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 •Next to Washinston he stands the idol of all good men." 
 
 IiStter of Joseph Story to Bichard Peters, 
 October 29, 1831. 
 
 "John Marshall Day." 
 
u 
 
 OHN Marshall Day," 
 
 SERIES OF LETTERS AND ENDORSEMENTS IN ANSWER TO 
 CIRCULAR ADVOCATING THE CELEBRATION 
 OF "JOHN MARSHALL DAY," 
 FEBRUARY 4, 1901. 
 
 Presented to the American Bar Association for its Consideration 
 
 BY 
 
 ADOLPH MOSES, 
 
 OF THE CHICAGO BAR. 
 
 1899. 
 
o- 
 
 J- 
 
 ^^ 
 
V 
 
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 4 4 ^H^ARSHALL'S judgments upon the national Constitution are among 
 
 4.II*/ jjjg most original and massive works of the human reason. They are 
 
 almost as important as the texts of the Constitution which they expound. Some 
 
 of them were, indeed, criticised at the time; but they have immovably established 
 
 themselves as right in the general judgment of lawyers, public men, and the 
 
 people. * * * They have become primal lights, shining with the steadfast 
 
 fidelity of the North Star or the Southern Cross, for the guidance of the 
 
 inquirer after American constitutional law. 
 
 "For nearly fifty years after his death the nation failed to show in any 
 
 overt manner an adequate appreciation of the simplicity, worth and dignity of 
 
 his character, and of his unequalled judicial fitness and qualities; at all events, 
 
 it failed to display any [)ublic memorial of gratitude for those labors which not 
 
 only BO greatly contributed to make the Supreme Bench illustrious, but which 
 
 enabled the country to attain unto its present stature without a strain upon the 
 
 Constitution. The bar and the nation have, though tardily, shown themselves 
 
 worthy of the inheritance of such a name and of such labors, by erecting a 
 
 statute to his memory, executed by the gifted son of his loved and eminent 
 
 ass(5ciate, to the end that the chief executive, the legislator, the suitor, the 
 
 lawver. the judge, and the citizen, may in all coming time, as they go to or 
 
 return from the Capital, be reminded of the thoughtful though severely plain 
 
 features, the calm majesty, the placid courage, the lofty character, the inestimable 
 
 public services of him whose uncontested and unenvied title is that of the Great 
 
 Ciiief-Justice." 
 
 Judge John F. Dillon, 
 in ^'The Laws and Jurisprudence of England 
 and America,'' a Series of lectures dcliven'd 
 before Yale University, 1891-1892. 
 
4 ^*ff\TS genius, his leanuiig, ami his virtues have conferred an imperishable 
 
 "*' gloi'V on his country, whose liberties he fought to secure, and whose 
 
 institutions he labored to perpetuate. He was a patriot and a statesman of 
 
 spotless integrity and consummato wisdom. The science of jurisprudence will 
 
 forever acknowledge him as one of its greatest benefactors. The Constitution of 
 
 the United States owes as much to him as to any single mind, for the foundations 
 
 iin which it rests and the expositions by which it is t(.) be maintained; but above 
 
 all he was the ornament of human nature itself, in the beautiful illustrations 
 
 which his life constantly ])resented of its most attractive graces and most elevated 
 
 attributes." 
 
 Associate Justice Story, in Reply to 
 Resolutions of Respect by the Supreme 
 Court Bar at Washington, Presented 
 to the Court by Henry Clay, Jan- 
 uary VJ, 1836. 
 
MOHN MARSHALL DAY.' 
 
 FEBRUARY 4, 1901, 
 
 THE FOLLOWING CIRCULAR WAS FORWARDED TO THE 
 
 MEMBERS OF THE AMERICAN BAR ASSOCIATION AND 
 
 TO MANY MEMBERS OF THE BENCH AND BAR. 
 
 "JOHN MARSHALL, DAY," 
 
 February 4, 1901. 
 
 Proposition fo^rmulated and submitted by 
 
 Mr. Adolph Moses of the Chicago Bar 
 
 and adopted by the Illinois State 
 
 Bar Association, July 7, 1899. 
 
 On February i. 1801, John Marshall took 
 his seat in the Supreme Court of the United 
 States as the third Chief Justice, on a com- 
 mission signed by President John Adams, 
 dated January 31st, 1801. He sat in the 
 Court thirty-four years. 
 
 The 4th of February, 1901, will fall on 
 Monday, and I propose, as a member of the 
 bar, that the legal profession of the United 
 States celebrate Monday, February 4th, 1901, 
 as "John Marshall Day," in order to com- 
 memorate the great event which gave to the 
 people of the United States the powerful 
 mind of Marshall and harmony and strength 
 to the great instrument, the Constitutioa of 
 the United States. 
 
 This will likely be the first centennial day 
 in the 20th century, and if the suggestion 
 shall be adopted, the occasion will be the 
 peacefully determined expression of the 
 bench and bar of the United States, that 
 constitutional government shall remain with 
 us in its full unimpaired strength, in the 20th 
 century and through the centuries to come. 
 
 The celebration of this day by the bench 
 and bar of the United States will bring to- 
 gether the greatest assemblage of lawyers 
 and judges which the world has ever wit- 
 nessed and the dedication of the day will 
 mark an event, unexampled in the history of 
 English-speaking lawyers and judges. 
 
 It is proposed that the judicial depart- 
 ment of the governments, both State and 
 National, shall be the principal actor in 
 this national celebration, and it is also sug- 
 gested that the executive and legislative 
 branches of the government shall partici- 
 pate. 
 
 John Marshall, for a brief time, was Secre- 
 tary of State under President Adams and 
 was one of the envoys sent to France. He 
 was also a member of Congress. Hence it is 
 most fitting that the executive as well as the 
 legislative branches of the government shall 
 participate. 
 
 It is proposed that an exalted meeting 
 take place in the Supreme Court Rooms 
 of the United States at Washington, to which 
 the President, the Vice-PresideoQt, the Speak- 
 er of the House, the members of the cabinet 
 and other dignitaries shall be invited, on 
 which occasion, by direction of the Chief 
 Justice, the judicial life and character ot 
 Chief Justice Marshall shall be the principal 
 theme of the orator. 
 
 It is further proposed that a like celebra- 
 tion take place in the joint houses of Con- 
 gress. 
 
 It is further proposed that on said day 
 of celebration, every court house In the 
 United States shall be closed to secular busi- 
 ness and that suitable ceremonies take place 
 commemorative of the great national event. 
 
 The law schools in the United States, the 
 universities and faculties of professors 
 may also consider this day as their own so 
 that constitutional knowledge and better- 
 ment of republican government may be ad- 
 vanced. 
 
 It is also proposed that on that day mem- 
 bers of the bar shall be designated by boards 
 of education to address the scholars of the 
 public schools for the purpose of making 
 the name of John Marshall a household world 
 in the land. 
 
 In this manner the orators of the day will 
 emphasize the great influence which Chief 
 Justice Marshall has exercised upon the 
 people and government of the United States, 
 and the event must necessarily bring great 
 and lasting results in its train. 
 
 The powerful aid of the secular and legal 
 press towards this movement will not be 
 undervalued. 
 
'JOHN MARSHALL DAY/' 
 
 In order to give effect to this idea, it is 
 proposed to present a suitable memorial to 
 the American Bar Association at its next 
 August Session at Buffalo, accompanied with 
 proper resolutions to the effect that the 
 American Bar Association appoint a special 
 committee representing all the States and 
 Territories, to take charge of this subject 
 and work out a plan of celebration for sub- 
 mission to the organized body of the bench 
 and bar and other public bodies in the Unit- 
 ed States. 
 
 It is also proposed that such committee 
 appoint an editor or a number of editors to 
 prepare a commemorative volume which, 
 besides biographical data of the Chief Jus- 
 tice, will largely deal with his constitutional 
 opinions, in order that their influence may 
 be widened throughout the non-professional 
 world. 
 
 It is proposed to interest in this matter 
 eminent judges, statesmen and lawyers who 
 
 may be induced to endorse the idea, herein 
 suggested, before it is finally submitted for 
 action to the American Bar Association. 
 
 These are merely the outlines of the 
 thought which has lately come to me and 
 which may be extended in all reasonable di- 
 rections. The proposition is in my judgment 
 a feasible one and will be a profound appeal 
 to the intelligence and patriotism of the 
 bench and bar of the United States, to whom 
 these outlines are respectfully submitted by 
 an ardent admirer of Chief Justice Marshall 
 and the far-reaching work which he did for 
 the people of the United States. 
 
 (On motion of General John C. Black, of the 
 Chicago Kar, the above proposition was unanimously 
 adopted by the Illinois State Bar Association with in- 
 structions to its delegates to the American Bar Associa- 
 tion to present it at its next session in Buffalo, N, Y., 
 August 28, 29, and^30, 1899,) 
 
 THE FOLLOWING RESPONSES ARE HEREWITH PRESENTED 
 
 FOR THE CONSIDERATION OF THE 
 
 AMERICAN BAR ASSOCIATION. 
 
 (From Hon. Joseph H. Choate, Ambassador 
 to England.) 
 
 London, August 3, 1S99. 
 
 Your most interesting letter of July 13th 
 in regard to a proposed celebration of John 
 Marshall's memory in 1901, and asking me 
 to speak for the American Bar Association 
 in regard to it. was duly received. It is true 
 that I am still the nominal President of that 
 association. But at this distance I do not 
 feel justified in speaking and am unwilling to 
 pass an opinion upon the feasibility of your 
 scheme for the celebration of the memory 
 of that great jurist, which ought never to be 
 allowed to grow dim. 
 
 It seems to me that it you desire to enlist 
 the sympathy and support of the American 
 Bar Association, you should attend its an- 
 nual meeting and present it there. 
 Yours most truly, 
 
 JOSEPH H. CHOATE. 
 
 (From C. P. Manderson. Vice-President Am. 
 Bar Ass'n.) 
 I have your favor of the 12th inst. and 
 note with interest and pleasure the action 
 of the Illinois Bar Association on the prop- 
 osition tor the celebration of "John Mar- 
 shall Day." I find myself fully in accord 
 with your views upon this subject, and I 
 thank you for calling my attention to it. The 
 
 unveiling of the statue of John Marshall 
 some years ago at the National Capitol was 
 an occasion of great interest and the wonder 
 to me is that the idea of celebrating a day, 
 that should be devoted, not only to the mem- 
 ory of this great jurist, but to inculcate re- 
 spect for law and due consideration for the 
 Courts, has not occurred to some one long 
 ago. I certainly will make some reference to 
 this movement in my address to the Ameri- 
 can Bar Association in August and promise 
 myself the pleasure of meeting you at that 
 time. CHARLES F. MANDERSON. 
 
 (From Charles Claflin Allen, Member of Ex- 
 ecutive Committee of Amer. Bar Ass'n, 
 
 St. Louis.) 
 Your letter of the 15th inst. is received. 
 Your idea of having some celebration by the 
 bench and bar of "John Marshall Day" is 
 an excellent suggestion. 
 
 CHAS. CLAFLIN ALLEN. 
 
 * * * 
 
 (From Francis Rawle, Treasurer of the Am. 
 Bar Ass'n.) 
 I heartily approve of your proposal to cel- 
 ebrate in a conspicuous manner the one hun- 
 dredth anniversary of the day upon which 
 Chief Justice Marshall took his seat on the 
 Supreme Bench of the United States. I be- 
 
'JOHN MAESHALL DAY." 
 
 9 
 
 lieve this a duty which we owe to him for 
 his great services to the country; and we 
 •owe it to ourselves to express our gratitude 
 for all that he did for us. I am, etc., 
 
 FRANCIS RAWLE. 
 
 (From Hon. W. W. Howe.) 
 Yours of the 15th has just reached me in 
 New York. I beg to reply that I feel much 
 interested in the proposition to have a "John 
 Marshall Day," and will take pleasure in 
 discussing the subject at Buffalo. 
 
 W. W. HOWE. 
 
 (From Attorney General John W. Griggs.) 
 I am in receipt of your letter relative to the 
 proposed celebration of the centennial of the 
 advent of Chief Justice Marshall to the Su- 
 preme Court bench, on February 4, 1901. . 
 
 While I think this event is one which can 
 properly be commemorated and celebrated, 
 yet I doubt very much whether it is possible 
 to make Marshall the subject of popular 
 worship in the manner that is customary for 
 military heroes and popular statesmen. It 
 seems to me that it would be better to con- 
 fine the project to the Bench and Bar, whose 
 appreciation of the subject would be appro- 
 priate and thorough, rather than to attempt 
 to extend it to people who do not under- 
 stand, and who never will understand except 
 in a general way, the value of his services. 
 JOHN W. GRIGGS. 
 
 (From Hon. John Hay, Secretary of State, 
 Washington.) 
 I have received your letter of the 31st of 
 July. I regret that my many occupations 
 here will prevent my being of any assistance 
 to you in your plan of celebrating the cen- 
 tennial of John Marshall's appointment to 
 the Supreme Bench. But I take pleasure in 
 expressing to you my hearty sympathy with 
 this, and every effort, to keep green in the 
 public memory the career of the greatest of 
 all American jurists. That such a man, su- 
 perlatively great, both in character and in 
 abilities, should have arisen precisely at the 
 time when he was most needed, and should 
 have come to the place where, of all others. 
 he could be of most use to his own and all 
 succeeding ages, affords the strongest proof 
 of the providential care that watches over 
 this nation. JOHN HAY. 
 
 (From Adlai E. Stevenson, Ex Vice-Pres. of 
 U. S.) 
 Bloomington, Illinois. 
 Your letter comes duly to hand. I endorse 
 most earnestly the action taken by the Illi- 
 nois Bar Association looking to the celebra- 
 
 tion by the legal profession throughout the 
 United States, of February 4th, 1901. 
 
 The profession will honor itself by honor- 
 ing the memory of the Great Chief Justice. 
 It will indeed be well, on the very threshold 
 of the 20th century, to celebrate in the man- 
 ner you have indicated, the centennial of the 
 induction of John Marshall into his great 
 office. ' . 'I 
 
 You deserve the thanks of the profession 
 for having inaugurated so timely a move- 
 ment. ADLAI E. STEVENSON. 
 
 (From Justice Brewer, U. S. Supreme Court, 
 addressed to Hon. C. F. Manderson.) 
 Elysee Palace Hotel, 
 
 Avenue Des Champs Elysees, 
 
 Paris, July 29th, 1S99. 
 A letter from Chicago compels this line. — ■ 
 I endorse fully the "John Marshall Day." 
 Many words would add nothing to thi.s. 
 
 DAVID J. BREWER. 
 
 (P''rom Hon. H. B. Brown, Associate Justice 
 
 of the Supreme Court of the United 
 
 States, Washington.) 
 
 In reply to your letter of the 10th inst. I 
 would say that I think your proposition for 
 the commemoration of the hundredth anni- 
 versary of Chief Justice Marshall's elevation 
 to the Supreme Bench is a most befitting 
 one. 
 
 His services to the country during the 
 formative period of our government, though 
 well understood by the legal profession have 
 never been appreciated at their full value by 
 the great mass of the people, and it is emi- 
 nently proper that this occasion should be 
 seized upon to call their attention to the fact 
 that we probably owe to him the preserva- 
 tion of the Union during the first half of the 
 present century, when doctrines now thor- 
 oughly exploded threatened a dissolution. 
 H. B. BROWN. 
 
 (From the Lord Chancellor of England, to 
 Hon. C. F. Manderson.) 
 4 Ennismore Gardens, S. W., 10-8-99. 
 Dear Sir: 
 
 I very readily comply with your request to 
 write a letter approving the celebration on 
 February 4th, 1901. of the centennial anni- 
 versary of the day when John Marshall, 
 third Chief Justice of the United States, took 
 his seat at Washington. It would be impos- 
 sible within the limits of an ordinary let- 
 ter to deal adequately with his history as a 
 statesman and advocate, but I will borrow 
 a phrase from one of your countrymen in 
 speaking of him when he said: "It is princi- 
 pally on his character as a magistrate pre- 
 siding over the highest tribunal of the na- 
 tion that his fame must rest and there let 
 
10 
 
 'JOHN MARSHALL DAY." 
 
 It rest, for the foundations are deep and 
 strong and the superstructure fitted for Im- 
 mortality." 
 
 It is true to say that he had studied dili- 
 gently our English jurisprudence and no 
 English lawyer would willingly admit that 
 he had not studied Chief Justice Marshall's 
 judgments, and arguments when at the bar. 
 Imperfect as are the reports of these latter, 
 and specially in the great case of Ware v. 
 Hylton, they sufficiently disclose what a 
 keen and accurate intellect, what a power- 
 ful and lucid style distinguished your great 
 Chief .Justice. 
 
 During the fourteen years that I have oc- 
 cupied the position of a jvidge and during 
 the six years during which I was a law offi- 
 cer for the Crown. I have had frequent oc- 
 casion to have recourse to his recorded wis- 
 dom and not infrequently to be guided by 
 principles laid down by him. 
 
 Believe me, 
 Dear Sir, 
 
 Very truly jours. 
 
 HALSBURY. 
 Lord Chancellor of England. 
 
 It seems to me in every respect a most 
 praiseworthy undertaking; one which the 
 bench and bar of the United States will join 
 in making a success. 
 
