The daily morning journal and courier., 1901-02-05

and the flfSt volume oL ROot In Con necticut, and three volumes of Dallas in Pennsylvania, none of which was published by authority of law. Te
 those of us who believe in a superin-
 tending Providence it may be consider
 ed providential that John Marshall, at
 this crisis, was placed at the head of
 the court.
 It was obvious that a mere written
 constitution, without some absolute au-
 thority to interpret 1t and decide what
 it's meaning really was In relation to
 many intricate and embarrassing ques-
 tions, and to enforce its decisions, would
 be useless, and therefore some such au- thority must be provided. The most
 unique and remarkable feature in this
 instrument Is the provision that the sd- preme court should be tribunal which should decide all questions arising un-
 der it, finally and absolutely, so as to bind both the states themselves and the United States; and have it's decisions enforced, if necessary, by the whole power of the government. It was, be- lieve, the first instance of such tribu- nal In all the history of civilized insti- tutions.
 It would take volume to give even a brief account of all of MarshalPs opinions relating to the constitution, and I shall not attempt to do so. Even a complete summary of the principal questions decided would be beyond my limits. During the thirty-flVe years that he filled the position of chief jus tice almost every important question what could arise upo n the construc- tlon of the constitution was not only decided, but the decisions were based upon such sound reasoning that they have never been attacked. Some of the most important of these questions may be referred to. Among them were the power to regulate commerce between the states. and the power of the states over foreign commerce; how far the prohibition to the states of emitting bills of credit extended; the nature and obligation of contracts, and how far the states might affect them; the power in the state to tax creations of the federal government; the power of the states over federal officers; the power of the supreme court to revise the laws of the states, or the judgment of the state courts; and very many others
 In all of these 1t must be remembered that then there were no precedents no rules of decision to follow.
 Judge Baldwin, as president of the International Law association, was asked to speak particularly about John MarshalPs place in International law. Tn introducing him Governor Mclean said Judge Baldwin was the John Mar shall of Connecticut. This remark re- ceived great applause from all present Judge Baldwin said in brief
 John Marshall was great constitu tional lawyer and did so much to put our constitutional law on a solid foun- dation that we almost forget in this country how much he did to promote the advance of international law. He | attended the first scientific course of l law given in America, namely that | taught by Chancellor Wighte, in Will | liam and Mary college in Virginia. | Chancellor Wighte filled there the chair ! of the law of nations and municipal | law, established during the revolution under the advice of Thomas Jefferson. then governor of Virginia. Marshall | WdS III Il1t lIiSl CidSS Ol Llldl COulSt. Universities therefore have special req son to celebrate this day, as he was one of the first university law class or ganized in America.
 "The revolution opened large prob lems in international law and Marshall had full opportunity while soldier in the Continental army to meet with the French allies and to get larger notion of the law of the world than he other wise might, Thus he came into Wighte's class in 1779 well fitted for the work he 
 The number of decisions which Mar shall rendered in the international law largely outnumbers those which he on constitutional law. His reputation in the world at large as a great jurist is largely founded upon these. One of them has been said by he highest court in England to be the first source to which everybody goes to earn the rights of sovereign as to of his coming under the juris- fiction temporarily of foreign sover- ,ign. 'The Yale law school may point to { Marshall as a proof that it's policy has { lot been unwise fin refusing to lay down he rules established in several of her lister law schools that only college graduates can be admitted Marshall { vas not a college graduate, but he brought to his profession a mind well disciplined in the school of life and a lative faculty that the college can nev- r give though 1t may improve"
 f At the conclusion of Judge Baldwin's ddress Judge Nathaniel Shipman, of { he United States circuit court, was Z aled upon and he spoke briefly on the roIderful character and life of John and also of some of his most < cases during the years of he great lawyer. He said that his case f Aaron Burr has never been equalled < nd seldom approached, Judge Ship < nan spoke of the grand simplicity of ohm Marshall in every thing that he i'd, and despite his great attachments e never was puffed up or "swelled eaded.'' He had great kindness of cart and the affection for those de- ended upon him was unbounded. the $ oeaker said. The address of Judge hipman, though shorter than the pre- . eding ones, was thoroughly enjoyed g nd was heartily applauded 6 At the conclusion of the address those G resent were invited to inspect the H eautiful new building, Hendrie hall. q early ayaryhodv ipoJ H