The Portland daily press., 1901-02-19
MARSHALL AND THE CON.
STITUTION.
Judge Putnam's Estimate of the
Great Chief Justice.
The Landmarks OF Today are Those He
Fixed.

(Judge w. l.. Putnams oration before
the State Bar association at Augusta.)
MIR. President, and gen tlemen of the
Maine Stats Bar Association:
Forty live years ago this winter, through
some singular Condolences, it became
necessary for me, although not twenty
one years Of age, to call to order ghe
House Of Representatives or this stats,
and to preside over 1t until 1t completed
a Temporary organization In the absence
OF the speaker and the clerk. The whole
scene is photographed on my men ory
with the same distinctness as though 1t
occurred but yesterday. The chaplain
who offered prayer became the reverend
bishop OF the diocese of Michigan. BY
some happening, the two gentlemen who
reported for tbs Iooal papers at Augusta
for both the Senate and the House, sat,
at that time, one at my right and one at
my left, at the miniature desks then re-
served for such uses One became the
candidate OF a great party for the preEi-
dency, and the other the Chief Justice of
the United States. Thesa, except the
Chief Justice, and, also, the then govern
CT Of the state, fearless and able, the dis
tinguished president of the senate,
afterwards more distinguished as Sena-
tor and Secretary OF this Treasury, the
honored Speaker Of the House, and long
array Of the many eminent gentlemen
who held seats in the two branches OF
that unrivalled legislature, have passed
to their reward, and the generations OF
inen have hean re-oreatsd; yet the same
hills surround US, the same blue sky Is
over our heads, and the same flag waves
from the dome Of this capitol Thus we
have. in microcosm, the greater series of
events the beginning OF which we ara
honoring todaT, Through all the muta-
ttons which have occurred In the affairs
OF our nation. with all the upheavaIs
which have shaken and re-oreatsd Europe,
he great principles OF constitutional law
enunoiated by John Marshall nearly a
century ago ren ain as immutRhle as the
sntal rules of right and justine.
Marshall was born In 1850 He was
at the domestic hearth until be
entered the Revolutionary army, where
he rendered good service; and, afterwars,
indeed, while 10 the army ne
laid at Richmond, the foundations Of
his legal knowledge, he held many
political Offices. lie took part in the Vir-
ginia Constitutional Convention. AS
member OF Congress he offered the
famous resolutions OF Gen. Lee: WASH
ingtdn, first in peace, first In war and
first in the hearts of his countrymen.
John Adams made him Secretary of
state, ana afterwards, ON January 81,
1901. commissioned him as Chief Justice
of the United States. His French envoy
ship mark ed the critical stage in that
violent political randing apart which pre-
ceded the administration OF Jefferson. As
as was John Adams in many
sections, the Insults TaIleyrand heaped
on our ENJOYS stirred a universal senti-
ment OF patriotism, which, for the time
being, swept away Jetfersonianism, gave
birth to Hail Columbia" ana received
on his return from Paris with
loud acclaim. All this, however, was
soon succeeded by the Kentucky resolu- |
lions, devised by Jefferson, than which |
nothing could have been more hostile TO |
5he deeply seated sentiments of Washing |
ion. who, In l7ys, had no more political |
hold on Virginia than Grover Cleveland |
was, of late, supposed to have had on the |
ltate OF Nebraska. 1t was when the wave |
N hioh had nrated the administration OF |
Adams had receded that Marshall was |
made Chief JuEtice, In open defiance of |
Jetfeson and his supporters, and subJeot |
% their: bitter and determined hostility. |
Lt was, however, the issues OF the Jeffer- |
Ionian political struggle which made him |
The most trustworthy, as we'll as the |
most objective oharacterizations of Mar
shall are the contemporary pictures
irswn by Joseph Story, In letter from
" Nashington in 1908 Judge Story de-
.crined his physical traits wildly:
''Marshall Is OF tall, slender figure,
Tot graceful nor imposing, but erect and
teady. His hair is black, his eyes small
md twinkling, his forehead rather low,
)ut his features are In general harmoni-
'us. His manners are plain,yet dlgniied,
md an unaffected modesty diffusss itself
through all his actions. His dress Ia very
impie, yet neat; his language ohaste, but
lardly eleganti it does not tow rapidly,
mt IL seldom wants precision. In con-
TerEation he is quite familiar, but is oc-
EN- barrassed by hesitanoy
md drawling His thoughts are always
lear and ingenious. sometimes striking, |
nd not often inconolusive; he DC ssssEes n
,reat subtilty Of mind. but 1t is only oc-
exhibited. love his laugh--it
8 too hearty for an intriguer-and his
GOD temper ana unwearied patience are
Qually agreeable on the bench and In the
tudy. His genius is, in my opinion, vi