10
THE MORNING OREGONiAN, WEDNESDAY, FEBRUARY 6, 1901.
HONG KONG DIRECT
Strathgyle Clears With a
Mammoth Cargo.
NEAR FIFTYTHOUSAND BARRELS
Xeiv Year Starting: in "With a Fine
Record September Ships ilnde
Good Passages Steamer From.
Europe by "War of the Sues.
It has only been three or four years
since Portland established a bis cargo
record by sending out over 40.000 barrels
in a single steamer. The size of the car
goes going from this port continued to in
crease until at the close of the last year
and the last century we had to our credit
20 cargoes which had averaged nearly
45,000 barrels each, and out of the lot
r.early a dozen could be selected which
would average very close to 4S.O00 barrels.
The new year is" starting out with 50.00Q
bairel cargoes, and within the past two
weeks two steamships have cleared from
Portland with a total of 100,773 barrels of
Hour for the Orient. The second vessel of
this pair of big carriers, the British
steamship Strathgyle, cleared yesterday
for Hong Kong direct with 49.813 barrels
of flour, J09 bales of hay, 100 sacks of bran
and 100 sacks of oats.
The Portland Flouring Mills Company,
of this city, supplied the full cargo for
the Strathgyle, 16,000 barrels of it being
placed aboard the steamer at Its mill in
Tacoma, and the remainder at the Alblna
mills in this city. The Strathgyle has no
freight for the Japanese ports, and will go
direct to Hong Kong. Another wheat
cargo was cleared yesterday at the same
time as the Strathgyle. The Province,
which was loaded by G. W. McNear,
cleared for Queenstown or Falmouth for
orders with 99,171 bushels of wheat, valued
at $56,628. She went out into the stream
yesterday, and will leave down the river
today or tomorrow. The Strathgyle will
leave down this morning.
BY THE SUEZ ROUTE.
Dodvrell fc Co. Will Dispatch, a
Steamer From London for Victoria.
Having the experiment of shipping Pa
cific Coast freight to Europe by way of
the Suez well in hand by dispatching four
steamers from Puget Sound by that route.
Dodwell & Co. will now try the husiness
from the other end of the line. They
have placed the British steamship Glenroy
on berth at London for Victoria and
Puget Sound ports by way of the Suez
and Oriental ports. The Victoria Colonist,
in discussing the matter, says:
"Hitherto the greater part of the
freight received by the merchants of this
telty from the United Kingdom has come
by sailing vessels there are now Ave on
the way and two on berth and now by
arrangement with the Glen line, Dodwell
& Co. have established a line of pas
senger and freight steamers between Lon
don and Victoria, the Glenroy being the
first of the fleet to leave London. Orders
are now being taken for freight space
on the vessel, and the prospects are that
she will have a good cargo. She Is ex
pected to arrive here In the middle of
May.
"It is expected that the sailing of the
Glenroy will be the first of monthly or
perhaps more frequent sailings, some five,
six or more vessels of the 31en line be
ing placed In the trade. Already there
have been three sailings from this side,
the Glenshlel, Glenfarg and Glenturret
having sailed from Tacoma for England
via the Orient. These will all be placed
in the service, sailing to Victoria and
the Sound.
"Already arrangements are being con
sidered for the shipping of some of next
season's salmon pack by these steamers,
for it may be. in course of time, that, al
though the freight rates are lower by
sailing vessel, much of the salmon pack
will be shipped to the United Kingdom
by this new steamship line, the time
gained by sending the salmon home by
steamer often counterbalancing the differ
ence in rates. On inward-bound freights
the establishment of the line will greatly
facilitate business, for merchandise will
bo received months quicker than it could
come by) sailing vessel."
SEPTEMBER'S FAST FLEET.
Portland Vessels Sailing: That Month
Beat Those From Other Ports.
The British ship Rlversdale arrived out
nt Falmouth last Saturday after a pas
sage of 127 days from this port. She was
the last vessel to sail in September, get
ting away on the 29th, and her arrival
leaves but one other September ship,
the Australia, still on the way. The
other ships sailing in that month which
have reported out were the Semantha,
in the fast time of 117 days, and the
Jupiter, in 125 days. The best time made
by any of the San Francisco September
ehlps was 130 days, and of the other three
which have reported out from, that port
all were more than 140 days on the way.
Two of the Tacoma September fleet have
arrived out in 127 and 129 days. All of
the August fleet of seven vessels have re
ported out in passages of from 105 to 146
days. Puget Sound had three August
ships, and but one of them has arrived.
The Italian ship Elisa, which left here
in October for South Africa, arrived out
January 6, after a passage of 90 days.
FOUXD PLENTY OF WATER.
Pilot Johnson, Who Toole Out the
Eva, Has Valuable Testimonials.
Captain Eric Johnson, one of the oldest
bar pilots on the Columbia River, was In
the city yesterday. Captain Johnson has
been in the service at the mouth of the
river either tugboating" or piloting for 30
years, and has never had a serious acci
dent with a vessel in his charge. By a
coincidence, it happened to be his "turn"
to take out each of the three big steam
ships, Ching "Wo, Kalsow and Eva, which
have left hore within the past 30 days.