 I need hardly dwell on the claims of John 
 Marshall, whether as soldier, statesman or 
 Judge. History has done that most fully. 
 But while such a tribute as that which you 
 propose can do comparatively little for his 
 memory, it can hardly fail to subserve a 
 high and permanent use in placing before 
 those who have given themselves to legal 
 studies in our country, one of the highest 
 and noblest ideals which could be presented 
 to them. 
 
 It was with this very purpose of present- 
 ing him as an inspiring personage to young 
 men engaged in the study of the law. that I 
 some time since placed a copy of his portrait 
 painted for the Philadelphia Bar, in com- 
 pany with several others of the most distin- 
 guished lawyers who have rendered great 
 services to mankind, in the Law Library of 
 Cornell University. 
 
 From this you will see that I appreciate 
 and honor this work in which you are now 
 engaged. AND, D. WHITE. 
 
 (From Lord Russell, Chief Justice of Eng- 
 land, addressed to Hon. C. F. Manderson.) 
 
 Hotel Campbell, 45, 47 Avenue Friedland, 
 Paris, 2Sth July, 1S99. 
 
 The enclosures, which reach me from 
 Chicago, will explain how I come to address 
 you. In answer, I desire to say that I shall 
 be glad to join in paying honor to your great 
 Chief Justice Marshall on 4th February, 1901 
 (should I be alive and well), or on any other 
 day. RUSSELL OF KILLOWEN. 
 
 (From Frederick Pollock, Editor, Quarterly 
 Law Review. ) 
 London, Eng.. Lincoln's Inn. 
 No English-speaking lawyer who has paid 
 any attention to the Constitution of the 
 United States or the jurisprudence of its Su- 
 preme Court can doubt the propriety of cele- 
 brating John Marshall's memory. But I 
 think it would be presumptuous for an Eng- 
 lish lawyer to commit himself to any opin- 
 ion about the best mode of doing so. and I 
 must respectfully request to be taken as ex- 
 pressing none besides a general confidence 
 that the judgment of the American Bar As- 
 sociation will be worthy of the dignity of 
 the subject and the profession. ^ 
 
 FREDERICK POLLOCK. 
 
 (From Andrew D. White, U. S. Ambassador 
 to Germany.) 
 
 Homburg v d Hoehe. 
 Referring to your letter of July 13th, I am 
 greatly interested to hear of your proposal 
 for the celebration of "John Marshall Day." 
 
 (From W. L. Wilson, Ex-Sec'y of Interior.) 
 Lexington, Va. 
 
 I am in receipt of your letter enclosing 
 propositions submitted by you to the Illi- 
 nois Bar Association, and adopted by that 
 association, advocating the celebration of 
 "John Marshall Day" February 4th. 1901. I 
 am sure this suggestion will meet a favor- 
 able reception from the Bar of the United 
 States, and from none more warmly than 
 from the Bar of Virginia; and not from the 
 Bar alone, but from all intelligent citizens 
 who understand the value of the immense 
 contribution which John Marshall made to 
 the establishment of constitutional liberty in 
 this country. 
 
 It is my present expectation to attend the 
 meeting of the American Bar Association^ 
 and if present. I shall help to secure its fa- 
 vorable action upon this proposal. 
 
 W. L. WILSON. 
 
 (From Senator Lindsay of Kentucky.) 
 Your letter, with the enclosed circular, has. 
 been received. My admiration for the learn- 
 ing and ability of Chief Justice Marshall is 
 equal to that of any one, and I shall be glad 
 to see his memory honored as you propose 
 to honor it. The character of the address 
 I shall deliver to the American Bar Associa- 
 tion precludes me from complying with your 
 request, by alluding in it to the subject-mat- 
 ter of your communication. Under different 
 circumstances, it would afford me great 
 pleasure to contribute in any way to honor- 
 ing the memory of the great Chief Justice. 
 WILLIAM LINDSAY. 
 
•JOHN MARHALL DAY.' 
 
 11 
 
 (From Senator CuUoni. of Illinois.) 
 Your favor of the 19th inst. has been re- 
 ceived and noted. I regard your suggestion 
 of a proper observance of the One Hundredth 
 Anniversary of the day on which John Mar- 
 shall became Chief Justice of the United 
 States, as eminently fitting. He was the 
 greatest judicial expounder of the United 
 States constitution and. in my belief, such a 
 celebration as you indicate would not only 
 'be a merited recognition of his great services 
 to his country, but would in these times be a 
 great service in calling attention to the im- 
 portance of adhering closely to the constitu- 
 tion, the bulwark of our liberties. 
 
 S. M. CULLOM. 
 
 (From William Wirt Henry.) 
 
 Richmond. Va. 
 Sickness prevented my reply to your com- 
 munication in reference to John Marshall. 
 I shall gladly join in doing honor to his 
 memory. My admiration for him is inherited 
 from my father and also from my grand- 
 father, Patrick Henry, who was his warm 
 personal friend and who materially aided in 
 his election to Congress, where his great 
 powers caused his advancement first to the 
 Cabinet, and next to the Supreme Court, He 
 came to the Court at a critical time for the 
 Federal Government, as the theories of Jef- 
 ferson and Madison threatened to make it a 
 loose confederacy. Taking it as a con- 
 cessum, that the U. S. Constitution is su- 
 preme within its sphere, and interpreting its 
 language according to its plain meaning, he 
 demonstrated with inexorable logic its great 
 powers and directed the history of the 
 United States. With a life as pure as his 
 powers were great, he will for all time be 
 honored as "The Great Chief Justice." 
 
 WM. WIRT HENRY. 
 
 accepted by the American Bar Association, 
 and that they will be approved by the people 
 of the United States. 
 
 HENRY WADE ROGERS. 
 
 I From Hampton L. Carson. Philadelphia, 
 
 Pa.) 
 Your proposition for the celebration of 
 "John Marshall Day" is a suggestion so 
 original and striking that I am sure that it 
 will meet with the enthusiastic approval of 
 judges and lawyers everywhere. It can be 
 made the occasion for the most notable le- 
 gal Congress that the nation has ever seen, 
 and 1 hope that you will receive the hearty 
 support of the profession in every part of 
 the country. HAMPTON L. CARSON. 
 
 (From D. H. Chamberlain.) 
 
 West Brookfield, Mass. 
 
 The project of a "John Marshall Day," on 
 the centennial anniversary of his advent as 
 Chief Justice of the United States meets my 
 hearty approval. 
 
 Too much honor can never be done to his 
 name and memory. If such a "Day" shall 
 serve to call us as a nation back to our old- 
 time, or aforetime, reverence for the Consti- 
 tution, characterized with amazing ignorance 
 and effrontery in recent days as "obsolete," 
 and "not worth considering," the day will 
 be a noble tribute to Marshall. 
 
 D. H. CHAMBERLAIN. 
 
 (From U. M. Rose.) 
 
 Little Rock. Ark. 
 Your letter was duly received. It will af- 
 ford me pleasure to do anything in my power 
 to aid in the movement that you mention. 
 
 U. M. ROSE. 
 
 (From Hon. Henry Wade Rogers, President 
 Northwestern University. Evanston, 111.) 
 I endorse very heartily the idea you have 
 suggested that February 4. 1901. be ob- 
 served by the legal profession of the United 
 States as "John Marshall Day." The great 
 Chief Justice of the United States is worthy 
 of the recognition proposed. It was a most 
 fortunate thing that this man was called to 
 preside over the Supreme Court at a time 
 when that Court was to determine the char- 
 acter of the government then recently estab- 
 lished. Marshall's powerful intellect dom- 
 inated the Court. The constitutional ques- 
 tions that came before the Court during the 
 time he presided over it were of the utmost 
 importance, and were so wisely decided as to 
 command at this time the admiration and 
 gratitude of all our countrymen. 
 
 I certainly hope and believe that the sug- 
 gestions you have mad« in this matter will be 
 
 (From Robert Mather. Chicago.) 
 I take pleasure in expressing my sympa- 
 thy with your plan for the celebration of 
 "John Marshall Day," and in congratulating 
 you upon being the first to put the project 
 on foot. In view of the general recognition 
 of the great services rendered by Marshall 
 in the upbuilding of the nation, it is strange, 
 indeed, that a day has not heretofore been 
 set apart to his memory. He ought always 
 to be remembered and honored as one of the 
 founders of the Republic. To me it does not 
 seem too broad a claim to make for him that 
 the Constitution, as it is known and under- 
 stood to-day. is as much the product of his 
 labors as of those of the men who framed 
 the historic instrument. They moulded the 
 form of a nation: he breathed into that form 
 the spirit that gave the nation strength to 
 live and power to grow. His work is an 
 
12 
 
 JOHN MARSHALL DAY." 
 
 enduring part of ovir national history, and 
 it is peculiarly fitting tliat, on the centen- 
 nial of his dedication to the service of the 
 country, his great figure should be brought 
 prominently before the public. 
 
 I shall not be able to attend the coming 
 meeting of the American Bar Association, 
 but I hope and believe that your suggestion 
 will meet with the approval of that body. 
 ROBERT MATHER. 
 
 (From Roger Foster^ New York.) 
 Your suggestion for the celebration of a 
 day in honor of John Marshall, I consider 
 excellent; and I hope that the profession 
 throughout the country will unite in its sup- 
 port. R. FOSTER. 
 
 (From Spencer Clinton, Pres. of Buffalo Bar 
 Association.) 
 I have youa's of the 1.5th inst., with enclos- 
 ures relative to the proposed John Marshall 
 Memorial day. The idea is a very good one, 
 and I trust it will receive the endorsement 
 of the meeting here. The letter and papers 
 have been sent to Mr. Wilson S. Bissell, 
 Chairman of the Committee of Arrange- 
 ments, as I expect to be away when the 
 meeting is held. SPENCER CLINTON. 
 
 (From Jackson Guy, Richmond. Va.1 
 Your circular letter containing the paper 
 introduced by you on the 7th instant in the 
 Illinois State Bar Association and adopted 
 by that Association, relative to setting on 
 foot a movement to constitute on February 
 4th, 1901, a centennial celebration of the 
 elevation of John Marshall as Chief Justice 
 of the United States, has been duly received 
 and read with great interest. 
 
 I am sure that this motion made by our 
 sister State, Illinois, will meet with a cor- 
 dial second in Virginia, the home of Mar- 
 shall, where his memory is cherished as one 
 of her most honored sons. I cannot too 
 highly commend the proposition, and would 
 like to give you any assistance in any way 
 practicable towards fulfilling the undertak- 
 ing. 
 
 Our State Bar Association meets on the 
 first proximo at the Va. Hot Springs. I 
 should be delighted if you could attend, and 
 would do so, and set forth this enterprise 
 before our bar on that occasion. I am sure 
 that you would elicit great interest and its 
 co-operation. If you cannot come and would 
 like me to do so, I will take pleasure in pre- 
 senting the paper to our Association as hav- 
 ing been adopted by yours, and getting them 
 to endorse it or adopt it or do whatsoever 
 you would like in the premises. 
 
 I enclose you a copy of the program of 
 our meeting, and as the chairman of our 
 
 Executive Committee take pleasure in ex- 
 tending to you an invitation to attend our 
 session on that occasion. 
 
 JACKSON GUY. 
 
 (From a Descendant of Chief Justice Mar- 
 shall, Louisville, Ky.) 
 A friend has just sent to me your pro- 
 posal to celebrate "John Marshall Day" and 
 I most earnestly hope your plan will meet 
 with success. At my grandmother's knee I 
 was taught to love my great grandfather 
 and told of the sweetness of his character. 
 She never spoke of his greatness — as an 
 aunt said to me, "She knew I would hear 
 that from others." From my childhood days 
 I collected everything I could about him and 
 in recent years have published several arti- 
 cles from these notes in the Boston Law- 
 yers' Magazine, "The Green Bag," notably, 
 "John Marshall, as Son, Husband, Brother 
 & Friend," in December, 1896, Among my 
 most valued possessions are a lock of his 
 hair cut after his death in Philadelphia, by 
 my grandfather, his eldest son. Several of 
 his books and letters from and to him — one 
 a letter to my father written a few months 
 before his death on my father's eleventh 
 birthday. 
 
 Again wishing you success, 
 
 (Mrs.) SALLIE E. MARSHALL HARDY. 
 
 Should your idea be adopted everything I 
 have is at the service of any orator or ora- 
 tors who may be chosen to speak February 
 4, 1901. 
 
 (From another descendant of Chief Justice 
 Marshall, Louisville, Ky.) 
 In answer to the circular letter received 
 by me, which was sent out through your in- 
 strumentality, in reference to the celebra- 
 tion of the one hundredth anniversary of 
 John Marshall's elevation to the Supreme 
 Court of the United States, and his life and 
 work, I heartily endorse your idea, and sin- 
 cerely hope it will be carried out. As a 
 great-grandson of John Marshall, I wish to 
 thank you for your thoughtfulness and ex- 
 remain, 
 
 BURWELL KEITH MARSHALL. 
 
 (From Chief Justice Cassoday of the 'Wis- 
 consin Supreme Court.) 
 I cheerfully comply with the request con- 
 tained in your letter of the 10th instant to 
 give my opinion as to the propriety of cele- 
 brating the one hundredth anniversary of 
 John Marshall's accession to the office of 
 Chief Justice of the Supreme Court of the 
 I'nited States. I have so fully expressed my 
 views in respect to that eminent Federal 
 jurist, in the lecture to which you refer, 
 that you may well assume that I most 
 heartily endorse the movement; and I hope 
 
JOHN MARSHALL DAY. 
 
 13 
 
 it may prove to be aljundantly successful. 
 You are entitled to much credit for the 
 Siand conception and especially for decided 
 action. The tendency to unduly exalt and 
 glorify those who have rendered heroic or 
 patriotic services, in battle, or in statesman- 
 ship, or from the rostrum, may be conceded; 
 hut there is no clanger of unmerited praise 
 l)eing bestowed upon those who have, in the 
 quiet of judicial chambers, correctly solved 
 great controversies, affecting the rights of 
 persons and property and government. Vn- 
 doubtedly there were judges living during 
 his time, with more extensive learning in 
 the domain of the common law and equity 
 jurisprudence, but none with more accurate 
 conceptions of the general scope, purpose 
 and significance of the powers granted, lim- 
 ited, permitted, prohibited and reserved by 
 our national constitution. A letter received 
 from that very learned author and equity 
 jurist. Sir Nathaniel Lindley, the present 
 Master of the Rolls of Great Britain, eon- 
 tains this statement: "I know little or noth- 
 ing of Marshall's life, though I value his 
 great judgments very highly. I always look 
 upon him and Kent as two of the greatest 
 judges of whom I know anything." Chan- 
 cellor Kent lived during the formative pe- 
 riod of jurisprudence in the State of New 
 York; and as he was a very industrious and 
 learned man, he naturally devoted himself, 
 with all the energy of his nature, not only 
 to the mastery of the English common law 
 and equity jurisprudence, but also to the 
 civil law. This being so, his judicial opin- 
 ions are well calculated to impress the mind 
 of an able English equity jurist and author, 
 like Mr. Lindley; and, I presume it would 
 be generally conceded, that in the fields 
 mentioned. Chancellor Kent was superior to 
 .John Marshall. But, in my judgment, on 
 questions of American constitutional law, 
 the divergence is still greater in favor of 
 Marshall. As evidence of this, it is only 
 necessary to cite the respective parts taken 
 by them in the celebrated case of Gibbons 
 V. Ogden. In that case Ogden, the owner 
 of steamboats, filed a bill in equity against 
 Gibbons, in the Court of Chancery presided 
 over by Chancellor Kent, to restrain the lat- 
 ter from navigating any waters within the 
 jurisdiction of New York by boats propelled 
 by fire or steam, on the ground that Fulton 
 and Livingston, under whom Ogden claimed, 
 had the exclusive right to such navigation 
 until 1S3S, by virtue of certain acts of the 
 legislature of New York, Gibbons answered, 
 admitting the acts of the legislature and the 
 transfers to Ogden, but denied the validity 
 of the enactments. Upon the hearing. Chan- 
 cellor Kent held the acts of the legislature 
 to be valid and made the injunction perpe- 
 tual. Ogden V. Gibbons, 4 John. Ch. 150. 
 That judgment was afl^rmed in the Supreme 
 Court of Judicature for the correction of er- 
 rors in New York. Gibbons v. Ogden 17 
 
 John. 488. From thence the case was taken, 
 by writ of error to the Supreme Court of the 
 United States and was there reversed, on the 
 ground that such acts of the legislature of 
 New York were repugnant to the commer- 
 cial clause of the constitution of the United 
 States and therefore void. Gibbons v. Og- 
 den, 9 Wheaton, 1. The able and exhaustive 
 opinion of Marshall, C. J. (pages 186-222), 
 backed by the sanction of the unanimous 
 court, left no room for doubt among those 
 who were willing to give effect to the Fed- 
 eral constitution. Had the opinion of Chan- 
 cellor Kent in that case become a law of 
 this country, inter-state and international 
 commerce would have been at the mercy of 
 the respective State legislatures. Had Con- 
 gress interposed, on the ground that such 
 assumed authority of the respective States 
 was only concurrent, the controversy would 
 have been transferred to the caucus, to the 
 political conventions and to popular elec- 
 tions, and the result would have been end- 
 less confusion and strife, if not bloody war. 
 Thirteen years after that decision, during 
 which time four of the justices making it 
 had passed from the Court and their places 
 had been supplied by new men, an attempt 
 was made to overturn that decision. Mayor, 
 etc., of New York v. Miln, 11 Pet. 102, in 
 wiiich four of the seven members of the 
 Court wrote opinions. But Mr. Justice 
 Wayne, who was a member of the Court 
 when the last case mentioned was decided, 
 has left on record a statement tO' the effect 
 that four members of the Court were of the 
 opinion, that according to the constitution 
 and the decisions of the Court in Gibbons v. 
 Ogden and Brown v. Maryland, "the power 
 in Congress to regulate commerce was ex- 
 clusive," and that only "three of them 
 thought otherwise." Passenger Cases, 7 How. 
 431, in which each of the nine members of 
 the Court wrote opinions. In a later case, 
 Mr. Justice Miller, speaking for the Court, 
 limits the decision in each of the last two 
 cases mentioned, and said, that the opinion 
 of Chief Justice Marshall in Gibbons v. Og- 
 den, "has become the accepted canon of con- 
 struction of this (commercial) clause of the 
 constitution, as far as it extends," Hender- 
 son V. Mayor, etc., 92 U. S. 270. In a still 
 later case, Mr. Justice Field, speaking for 
 the Court, said, that his opinion in Gibbons 
 V. Ogden, "is recognized as one of the ablest 
 of the great Chief Justice then presiding," 
 although several of his expressions and some 
 of his reasoning went beyond the questions 
 decided. County of Mobile v. Kimball. 102 
 U. S. 699. In a still later case, Mr, Justice 
 Lamar, speaking for the majority of the 
 Court, paraphrased a passage in the opinion 
 of Marshall, C. J., in Gibbons v. Ogden, su- 
 pra, w^iich he characterized as "that great 
 opinion" which has been "almost uniformly 
 adhered to." Kidd v. Pearson, 128 U. S. 16. 
 In the still later case of Leisy v. Hardin, 135 
 
u 
 
 JOHN MARSHALL DAY. 
 
