CORRECTION OF ERROR IN VOLUME 179. On page 649, lines two and three from the bottom should read: "Mr. William B. Putney and Mr. Henry B. Twombly for the Haddens." (642) APPENDIX. CENTENNIAL OF CHIEF JUSTICE MARSHALL'S In his message to Congress, at the beginning of the second session of the Fifty-Sixth Congress, President McKinley said: "I transmit to the Congress a resolution adopted at a recent meeting of the American Bar Association concerning the proposed celebration of John Marshall Day, February 4, 1901. Fitting exercises have been arranged, and it is earnestly desired by the committee that the Congress may participate in this movement to honor the memory of the great jurist." Congress followed this suggestion by passing the following Concurrent Resolution: Whereas the 4th day of February, A. D. 1901, will be generally celebrated throughout the United States as the one hundredth anniversary of the assumption by John Marshall of the office of Chief Justice of the United States; and Whereas it is proposed that Congress shall observe the day by exercises over which the Chief Justice of the United States shall preside, and at which the President shall be present; and Whereas a memorial praying that Congress shall so take part in honoring the memory of this great Chief Justice has been transmitted to the Congress by the President in his last annual message: Therefore Resolved by the Senate (the House of Representatives concurring), That Congress will observe the 4th day of February next, being the one hundredth anniversary of the day when John Marshall became the Chief Justice of the Supreme Court of the United States, by exercises to be held in honor of his memory; and for that purpose a Joint Committee be appointed by the President of the Senate and the Speaker of the House THE MARSHALL CENTENNIAL. respectively to arrange said exercises, and the time and place therefor, to be participated in by the President, the Supreme Court, the Congress, and such officers of this Government and foreign governments, such members of the judiciary and of the bar, and such distinguished citizens as may be invited thereto by such committee. "SEC. 2. That the exercises herein provided for shall be held in the Hall of the House of Representatives on said 4th day of February next, beginning at 10 o'clock A. M. and ending at 1 o'clock P. M. That the joint committee. herein provided for shall consist of five members, two to be appointed by the President pro tempore of the Senate and three by the Speaker of the House of Representatives." Chief Justice Marshall, as stated in this Joint Resolution, took his seat upon the bench as Chief Justice on the 4th day of February, 1801. In accordance with the suggestion made in the Resolution, this important event was noticed or celebrated in various parts of the country on the 4th day of February, 1901. The Reporter feels that the members of the Bar may well expect him in this volume to notice such proceedings as were participated in by a member or members of the Supreme Court of the United States. They were three in number: one held in Washington, in the Hall of the House of Representatives; one held in Richmond, Virginia; and one held at Parkersburg, West Virginia. THE MARSHALL CENTENNIAL. I. PROCEEDINGS IN WASHINGTON. These proceedings were had in the Hall of the House of Representatives. The Chief Justice of the United States presided, and the President, his Cabinet, and other members of the Court and of the Senate and the House of Representatives were present. In opening the proceedings the Chief Justice made remarks which will be found below. He was followed by an address by Wayne McVeagh, Esq., delivered upon the invitation of the American Bar Association and of a Joint Committee of Congress. This address also will be found below. REMARKS OF CHIEF JUSTICE FULLER. The August Term of the year of our Lord eighteen hundred of the Supreme Court of the United States had adjourned at Philadelphia on the fifteenth day of August, and the ensuing term was fixed by law to commence on the first Monday of February, eighteen hundred and one, the seat of the government in the mean time having been transferred to Washington. For want of a quorum, however, it was not until Wednesday, February fourth, when John Marshall, who had been nominated Chief Justice of the United States on January twentieth by President Adams, and commissioned January thirty-first, took his seat upon the Bench, that the first session of the court in this city began. It was most fitting that the coming of the tribunal to take its place here as an independent, coördinate department of the government of a great people, should be accompanied by the rising of this majestic luminary in the firmament of jurisprudence, to shine henceforth fixed and resplendent forever. The growth of the Nation during the passing of a hundred years has been celebrated quite as much perhaps in felicitation over results as in critical analysis of underlying causes, but this day is dedicated to the commemoration of the immortal contri THE MARSHall Centennial. butions to the possibilities of that progress, rendered by the consummate intellectual ability of a single individual exerted in the conscientious discharge of the duties of merely judicial station. And while it is essential to the completeness of any picture of Marshall's career that every part of his life should be taken into view, it is to his labors in exposition of the Constitution that the mind irresistibly reverts in recognition of “the debt immense of endless gratitude" owed to him by his country. The court in the eleven years after its organization, during which Jay and Rutledge and Ellsworth-giants in those dayspresided over its deliberations, had dealt with such of the governmental problems as arose, in a manner worthy of its high mission; but it was not until the questions that emerged from the exciting struggle of 1800 brought it into play, that the scope of the judicial power was developed and declared, and its significant effect upon the future of the country recognized. As the Constitution was a written instrument, complete in itself, and containing an enumeration of the powers granted by the people to their Government—a Government supreme to the full extent of those powers-it was inevitable that the issues in that contest (as indeed in so many others) should involve constitutional interpretation, and that finally the judicial department should be called on to exercise its jurisdiction in the enforcement of the requirements of the fundamental law. The President who took the oath of office administered by the Chief Justice, March 4, 1801, in his Inaugural included among the essential principles of our Government "the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against anti-Republican tendencies;" and "the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad;" but it was reserved for the Chief Justice, as the organ of the Court, to define the powers and rights of each, in the exercise of a jurisdiction, which he regarded as "indispensable to the preservation of the Union, and consequently of the independence and liberty of these States." |