They drew 25 feet 6 inches, 24 feet 9
Inches and 23 feet 9 Inches respectively,
and Captain Johnson received a statement
trom each of the captains that they found
plenty of water in crossing out. One of
these statements, signed by the captain
of the Evjfi is of special value at the
present time, as it will forestall the usual
Puget Sound He about the vessel being
damaged while crossing the Columbia bar.
Perils of a Bottomless Harbor.
TACOMA. Feb. 5. During the high
winds which prevailed Sunday, the Brit
ish bark Dunstaffnage dragged her moor
ings and came near fouling several ves
sels moored In the stream. That she did
no great damage was remarkable, as she
was drifting around the bay for several
hours, and at times was near rubbing up
against several vessels. As she drifted
towards Old Town, she bumped against
the British ship Andromeda, denting a
plate or two. She also touched the Ger
man ship Alsterdamm, but fortunately
did no damage. She was eventually picked
up by the harbor tugs and taken across
the bay to a safe anchorage.
Schooner in Dancer.
CAPE HENRY. Feb. 5. The
schooner John F. Kn. "z, of Boston, which
anchored inside the capes yesterday,
dragged her anchor during the northwest
gale that sprung up during the night,
and now lies dangerously near shore,
three miles inside the capes. Tugs from
Norfolk and Hfesavars from Cape Henry
and Seatack stations have gone to her as
sistance. The northwest wind, which
was blowing 42 miles an hour at 8 A.
M., dropped to 35, and the vessel may
hold on, although she is in danger of
striking when the tide ebbs.
Transport Charters Canceled.
SEATTLE, Wash., Feb. 5. By order of
the Quartermaster-General, the charters
of the Army transports Port Stephens and
Arab were canceled today. This action
indicates that in the future shipments
from Seattle to Manila will be made by
large ocean carriers owned by the Gov
ernment. Excelsior Arrives From Copper River
SEATTLE, Wash., Feb. 5. The steamer
Excelsior arrived from Copper River,
Alaska, today. Contrary to expectations,
she brought neither Nome passengers nor
mail. The Excelsior reports that the
steamer Bertha was at Port Valdes Jan
uary 19.
Contract for Moving: Lightship.
WASHINGTON. Feb. 5. The contract
was awarded to Allen & Roberts, at 517,
500, for moving lightship 50, to Baker's
Bay.
Domestic ind Foreign Ports.
ASTORIA, Feb. 5. Arrived at 9 A. M.
and left up at 12:30 P. M. British steam
ship Condor, from San Francisco for Cal
lao. Sailed at 12:30 P. M. British ship
Dora, for Queenstown or Falmouth for
orders. Condition of the bar at 5 P. M.,
smooth: wind northeast; weather hazy.
San Francisco, Feb. 5. Arrived Steam
er Willamette, from Oyster Harbor. Sailed
Steamer Umatilla, for Victoria; steamer
Argo, for Coquille River; schooner Henry
Wilson, for Gray's Harbor.
Seattle Sailed February 3 Steamer San
ta Ana, for Honolulu; steamer Toza, Maru
for Yokohama.
Port Townsend, Feb. 5. Passed In
Steamer Cottage City, from Alaska.
Seattle Sailed February 4 Ship Colum
bia, for .Honolulu.
Santa Rosalia In port January 31 Ship
Crown of Denmark, from Newcastle.
Seattle Arrived February 4 Steamer
Farallon, from Alaska.
Port Los Angeles Sailed February 4
Steamer Mateo, for Nanalmo.
Seattle Sailed February 4 Steamer Al
Kl, for Skagway.
Hamburg Sailed February 2 British
ship Ballachullsh, for Santa Rosalia.
Hong Kong, Feb. 5. Sailed Monmouth
shire, for Portland. Or.
Plymouth, Fob. 5. Sailed Pretoria, from
Hamburg for New York.
New York, Feb. 5. Sailed Tauric, for
Liverpool; Anchorla, for Glasgow.
St. Thomas, Feb. 5. Arrived Cruising
yacht Prlnzessen Victoria Luis, from New
York, etc.
Gibraltar Arrived February 4 Hohen
zollern, from New York for Naples and
Genoa.
Glasgow, Feb. 5. Arrived Sarmatlan,
from Boston.
CUBA'S LOAD OF DEBT.
Frye Says Some Means Should Be
Found to Repudiate It.
NEW YORK,Feb. 5. Senator Frye, of
Maine, president pro tern, of the Senate,
ranking member of the committee on for
eign relations, and a member of the Amer
ican Peace Commission which negotiated
the Paris treaty, is quoted In a Washing
ton special to the Tribune as saying of the
more weighty Issues Involved In the Cuban
situation:
"First and foremost. I place that stu
pendous bonded debt which Spain fast
ened upon the revenues of Cuba Just be
fore Spanish sovereignty was destroyed
in the island by this country's armed In
tervention. That debt, as I recollect, was
between $600,000,000 and $700,000,000, and
not $500,000,000, as generally stated by
the newspapers. I recall distinctly the
efforts that were made while we were
negotiating the peace treaty at Paris to
have us make provisions for the payment
of that debt. This we had neither the
desire nor the power to do. I do not hes
itate to say that we now owe it to Cuba
to get Into the constitution by soma
means a clause plainly, positively and un
equivocally repudiating the debt. If this
Is not done Cuba will start with a burden
that will crush her. Cuba never can
pay the stupendous sum that was as
sessed against her revenues, though I
feel certain that Spain and France, whose
citizens own nearly all the bonds, which
they purchased for the most part at a
very low figure, will demand full pay
ment just as soon as Cuba has declared
Independent sovereignty.