 U. S. 100, in an opinion by Fuller, C. J., 
 Gibbons v, Ogden and Brown v. Maryland, 
 supra, are expressly sanctioned, and the con- 
 flicting opinions in The License Cases, 5 
 How. 504 (in which there were six), express- 
 ly overruled. Pages 115-118. When we re- 
 member that Gibbons v. Ogden was the first 
 case under the interstate commerce clause 
 o( the constitution which ever reached that 
 Court, and that Brown v. Maryland was the 
 second, and that a large per cent, of the 
 numerous cases since decided in that Court 
 under that clause have been by a divided 
 Court, and that several which have thus 
 been decided have subsequently been ex- 
 pressly overruled, and that a large per cent, 
 of the cases under that clause decided in the 
 State Courts have been reversed, it is a 
 most remarkable fact that the opinions of 
 the great Chief Justice in those two cases 
 have thus stood the test of time. Numerous 
 other examples might be given. In the field 
 of dispassionate analytical reasoning, in the 
 enforcement of the several provisions of the 
 constitution of the United States, John Mar- 
 shall stands out as the most exalted Ameri- 
 can. As he did what he could to make the 
 name of Washington immortal, so may the 
 American bench and bar do what they can 
 to make the fame of John Marshall perma- 
 nent for the lasting benefit of this republic. 
 JOHN B. CASSODAY. 
 
 (From Hon. Charles B. Love, Chief Justice 
 of the Supreme Court of Delaware, 
 Wilmington. Del.) 
 The proposed "John Marshall Day," as 
 outlined in your circular, meets my hearty 
 approval. Liberty regulated by law is for- 
 mulated and crystallized in the opinions of 
 John Marshall, who manifestly stands at the 
 head of the world's great jurists. The study 
 of his life and labors in e.xplaining, harmo- 
 nizing and strengthening our constitutional 
 fabric, cannot fail to elevate every branch 
 of thoughtful constitutional government 
 workers. CHAS. B. LOVE. 
 
 (From Hon. John A. Peters, of the Supreme 
 Judicial Court of Maine, Bangor. Me.) 
 Your proposition for the celebration of 
 "John Marshall Day" will no doubt be re- 
 ceived with satisfaction everywhere in Am- 
 erica. I have no doubt that Washington was 
 the only man on this continent who could 
 make our Revolutionary War successful and 
 that Marshall was almost solely instru- 
 mental in securing to the nation a correct 
 constitutional government after our inde- 
 pendence was won. The two names are as 
 illustrious as any in the world, if not more 
 so; each name furnishing light and luster 
 as "morn risen on midnoon." It is enough 
 to produce a shudder to contemplate what 
 this country would have been at this period 
 
 had Marshall's views of constitutional gov- 
 ernment been defeated by his judicial and 
 political contemporaries. 
 
 JOHN A. PETERS. 
 
 (From J. R. Tyson, Associate Justice Su- 
 preme Court of Alabama.) 
 I am in receipt of your circular con- 
 taining proposition looking to the cele- 
 bration of Feb. 4. 1901 as "John Marshall 
 Day " by the Bench and Bar of this country. 
 The proposition is the product of a beau- 
 tiful sentiment, and its consummation 
 would not only be a befitting tribute to the 
 greatness of Judge Marshall, but of the ut- 
 most value to the American people. I fully 
 concur in your plans. Your formulation and 
 submission of them, in my opinion, entitle 
 vou to the gratitude of the entire people. 
 J. R. TYSON, 
 
 ( P''rom Hon. James A. Pearce, Judge of the 
 Maryland Court of Appeals, Chester- 
 town, Md.) 
 
 Vour circular letter proposing the celebra- 
 tion of February 4th, 1901, as "John Mar- 
 shall Day," has been received, and I cor- 
 dially approve the movement as appropriate 
 and well timed. This country has produced 
 many men who have graven their names 
 high upon the roll of fame as statesmen 
 and jurists, but Marshall has left a deeper 
 and more profound impression upon its in- 
 stitutions than any of his contemporaries or 
 successors. He brought to the great work 
 committed to him an original and massive 
 intellect, and a moral simplicity and courage 
 in absolute harmony with the unexplored 
 and unequalled scope of the majestic tri- 
 bunal over which he presided so long and 
 without which we may well believe it could 
 never have attained the exalted estimate in 
 which it is held throughout the civilized 
 world. As Judge Dillon has said: "His 
 judgments have become primal lights, shin- 
 ing with the steadfast fidelity of the North 
 Star or the Southern Cross for the guidance 
 of the inquirer after American Constitu- 
 tional Law," and Lord Chief Justice Cock- 
 burn, speaking of "the august reckoning and 
 accounting between nations, returning light 
 for light and mind tor mind. " says: "The 
 judgments and dicta of a Marshall or a Story 
 are as familiar to us as those of a Mansfield 
 or an EUenborough." 
 
 Neither the bar nor the country has yet 
 paid adequate tribute to his unrivalled judi- 
 cial character and his inestimable public 
 services, and the plan you propose for the 
 celebration of the centennial of his entrance 
 into the Supreme Court is well conceived to 
 make his name, as it should be, a house- 
 hold word in the land. 
 
 JAMES A. PEARCE. 
 
JOHN MARSHALL DAY, 
 
 15 
 
 (From Charles V. Bardeen. Associate Justite 
 Supreme Court. Wisconsin.) 
 I yield to no one in my respect and ven- 
 eration for Chief Justice Marshall. The plan 
 of celebrating his entry into the judicial life 
 of the nation ought to meet with distinct 
 approval from every lawyer familiar with 
 the great works he accomplished. I trust 
 your efforts in that direction will meet with 
 the success they deserve. 
 
 CHAS. V. BARDEEN. 
 
 (From Geo. M. Harrison, Assoc. Justice of 
 the Supreme Court of Appeals of Vir- 
 ginia, Staunton, Va.) 
 Your proposition to celebrate February 
 4th. 1901, as "John Marshall Day," must 
 commend itself to every member of the Am- 
 erican Bar. As a Virginian. I could not do 
 otherwise than approve the movement and 
 feel a deep interest in its success. 
 
 GEORGE M. HARRISON. 
 
 (.From H. C. McWhorter. Associate Justice 
 of Supreme Court of West Virginia. 
 Charleston, W. Va.) 
 A happy thought. What could be more 
 fitting than that the legal profession should 
 appropriately celebrate the one hundredth 
 anniversary of the elevation to the highest 
 judicial position in the country, of the great 
 legal luminary, John Marshall, whose de- 
 cisions have added such luster, strength and 
 dignity to American Jurisprudence? 
 
 I most heartily commend the suggestion. 
 H. C. McWHORTER. 
 
 (From Chief Justice James H. Cartwright. 
 Illinois Supreme Court.) 
 
 The thought of celebrating Monday, Feb- 
 ruary 4. 1901, as "John Marshall Day," with 
 ceremonies suitable to the occasion is a most 
 fortunate one. and the people as well as the 
 legal profession of the United States are in- 
 debted to you for conceiving it and formu- 
 lating a plan for such celebration. I hope 
 that the idea may be successfullv carried 
 out. JAMES H. CARTWRIGHT. 
 
 (From J. B. Winslow, Assoc. Justice of Su- 
 preme Court of Wisconsin.) 
 Surely nothing could be more appropriate 
 than a general celebration by bench, bar 
 and people of the centennial anniversary of 
 Chief Justice Marshall's elevation to the Su- 
 preme Bench. Your efforts to bring about 
 such a celebration have my most cordial ap- 
 proval. J. B. WINSLOW. 
 
 (From Charles N. Potter. Chief Justice Su- 
 preme Court of Wyoming.) 
 Having read with much interest your pro- 
 posal with reference to the celebration of 
 "John Marshall Day," I wish to say that the 
 plan has my earnest approval. It has been 
 splendidly conceived, and I hope will be 
 grandly executed. 
 
 CHARLES N. POTTER. 
 
 (From James G. Jenkins, U. S. Circuit Court 
 of Appeals, Seventh Circuit, Milwau- 
 kee, Wis.) 
 I cordially concur in your proposal for a 
 celebration of the centennial anniversary of 
 the date when the great Chief Justice John 
 Marshall took his seat in the Supreme Court 
 of the United States. Whatever I can do in 
 furthering your desire and that of the Illi- 
 nois State Bar Association in that respect 
 will most cheerfully be done. It is pre-em- 
 inently fitting that the bench and the bar 
 of the United States should commemorate 
 an event which had so great an influence 
 upon the interpretation of the constitution 
 of the LTnited States in marking the bounda- 
 ries between the different departments of 
 government and in construing the rights of 
 each. He presided in that Court during what 
 may be termed the formative period of our 
 constitution, and its construction became 
 the duty of that Court during his term of 
 office to a greater extent than at any other 
 time. How well he performed his work. Uow 
 well he marked and cemented the founda- 
 tions of government, needs no encomium for 
 the bench or the bar to understand it; but 
 they of all others should unite in so cele- 
 brating the event that his name and fame, 
 and more than that, the principles which he 
 aided to settle and which underlie constitu- 
 tion and laws, should be perpetuated among 
 the people at large. I sincerely hope that 
 the American Bar Association will view 
 your proposal with unanimous approbation 
 and will aid to make the event a signal suc- 
 cess throughout the entire Union. 
 
 JAMES G. JENKINS. 
 
 (From Chief Justice Campbell of Colorado 
 Supreme Court.) 
 Your proposition for the celebration of 
 "John Marshall Day" February 4th. 1901, 
 submitted to the Illinois State Bar Associa- 
 tion, and by that body adopted, is one that 
 commends itself not only to- the bench and 
 bar of this country, but to every lover of 
 constitutional history, and every one inter- 
 ested in the perpetuity of constitutional gov- 
 ernment. It meets with my approval, and I 
 trust that the American Bar Association at 
 its coming meeting will give the movement 
 the impetus of its great influence. 
 
 JOHN CAMPBELL. 
 
16 
 
 "JOHN MAKSHALL DAY." 
 
 (From Hon. William H. Seaman. U. S. Dis- 
 trict Court. Eastern District ot 
 Wisconsin, Milwaukee.) 
 The action of the Illinois State Bar Asso- 
 ciation starting the movement for celebra- 
 tion of "John Marshall Day." is timely and 
 well directed, and I am sure there will be 
 earnest co-operation by the bench and bar 
 throughout the country. Count on me for 
 any aid within my ability. 
 
 WM. H. SEAMAN. 
 
 (From Hon. Addison Brown. U. S. District 
 
 Judge for the Southern District of 
 
 New York, New York.) 
 
 I approve of the within and regard such a 
 
 celebration as certain to exert an important 
 
 influence for good, not only upon the bench 
 
 and bar, but upon the public sentiment of 
 
 the country. ADDISON BROWN. 
 
 (From Hon. J. B. Moore, Associate Justice 
 of the Supreme Court of Michigan, 
 Lansing.) 
 Few men have done so great service to the 
 American Republic as John Marshall. It is 
 fitting that on the one hundredth anniver- 
 sary of his taking a place upon the United 
 States Supreme Court, some recognition 
 should be shown of the value of his work. 
 Your plan seems feasible and has my hearty 
 approval. J. B. MOORE. 
 
 stitutional expounders can but result irr 
 great good, by stimulating a more general 
 and studious inquiry into the principles of 
 government, a knowledge of which is so 
 needful for the promotion and advancement 
 of the nation. I earnestly hope the Ameri- 
 can Bar Association will take such action 
 as is suggested in your proposition. 
 
 T. F. PALMER. 
 * * * 
 
 (From C. H. Hanford, U. S. District Judge, 
 Seattle, Washington.) 
 
 I wish to be counted among those favor- 
 ing the proposed celebration of "John Mar- 
 shall Day." I consider that our country is 
 to be congratulated upon the fact that the 
 principles of government which the founders 
 of the republic, inspired by wisdom more 
 than human, gave to us in the form of a 
 written constitution, have not been, through, 
 ignorance and partisan bigotry misconstrued, 
 obliterated or nullified. We should be thank- 
 ful that a man of great intellect and will 
 power, and a true patriot, was at the right 
 time placed in the position where he could 
 expound anij enforce the principles of our 
 national constitution with the result that we 
 have to-day a nation to be proud ot, and not 
 a mere alliance of States, jealous of each 
 other and always quarreling and in a condi- 
 tion of turmoil. 
 
 I hope that the celebration may prove to 
 be a success worthy of the great city in 
 which the moviement for it originated. 
 
 C. H. HANFORD. 
 
 (From Selden P. Spencer, Judge of the Cir- 
 cuit Court. St. Louis.) 
 I very cordially approve of the "John 
 Marshall Day" February 4th, 1901. and as 
 one interested in the progress of American 
 jurisprudence am correspondingly grateful 
 for the initiative you have taken in the mat- 
 ter. If I can be of any .service to you at 
 the American Bar Association, the Buffalo 
 meeting of which I expect to have the pleas- 
 ure of attending. I shall be glad to help 
 you. SELDEN P. SPENCER. 
 
 (From W. H. Gabbert, Justice Supreme 
 Court of Colorado.) 
 
 I heartily endorse the proposition for the 
 celebration of "John Marshall Day." Febru- 
 ary 4, 1901. W. H. GABBERT. 
 
 (From Judge Truman F. Palmer. Monticello, 
 Ind.) 
 Permit me, as an individual member of 
 the American Bar Association, to express 
 hearty approval of your proposition for the 
 celebration of "John Marshall Day." Such 
 recognition of the life, work, and influence, 
 of the greatest of American judges and con- 
 
 (F'rom Vice-President for California for 
 American Bar Association, Los Angeles.) 
 The conception of observing the cente- 
 nary of the elevation of the great Marshall 
 to the Supreme Court of the United States, 
 formulated by you, and fittingly approved 
 by the Bar Association of Illinois, is one 
 that appeals to all American lawyers, and 
 is worthy of execution by the American Bar 
 Association. 
 
 Liberty circumscribed by law, based upon 
 common consent, is the greatest achieve- 
 ment of man. The noblest, and let us hope, 
 the most enduring expression of such law, 
 is found in our Federal Constitution. To 
 voice and apply the principles of that char- 
 ter from the sovereign people in the spirit 
 in which they were conceived and adopted 
 was a great privilege, and one of those upon 
 whom it was early conferred, and who ful- 
 filled the trust to the utmost and set guide 
 posts upon the highway of constitutional 
 progress for all time, was John Marshall. 
 
 Therefore, to him in an eminent degree, 
 the bench and bar of the United States are 
 indebted, and the fitting opportunity to do 
 honor to his memory that you suggest, 
 should not be allowed to pass without ob- 
 servance. JAS. A. GIBSON. 
 
MOHN MARSHALL DAY. 
 
 17 
 
 (From R. E. Twitchell, Pres. New Mexico 
 Bar Association, L,as Vegas, N. M.) 
 Your esteemed favor with enclosure rela- 
 tive to proposition for a proper celebration 
 of "John Marshall Day" has been received. 
 I mo.st heartily endorse the ideas contained 
 in the circular, particularly that wherein 
 addresses to the school children of the Re- 
 public on the day mentioned is proposed. 
 There has been too little patriotism and 
 obedience to the laws taught in our public 
 schools. These principles of the old Spartan 
 masters properly inculcated in the youth of 
 this country can be productive of much good 
 for the future. Tlie opportunities presented 
 by the celebration mentioned as well as the 
 character of addresses which would be made 
 on such an occasion can do much to that 
 end. R. E. TWITCHELL. 
 
 (From the Vice-President for Oregon of Am- 
 erican Bar Association, Portland. Ore.) 
 
