage to order. announcing the authority
for the holding of the ceremonies. Mr..
Dalzell said it was appropriate that an hon
ored successor Of John Marshal should pre-
side, and he called upon Representative
Grosvenor and Representative Richardson
to escort Chief Justice Fuller to the ros-
trum, to whom he yielded the gavel, and
the three representatives resumed their.
places.
Invocation by Greatsrandson.
The chief justice introduced the Rev. DR..
William Strothcr Jones, pastor Of st. Mi
chael's Church, Trenton, n. j., great
grandson of Chief Justice Marshall. who
delivered an invocation
Chief Justice Fuller's address was devoted
almost entirely to the consideration Of his
predecessors career as eXpounder of
the federal Constitution. Referring to the
removal Of the Supreme Court, with other
branches of the national government, from
Philadelphia to Washington, he said: 1T
was most fitting that the coming of the
tribunal to take its place here an inde
pendent, coordinate department of the
government Of a great people should be
accompanied by the rising of this majestic
luminary in the armament of jurisprudence,
to shine henceforth fixed and resplendent
forever"
The Task Before Marshall.
He referred briefly to the judicial 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 eleven years after its or
gan1zat1on during which Jay and Rutledge
and Ellsworth-giants in those days-pre-
sided over Its deliberations. had dealt with
such of the government problems as arose
in manner worthy of its high mission;
but it was not until the questions that
emerged from the exciting struggle Of 1900
brought into play. that the scope Of the
judicial power was developed and declared,
and its significant effect upon the fu-
ture OF the country recognized
AS the Constitution was a written IN
strument, complete in itself, and containing
an enumeration of the powers granted NV
the people to their governments govern
ment supreme to the full extent of those
poWerS-tt was inevitable that the fss,1es IN
mat contest Gas indeed in SO many others)
should involve constitutional interpretation
and that finally the judicial department
should be called on to exercise its juris-
dlct1on in the enforcement of the reG,Iir-
ments of the fundamental law
Essential Principles of Government.
The President, who took the oath Of of.
nee administered by the chief Justice
March 4, 1901, in his inaugural included
among the essential principles of our gov
ernment the support Of the state govern
ments in all their rights, as the most com,
petent administrations for our domestic
concerns, and the surest bulwarks against
anti-republican tendencies; and the pres-
ervat1on of the general government In it's
whole constitutional vigor, as the sheet an
cnor OF our peace at home and safety
abroad; but 1t was reserved for the chief
Justice, as the organ of the court. to de-
fine the powers and rights Of each in the
exercise OF jurisdiction which he regard
ed as indispensable to the preservation Of
the Union, and consequently Of the inde-
pendence and liberty Of these states
THE people, in establishing their future
government, had assigned to the different
departments their respective powers, and
prescribed certain limits not to be tram
scended, and that those limits might not
be mistaken or dsregarded, the funda-
mental law was written. And as the chief
Justice observed, to what purpose are pow
ers limited. and to what purpose is that
limitation committed to writing, If these
limits may at any time, be passed by those
intended to be restrained? -
The Intention of the Constitution.
He quoted Chief Justice Marshalrs IA
nous utterances to the effect that the Con-
stitution must be interpreted by its inten.
tion and said of his words, in that con-
nection: 'These were apparently plain legal
rules of construction, yet in their appli-
. cation is to be found the basis Of the ma
tional fabric; the seed of the national
growth; the vindication of written form
of government; and, simple as they now ap-
pear to be, their successful appiica ation then
required the highest judicial qualities
Chief Justice Fuller went on to say
that the powers and duties of the various
branches Of the government had not been
well defined, and that there was immense
antagonism between them, which 1t was
necessary for the Supreme Court to recon-
cile. Speaking Of Marshalrs part In this
service. he said impressively: "To hold the
balance trne between these jarring poles.
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