"By what method we can get an out
right repudiation of this enormous debt
in the Cuban constitution I am not now
prepared to say. This will have to be de
cided by future events. I am certain that
Congress cannot approve, reject or In any
way amend or modify the Cuban consti
tution. The Teller resolution in letter
and spirit prevents that, but I see noth
ing in the way of Congress discussing the
Cuban constitution at the proper time
and advising the Cubans what to do with
that instrument for their own good."
Senator Gallinger, of New Hampshire,
is quoted after some comment. by him
on the Teller resolution, as follows:
"Wo freed Cuba, and therefore are re
sponsible for her welfare. But the Cu
bans have not had the graclousness or
gratitude to put into their constitution a
single word indicating that they owe any
thing to this country. At the same time,
if Cuba should be attacked, the Cubans
would look to us to save them, and who
doubts that we would do this with our
money and blood if necessary?
"Suppose, for example, that France or
Spain, one or both, whose citizens own
that enormous bonded debt put upon Cu
ba, should send warships into the har
bor of Havana, the capital of free. Inde
pendent and sovereign Cuba, to enforce
payment of these bonds. Would not Cu
ba 6end up to us a pitiful wall for help,
and would wo not have to go to her res
cue with our warships and our armies?
This is in no sense an impossibility, as
long as there Is nothing in the constitu
tionthe organic law of Cuba recognis
ing the right of the United States to ex
ercise general supervision over Cuban af
fairs and destiny.
"But this Is too big a question to be dis
cussed off hand. It Involves some very
serious and extremely delicate matters,
and calls for caution, calm judgment and
far-sightedness. I do not know what
the outcome will be, but I do know that
this Government should not be hurried
into a final determination of the status of
Cuba."
Says He Is Charlie Ross.
CHICAGO, Feb. 5. Eugene I. Gowell
visited police headquarters today and an
nounced that he was the long-sought-for
Charlie Ross, who was kidnaped from
Germantown, Pa., In 1S74.
"I remembered nothing of the kidnaping,
because I believe I was drugged, and this
left my mind temporarily a. blank," said
Gowell. "I have a dim recollection of
comfortable surroundings and a home by
a running brook. However, I was brought
up in Los Angeles, Cal., by Carrie Rob
bins, who I believed to be my mother.
She married one John or William Gowell,
and I took her husband's name. The
fact that I was only an adopted child was
told me by my half-brother Clarence.
Some years ago I left home, and have
since traveled about the country. Mr. and
Mrs. Gowell still live in Los Angeles. Some
time ago I told my story in Logansport,
Ind., and was adjudged Insane for my
pains."
Prisoners Burned to Death.
COLUMBIA, Mo., Feb. 5. Henry Arthur
and Clifford Christian, t wo young men
who had been arrested for interfering with
a dance, were burned to death in the
jail last night. They were intoxicated.
Not realizing what they were doing, the
mea set fire to the 4ail and perished. A
woman prisoner escaprd by breaking
I through a wjndpw
IN MARSHALL'S PRAISI
SPEECH OF JUDGE WILLIAMS AT
SALEM.
Eloquent Eulogy on the Character
of the Great Jurist and Statesman
.Nation's Debt to Him.
SALEM, Feb. 6.-Followlhg is the full
text of Judge George Hi Williams' speech
delivered lust night at the John Marshall
centennial ceremony In the Stale Capitol:
Hon. George It. Williams' Address.
Daniel Webster, In one of his great
speeches, said: "By ascending to an as
sociation with our ancestors, by con
templating their example and studying
their character; by partaking their senti
ments and imbibing their spirits by ac
companying them In their tolls, by sym
pathizing in their sufferings and rejoicing
In their successes and trlutnphs, we Min
gle our existence with theirs and seem
to belong to their age." Today we com
memorate the appointment 100 years ago
of John Marshall as Chief Justice of the
Supreme Court of the United States and
ascend with hearts full of pride and
gratitude to an association with the men
and events of that day. Washington,
Madison, Hamilton, Jefferson and many
others not less worthy were working out
the problem of Belf-goVernment, but In
this constellation Of patriots and states
men none shone with a clearer, steadier
and stronger light than John Marshall.
Whatever may have been the shortcom
ings of Virginia In modern times, when
she was a iolony, she was old enough and
good enough to produce men whose deeds
shed Imperishable luster upon the his
tory of our country. Washington deserv
edly and by universal consent holds the
first place In the hearts of his country
men, but if merit Is to be determined
by the value of his services, then next
to Washington among Virginians John
Marshall "leads all the rest."