 I am in receipt of your circular relating to 
 the proposed celebration of John Marshall 
 Day, February 4, 1901, and I cordially, ap- 
 prove your plans. There will be no bar asso- 
 ciation meetings in this State before October 
 and therefore your project cannot be laid 
 before the local association, but I have no 
 doubt that all judges and lawyers in Oregon 
 will be glad to co-operate and unite with 
 their professional brethren throughout the 
 United States on this occasion to do honor to 
 the greatest of America's jurists. It is fit- 
 ting that the project be promoted by the 
 American Bar Association, and its endorse- 
 ment will no doubt make the way for a 
 universal celebration of the day throughout 
 the United States. 
 
 Please let me know if I can be of further 
 assistance. 
 
 CHAS. H. CAREY. 
 
 (From Pres. of South Carolina Bar Ass'n.) 
 I duly received yoiir favor with enclosure 
 of the 21th ultimo, and endorse with great 
 pleasure the project to commemorate John 
 Marshall Day on 4th of February, 1901. Our 
 State Bar Association has not met for a few 
 years, but I will communicate with as many 
 of them as possible, and feel satisfied they 
 will unite in making the movement a great 
 success. GEORGE L. BUIST. 
 
 (From Pres. of Tennessee Bar Ass'n., Nash- 
 ville, Tenn.) 
 Your favor of July 24th, with circular en- 
 closed, came duly to hand. It will afford 
 me pleasure to lay before the Bar Associa- 
 tion of Tennessee, at its next meeting, the 
 
 suggestion regarding the "Observance of 
 John Marshall Day." 
 
 J. W. BONNER. 
 
 (From Pres. of Iowa State Bar Ass'n, Garna- 
 villo, Iowa.) 
 
 1 heartily approve of your plan to cele- 
 brate on the 4th day of February. 1901. the 
 centennial of the inauguration of John Mar- 
 shall as Chief Justice of the Supreme Court 
 of the United States. 
 
 This generation will so learn his great 
 worth in giving stability to our experimen- 
 tal, free government under the Constitution. 
 JAMES O. CROSBY. 
 
 (From the Pres. of North Dakota Bar Ass'n, 
 Grand Forks, N. D. 
 
 Your letter of the 24th inst. in regard to 
 John Marshal! Day has been duly received 
 and considered, and I take great pleasure 
 in endorsing the same with my heartiest ap- 
 proval. 
 
 Our delegates from here to the American 
 Bar Association will in all probability be the 
 Hon. Tracey R. Bangs and myself, both of 
 this city, and we will both favor, so far as 
 we know now, the proposition formulated 
 by you in regard to the celebration of the 
 4th day of February, 1901. in substantially 
 the manner proposed by you. 
 
 J. H. BOSARD. 
 
 (_From Richard B. Shepard. Vice-President 
 of American Bar Association for Utah, 
 
 Salt Lake City. Utah.) 
 In reply to yours of the 24th inst. in refer- 
 ence to the proposition to set aside and cele- 
 brate February 4th, 1901 as "John Marshall 
 Day" in commemoration of the services of 
 chief Justice John Marshall, would say; 
 that the same meets with my hearty approv- 
 al and I trust that the American Bar Associa- 
 tion will take such action as it may deem 
 necessary to bring this matter to a head. 
 RICHARD B. SHEPARD, 
 
 (From P. K. Ewing. Sewane. Tenn.) 
 Hon. F. C. Dillard. ex-president of the 
 Texas Bar Association, has forwarded to- 
 me correspondence between you and him 
 touching your proposition relative to "John 
 Marshall Day." It is to be regretted your 
 proposition was not received in time to be 
 laid before our association at its recent ses- 
 sion. I shall, however, refer the matter to 
 our accredited delegates to American Bar 
 Association, and it will be, of course, within 
 
18 
 
 "JOHN MARSHALL DAY." 
 
 the range of their discretion to act on the 
 subject as they may deem proper. 
 
 PRESLEY K. EWING, 
 
 Prest. Tex. Bar Asso. 
 
 (From Geo. E. DeGolia, Secretary Oakland 
 Bar Association. Oakland. Cal.) 
 I am in receipt from James A. Gibson. 
 Vice-President for California of the Ameri- 
 can Bar Association, of a letter requesting 
 the Oakland Bar Association, of which I am 
 Secretary, to endorse the project and co- 
 operate as much as possible in celebrating 
 in 1901 the one hundredth anniversary of 
 the elevation to the Bench of Chief Justice 
 Marshall, with the request that I forward to 
 you some expression from the Oakland Bar 
 Association upon the subject-matter. 
 
 It is now vacation here, so far as the Oak» 
 land Bar Association is concerned, and a 
 meeting will not be held in time to have 
 formal action taken, so as to write you by 
 August 28, as requested by Mr. Gibson; but 
 1 have spoken to a number of the members 
 who are In town, and they all have author- 
 ized me to write, in behalf of our associa- 
 tion, heartily endorsing the project and ex- 
 pressing a willingness to do here in Oak- 
 land, Cal., what little can be done so far 
 away from the meeting of the American Bar 
 Association. 
 
 While I am anything but a hero-worship- 
 per, still I firmly believe in showing and ex- 
 pressing a regard for the life, characters, 
 and work of great Americans. At the head 
 of the list, from a lawyer's standpoint, at 
 least, stands Chief Justice Marshall. 
 
 I should be glad to receive from you or 
 the proper authority communications from 
 the American Bar Association to submit to 
 our Bar Association here, and I am sure 
 we will take such action as you request in 
 the premises. We have not kept in close 
 touch with the American Bar Association, 
 for what reason, I do not know, and I hope 
 that you will request your Secretary to com- 
 municate with me as to our laches, if any, 
 and I hope this association can be in closer 
 relations with the head body than in the 
 past. GEO. E. DeGOLIA, 
 
 Secretary Oakland Bar Association, Oak- 
 land, Cal. 
 
 (From Judge Richard S. Tuthill, Circuit 
 Court of Illinois, Cook County.) 
 
 I heartily approve the plan to make Febru- 
 ary 4. 1901, and in each year thereafter a 
 National holiday, and to call it "John Mar- 
 shall Day" — ^as stated in the proposition sub- 
 mitted by you to the Illinois State Bar As- 
 sociation. 
 
 The government can continue to exist only 
 60 long as the people are intelligent, honest 
 and jiatriotic. Hence, it is the duty of all 
 
 to do what we can in our day to promote 
 the education, to strengthen the moral 
 nature of the citizens of our Republic, andi to 
 keep ever burning the fire of patriotism in 
 their hearts. 
 
 To this end, I know of no means more ef- 
 ficient than the celebration of the "birth- 
 days" of those citizens who by reason of 
 preeminent service to their country are ac- 
 cepted as types illustrating supreme devotion 
 to the duties resting upon the citizens of the 
 Republic. To honor a Washington and all 
 those who in high or humble station aided 
 in the establishment of this government by 
 the people, to show the appreciation Ameri- 
 cans have of the service done by a Lincoln 
 and a Grant and by those, who in whatever 
 place, participated in the preservation of the 
 life of the nation, the people ought never to 
 fail to make signal observance of the days 
 already designated as holidays — the birth- 
 days of Washington, of Lincoln and of 
 Grant. 
 
 One other should be added to these, and it 
 was a happy and patriotic thought of yours 
 to suggest that day, "John Marshall Day." 
 
 The legal profession, always an accepted 
 leader, fuirnished the reason, the elo- 
 quence, and the constructive statesman- 
 ship which first aroused the people, foiTnu- 
 lated the protests against tyranny, and 
 created, and expounded the constitution. 
 Without the direction and support giv- 
 en by the legal profession, at the bar 
 and upon the bench, the genius, the de- 
 votion, and courage of a Washington and a 
 Grant, a John Paul Jones, and a Farragut 
 would not have been sufficient to establish 
 and maintain on land and sea this great 
 Republic, the hope and pride of the world. 
 Who can measure the value of the work done 
 by the lawyers of America in all our his- 
 tory? Among these facile princeps stands 
 John Marshall. Lawyers and judges whose 
 names and whose services are written high 
 on the pillars of our jurisprudence and on 
 the pages which tell of faithfulness to coun-- 
 try and to every duty— all would be glad to 
 accept John Marshall as the highest type, 
 and would, could they speak to us, heartily 
 endorse your proposition, as a full recogni- 
 tion of the value and merit of their services. 
 
 On "John Marshall Day" the thought of all 
 Should be called to a profound contemplation 
 o£ the debt America owes to John Marshall, 
 and the legal profession, and to the work 
 done by its members in all the great crises 
 in our national history. 
 
 RICHARD S. TUTHILL. 
 
 (From O. N. Carter. Judge Cook County, 
 Illinois.) 
 I am very heartily in favor of your propo- 
 sition to have memorial day in commemora- 
 tion of John Marshall on February 4th, 1901. 
 
'JOHN MARSHALL DAY." 
 
 19 
 
 Very few— even among lawyers— appreciate 
 the "great services of John Marshall. You 
 will confer a lasting benefit upon our country 
 if you succeed in arousing a permanent inter- 
 est, as I believe you will, in his life and 
 work. 
 
 , I note with much interest in the last issue 
 of "The National Corporation Reporter" the 
 suggestion of a Richmond correspondent that 
 something be done in connection with these 
 memorial services towards putting a fitting 
 monument at his grave in Richmond. About 
 two years ago I happened to be in Richmond 
 a few days and had considerable difficulty in 
 finding the cemetery in which he was buried. 
 The hotel proprietors knew nothing about 
 the location — in fact, most of them did not 
 know that John Marshall was buried in the 
 city. After a good deal of inquiry I found 
 that he was buried in the old Shockoe Hill 
 cemetery. The key to the cemetery was kept 
 in the County Poor House. They told me 
 there at first that they did not know whether 
 John Marshall's grave was in that cemetery, 
 but on looking over their books they found 
 such to be the fact. The keeper of the ceme- 
 tery seemingly knew where the graves of all 
 other noted people in the cemetery could be 
 found. I finally located his grave, but the 
 cemetery lot in which he and his wife are 
 buried is not well kept up. He has one of 
 the old fashioned tomb stones that were 
 quite common years ago, especially in the 
 South — a wide, flat stone covering the entire 
 grave, giving his name, the date of his birth 
 and death; nothing more. 
 
 I certainly think it would be a good idea to 
 remove his remains and those of his wife to 
 the Hollywood Cemetery, near where Presi- 
 dents Monroe and Tyler are buried, as your 
 correspondent suggests. The Hollywood 
 Cemetery is one of the most beautiful and 
 best kept in the country. A suitable monu- 
 ment ought to be erected at his grave after 
 removal. President Tyler's grave has no 
 monument, tombstone or mark of any kind 
 — at least, there was none there two years 
 ago, and I understood that none had ever 
 been placed at his grave. 
 
 ORRIN N. CARTER. 
 
 (From Judge Philip Stein. Superior Court of 
 Cook County.) 
 Notwithstanding the great pressure of 
 oflicial duties just now making itself felt. 1 
 take advantage of a short lull in the proceed- 
 ings to express to you my full and cordial 
 approval of the movement initiated by you 
 for a proper celehration of the day on which 
 John Marshall first sat on the bench of the 
 Supreme Court. If there be anything I can 
 do by way of cooperation, and you desire any 
 action on my part, you may command the 
 services of yours truly, PHILIP STEIN. 
 
 ( From Thomas G. Windes, Justice Appellate 
 Court, Chicago.) 
 
 The proposition for the celebration of 
 "John Marshall Day" as presented by you to 
 the Illinois State Bar Associat;on, and unani- 
 mously adopted by it, has my most cordial 
 approval. 
 
 I hope the proposition will receive the ap- 
 proval of the American Bar Association as 
 well as that of all State Bar Associations in 
 the United States. THOMAS G. "WINDES. 
 
 ( From Judge John Gibbons. Circuit Court of 
 Cook County. Chicago.) 
 "i'our interesting effort in arousing the 
 public to a due appreciation of the 
 great debt of gratitude which it owes 
 to the immortal jurist and patriot, John 
 Marshall, deserve and they will undoubted- 
 ly receive the plaudits of the Bench and 
 Bar of America. Assuring you of my hearty 
 co-operation, etc. 
 
 JOHN GIBBONS. 
 
 (From John Goode, Bedford City, "Va.) 
 
 Yours of the 24th inst, with enclosure, 
 has been received. 
 
 It will afford me pleasure to call the at- 
 tention of the Virginia State Bar Associa- 
 tion at their annual meeting next Tuesday 
 to the project referred to, and recommend it 
 to their favorable consideration. 
 
 Hoping that it may meet with the success 
 it deserves, I am, etc., JOHN GOODE. 
 
 (From Paul Bakewell. St. Louis, Mo.) 
 I have received in my mail this morning 
 your circular, etc., respecting the proposed 
 celebration of "John Marshall Day." I ap- 
 prove of the suggestion most heartily, and it 
 seems to me that your suggestion must meet 
 with the approval of all lovers of their pro- 
 fession. It is my opinion that no lawyer 
 ever lived who had a more thorough under- 
 standing, and respect for, the Constitution of 
 the United States, and the principles upon 
 which our Federal Government is founded, 
 than that great lawyer and jurist, John Mar- 
 shall. * * * 
 
 I am heartily in accord with your sugges- 
 tion and will be glad to do all that lies in my 
 power to make "John Marshall Day " an 
 event to be remembered in the history of our 
 country. PAUL BAKEWELL. 
 
 (From John C. Black, Chicago.) 
 With great pleasure I concur in your reso- 
 lution presented to and approved by the Illi- 
 nois State Bar Association. I shall be glad 
 to have my name attached to the proposed 
 memorial to the American Bar Association, 
 and I authorize you to use it. 
 
 JOHN C. BLACK. 
 
20 
 
 •JOHN MARSHALL DAY/' 
 
 (From William D. McNulty, Saratoga 
 Springs, N. Y.) 
 
 The proposition for the celebration of 
 '■John Marshall Day." advanced by the Illi- 
 nois State Bar Association, meets with my 
 hearty approval, and I believe should re- 
 ceive the endorsement of the American Bar 
 Association. WM. D. McNULTY. 
 
 (From Gardiner Lathrop. Kansas City. Mo., 
 addressed to Sec'y Hinkley.) 
 I am in hearty accord with the proposi- 
 tion of Mr. Adolph Moses, of Chicago, for 
 the celebration of "John Marshall Day" on 
 the 4th day of February, 1901, and trust 
 that the American Bar Association will take 
 appropriate action looking to that end, at 
 the session soon to be held at Buffalo. 
 
 GARDINER LATHROP. 
 
 (Fi'om Alexander Porter Morse, Washington, 
 D. C.) 
 
 Replying to request contained in your 
 circular letter of this month, asking conside- 
 ration of the proposition for the celebration 
 of "John Marshall Day," it affords me pleas- 
 ure to say to you that I will cheerfully en- 
 dorse the recommendation and will coope- 
 rate in any way in my power to aid in mak- 
 ing it successful and creditable. 
 
 In this country, although many burning 
 questions are pressing — which demand wise 
 treatment — an era of anniversary celebra- 
 tions is upon us. which may be profitably 
 utilized as object lessons. It is therefore 
 commendable to direct the attention of our 
 countrymen to those illustrious benefactors 
 who have done so much to shape the gov- 
 ernment under which we have prospered. 
 The part which Chief Justice Marshall took 
 in this development was unique and para- 
 mount. It was said by one of the first Presi- 
 dents of the American Bar Association, that 
 we are indebted to Chief Justice Marshall for 
 the American constitution. "I do not mean," 
 added Mr. Phelps, "the authorship of it. or 
 the adoption of it — although in that he had 
 a considerable share — but in that practical 
 construction, that wise administration, 
 which raised it from a doubtful experiment, 
 adapted with great hesitation, and likely to 
 be readily abandoned if its practical work- 
 ing had not been successful, raised it, I 
 say, from a doubtful experiment, to a har- 
 monious, a permanent, and a beneficial sys- 
 tem of government, sustained by the judg- 
 ment, and established in the affection of the 
 people. ALEXANDER PORTER MORSE. 
 
 (From Charles E. Shepard, Seattle, Wash.) 
 I approve most cordially of the proposition 
 emanating from the State Bar Association of 
 Illinois for a general celebration by the 
 Bench and Bar throughout the United States 
 
 of the centenary of John Marshall's acces- 
 sion to the chief justiceship of the United 
 States Supreme Court. It seems to me a 
 most fitting tribute by lawyers and judges to^ 
 be paid to one of the greatest judges who 
 ever sat on the bench. Certainly asi long as 
 government under a written constitution 
 limiting the powers of the government and 
 preserving or giving rights to the governed 
 lasts ia any English speaking country, law- 
 yers will turn to Marshall's opinions for 
 enlightenment on the great questions which 
 must continue to arise under such constitu- 
 tions. And I firmly believe that whatever 
 temporary infractions of constitutional 
 rights are occasionally made under stress of 
 circumstances, constitutional government in 
 that sense will last for many ages; and that 
 it will so last will be largely due to John 
 Marshall. 
 
 As a member of the American Bar As- 
 sociation I beg leave to say that I earnestly 
 favor the proposed celebration. 
 
 CHARLES E. SHEPARD. 
 
 (From Levi L. Barbour, Detroit, Mich.) 
 I have read with interest your proposition 
 to celebrate "John Marshall Day" February 
 4th. 1901, and heartily approve. It seems to 
 me peculiarly proper to pay the respect sug- 
 gested to the eminent man, and to take ad- 
 vantage of the occasion to impress upon the 
 nation the reverence due to law and the 
 Courts, 
 
 We have too many notorious men now 
 who seem to find their only pleasure and 
 solace in deriding the fountains of justice, 
 and attempting to inspire a disrespect and 
 disgust for everything that emanates from 
 law and its enforcement. It is high time 
 that the youth of the country should be led 
 to consider the difference between eminent 
 jurists and the demagogues who preach "the 
 rights of man." LEVI L. BARBOUR. 
 
 (From (". C. Bonney. Chicago. Illinois.) 
 
 J approve most heartily your wise and 
 noble suggestion of an appropriate celebra- 
 tion by the Bench and Bar of the United 
 States of the centennial of the day on which 
 John Marshall first took his seat as Chief 
 Justice of the Supreme Court, and thank you 
 very sincerely for this service to the cause 
 of the administration of justice. 
 
 In American History, the name of John 
 Marshall should always be written next to 
 that of George Washington. He was one of 
 the greatest judges who ever lived, and his 
 name will forever be a synonym of Consti- 
 tutional Juriaprudence. Without the work 
 which he did, the American Union could not 
 have been preserved and perpetuated. 
 
 With renewed thanks for your initiation of 
 the proposed celebration, and wishing you 
 the utmost success in carrying the project 
 into effect, C. C. BONNEY. 
 
JOHN MARSHALL DAY." 
 
 21 
 
 (From E. B. Sherman, Chicago.) 
 Your suggestion to the Illinois State Bar 
 Association touching the celebration of the 
 Centennial Anniversary of the induction of 
 Mr. Chief Justice John Marshall into his 
 high oflfice was most felicitous — almost an 
 inspiration. 
 
 That it will receive a favorable and en- 
 thusiastic response from the bench, the bar, 
 and the press of the country, I cannot doubt. 
 In all the essential elements of greatness 
 John Marshall easil,v measures up to the 
 highest ideals of a man, a patriot and a 
 Judge, and the turning of the thought of 
 the nation to the mighty work he wrought, 
 and its lasting benefit to us and to mankind, 
 will be an educational influence which can- 
 not be overestimated. The contemplation of 
 such a resplendent character cannot fail to 
 be an inspiration to the manhood of Ameri- 
 ca. The eloquent tributes which -will be ut- 
 tered on that memorable day will stir to its 
 profoundest depths the heart of every 
 thoughtful and patriotic citizen, and will 
 strike a responsive chord wherever the 
 rights of man are respected and justice sits 
 enthroned. E. B. SHERMAN. 
 
 (P'rom William S. Hammond, Altoona. Pa.) 
 I received your letter of recent date pro- 
 posing that February 4, 1901, be celebrated 
 by the bench and bar of the United States 
 as "John Marshall Day," and I write to ex- 
 press my approval of the movement, assur- 
 ing you that I will do all I can to make the 
 celebration a fitting memorial to our Na- 
 tion's most distinguished jurist. The plan 
 of celebration suggested by you I think is 
 good, and with the aid of the American Bar 
 Association I have no doubt of its success. 
 I expect to attend the annual meeting of the 
 American Bar Association at Buffalo. August 
 next, where I shall be pleased to meet and 
 confer with you and others of our profes- 
 sion interested in the project. 
 
 WILLIAM S. HAMMOND. 
 
 (From George W. Heiges, York, Pa. I 
 I congratulate you on your inspiration to 
 bring about a celebration of "John Marshall 
 Day." Feb. 4, 1901, and upon the recognition 
 your idea has already received. 
 
 It is pre-eminently important that the 
 youth of our beloved land in this money- 
 getting and hero-worshiping age should 
 have impressive object lessons of the lasting 
 debt of gratitude they and the generations 
 to follow them owe and shall ever owe to 
 the framers of our immortal Constitution, 
 among the latter John Marshall being the 
 foremost and greatest. 
 
 I most heartily approve of your movement 
 and sincerely hope it shall be crowned with 
 the success it deserves. 
 
 GEORGE W. HEIGES. 
 
 (From Myer S. Isaacs, New York.) 
 I cordially commend the proposition for 
 the celebration of "John Marshall Day," 
 February 4th. 1901. as timely, patriotic an(^ 
 significant. No tribunal in the world Is 
 comparable with the Supreme Court of the 
 United States. Its extraordinary powers un- 
 der the Constitution make for Liberty and 
 Justice; legislation adopted under stress of 
 misguided public opinion is calmly and cau- 
 tiously reviewed, and properly characteriz- 
 ed, if in conflict with the Constitution. Ap- 
 peals are heard with patience and without 
 prejudice, and are considered wholly with 
 reference to the law and the testimony and 
 decided authoritatively. Having in 'view 
 the magnificent work of Chief Justice Mar- 
 shall during his long period of service in 
 the Supreme Court, the people of the United 
 States should embrace the opportunity of 
 declaring in the most emphatic manner 
 their recognition of the great influence he 
 exerted in perfecting the American judicial 
 'system. MYER S. ISAACS. 
 
 (From Moses E. Clapp, St. Paul, Minn ) 
 Yours of July 24th is at hand, and would 
 have been answered before but for my ab- 
 sence. I will do what I can to bring about 
 the endorsement of the project. 
 
 MOSES E. CLAPP. 
 
 (Prom R. H. Wood. Charlottesville. Va.) 
 I am in receipt of your circular communi- 
 cation of Jul.v, 1899, enclosing an outline of 
 your suggestions for the observance of 
 "John Marshall Day," February 4th, 1901. 
 I am in sympathy with the move, for I do 
 not think that there is any man who had 
 more to do with giving stability to our gov- 
 ernment than John Marsliall. It seems to 
 me that without such a mind and such a 
 character to construe the Constitution, it 
 would have been impossible for us ever to 
 have had such a government as we now 
 have; and I think it is proper that these 
 facts should be kept fresh in the minds of 
 our younger people. R. H. WOOD 
 
 (From Wesley MoUohan Charleston W 
 Va.) 
 
 Yours of the 24th ult., addressed to Hon. 
 D. C. Westenhaver, as President of the West 
 Virginia State Bar Association, has been 
 enclosed to me, as I am now the President. 
 I have read the circular setting forth the ac- 
 tion of the Illinois State Bar Association in 
 respect to a "John Marshall Day," and per- 
 sonally it has my hearty approval. 
 
 The annual meeting of our association will 
 be held some time during the fall, the Exe- 
 cutive Committee not having vet decided 
 upon the exact date, and the matter will 
 
22 
 
 •JOHN MARSHALL DAY. 
 
 theu be presented to the association for ac- 
 tion, and it is my judgment that it will re- 
 ceive the approbation and endorsement of 
 the association, W. MOLLOHAN. 
 
 (From Luther Laflin Mills, Chicago.) 
 
 Permit me to express to you my high ap- 
 preciation of the suggestion which you have 
 made to the people, and particularly to the 
 lawyers, of the country, and which will, un- 
 doubtedly, be carried out, that the 4th of 
 February. 1901 — the one hundredth anniver- 
 sary of the assuming by John Marshall of 
 the Chief Justiceship of the Supreme Court 
 of the United States— should be made a day 
 of national celebration. 
 
 To the student of American history John 
 Marshall appears as a colossal figure among 
 the great men of the RepTuTlic— a mighty 
 builder of its noble fabric, a soldier, a 
 statesman, a leader among lawyers, the 
 greatest of judges, the wisest judicial inter- 
 preter of the Federal Constitution. As the 
 Chief Justice in times of dangerous political 
 controversies, he did as much as any other 
 man of our past to anchor the States in 
 unity and nationality. 
 
 Of his life and work it is well that all the 
 people should be reminded. He stood for 
 the supremacy of the Federal Constitution; 
 he was the foremost judicial exponent of the 
 fundamental principles of our national ex- 
 istence. Every American should know the 
 career of this great man, who is worthy to 
 be a hero to every patriot. 
 
 The benefit to the mind and conscience of 
 our citizens, which will come from the cele- 
 bration of the proposed John Marshall Day, 
 with all its educating and inspiring influ- 
 ences, may not be measured. On that day 
 the people will receive abiding lessons <of so- 
 cial duty; they will direct their thoughts to 
 the salutary power of our system of laws, 
 and especially to that of the Federal Su- 
 preme Court which among all the institu- 
 tions of our government is the nation's 
 strongest safeguard, and of which he, who 
 will be the hero of the hour, was the wisest 
 and greatest judge in its history; and they 
 will renewedly recognize law as a defender 
 of American Liberty and more fully realize 
 the truth that obedience to law, in this Re- 
 public, is the best guaranty of the welfare 
 of the individual citizen, and the prosperity 
 and permanence of the national life. 
 
 LUTHER LAFLIN MILLS. 
 
 (From Chas. H. Pennypacker, West Chester, 
 Pa.) 
 
 Your circular letter has been received, and 
 its suggestions receive my unqualified appro- 
 val. 
 
 John Marshall was the cogent factor in 
 making the American Republic possible to 
 exist. His exposition of constitutional prin- 
 
 ciples, his definitions of the limitations and 
 powers of this government which had 
 emerged from a confederation of states, were 
 strong and timely, and his opinion made the 
 tribunal which he adorned respected at home 
 and abroad. CHAS. H. PENNYPACKER. 
 
 (From James DeWitt Andrews, Chicago.) 
 
 In reference to establishing a John Mar- 
 shall Day, I desire to say that if the inten- 
 tion is to select the great Chief Justice as 
 the exponent of the American Judiciary I 
 heartily commend the plan. 
 
 If, on the other hand, the celebration is to 
 be in any sense a personal one, intending 
 directly or indirectly to exa'lt this learned 
 jurist above all others and thereby eclipse 
 rather than illumine the greatness of our 
 other great jurists I should just as heartily 
 disapprove. 
 
 The sentiment which he expres.-^ed was 
 perhaps never more appropriate than at the 
 present. I refer to his expression: "I have 
 thought from my earliest youth till now, 
 that the greatest scourge an angry heaven 
 can inflict upon an ungrateful and a sinning 
 people was an ignorant, a corrupt, or a de- 
 pendent judiciary. Will you draw down this 
 curse upon Virginia?" 
 
 I commend a project which tends to make 
 the American people as familiar with the 
 greatness of our judiciary as has other cele- 
 brations tended to familiarize them with the 
 great patriots and statesmen of the nation. 
 JAMES DeWITT ANDREWS. 
 
 (From E. A. Otis, Chicago.) 
 
 I heartily approve your suggestion that 
 the One Hundredth Anniversary of the ap- 
 pointment of Chief Justice Marshall be ap- 
 propriately observed by the American Bar. 
 
 With due respect to the distinguished men 
 wno have preceded and followed him in that 
 high office, none have exercised so wide an 
 influence on our institutions and system of 
 government. 
 
 When Marshall came to the Supreme 
 Bench, our Constitution and Eleven Amend- 
 ments were yet to be construed, and the 
 lines between Executive, Legislative and 
 Judicial powers to be marked out and es- 
 tablished. Our present system of govern- 
 ment had been in existence only eleven 
 years, and less than one hundred cases had 
 come before the Supreme Court of the 
 United States, where one hundred and sev- 
 enty volumes of reports have since been 
 issued. 
 
 Every question that ever came before him 
 was discussed with profound learning and 
 ability. 
 
 We are, perhaps, indebted to Chief Justice 
 Marshall more than to any other man liv- 
 ing or dead, for the clearly defined lines 
 
•JOHN MARSHALL DAY.' 
 
 23 
 
 upon which our judicial system is upheld, 
 and our Constitutional rights conserved and 
 protected. E. A. OTIS. 
 
 (From Isaac N. Blodgett. Franklin. N. H.) 
 The proposition for the celebration o£ 
 "John Marshall Day." February 4. 1904, 
 meets my cordial approval and I shall be 
 pleased to afford any aid within my power. 
 ISAAC N. BLODGETT. 
 
 (From James H. Raymond, Chicago.) 
 I have your favor of the loth inst. It will 
 give me pleasure to aid in any manner re- 
 quested, both at the approaching meeting of 
 the American Bar Association, which I shall 
 attend, and subsequently, in furthering your 
 proposition for a celebration February 4th, 
 1901, of "John Marshall Day." 
 
 JAMES H. RAYMOND. 
 
 (From R. M. Bashford, Madison. Wis.) 
 if ours at hand relating to the celebration 
 of "John Marshall Day" throughout the 
 United States on February 4th, 1901. and the 
 proposition meets my hearty approval. The 
 plan outlined in your circular seems well 
 calculated to provide for the proper obser- 
 vance of the occasion at Washington and 
 throughout the land. It will tend to impress 
 upon the people the great service John Mar- 
 shall rendered the nation, and the impor- 
 tance of adhering strictly to those principles 
 of constitutional government. 
 
 R. M. BASHFORD. 
 
 (From Charles M. Campbell, Denver. Colo.) 
 I heartily accord with every paragraph of 
 the proposition formulated and submitted 
 by you for the celebration of "John Mar- 
 shall Day." and adopted by the Illinois State 
 Bar Association. 
 
 CHARLES M. CAMPBELL. 
 
 (From Benjamin Rice Forman. New Or- 
 leans.) 
 
 The proposition to celebrate the centen- 
 nial anniversary of the induction into office 
 of John Marshall as Chief Justice of the 
 United States meets with my approval. 
 
 It is to be desired that the "Committee of 
 the American Bar Association" who may be 
 charged with dealing with his opinions on 
 constitutional law. will mark and emphasize 
 the points on which they have been over- 
 niled and departed from as well as those on 
 which they have been followed. 
 
 B. R. FORMAN. 
 
 (From Reuben Hatch. Grand Rapids, Mich.) 
 Your favor in reference to the celebration 
 
 of "John Marshall Day" February 4, 1901, is 
 
 received. 
 I approve of the plan proposed and should 
 
 be very glad to see it carried out. 
 
 REUBEN HATCH. 
 
 (From Ogden H. Fethers, Janesville, Wis.) 
 At the suggestion of my friend Chief Jus- 
 tice Cassoday I send my hearty approval of 
 your noble effort looking toward the ob- 
 servance of "Marshall Day." Our profession 
 should have at least one day in the year for 
 common observance and none can be more 
 fitting than the day upon which our greatest 
 law-giver was elevated to the world's great- 
 est judicial dignity. When February 4. 1901, 
 shall come I trust that you will present a 
 plan to make that day a permanent yearly 
 festival. 
 
 Permit me to congratulate you, not only 
 upon the inception, but on the certain ful- 
 fillment of your effort to honor the memory 
 of Marshall. OGDEN H. FETHERS. 
 
 (From S. S. Gregory, Chicago, 111.) 
 
 I beg to say that I entirely approve your 
 suggestion to duly commemorate the Cen- 
 tennial Anniversary of the accession of John 
 Marshall as Chief Justice of the United 
 States. Great in talents and in opportunity, 
 as Washington was the Father of his coun- 
 try, Marshall was the father of American 
 Constitutional law. Indeed while he has 
 often been compared to the great magis- 
 trates who have presided in the Courts of 
 England, his just fame and mighty achieve- 
 ment far surpass what can properly be 
 claimed for the greatest of these. It can 
 probably truthfully be said that no one man, 
 with the possible exception of Justinian, has 
 exercised so wide and far reaching an in- 
 fluence upon the Jurisprudence of Caucasian 
 Civilization. 
 
 Nor is this influence ephemeral or tem- 
 porary. As our constitution seems to com- 
 bine in such an excellent degree the prin- 
 ciples of Imperial unity and local self gov- 
 ernment, it must ever be a model to which 
 other States shall aspire as Republican in- 
 stitutions prevail and extend throughout the 
 world: and it was in the discussion and just 
 regulation of the contending forces in this 
 system, that Marshall rendered his most 
 conspicuous service and left the records of 
 those great judgments which not only sus- 
 tained the conclusions of his Court but con- 
 vinced and informed the reason of mankind. 
 
 It is fitting that the Bar of America, of 
 which he was a distinguished member, 
 should take the initiative in this matter. 
 
 Nor is it inappropriate that it should orig- 
 inate in Illinois. She is indeed a daughter 
 of Virginia, and Abraham Lincoln, her im- 
 
24 
 
 'JOHN MAESHALL DAY." 
 
 mortal son, whom, in person and in a cer- 
 tain sort of popular simplicity, Marshall 
 much resembled, was descended from the 
 sons and daughters of that State. 
 
 I have no doubt the American Bar Asso- 
 ciation, will at its approaching session, take 
 suitable action upon your suggestion and 
 make preliminary arrangements for the 
 commemoration of this important anniver- 
 sary: and I think we all may well feel grate- 
 ful to you that, under a happy inspiration, 
 you have directed the attention of the pro- 
 fession to this most interesting subject. 
 S. S. GREGORY. 
 
 (From Ephraim Banning. Chicago.) 
 You are entitled to a vote of thanks from 
 the American Bar generally for your sug- 
 gestion with reference to the celebration of 
 John Marshall Day, February 4, 1901; and I 
 sincerely hope that, the American Bar As- 
 sociation taking the lead, the day may be 
 celebrated in a way that will show a grasp 
 and appreciation of your suggestion that will 
 l)e more pleasing and complimentary than 
 any vote of thanks that could be adopted by 
 all the bar associations in the country. As 
 a lawyer you have said and done many good 
 things, but, in my judgment, you have never 
 said or done anything tliat in its importance 
 and far reaching influence begins to equal 
 this proposition on your part. 
 