To say this is not to disparage the
great abilities or merits of Madison, Jef
ferson or others, but to say that Mar
shall had greater opportunity than his
compeers to render valuable services to
'Ms countrv. And I may add that Jef
ferson and Madison made some serious
mistakes as to matters of government,
but none of any consequence was ever
made by Marshall. Thomas Jefferson
devoted his great talents and influence to
the cause of his country in the War of
the Revolution, but when the independ
ence of the colonies was achieved, he
differed from Washington, Hamilton, Jay
and others as to the nature of the gen
eral Government and the rights of the
states, and his resolutions of 1798 In
cubated by slavery finally broke out into
a bloody war for the dissolution of the
Union. Madison was Infected with the
same ideas as Indicated in his Virginia
resolutions of 1799, but In his old age
he became more conservative and more
favorable to the supremacy of the Fed
eral Government.
Marshall, from the beginning of his
public career to the end of his life,
builded. supported and defended an. in
destructible Union under a Government
within Its Constitutional limits, of abso
lute sovereignty over the states. Wash
ington, Hamilton and Adams, with their
followers, called "the Federal party," fa
vored a broad and liberal construction
of the Constitution adequate to the
growing necessities of the country. Jef
ferson, Madison and their followers,
called "the Antl-Federallsts," held to a
strict and narrow construction of the
Constitution. Though the Federal
party, on account of its views on the
Constitution, went down, the drift of
all political parties of the present day is
in favor of the Federal theory of the
Government. I can remember the time
when the dominant party of the country
held that appropriations by Congress for
a system of internal improvements were
unconstitutional, but now all parties
hold otherwise, and the statesmanship of
a Senator or Representative In Congress
Is measured by the amount of money he
can extract from the public treasury to
Improve the locality in which he lives.
One of the main Issues In the late Pres
idential election was as to which party
had gone, or would go farthest, through
Congressional legislation to regulate and
control the business affairs of the coun
try, which formerly were supposed to
belong exclusively to the states. One of
the mischievous tendencies of the time,
in my Judgment, Is to make the general
Government too much the guardian and
benefactor of individual and local Inter
ests. Great men are born and not made by
education or opportunity, but opportun
ity is as necessary to the display of
greatness as sunshine is to the growth
of vegetation. No doubt multitudes of
men as great as any named In history
have lived and died In obscurity for the
want of an opportunity to exploit their
greatness. Washington, without the Rev
olution, might have continued a respect
able planter of Virginia. Lincoln, with
out the slavery agitation, might have con
tinued a lawyer of local fame In Illinois,
and Grant might have remained a hum
ble tanner at Galena, without the War
of the Rebellion. But great men come
with great opportunities and the world
resounds with their fame. Marshall was
a great man, and he had greater oppor
tunities than his contemporaries to show
his greatness. He was appointed Chief
Justice In 1S01, when our Government
was in a chrysalis state, and long after
Washington, Adams, Jefferson, Madison
and Hamilton had retired to private life
he was placing pillars of strength and
stability under the Constitution of the
United States. I do not underestimate
the value of schools in saying that, while
they may cultivate, they cannot create,
greatness. No man can be a great poet,
painter or judge, whether his learning be
little or much, without an Inborn apti
tude for his business. I have seen bril
liant lawyers elevated to the bench who
made poor Judges. I have seen others
with little repute at the bar make good
judicial officers, because they possessed
by nature a strong and Intuitive sense of
right and wrong. Theoretically, courts
are organized to administer justice be
tween man and man, and he whose mind
Is so constituted that, out of the conflicts
of litigation, he can make a righteous
judgment, has the first qualifications of
a good Judge. I doubt very much wheth
er the multitude of law books and
the wilderness of judicial decisions
we now have are of much, if any, ad
vantage to our courts, and my reason
for this impression is, that 75 and 100
years ago, when Marshall and Kent
were Judges and law books were com
paratively scarce, the decisions of the
.courts in those days at least were as
good as they are at tne present time,
founded, as the decisions now are, more
upon precedents than upon principles.
On the 24th of September, 1755, just as
the sheen of Summer was passing into
the gold and russet of Autumn, a man
child was born In Fauquier County, in
the colony of Virginia. His name was
John Marshall. Virginia was then a
new country, sparsely settled with white
people, and most of her mountains,
streams and forests had never been dis
turbed by the land of civilization. Na
ture In her primordial freshness and
beauty was the primary department in
the education of Marshall. Like Wash
ington and Lincoln, he was a scholar
without the benefit of schools. Parental
instruction and his own resources were
his sole dependence In his early boy
hood. To acquire learning under such
circumstances Is to learn to be indus
trious, courageous and self-reliant. Men
who are educated in this way are apt to
make their mark in the world. Ambi
tion with native vigor of Intellect Is the
key to success and It makes little differ
ence in the end to a Lincoln whether he
goes through college or reads his books
In a log cabin by the light of a blazing
pine knot. One of the surprising things
about Marshall was his literary and pro
fessional attainments, in view flf his
limited opportunities for an early edu
cation. His parents were his only teach
ers until he was 14 years of age. When
he had learned to read, Shakespeare, Mil
ton and Pope were about the only books
to which he had access. To study
books like these, away from the allure
ments .of social life and where unsullied
Nature 'glows In the stars and blos
soms In the trees' opens the youthful
mind to grand eQfleeptlefls ef a future
career. Between the age 6f 14 and
13 years Be was favored wilfa instruction
by a private tutor, and with qualifications
acquired In this way, he determined to
enter upon the practice of the law. He
commenced to read Blackstone, but the
premonitory convulsion of the approaeh
lng Revolution drew him away frorfi his
books to a field of excitement, turmoil
and dangeft
Patrick Henry's ringing words, "Give
me liberty or give me death!" spread like
wildfire through the settlements of Vir
ginia, and military companies were
formed to emphasize this sentiment.
Whett Marshall was 19 years of age he
was made a LleutenaAt of One of these
companies, aHd thenceforward for five
yedrs devoted all the energies of his
mind and body to the military service- of
his country. He was subsequently ap
pointed General by the Legislature of
Virginia, arid thereafter, until he became
Chief Justice, was knowtt as General
Marshall. Few men have been fortunate
enough to be distinguished as soldier,
statesman and jurist, but distinction as
to all these justly belongs to Marshall.
Not to mention minor engagements. Mar
shall commanded a company In the
bloody battles of Brandywlne, German
town and Monmouth and was highly
commended by Washington for his skill
and gallantry. But more than elsewhere
his sterling and soldierly qualities were
displayed at Valley Fore. Washington,
after his defeat at Germantown, with
drew his exhausted troops to this place
for Winter quarters. Here officers and
men alike were exposed to the rigors and
hardships of an unusually severe win
ter. The weather was extremely cold
and the snow knee-deep. Hastily and
rudely constructed huts were the only
protection from the pitiless storm. Many
of the men were half naked; few had
blankets or shoes, and frequently were
without anything to eat. Washington,
referring to Valley Forge, truly said
that "no history now extant can furnish
an Instance of an army suffering such
uncommon hardships as ours has done
and bearing them with the same pa
tience and fortitude." Marshall was un
daunted under these trying circum
stances. He devoted himself to the care
Of the men. COmfdrterl ho cuffarlni.
visited the sick, encouraged the despond-
cm ana was a ngnt and Joy to that
dreary and dismal camp.
When he was 24 years of age, after
attending a course of law lectures by
cnancellor Wythe, he commenced the
practice of the law in Richmond. He
rose rapidly to the front rank of his
profession. He was no orator like Pat
rick Henry, but what he lacked in bril
liancy he made up In strength. He was
tall. lean and angular, ungraceful in his
gestures, slovenly In his dress, much
like Lincoln In these respects, but his
mind was active and lgorous and his
speeches lemarkable for their clearness,
conciseness and force. Marshall was a
Federalist and believed that govern
ments were made to govern, and his po
litical friends soon put him forward as
their candidate, and In 1782 he was
elected to the Legislature of Virginia
and twice re-elected.
Local matters were largely absorbed In
the great and burning questions concern
ing the character and powers of a general
Government; the deplorable' condition of
the finances of the country, and the claims
of the poor and unpaid soldiers of the
Revolutionary Army. Whether or not there
were those In that Legislature who fa
vored a dissolution of the confederacy is
a question, but it is an undisputed fact
that there was a powerful party opposed
to any essential change In the articles of
confederation, and who ravored the prac
tical sovereignty of the several colonies
within their respective Jurisdictions. Mar
shall from the beginning was fearless and
determined In his contention that the ar
ticles of confederation were inadequate
to a perfect union, and that there ought
to be a better organized and more efficient
general government. To Marshall more
than to any other man Is due the decision
of Virginia to hold a convention to deter
mine whether or not she would accept or
reject the Constitution. Patrick Henry,
James Madison, James Monroe, John Mar
shall, Edmund Randolph and many of the
most distinguished men of Virginia were
members of that convention.
Such was the state of affairs that upon
the decision of this convention depended
the creation of a natural unity or a re
lapse by the colonies Into Independent and
rival communities. Patrick Henry, James
Monroe and George Mason were the lead
ers of those opposed to the Constitution,
and John Marshall, James Madison and
Edmund Randolph were the leaders of
those who favored its ratification.
Patrick Henry opposed the Constitution
with all the fervor and force of his elo
quence, especially upon three grounds.
First, he argued that it was dangerous to
lodge the power of taxation in Congress,
as that body would be likely to oppress
and rob the people; and contended that
the General Government should depend
for Its revenues upon the voluntary con
tribution of the states; second, he claimed
that Congress ought not to have the
power to declare war, and contended that
the exercise of this power would end In a
military despotism and that the military
forces of the Government would overrun
and subjugate the people, arguments with
which we became quite familiar In the
late Presidential campaign; third, he op
posed the establishment of a Supreme
Court because, as he said, it would usurp
powers not delegated to It, and destroy
the governments of the states. It is easy
to see that if these views had obtained
the Union would have been little stronger
than a rope of sand. Marshall confronted
Henry upon all theBe points with great
power and success, and the convention
ratified the Constitution by a majority
of 10 votes. It Is Impossible to speak too
highly of the services of Marshall in this
convention.