 As a member of the American Bar Associ- 
 ation. I sincerely hope that body will take 
 strong action in favor of your proposition 
 and do everything in its power to make the 
 celebration worthy of the great occasion 
 which it commemorates. 
 
 EPHRAIM BANNING. 
 
 all the tempest and turmoil of the most 
 venomous political strife which this country 
 has ever seen no one to-day can accuse him 
 of deviating from the right or of lending 
 his high judicial office for the purpose of 
 advancing the political fortunes of his 
 friends or of his friends' friends. 
 
 An emphasis on this feature of his char- 
 acter and public work, in these days of judi- 
 cial uncertainty, would be of more value 
 than all the laud and praise and commenda- 
 tion on the magnificence of his decisions. 
 
 My mother knew the Chief Justice and 
 was often at his house in Washington and 
 I have often heard her talk of his simplicity 
 and earnestness, and he and the rest of his 
 family always ascribed to his father. Col. 
 Thomas Marshall, more ability than the 
 Chief Justice had, but it was the sterling 
 integrity of the Judge in all his career which 
 I think should be emphasized in whatever 
 proceedings will be taken on the "John Mar- 
 shall Day." Let that trait of his character 
 be held up to the admiration of the bench, 
 the bar and the youth of the land and great 
 and lasting good will come from this mem- 
 orial occasion. JOHN M. SMEDES. 
 
 (From R. W. Breckenridge. Omaha.) 
 I am in receipt of a statement of a prop- 
 osition formulated by you and submitted to 
 the Illinois State Bar Association at its re- 
 cent meeting, for the celebration of Febru- 
 ary 4th, 1901, as "John Marshall Day." The 
 idea appeals to me very strongly and if it 
 meets with anything like general approba- 
 tion I shall be very glad to do what I can 
 to interest our local bar association in the 
 project. R. W. BRECKENRIDGE. 
 
 (From John M. Smedes, Cincinnati, O.) 
 
 I received your letter some few days 
 since, in regard to the proposed "John Mar- 
 shall Day," Feb. 4, 1901. 
 
 The work of Chief Justice Marshall, like 
 that of every other man. was in part perma- 
 nent and in part transitory; the permanent 
 part will endure and needs no occasion of 
 this kind to give it efficacy. 
 
 There is one feature of the Chief Justice's 
 character which is very frequently lost sight 
 of to-day and that is to my mind his strong- 
 est trait — his incorruptible integrity. In 
 these days when judges are made for the 
 purpose of carrying out the wills of indivi- 
 duals and of corporations it is well to em- 
 phasize in the character of that great law- 
 yer and judge the fact that the law was to 
 him a pearl above price and private inter- 
 ests and private views had no weight what- 
 soever where the glory and majesty of the 
 law were involved. 
 
 I think the most enduring work of John 
 Marshall will arise from the fact that amid 
 
 (Prom A. B. Cummins. Des Moines, Iowa.) 
 I have your letter with respect to the cel- 
 ebration of "John Marshall Day." I am in 
 hearty sympathy with the proposal, and 
 whatever I can do to aid in carrying out 
 the plan will be gladly done. The people 
 of the United States could do no more fit- 
 ting thing in the early days of the Twen- 
 tieth Century than to pause and reflect upon 
 the virtues of a man who more than any 
 other one man gave to the Constitution 
 fullness, strength and symmetry; not. in- 
 deed, as an author, but in the more diflScult 
 and, if possible, more honorable office of 
 expounder. a. B. CUMMINS. 
 
 (From Morris M. Cohn, Little Rock, Ark.) 
 I beg to acknowledge the receipt of your 
 favor of the 24th of July, relating to the 
 observance of a "John Marshall Day." I do 
 not see how any lawyer in this country can 
 object to the observance of a day, commem- 
 orative of that great judge. And as I claim 
 
JOHN MARSHALL DAY." 
 
 25 
 
 to be a lawyer I am heartily in. accord with 
 the sentiments contained in the resolution 
 which, at your instance, has been adopted 
 by the Illinois State Bar Association upon 
 that subject. MORRIS M. COHN. 
 
 (From Thomas Dent. Chicago.) 
 The proposition which you submitted to 
 the Illinois State Bar Association with refer- 
 ence to making Monday, February 4, 1901, 
 "John Marshall Day." to commemorate by 
 special exercises the close of the first cen- 
 tury from the time of his taking his seat as 
 Chief Justice, is quite far reaching. I have 
 no doubt that the movement is timely, and 
 that, speaking in general terms, it will meet 
 ■with much approval, and will be made the 
 occasion of conveying useful lessons to the 
 older as well as to the younger members of 
 the Bar, and to our people generally, who 
 can not know it too well nor appreciate too 
 highly the lofty character and great services 
 of Chief Justice Marshall. 
 
 The pen of history has recorded in indel- 
 ible letters many fair names, distinguished 
 for high attainments, wisely employed, and 
 for noble achievementsi evincing greatness 
 of mind, heart and will. Happily a conside- 
 rable number of these have been nurtured by 
 our g'ood soil, here in America, some when 
 Provinces submitted to kingly rule, and 
 others under a government more synony- 
 mous with liberty, a liberty regulated by 
 law, ordained and cherished by the people. 
 Among all these the name of John Marshall 
 is worthy of inscription upon one of the chief 
 pedestals, yes, upon the keystone of a grand 
 arch, as that of a mighty master architect 
 and builder of our constitutional framework. 
 While this endures, his name must be en- 
 twined with it. THOMAS DENT. 
 
 (From D. K. Young. Clinton, Tenn.) 
 I most cordially endorse the proposition 
 for the celebration of "John Marshall Day" 
 February 4. 1901. John Marshall, the ripe 
 statesman, the great lawyer, and the match- 
 less judge, deserves to be remembered anfl 
 honored by the whole American people. His 
 opinions upon great questions of law and 
 especially upon Constitutional law, will ring 
 down the ages and will be authority so long 
 as the world has an English speaking people. 
 This legal giant stands in heroic mould, in 
 bold relief high above all lawyers and judges 
 that have appeared upon legal forum for the 
 past one hundred years if not for all the 
 ages of the past. D. K. YOUNG. 
 
 (From Charles Martindale, Indianapolis.') 
 
 I have read with pleasure your proposal 
 
 for the celebration of "John Marshall Day" 
 
 February 4, 1901, which meets with my 
 hearty approval. I shall take pleasure in 
 voting for the proposal should it be brought 
 forward at the ensuing meeting of thi 
 American Bar Aasociation. 
 
 Surely every lawyer appreciates the debt 
 of gratitude which the nation owes to the 
 great Chief Justice whose wisdom was am- 
 ple for the great tasks laid upon him and 
 whose courage was equal to his wisdom. In 
 our public schools where civil government 
 is a part of the course of study I find that 
 the name of Marshall is not unknown to 
 the students and it is my belief that the 
 celebration of his achievements will be as 
 welcome in the public schools as in the col- 
 leges and law schools. 
 
 CHARLES MARTINDALE. 
 
 (From J. J. McCarthy, Dubuque, Iowa. I 
 
 Your note of recent date concerning the 
 appropriate observance of the 100th anni- 
 versary of the elevation of John Marshall 
 to the position of Chief Justice of the Su- 
 preme Court of the United States, came 
 duly to hand. I have carefully noted the 
 resolutions adopted by the Illinois Bar As- 
 sociation on the subject. 
 
 The history of John Marshall is a history 
 of the first third of the present century. 
 He was a soldier, legislator and Jurist. In 
 the latter capacity he excelled. His logic 
 was as clear as his character was pure. His 
 interpretation of the Constitution gives him 
 a lasting place with the greatest of the 
 many great lawyers of the old school. He 
 saw legal principles in the clear sunlight 
 of a summer's morning, while others saw 
 them only in the haze and the moonlight. 
 
 Yes. I say. let every court house and every 
 school house in the nation on February 4th, 
 1901. be dedicated to an enthusiastic cele- 
 bration of John Marshall Day. Nothing, in 
 my opinion, can do more for the cause of 
 legal education and higher and nobler pur- 
 poses of bench and bar. 
 
 I shall not be present at the meeting of 
 the American Bar Association, to be held in 
 August, this year. I would favor a plan by 
 which every bar association should meet 
 upon February 4th, and arrange in advance 
 to have papers read by members touching 
 the life, character and works of the great 
 man. I would ask the writers to draw such 
 inferences and conclusions as to them might 
 seem Just. Let the scope of the papers be as 
 broad as one might desire, but papers to be 
 limited to 2,500 to 3,000 words. I would 
 adopt the same plan for every school house 
 in the land. In this manner we can perpe-- 
 tuate the memory of one whose fame is as 
 enduring as that of the Constitution itself. 
 
 J. J. McCarthy. 
 
2(; 
 
 "JOHN MARSHALL DAY." 
 
 (From J. M. Parsons, Rock Rapids, Iowa.) 
 Your communication in reference to "John 
 Marshall Day" received. In reply will say 
 that I heartily endorse the action of the Illi- 
 nois State Bar Association with reference to 
 commemoration of the 100th anniversary of 
 the day this great jurist and statesman took 
 his place as Chief Justice upon the Supreme 
 Bench of the United States. 
 
 To Marshall, perhaps more than to any 
 other one man, with the possible exception 
 of the great Washington himself, was our 
 experiment of a constitutional Federative 
 Republic made a success. It was the con- 
 stant hammering of Chief Justice Marshall 
 ■which welded union so that it has been able 
 to sustain wrenches which would have torn 
 asunder and destroyed almost any other 
 government which undertook to govern so 
 great an extent of territory with such diver- 
 gent interests in the different parts of the 
 same. 
 
 In the event of my being present at the 
 meeting of the American Bar Association at 
 Buffalo, should your proposition come before 
 that body, I will take pleasure in supporting 
 it. J. M. PARSONS. 
 
 (Fiom James Pirtle, Louisville, Ky.) 
 
 I beg to acknowledge the receipt of your 
 communication addressed to the Bar of the 
 United States in reference to the celebration 
 of John Marshall Day. 
 
 It will give me great pleasure to partici- 
 pate in the celebration to do honor to the 
 memory of John Marshall. The Bar of the 
 United States still looks to him as the great- 
 est of Judges. He has been succeeded on 
 the Supreme Bench by many very great 
 men, but his pre-eminence is not ques- 
 tioned. 
 
 One of the most interesting addresses 
 made before the American Bar Association 
 is that of Edward J. Phelps, many years 
 since, upon John Marshall. 
 
 The occasion should draw together a full 
 and representative assembly of the lawyers 
 and judges of the United States and make 
 the day one whose influence will be felt far 
 into the next century, and perhaps through 
 all time, as the influence upon our institu- 
 tions of John Marshall certainly will be. 
 .lAMES S. PIRTLE. 
 
 (From Albert A. Baker, Providence, R. I.) 
 Your communication in reference to "John 
 Marshall Day" received. I approve of the 
 proposition. In practical ability and accom- 
 plishment I believe John Marshall was the 
 greatest judge that ever lived, and that no 
 judge since has been privileged to accom- 
 plish a life work of such far reaching im- 
 portance. ALBERT A. BAKER. 
 
 (From C. Floyd Huff, of the Arkansas Bar, 
 Hot Springs, Ark.) 
 It is with pleasure that I add my endorse- 
 ment to your proposition for the celebration 
 of "John Marshall Day." I was recently one 
 of the delegates to the Commercial Law 
 League^ that met at Asbury Park, and I 
 voted for a resolution endorsing this day as 
 a day to be celebrated by lawyers all over 
 the country, and will be glad to see it done. 
 C. FLOYD HUFF. 
 
 (From Darius H. Pingrey, Bloomington, 111.) 
 Your circular is before me. I most 
 cheerfully concur in celebrating "John 
 Marshall Day." Your suggestion is very 
 opportune, for which the Bench and 
 the Bar should thank you. We all recog- 
 nize John Marshall as one of the greatest 
 jurists of the world. His decisions crystal- 
 lized constitutional liberty, which to-day is 
 shared by every citizen of our Republic. 
 Before his construction of the Constitution 
 it was an instrument of glittering phrases 
 couched in admirable diction; after, it is an 
 instrument of profound meaning, which Is 
 the basis of our republican institutions and 
 of the people's liberty. 
 
 I shall be ready to co-operate to the best 
 of my ability. 
 
 DARIUS H. PINGREY, 
 
 (From E. K. Sumerwell, New York.) 
 Your favor of 18th regarding the "John 
 Marshall Day" duly received. I have read 
 with great interest the circular enclosed and 
 fully approve your suggestions and believe 
 it will be favorably received by the Commer- 
 cial Law League. E. K. SUMERWELL. 
 
 (From J. W. McLoud, South McAlester, I. T.) 
 I fully approve of the proposition to cele- 
 brate John Marshall Day February 4th, 1901. 
 Chief Justice Marshall did more than any 
 statesman to strengthen the National Gov- 
 ernment, to enlarge and make practicable 
 the national constitution, to preserve and 
 give stability to all chartered institutions 
 and to preserve inviolable the obligations 
 of contracts. J. W. McLOUD. 
 
 (From J. W. Douglass. Washington, D. C.) 
 Your proposition for a "John Marshall 
 Day," with the printed slip explaining its 
 purpose and possible scope, is received. The 
 suggestion will no doubt meet with the 
 hearty and loving support of the Bar of the 
 United States. 
 
 To Marshall we owe largely our broad and 
 deep constitutional Federal conditions. 
 While I write I have before me a fine rep- 
 resentation of his grand head and gentle, 
 
JOHN MARSHALL DAY." 
 
 27 
 
 dignified mien. Nature liad I'uinished him 
 with every equipment of mind and body to 
 ilU with grace the high position he held, 
 and to accomplish the great results ot his 
 famous judicial career. 
 
 I hope and believe that the A. B. Ass'n 
 will adopt and push your happy and pa- 
 triotic suggestion. J. W. DOUGLASS. 
 
 (From Smeltzer V. Kemp. Bedford City. Va.) 
 Your communication, with enclosures, con- 
 cerning the celebration and commemora- 
 tion of February 4, 1901, as ",John Marshall 
 Day" is at hand. The action which you 
 inspired the Illinois State Bar Association 
 to take I think is most commendable, and it 
 is my impression that you will find the 
 Virginia Bar eager to lend their support in 
 perfecting the plans suggested. If there is 
 one great lawyer more than another to 
 whom the legal profession of this common- 
 wealth points with pride it is that consci- 
 entious and invulnerable upholder of the 
 Constitution whose memory you desire to 
 keep fresh in the minds of the people ot the 
 land. You may, I think, rely on the law- 
 yers of thi.s State to give their full share of 
 encouragement to vour very laudalile pur- 
 pose. SMELTZER V. KEMP. 
 
 (From Jas. H. Webb, New Haven, Conn.) 
 I have recently received by mail, a printed 
 circular setting forth your proposition for 
 the celebration of "John Marshall Day" re- 
 cently adopted by the Illinois State Bar As- 
 sociation. The idea seems to me to be a most 
 happy one, and I trust it will receive the 
 powerful support of the American Bar As- 
 sociation at its annual meeting so soon to be 
 held at Buffalo. The effect of a national 
 testimonial of gratitude for the services of 
 this great judge, such as you propose, would 
 be well worth all the effort it costs. 
 
 JAMES H. WEBB. 
 
 (From David W. Yancey. Commissioner to 
 
 the Five Civilized Tribes, Muskogee, 
 
 Indian Territory. ) 
 
 Your "John Marshall Day" circular was 
 
 received this morning. I think that the legal 
 
 profession of America should have a Day 
 
 distinctively their own, and I know of no 
 
 better name that could be selected for it. 
 
 fhan that of our greatest jurist, thereby 
 
 "making the name of Marshall a household 
 
 word throughout the land." 
 
 DAVID W. YANCEY. 
 
 (From Francis J. Swayze, Newark, N. J.) 
 
 I heartily approve of your proposition to 
 
 celebrate "John Marshall Day" on February 
 
 4th, 1901. I am very glad indeed that you 
 have taken up the matter. 
 
 F. J. SWAYZE. 
 
 (From C. Suydam Scott, Lexington, Ky.) 
 I acknowledge with thanks and apprecia- 
 tion your suggestions as to "John Marshall 
 Day." 
 
 It seems to me eminently fit that this 
 greatest of judges should be specially re- 
 membered by us on the centennial of the be- 
 ginning of his paramount work. 
 
 C. SUYDAM SCOTT. 
 
 (From Wm. S. Windle, West Chester, Pa.) 
 Your proposition for the celebration ot 
 "John Marshall Day." February 4, 1901, I 
 heartily endorse. WILLIAM S. WINDLE. 
 
 (From F. W. Stevens, Grand Rapids, Mich.) 
 I am advised that a proposition will be 
 submitted to the American Bar Association 
 at its next meeting, to celebrate "John Mar- 
 shall Day." I have been requested to ex- 
 press my views to you on the subject. It 
 strikes me that the proposition is a good 
 one, and anything I can do in this vicinity 
 to further it. I shall do very gladly. 
 
 F. W. STEVENS. 
 
 (From Henry T. Rogers, Denver, Colo.) 
 I heartily approve of the proposition for 
 the celebration of John Marshall Day, on 
 Feb. 4, 1901, and will be glad to co-operate, 
 so far as I am able to do so, in any plans 
 that may be arranged for the event. 
 
 HENRY T. ROGERS. 
 
 (From Gilbert S. Hawkins, Bel Air, Md.) 
 I am in receipt of your letter requesting 
 me to consider your proposition in reference 
 to "John Marshall Day," and in reply will 
 say that I am heartily in accord with your 
 plan and as a member of the Bar and a citi- 
 zen of the United States I most sincerely en- 
 dorse your idea to commemorate the great 
 event, which gave to this Republic so pow- 
 erful and logical a mind as Chief Justice 
 Marshall possessed. 
 
 GILBERT S. HAWKINS. 
 
 (From Duncan U. Fletcher, Jacksonville, 
 Fla.) 
 
 Your proposition looking to the celebration 
 of February 4th, 1901. as "John Marshall 
 Day," the event of John Marshall taking 
 his seat in the Supreme Court of the United 
 States, is very appropriate as well as com- 
 mendable in all its details. We should 
 
28 
 
 'JOHM MAESHALL DAY." 
 
 pause at this century mark and pay fitting 
 tribute to liis memory and express apprecia- 
 tion tor his great worl«. I trust your efforts 
 will receive the endorsement of the Ameri- 
 can Bar Association and all public spirited 
 citizens everywhere. D. U. FLETCHER. 
 
 (From Walter I. Dawkins. Baltimore. Md.) 
 I have received your communication in 
 reference to the proposed celebration of 
 •■John Marshall Day." The same meets with 
 my very heartiest approval, and I therefore 
 hasten to reply. If there were anything pos- 
 sible for me to do to aid in the celebration, 
 I should most cheerfully do it. This great 
 statesman and jurist has always had my ad- 
 miration. I wish you the fullest measure 
 of success in the effort you are making to 
 perpetuate the memory of John Marshall. 
 WALTER I. DAWKINS. 
 
 (From S. S. Wheeler. Lima, Ohio.) 
 I heartily concur in the suggestions and 
 resolutions for a "John Marshall Day." His 
 decisions are a text-book upon every subject 
 he touched; and every lawyer ought to be 
 proud of his work, and every American citi- 
 zen ought to be grateful for the interpreta- 
 tion and strength he gave to our Constitu- 
 tion. Every department of our government 
 cannot too highly honor the memory of John 
 Marshall. I should be very glad to assist 
 in any way possible. 
 
 S. S. WHEELER. 
 
 (From F. C. Winkler, Milwaukee, Wis.) 
 A thoughtful observance ol: "John Mar- 
 shall Day" as outlined on your motion by 
 the Illinois State Bar Association would, in 
 my judgment, be highly creditable to the 
 Bar of the United States, tending to direct 
 public thought to the higher ideals of Am- 
 erican statesmanship. I approve it heartily. 
 F. C. WINKLER. 
 
 (From Gustave A. Wolf, Grand Rapids, 
 Mich.) 
 
 Your proposition to inaugurate "John 
 Marshall Day" I think deserves the approval 
 of the entire bench and bar. 
 
 One benefit to be derived from the general 
 celebration proposed each year, will be to 
 hold up the ideal judge and lawyer before 
 the whole country, and help regain that 
 popular respect for the profession, which 
 seems of recent years to have been some- 
 what on the decline. 
 
 The luster of the name and fame of the 
 immortal jurist will certainly reflect a kind- 
 ly light upon those who struggle to follow 
 in his footsteps. ■ G. A. WOLF. 
 
 (From R. W. Williams, Tallahassee, Fla.) 
 Your communications in reference to 
 "John Marshall Day" received. 
 
 The proposals therein contained have my 
 approbation, and if the result thereof shall 
 be to make it more certain "that constitu- 
 tional government shall remain with us in 
 its full and unimpaired strength, in the 
 twentieth century and through the centuries 
 to come," the people of this country will be 
 the beneficiaries, and the bench and bar ot 
 the United States will be fuUv repaid. 
 
 R. W. WILLIAMS. 
 
 (From George W. Radford, Detroit, Mich.) 
 The proposition contained in your circu- 
 lar just received for the celebration of "John 
 Marshall Day," meets with my most hearty 
 approval. If the plan is carried out it cer- 
 tainly will prove a lasting benefit to, not 
 only our profession, but to the entire peo- 
 ple of the United States. There has never 
 been in the entire judiciary of the world, a 
 more colossal and magnificent mind than 
 that of John Marshall. The historical epoch 
 and long extended service furnished him the 
 period in which he created a mental monu- 
 ment which his countrymen should by all 
 means suitably decorate upon the centen- 
 nial of his accession to the Supreme Bench. 
 The plan outlined by you is certainly most 
 appropriate. GEORGE W. RADFORD. 
 
 (From R. S. Woodruff, Pres't Judge Com- 
 mon Pleas, Trenton, N. J.) 
 
 I heartily approved of the action of the 
 Illinois State Bar Association in relation to 
 the celebration of "John Marshall Day" afiJ 
 1 fee] quite sure that the American Bar As- 
 sociation will endorse, with earnestness, the 
 proposition. 
 
 It appeals to every lawyer in the country, 
 and should receive his enthusiastic support. 
 R. S. WOODRUFF. 
 
 (From W. H. Farnsworth, Sioux City, la.) 
 I am in receipt of your circular requesting 
 consideration of the proposition to com- 
 memorate "John Marshall Day." This is a 
 splendid idea and should be taken hold of 
 by the lawyers of this country with great 
 interest. The times need some exemplifica- 
 tion of the great work of Judge Marshall In 
 expounding the constitution of the United 
 States. I heartily approve your plan and 
 shall he pleased to assist in any way possi- 
 ble. W. H. FARNSWORTH. 
 
"JOHN MARSHALL DAY." 
 
 29 
 
 (From L. Frank Ottofy, St. Louis, Mo.) 
 I beg heartily to commend your proposi- 
 tion to honor the name of Chief Justice 
 Marshall. 
 
 It will be a fitting tribute tO' the sterling 
 worth of one of the most ardent supporters 
 of the constitution. It is hoped, also, that 
 the lesson of his ennobling, fearless charac- 
 ter may kindle an everlasting flame of inde- 
 pendent thought and spirit in the judiciary 
 of the nation. L. FRANK OTTOFY. 
 
 (From Alexander New, Kansas City. Mo.) 
 I beg to acknowledge receipt of the 
 pamphlet with reference to the proposition 
 originated by you, having as its object the 
 celebration of "John Marshall Day." The 
 proposition, and the efforts that are being 
 made, are certainly characteristic of your 
 usual energy and patriotism. 
 
 I expect to attend the meeting of the 
 American Bar Association, and shall be 
 pleased to render you what assistance I can. 
 ALEXANDER NEW. 
 
 (From C. S. Montgomery, Omaha, Neb.) 
 Your proposition for the celebration of 
 "John Marshall Day," forwarded to me with 
 your recent favor, has interested me greatly. 
 It is very broad in its scope and necessarily 
 involves much time and labor of many per- 
 sons, but, nevertheless, it seems practicable 
 and can doubtless be carried out if the Am- 
 erican Bar Association will endorse and the 
 proper men will agree to manage it. Doubt- 
 less, the effect of the proposed celebration, 
 if successfully prosecuted upon the lines 
 which you suggest, will be of lasting benefit, 
 not only to the legal profession, but to the 
 whole people. 
 
 The plan, therefore, has my approval, and 
 I will be glad to act accordingly. 
 
 C. S. MONTGOMERY. 
 
 (From U. S. Lesh, Huntington, Ind.) 
 I am in hearty sympathy with your prop- 
 osition to celebrate "John Marshall Day, ' 
 and am willing to contribute my mite in 
 furtherance of the scheme. U. S. LESH. 
 
 (Prom Philip Lindsley, Dallas Texas.) 
 The proposition for the celebration of 
 "John Marshall Day" Feb. 4, 1901, has now 
 my hearty approval, and, at the proper time, 
 will have all the aid I can give it. Such a 
 celebration will be like injecting new blood, 
 from the purest source, into the professional 
 veins of the country. 
 
 PHILIP LINDSLEY. 
 
 (From Thos. J. Pereles, Milwaukee, Wis.) 
 I acknowledge receipt of your circular let- 
 ter in re celebration of "John Marshall Day" 
 on February 4, 1901. The same meets with 
 my hearty approval. 
 
 THOS. JEFFERSON PERELES. 
 
 I From M. Norris, Grand Rapids, Mich.) 
 I am in receipt of your communication as 
 to the celebration of John Marshall Day. In 
 my judgment such a celebration would be a 
 worthy commemoration of Marshall's as- 
 sumption of the judicial ermine. 
 
 M. NORRIS. 
 
 (From Burr W. Jones, Madison, Wis.) 
 I heartily concur in your proposition for 
 the celebration of "John Marshall Day." 
 BURR W. JONES. 
 
 (From Jno. H. Dinneen, Baltimore, Md.) 
 I heartily favor the proposed movement to 
 do honor to the judicial labors of Ch. J. 
 Marshall, and if I attend the approaching 
 meeting of the American Bar Association, I 
 shall advocate there the resolution proposed. 
 JNO. H. DINNEEN. 
 
 (From Morris Brandon. Atlanta, addressed 
 to Sec'y Hinkley.) 
 I wish to endorse fully the proposition 
 for the celebration of John Marshall Day on 
 February 4th, 1901, by the lawyers of the 
 country, and I trust that the celebration 
 will take place as proposed. 
 
 MORRIS BRANDON. 
 
 (From John C. Avery, Pensacola, Fla.) 
 I heartily approve of the plan proposed by 
 you for celebrating, in a fitting way, "John 
 Marshall Day" on February 4th, 1901. 
 
 JOHN C. AVERY. 
 
 (From John Morris, Jr., Fort Wayne, Ind.) 
 I believe it to be well and fitting that the 
 4th day of February, 1901, be observed as 
 "John Marshall Day" by the Bench and Bar 
 of the country in accordance with your 
 proposition adopted by the Illinois State Bar 
 Association. JOHN MORRIS, JR. 
 
 (From S. H. Allen, Topeka.) 
 Your letter of the 24th ult., inclosing cir- 
 cular proposing a celebration of John Mar- 
 shall Day on Feb. 4, 1901, was duly received. 
 While I am no longer president of the State 
 Bar Association, having been succeeded by 
 
30 
 
 'JOHN MAKSHALL DAY." 
 
 C. C. Coleman, Esq.. of Clay Center, it will 
 afford me pleasure to call the matter to the 
 attention of the next annual meeting if held 
 prior to the date you name. The annual 
 meetings are usually held in .January. It 
 would probably be well for you to corre- 
 spond with Mr. Coleman also. 
 
 S. H. ALLEN. 
 
 (From W. P. Stafford. St. Johnsbury, Vt.) 
 Your letter of 24th inst.. to Hon. E. T. 
 Waterman, as Prest. of the Vt. Bar Asso.. 
 has been referred to me as the President 
 of that association for the current year. Mr. 
 Waterman's term having expired last Octo- 
 ber. 
 
 I am in hearty accord with the plan and 
 views set forth in the resolution and beg 
 to be permitted to do all that I may in fur- 
 therance of the project. Our next meeting 
 will be in October— later than the meeting 
 of the American Bar Association, so that as 
 an association we shall not be able to join 
 in the memorial to the American Bar Asso- 
 ciation, but I am sure we shall wish to take 
 whatever action may be helpful when we do 
 meet. 
 
 I shall be grateful if you will keep me in- 
 formed of the progress of the enterprise and 
 of the ways in which we of the Vt. Bar can 
 be useful. I may not be able to attend at 
 Buffalo. W. P. STAFFORD. 
 
 (From John D. Milliken, McPherson, Kan,) 
 I am in receipt of your circular letter of 
 the 24th inst. relative to the project of hav- 
 ing a John Marshall memorial day for the 
 purpose, first of exciting a deeper interest 
 in the study of constitutional law, and sec- 
 ond, to honor this profound judge, lawyer 
 and logician. The scheme is meritorious, but 
 I am not so sanguine of its success, however, 
 I am in favor of every forward movement 
 and will be glad to contribute my small part 
 to the accomplishment of the much desired 
 purpose. Wishing you success, I am, with 
 assurances of regard, 
 
 JOHN D. MILLIKEN. 
 
 (From F. C. Dillard, Sherman, Texas.) 
 On my return from' Galveston I found on 
 my desk your favor of the 21st inst. I regret 
 that it did not reach me sutBciently early to 
 present at the late meeting of our Bar As- 
 sociation which closed its session for this 
 year yesterday afternoon. With the close of 
 this session my term of office as President 
 has expired. Hon. Presley K. Ewing, of 
 Houston, has been elected to the presidency 
 for the ensuing year, and I forward him your 
 letter and proposition. 
 
 The movement you inaugurate has my 
 hearty sympathy, and I trust will prove a 
 
 great success. In these days when it has 
 become too common in many quarters to- 
 find fault with the Supreme Couit, even by 
 lawyers of standing and ability, and When 
 we are too frequently led away from con- 
 servative views by the passion of the hour, 
 anything which can recall us to the great 
 work done by that body, and especially to 
 the principles underlying and sustaining the 
 constitution so clearly and forcibly enunci- 
 ated by Chief Justice Marshall should be en- 
 couraged by all lawyers who love their 
 country and institutions, F. C. DILLARD. 
 
 (From Chas. E. Gast, Pueblo, Colorado.) 
 I think the entire legal profession is in- 
 debted to you and the Illinois State Bar As- 
 sociation for the initiative in proposing and 
 formulating a plan for commemorating the 
 judicial career of Chief Justice Marshall. 1 
 especially approve the suggestion that Feb- 
 ruary 4, 1901, the centennial anniversary of 
 his elevation to the Supreme Court bench, 
 should be fittingly observed in all the Pub- 
 lie Schools throughout the country by exer- 
 cises appropriate to the occasion and calcu- 
 lated to make his name as familiar to all 
 school children as that of Washington, Lin- 
 coln and Grant. As a constructive jurist in 
 the field of constitutional law, his services 
 to the Republic were quite as valuable as 
 those of any other distinguished American, 
 and I know of no reason why the American 
 people should not honor their great judges 
 in the same universal sense that they honor 
 their great presidents and generals. 
 
 If the plan proposed is carried out on 
 broad lines, as it should be, February 4, 
 1901, will be historical. CHAS. E. GAST. 
 
 (From P. W. Meldrim. Savannah. Ga. ) 
 Your circular, in the matter of "John Mar- 
 shall Day." received. I have only to say. 
 that as at present advised, the suggestion 
 meets my fullest approval. While the cele- 
 bration of the day would be proper as a tri- 
 bute to the memory of Marshall, yet the 
 greater benefit will come from impressing 
 upon the public mind and heart the lessons 
 of government, which I sometimes fear our 
 people are forgetting. P. W. MELDRIM. 
 
 (From Henry H. Ingersoll, Knoxville, 
 Tenn.) 
 
 In response to your July communication 
 on John Marshall Day, it gives me pleasure 
 to express my approval of the idea and of 
 the general plan of celebration, and I hope 
 that the meeting may be held and may be 
 worthy of the great Chief Justice and above 
 all that it may result in impressing the 
 present generation of Americans with the 
 supreme importance of that for which John 
 
'JOHN MAESHALL DAY." 
 
 81 
 
 Marshall stood — the Dignity, the Majesty 
 and the Sovereignty of the law. 
 
 HENRY H. INGERSOLL. 
 
 (F'rom James H. Hayden, Washington, 
 D. C.) 
 
 In reply to your communication of July, 
 1899, with regard to the celebration of John 
 Marshall Day, I beg to say: The proposition 
 is a most admirable one. and I am sure that 
 it will receive the cordial approval of the 
 American Bar Association. You may de- 
 pend upon it that all Washington lawyers 
 will do their utmost to make the occasion 
 one which will do full justice to Marshall's 
 memory and which will reflect credit upon 
 the American bar. 
 
 JAMES H. HAYDEN. 
 
 (From C. A. Dudley, Des Moines. Iowa.) 
 Your circular relative to the "John Mar- 
 shall Day" is received. Your proposition is 
 a very timely one, and if the day can be 
 observed as you suggest, it will do much to 
 reawaken an interest in constitutional gov- 
 ernment and also to establish it in the con- 
 fidence of the people at large. It one-half 
 of the results hoped tor can be secured by 
 the observation of the day as you suggest, 
 it will do much to disprove the many and 
 frequent charges made by a certain class of 
 speakers to the effect that Republican and 
 constitutional government is a failure. It 
 is my present intention to attend the meet- 
 ing of the American Bar Association, and I 
 shall take pleasure in advancing the pro- 
 position you suggest to the extent of my 
 ability. C. A. DUDLEY. 
 
 (From Lynde Harrison, New Haven, Conn.) 
 I certainly approve your proposed celebra- 
 tion of John Marshall Day on the 4th of 
 February, 1901. 
 
 I think the members of the Bar of Connec- 
 ticut will endorse the action of the Bar As- 
 sociation of your State; and I think that 
 many of our profession in this State will 
 be glad to attend a general celebration of 
 the day. Doubtless some appropriate action 
 will be taken within the borders of Connec- 
 ticut at that time if Congress and the Su- 
 preme Court of the United States shall de- 
 termine that the day shall be appropriately 
 celebrated. There is no man who has ever 
 lived in our country since the adoption of 
 the Federal Constitution who has had so 
 much to do with making that Constitution 
 in its construction, the admirable instru- 
 ment of our government that it is. as John 
 Marshall. LYNDE HARRISON. 
 