In 178S he became a member of the State
Legislature of Virginia. Washington was
then President, and his administration
was bitterly opposed by a majority of this
body, and to such an extent was their
hostility carried that when a resolution
was offered expressing confidence in the
virtue, patience and wisdom of Wash
ington, a motion to strike out the word
"wisdom" was lost by a bare majority.
Marshall here, as elsewhere, was a stead
fast friend and supporter of Washington's
administration. John Jay had made a
treatv with Great Britain, containing
provisions regarding the commerce of the
two countries, which the President had
approved. Thl3 treaty intensified the ani
mosity of the anti-Federalists to the Ad
ministration. They denounced it as un
constitutional, insulting to the dignity and
Injurious to the Interests of the American
people. Marshall defended the treaty in
a speech that gave Win a National reputa
tion. President Washington had a pro
found respect for the abilities and char
acter of Marshall, and offered to make
him Attorney-General and send him Min
ister to France, but, desirous of devoting
himself to his profession, he declined
these appointments. France, at this time
in the hands of a directory with the able
and unscrupulous Talleyrand as its mas
ter spirit, had seized and confiscated our
ships, upon the pretext that Washington
had said something in one of his messages
offensive to that country, and that the
Jay treaty was Inimical to its interests.
Washington, anxious to avoid war, ap
pointed Marshall, Pinckney and Gerry
envoys extraordinary to adjust the diffi
culties, if possible, without an appeal to
arms. When these envoys arrived in
Paris they were insulted and treated with
marked disrespect, and told that they
would not be allowed to open negotia
tions before they had. paid the directory
$250,000 and arranged for a loan by the
United States to France. Marshall's cor
fespetldenee with Talleyrand as to these
matters is Highly creditable to his head
and heart, and though dignified and mod'
erate in tone, was very pointed, that not
a moment's consideration would be given
to these mercenary proposals. Nothing
came from this embassy and the envoys
returned home to be honored by their
fellow-cltlzens fo"r the stand they had
taken for the dignity and honor of their
country. I have had some little insight
Into European diplomacy, and where
venality does not control, It Is little more
than a refined system of lying and fraud.
False professions of friendship and amity
are constantly put forward to conceal sel
fish schemes or ulterior designs upon the
integrity and peace of the country to
which the professions are made.
Washington was anxious to have Mar
shall enter Congress, and with reluctance
but in deference to the wishes of the ex
President, in 1799, he became a candidate
for that office. He was attacked In the
most venomous manner, and with all our
admiration for our Revolutionary fathers,
It must be admitted that the vituperation
and scurrility of party warfare in those
days were equal at least to anything of
the sort we have In modern times. He
was elected by a small majority, and one
of the first duties he had to perform after
taking his seat was to announce the death
of Washington and Introduce suitable res
olutions, prepared by General Lee, in
which appear for the first time those fa
mous words, "First in war, first In peace
and first in the hearts of his countrymen."
His speech upon that occasion was
a tender and touching tribute to his dis
tinguished and departed friend. On the
13th of June, 1800, he was appointed Sec
retary of State by John Adams, but his
administration of that office was brief, as
the Presidential term of Adams expired
on the 4th of March, 1S01, and Marshall
was confirmed as Chief Justice on the
4th of February, 1801.
When the Jay treaty was made, France
assumed an attitude of hostility to the
United States, and afterward, when we
made a treaty with France, England as
sumed a similar attitude, each power pre
suming to thrust its own Interests Into
our affairs. Touching these matters,
Marshall, as Secretary of State, sent a
dispatch to Mr. King, our Minister in
London, in which he said: "The United
States do not hold themselves in any de
gree responsible to France or to Great
Britain for their negotiations with one or
the other of these powers. We have re
pelled and will continue to repel Injuries
not doubtful In their nature, and hostili
ties not to be misunderstood." It is in
teresting to note the difference between
the supercilious treatment of us by these
countries, when we were weak and ex
hausted by the Revolutionary War, and
the distinguished consideration they has
ten to give us at the present time.
Marshall was 46 years of age when he
was appointed Chief Justice. Several
pen pictures were made of him at the
time. One writer describes him as a per
son tall, meager, emaciated, his muscles
relaxed, his Joints so loosely connected as
not only to disqualify him apparently for
any -vigorous exertion of body, but to de
stroy everything like harmony in his air
and movements. Another said of him:
"He is of a tall, slender frame, not grace
ful or Impressing, but erect and steady.
His hair Is black, his eyes small and
twinkling, his forehead rather low, but
his features are in general harmonious.
His manners are plain, yet dignified, and
an unaffected modesty diffuses itself
through all his actions." Daniel Webster
spoke of him as a plain man, and further
said: "I have never seen a man of whose
intellect I had a higher opinion." Accord
ing to these descriptions I have been
struck with the resemblance between Mar
shall and his eminent successor, Chief
Justice Taney, whom I had the pleasure
of meeting In 1S52. Taney was tall, thin
and meager In person, with a remarkably
low forehead, black, piercing eyes, and
sharp, strong features; but he was the
Impersonation of dignity and a typical
specimen of an old-fashioned courtly gen
tleman. Taney's opinion in the Dred Scott
case will compare favorably with the opin
ions of Marshall as an intellectual effort;
but the difference is this: Taney's opin
ion is an ingenious framework of logic,
standing, or trying to stand, upon its
apex, while the opinions of Marshall are
solid structures of reasoning, standing
upon a broad, deep and permanent foun
dation. On the 26th of September, 1789, the Su
preme Court was organized, with John
Jay as Chief Justice, who held the office
until 1795. Rutledge held the office for
one year, and then Ellsworth until 1S01,
so that when Marshall was appointed, the
court had been in existence about 11 years
and was just upon the threshold of Its
great responsibilities. We can have but a
feeble conception of tho difficulties con
fronting this new form of law and justice.
Here was a court without any precedent
In history, with powers never before con
ferred on any Judicial tribunal, starting
out on a career very much like the ex
periment of Columbus In sailing out upon
an unknown ocean, wltnout knowing what
he would discover or where he would land,
or whether or not his voyage would be a
disastrous failure. Many, perhaps a ma
jority, of the people of that time looked
upon this court as a disguised enemy to
the liberties of the people. Its most san
guine friends had doubts and fears as to
its harmonious working with the other
departments of the Government. While
it may be true, as Gladstone said, that
"the American Constitution Is the most
wonderful work ever struck off at a given
time by the brain and purpose of man,"-it
is also true that without a tribunal of
final resort to Interpret, construe and en
force Its provisions. If not a dead letter.
It would be the subject of unhappy and
endless disputation.
Primarily, and as applicable to all Its
parts, was the great question, whether
or not it should be strictly or liberally
construed; or, In other words, whether it
should be construed according to the letter
that killeth, or the spirit that glveth life.
All those opposed to the adoption of the
Constitution, and the Republicans, as the
anti-Federalists were then called, with
Jefferson at their head, contended for a
strictly literal construction, because they
were Jealous of the Jurisdiction of the
Federal Government and sensitive to the
rights of the states; but Marshall with
tne wisdom of a seer, and the prevision
of a prophet, was of a contrary opinion.
Referring to this subject in the case of
Gibbons vs. Ogden, he said: "If counsel
contend for that narrow construction
which, in support of some theory not to
be found in the Constitution, would deny
to the Government those powers which
the words of the grant, as usually under
stood, Impart and which are consistent
with the general views and objects of the
Instrument for that narrow construction
that would cripple the Government and
render it unequal to the objects for which
it Is declared to be instituted and to
which the powers given as fairly under
stood render it coihpetent, then we cannot
perceive the propriety of this strict Con
stitution, nor adopt it as a rule by which
the Constitution is expounded."
Taking all his opinions together, his
idea of the Constitution seems to have
been that expressly or by implication it
granted to the General Government all
the necessary and proper means to estab
lish justice, insure domestic tranquillity
and promote the general welfare, and that
these means were largely discretionary,
but at the same time he recognized the
doctrine that the General Government was
one of delegated and limited power. It Is
easy to see that to draw the line, of de
markatlon between what was granted and
what was withheld by the Constitution
required great good judgment, and a com
prehensive view of the objects artd pur
poses of the Government. One of the
important questions arising at an early
day was whether or not the Supreme
Court had a right to declare an act of
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Congress void upon the ground that it was
repugnant to the ConstituUon. This
question was decided by Chief Justice
Marshall, delivering the opinion of the
court In the celebrated case of Marbury
vs. Madison, in which it was held that
an act of Congress conferring original Jur
isdiction upon the Supreme Court In a
mandamus case was unconstltuUonal and
void. Some politicians have complained
of this decision, but its correctness can
not be successfully challenged.
No decision of Marshall's has been more
severely criticised than his decision in
the Dartmouth College case. The court
held In that case that a charter granted
to the college was a contract, and that an
act of the legislature of New Hampshire
changing it was void, under that clause
of the Constitution providing that no
state shall pass any law impairing the
obligation of contracts. Much has been
said about the protection this decision
gives to corporations, but be that as It
may, It stands like a gleaming rock to
support the supremacy of the Constitu
tion and the inviolability of contracts.
Marshall delivered the opinion of the court
in Fletcher vs. Peck, In which it was
held that a grant of land by the State of
Georgia was an executed contract and
that an act of its legislature revoking
the grant was unconstitutional and void.
In the case of McCulloch vs.. Maryland
he defined the words "necessary and prop
er" in that clause of the Constitution
providing that Congress shall have power
to make all laws necessary and proper
to carry Into execution the powers grant
ed, giving to them a broad and liberal Im
port so that the general Government
might provide for the varying exigencies
of Its administration. In the case of Gib
bons vs. Ogden he decided, delivering the
opinion of the court, that Congress had
the right to exercise exclusive jurisdiction
JJ . oi,m nf nvimhi
waters of the United States. I have
referred to these decisions not so much to
discuss or defend them as to show that
John Marshall was a firm and consistent
protector and defender of the Consti
tution and of a strong, efficient and suc
cessful general government,
SuDDOse instead of Jay, Marshall, Ells
worth and their associates, the Judges had
been of those who held with, the Ken
tucky resolutions of 1798 to the effect that
a sovereign state had a right to nullify
the acts of Congress, there Is reason to
apprehend that the Union would have
fallen to pieces at the start and rebel
lion would have triumphed through the
Supreme Court. Suppose instead of Lin
coln, when the rebellion broke out, the
President had been of those who held
that the general Government had no
power to coerce a sovereign state, it is
highly probable that Instead of the joy
ousness of this day we should be sor
rowing over the "broken and disjointed
fragments of a once glorious Union." I
do not know whether the "Father of Mer
cies" interfere in a special manner
for the protection of men and nations
or not, but when I consider how near our
Union has been to destruction and how
wonderfully we have been preserved as a
Nation I am sure that faith can find
nowhere better evidence of the spclal fav
or of Drvlne Providence to a people than
In the history of our country for the last
100 years.