 (From Wni. A. Meloy. Washington.) 
 Since "John Marshall Day," which you 
 propose shall be celebrated with all due hon- 
 ors, there has not arisen a judge upon the 
 American Bench to surpass, if even to equal 
 the great Chief Justice for the legal, mental 
 and moral qualities which shone so resiplen- 
 dent in him, and which are the sine qua non 
 of the perfect judge. 
 
 The quick and powei'ful grasp, and the 
 logical clearness of his mind were equalled 
 by the plain simplicity of the man and the 
 unvarying sweet courtesy and kindness of 
 the Christian gentleman without large meas- 
 ure of which no man is truly qualified to 
 be a judge. Next to the worth of those who 
 wrote our Declaration of Independence and 
 our Con.stitution, is that of him who by his 
 wise judicial opinions and interpretations 
 gave that instrument its fullness and power, 
 its breadth and flexibility — breathed into it 
 the breath of life so that it became a living 
 soul to guide and develop as well as restrain 
 this great nation. What would have been 
 the fate of the great Republic had some nar- 
 row minded legal martinet sat in Marshall'.s 
 seat during the flr.st quarter of the century? 
 All honor then to the great Chief Justice. 
 To study and to proclaim his characteristic 
 traits, virtues and services cannot fail to 
 awaken and strengthen every patriotic virtue 
 among our people and I shall be most happy 
 to support your proposition in the next ses- 
 sion of the American Bar Association. 
 
 WM. A. MELOY. 
 
 (From T. J. Johnston, New York City.) 
 Your memoranda concerning Marshall 
 Day came to-day while I was engaged in 
 examining the decision in McCuUoch v. 
 State of Maryland. Under these circum- 
 stances I could hardly refuse to add my 
 word of commendation to a proposal to 
 commemorate the great Chief Justice in the 
 way you suggest. 
 
 I can imagine no man's work which it is 
 more important to study at the present 
 time, when many of our Courts, including 
 Courts of the United States, have in the 
 judgment of some of us, departed so far 
 from the spirit and the law of the document 
 which John Marshall assisted so much in 
 construing and establishing. Certainly the 
 proposition is most meritorious and I will 
 be glad indeed to see it fully carried out. 
 T. J. JOHNSTON. 
 
 (From W. P. Hubbard. Wheeling, W. Va. ) 
 The suggestion made by you and adopted 
 by the Illinois State Bar Association that 
 the centenary of Marshall's taking his seat 
 as Chief Justice be celebrated throughout 
 the country on February 4, 1901, as "John 
 Marshall Day," meets my hearty approval. 
 
32 
 
 •JOHN MARSHALL DAY." 
 
 and I am sure will commend itself to the bar 
 and people ot this State. No doubt the Am- 
 erican Bar Association at its meeting in 
 Buffalo in August will take the proper steps 
 to carry the project to a successful termina- 
 tion. There will be no opportunity to bring 
 the matter to the attention of our State or 
 County Bar Association before the meeting 
 of the American Bar Association. Our State 
 Association usually meets in the winter, and 
 no doubt will, at Its next session, second in 
 every possible way such action as may be 
 taken by the American Association. 
 
 W. P. HUBBARD. 
 
 (Prom Robt. R. Baldwin, Chicago.) 
 
 I favor your proposition. 
 
 It is not the least of our debt to Washing- 
 ton that he guided the deliberations of the 
 convention that framed our charter of liber- 
 ty, but the work of this high minded body 
 of men would have been as children's names 
 written in the sand, but for the calm de- 
 liberations, marvelous insight and patriotic 
 devotion of those jurists who have re- 
 written it on the hearts of their country- 
 m.?n. Any date which seems to mark the 
 l)eginning of their labors is worthy of cele- 
 bration and to cluster the glory of it around 
 the head of John Marshall is only just rec- 
 ognition of the pre-eminent character of his 
 work and does not detract from the honor 
 due to the less conspicuous labors of others. 
 In honoring him, all are honored. Let us 
 .show that republics are not ungrateful. Let 
 us inculcate in the minds of the young ap- 
 preciation of the triumphs of peace. 
 
 ROBT. R. BALDWIN. 
 
 (From W. H. Bryant, Denver, Colo.) 
 I have received your communications con- 
 cerning the celebration of "John Marshall 
 Day" February 4th. 1901. 
 
 I have always maintained that we had 
 three men who were more responsible for 
 the American government as it exists to- 
 day than all the rest of the statesmen the 
 Revolution produced. These three men were 
 Washington, Marshall and Hamilton. It has 
 sometimes been a difficult thing for me to 
 decide to whom the greatest praise of these 
 three should be given. Feeling that way 
 of course I can only say that I will cheer- 
 fully join and give my approval to any cele- 
 liration which tends to perpetuate the mem- 
 ory and recall the deeds of any of these 
 three men. I think it particularly appro- 
 priate that the lawyers of the country 
 should pay whatever tribute can be paid to 
 the memory of John Marshall, and you can 
 count upon my assistance and have my ap- 
 proval of any celebration that may be 
 agreed upon. W. H. BRYANT. 
 
 (From John F. Burke, Milwaukee.) 
 Your proposition regarding "John Mar- 
 shall Day" meets my most hearty approval. 
 I will gladly do all that I can to advance 
 and encourage it. 
 
 The highest service a lawyer can render 
 the State is to do his best to upbuild and 
 uphold its jurisprudence and judiciary and 
 the faith and the hope of the people therein. 
 In no manner can this be better accomplish- 
 ed than by teaching them the priceless ser- 
 vices rendered civilization by John Mar- 
 shall, the greatest jurist the Anglo-Saxon 
 race has produced, at least in this country, 
 if not in the world. JOHN F. BURKE. 
 
 (From William P. Breen, Fort Wayne, Ind.) 
 I have your circular, containing a propo- 
 sition for the celebration of "John Mar- 
 shall Day" on Feb. 4, 1901. 
 
 I am in hearty accord with this proposi- 
 tion. 
 
 We are becoming indifferent to the mem- 
 ories of the great men who builded our 
 government and its institutions. Such a tri- 
 bute to John Marshall, the great interpreter 
 of the Federal constitution, would be emi- 
 nently fitting, and would stem the tide of 
 indifference. Thoughtful citizens, and above 
 all, the lawyers of the land, would rejoice 
 in honoring the genius and work of Mar- 
 shall. WILLIAM P. BREEN. 
 
 (From H. P. Judson, Dean of University of 
 Chicago.) 
 I am in receipt of your communication 
 with enclosure with regard to John Marshall 
 Day. The suggestion strikes me as a very 
 excetllent one, and I hope it will be carried 
 out. You can certainly count on the Uni- 
 versity to cooperate in the undertaking of 
 the Bar Association. H. P. JUDSON. 
 
 * * * 
 
 (From Prof. Herman von Hoist, Chicago 
 University.) 
 
 Cottage Belleniary, 
 Upper Nashota Lake, Wis. 
 Many and great are the services rendered 
 by John Adams to his country. If I were 
 to be asked which of them I consider the 
 greatest and most far-reaching, I should an- 
 swer, without a moment's hesitation, the 
 nomination of John Marshall to be Chief 
 Justice of the United States Supreme Court. 
 This opinion is not likely to be endorsed 
 by the vox populi, if vox populi be under- 
 stood to mean the masses. The part played 
 by Marshall in the evolutionary history of 
 the United States appeals but very little to 
 the popular imagination, and to form any- 
 thing like an adequate conception of it pre- 
 supposes an amount of legal, historical and 
 
•'JOHN MARSHALL DAY." 
 
 38 
 
 political erudition whicii, in the nature of 
 things, the masses cannot possess. From 
 this, however, no inference is to be drawn 
 as to the necessity of opening also the eyes 
 of the masses to the character and import 
 of this part; they stand in an inverse ratio. 
 For the future of the Republic is secured 
 against peradventure only il', not merely 
 the bench and the bar, but also the whole 
 people are thoroughly imbued with the prin- 
 ciples forming the bed rock on which John 
 Maishalls judicial opinions on constitution- 
 al questions are reared with unerring logic 
 and true constructive statesmanship — as in- 
 stinct with sound adaptation to the ever de- 
 veloping needs evolved by the irresistible 
 rapid progress of the Commonwealth on all 
 lines of civilization, as it is implacably con- 
 servative in regard to the basic ideas of 
 right, law and policy, on which its foundeis 
 chose to put it. 
 
 14olding these views it goes without say- 
 ing that I hope and trust the American Bar 
 Association will at its ne.xt session in Buf- 
 falo, N. Y., follow the example set by the 
 Illinois State Bar Association, i. e., unan- 
 imously adopt your proposition in regard to 
 -.John Marshal"! Dav" February 4th, 1901. 
 H. E. von HOLST. 
 
 (From Edward J. James. Chicago.) 
 
 I see from the papers that you are inter- 
 ested in the celebration of the anniveisary of 
 Marshall's taking his seat as Chief Justice 
 of the United States Supreme Couit. I thmk 
 you deserve the thanks of all persons inter- 
 ested in our legal, constitutional and politi- 
 cal history. In my worK as professor of Po- 
 litical Science in the University of Pennsyl- 
 vania and in the University of Chicago I 
 have been impressed in an ever stronger way 
 with the significance of Marshall, not merely 
 for the development of our own political and 
 constitutional law, but for the development 
 of public law in general in all countries. I 
 desire to be counted among the friends of 
 this movement which you have started. I 
 think that the leading jurists and pul)licists 
 of the Continent as well as of England, will 
 be interested in this event. 
 
 I expect to spend the greater part of next 
 year in Europe on a leave of absence from 
 the University, and I shall take great pleas- 
 ure in being of any service I can in interest- 
 ing English or Continental men in this cele- 
 bration. 
 
 Kindly command my services in any way 
 in which they may be of use for this pur- 
 pose. EDWARD J. JAMES, 
 
 Professor of Public Administration in the 
 University of Chicago. 
 
 (From B. C. Ravenscroft, Dean of Nashville 
 College of Law.) 
 I desire on behalf of the Nashville College 
 
 of Law to express our hearty appreciation of 
 your proposition for a "John Marshall Day." 
 A celebration of this order would do far 
 more toward pointing out the great benefit to 
 be derived from a pure and incorruptible 
 judiciary as exemplified in Chief Justice 
 Marshall than all editorials that could be 
 w-ritten against corruption on the bench. 
 The opportunities for good to be derived 
 from a "John Marshall Day" are boundless. 
 We hope you may meet with success in se- 
 curing the approval of the American Bar As- 
 sociation. E. C. RAVENSCROFT. 
 
 (From H. N. Ogden. Pres. of Illinois College 
 of Law.) 
 
 I have read your proposal for the setting 
 apart of February 4th, 1901, as "John Mar- 
 shall Day." to commemorate the One Hun- 
 dredth anniversary of the accession to the 
 Bench, of America's most illustrious judge 
 and I have brought the same to the attention 
 of the members of our faculty. We desire 
 to endorse your proposal and to assure 
 you that the day will be set apart and fit- 
 tingly observed by the faculty and students 
 of this college. 
 
 Permit us to express the hope that the Law 
 Colleges throughout the country may also 
 appropriately observe the day and that 
 thereby the true foundations of the rights 
 and liberties of the American citizen may be 
 revealed to the rising generation of lawyers 
 and judges, and through them to the whole 
 body of the American people. 
 
 The celebration of this centennial will he 
 a unique and most impoitant event in the 
 judicial history of the country. 
 
 Thanking vou for the courtesy, etc.. I re- 
 main, " HOWARD N. OGDEN, 
 
 President. 
 
 (From B. J. Ramage, Dean of Law Depart- 
 ment. The University of the South, Se- 
 
 wame, Tennessee.) 
 The proposed celebration of "John Mar- 
 shall Day" meets with my heartiest ap- 
 proval. That the event may arouse a keen- 
 er appreciation of the services rendered the 
 nation by the interpreter of the constitution 
 during its formative period, will surely be 
 the earnest wish of all who love the work 
 of the fatliers. B. J. RAMAGE. 
 
 (From H. B. Hutchins, Dean of University 
 of Michigan Law School, Ann Arbor.) 
 I certainly favor the proposition for the 
 celebration of "John Marshall Day." The 
 action of the Illinois State Bar Association 
 is to be commended, and I trust that it w'ill 
 be approved by the American Bar Associa- 
 tion. H. B. HUTCHINS. 
 
 L.«rc. 
 
34 
 
 •'JOHM MARSHALL DAY." 
 
 (From George W. Warvelle, Dean of the 
 Chicago Law School, Chicago.) 
 I am in receipt of your esteemed communi- 
 cation relative to the popular observance of 
 "John Marshall Day, " and in reply would 
 say: the suggestion is an excellent one and 
 is fully approved by the faculty of the Chi- 
 cago Law School. I beg to assure you that 
 the day will be duly observed by us with 
 special commemorative exercises, including 
 an address on the life and character of the 
 distinguished jurist whose name we all hold 
 in such veneration. 
 
 GEO. W. WARVELLE, Dean. 
 
 (Resolution adopted by the Bar Association 
 of San Francisco, Cal.) 
 
 Resolved, as the sense of this association, 
 that the project proposing to celebrate the 
 100th anniversary of the elevation of Chief 
 Justice John Marshall to the Bench of the 
 United States Supreme Court, formulated 
 and submitted by Mr. Adolph Moses, and 
 adopted by the Illinois State Bar Associa- 
 tion on July 7th, 1899, be and is hereby en- 
 dorsed and approved. 
 
 Re.^olved, that a copy of the above resolu- 
 tion be sent to Adolph Moses, Esq., Ii00-B12 
 The Temple, Chicago, III., by the President 
 of this association. 
 
 I certify that the foregoing resolution was 
 adopted at a stated meeting of the Bar A.s- 
 sociation of San Francisco, held on August 
 11th, 1899. WM. H. FIFIELD, 
 
 President. 
 
 (From Frederic S. Hebard, Chicago, ad- 
 dressed to Sec'y Hinkley.) 
 The Illinois State Bar Association has 
 very appropriately endorsed Mr. Moses' sug- 
 gestion that "John Marshall Day" be ob- 
 served. The day should be one of fervent, 
 dignified and equitable patriotism. 
 
 FREDERIC S. HEBARD. 
 
 (From John L. Bridgers. Tarboro, N. C.) 
 Your letter of the 24th inst. with enclosed 
 paper about the "John Marshall Day" re- 
 ceived. 
 
 I shall be glad to assist in the matter all 
 I can. JOHN L. BRIDGERS. 
 
 * * * 
 
 (From James A. Rohbach, Sec'y of Indiana 
 Law School.) 
 
 Indianapolis, Ind. 
 I assure you that the Indiana Law School 
 most heartily approves of the proposed 
 "John Marshall Day," and wishes the enter- 
 prise the reception and success it deserves. 
 I individually add my hearty endorsement, 
 and at first meeting of the Faculty of this 
 school will present the plan to that body, 
 and I know that they will concur in the mat- 
 ter. JAMES A. ROHBACH. 
 
 (Commercial Law League of America En- 
 dorsement.) 
 
 The following resolution was unanimously 
 adopted by the Commercial Law League of 
 America, at its 5th Annual Convention, at 
 Ashury Park, N. J... July 24-29, 1899; 
 
 Whereas, the Illinois State Bar Associa- 
 tion, at its late meeting held at Chicago, 
 endorsed the proposition of Mr. Adolph 
 Mosos, of the Chicago Bar, to celebrate Feb- 
 ruary 4, 1901, as "John Marshall Day," in 
 memory of the great event when Chief Jus- 
 tice Marshall first took his seat as Chief 
 Justice of the Supreme Court of the United 
 States; and 
 
 Whereas, The Commercial Law League of 
 America has been invited to lend its indorse- 
 ment to the project. 
 
 Be it Resolved, By the Commercial Law 
 League of America, that it heartily endorses 
 such a proposition, and that it will co-oper- 
 ate in such celebration, if the same be au- 
 thorized by the American Bar Association, 
 to whom the matter has been referred, at its 
 session to be held August 28, 29 and 30, 1899, 
 at Buffalo, N. Y. 
 
 (Resolution of the Virginia State Bar Asso- 
 ciation, adopted at its late meeting 
 at Hot Springs, Va.) 
 
 Resolved, That the Virginia State Bar As- 
 sociation regards with sentiments of warm- 
 est approval the movement recently inaugu- 
 rated by the Illinois State Bar Association, 
 upon the motion of the Hon. Adolph Moses, 
 of the Chicago Bar, to celebrate in an appro- 
 priate manner the coming centennial anni- 
 versary of the elevation of John Marshall to 
 the position of Chief Justice of the Supreme 
 Court of the United States. His exalted 
 character as a man, his pre-eminence as a 
 jurist, and his illustrious services in the 
 making of the Union, entitle him to the 
 lasting veneration and affection of all his 
 countrymen. The lawyers of Virginia with 
 peculiar pride will cordially unite in any 
 movement to commemorate his labors and to 
 e.xalt his fame. 
 
 Resolved, further. That a committee of 
 five be appointed by the president to com- 
 municate to the American Bar Association 
 at its approaching meeting the passage of 
 the foregoing resolution, and to correspond 
 with other bar associations and the bar gen- 
 erally, looking to the accomplishment of the 
 end in view, making a report of their ac- 
 tion at the next session of this association, 
 
 (Under the above resolution the president 
 appointed the following committee; Messrs. 
 Bev. B. Munford, L. L, Lewis. John A. Coke, 
 Jackson Guy and James P. Harrison.) 
 
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