An Interesting episode in the life of
Marshall was the trial of Aaron Burr.
Burr In respect to his abilities stood In
the fourth rank of the men of his day,
but if what is said of him is true he was
Z,h iiir. Miitnn-.. TWial-
much like Milton's Belial
He seemed
For dignity composed and high exploit.
But all was false and hollow.
He was Indicted for treason and his trial
came on at the Richmond circuit. Chief
Justice Marshall presiding. No man ever
in tlio TTntfert Sfntps with Twrhnr thn
exception of Benedict Arnold, was so In- I acter, and know of no reason why he
mensely hated as Burr was at this time. ! should not stand as an Ideal for the legal
He had killed Hamilton in a duel and be- profession. All lawyers can not be as
trayed and abused the confidence of Jef- great as Marshall was, but all lawyers
ferson and his friends. All the Influence can be as great as he was In all that con
of the Administration, with Jefferson as stitutes the beauty of a character. Mar
Presldent, was -thrown in favor of the shall was an author as well as a soldier,
prosecution, and there was a hurricane of statesman and jurist, and wrote an ex
noDular clamor for his conviction, not- ' haustlve and accurate life of Washing-
withstanding which Marshall decided that
the evidence was Insufficient to support
the indictment and Burr was acpultted.
Shafts of indignation, envenomed by
party rancor, were hurled . at the head
of the Chief Justice for this decision, but
to no purpose.
No flro, nor foe nor fate, nor right,
This Trojan hero did affright.
Music and banners, the shouting of cap
tains and the surrounding excitement
inspire the soldiers on the field of battle
to deeds of daring, mit tne real neroes or
the world are men, who, with nothing to
encourage them but their own convictions
of duty, stand like a stone wall between
the friendless and forsaken and the fury
of the mad and unreasoning multitude.
I am proud and happy to say, after more
than 50 years of experience at the bar,
with few exceptions our Judges have been
men of this description. Bishop Potter
Is reported as having said that a majority
of the people are of the opinion that the
Judges of our courts are purchasable. I
do not believe a word of it and in fact I
know better, and will venture to say that
as to the intelligence. Integrity-and cour
age and in public estimation our Judges
will compare favorably with the clergy
men of our country. Bishop Potter not
excepted. Moral more than physical cour
age Is the safeguard of our National life.
Law, Justice, truth and virtue are the
essential elements of our social existence,
and their practical ascendency depends
largely upon their fearless support by
the pulpits, press and courts of our coun
try. I am aware that we are apt to exag
gerate the wisdom and virtues of our
ancestors, but there 13 no doubt but that
the men who argued cases before Mar-
If In dcubt, oar physicians will
ROCHESTER, H. Y.
shall were among the greatest, if not the
greatest lawyers this country has pro
duced. Webster, Pinckney, Hopkinson,
Martin, Ogden and Wert were some of
the leading members of the bar who
practiced In the Supreme Court. Let us
imagine ourselves In the courtroom when
the case of McCullock vs. Maryland is be
fore the court. Sitting on the right of the
Chief Justice Is Bushrod Washington,
Johnson and Livingstone and on his left
Duval and Story. All are clad in
black silk robes. No sound disturbs the
impressive silence. All eyes are fixed
upon and all ears open to hear the great
lawyers. Webster, Wert and Pinckney
are on one side and Martin, Hopkinson
and Jones on the other. The question
Is, whether Maryland has a right to tax
a branch of the United States bank locat
ed in that state. Webster opens for the
bank. Slowly and clearly he states the
issues of the case and then as he pro
ceeds to expound the Constitution he be
comes more animated. His swarthy com
plexion lightens up, his big. black eyes
glow in their deep sockets, and with argu
ment dovetailed into argument he seems to
build an Impregnable fortress around his
client. Attorney-General Wert follows on
the same side with a speech Interesting
and attractive for its rhetorical excel
lence. Hopkinson and Jones, both emi
nent In their profession, each make an
able argument for the state, and then
comes Luther Martin, who stands at the
head of the Maryland bar. He denounces
the encroachments of the Federal Gov
ernment and pleads with all the earnest
ness of his ardent nature and all the
force of his great abilltise for the rights
of his native state. Expectation is now
on tiptoe to hear the eloquent Pinck
ney. He rises with an air of perfect con
fidence. He attacks the states' rights
aownne wun xremenaous energy, xae
! makes the corridors of the courtroom
doctrine with tremendous energy. He
echo with his resonant voice. All are
charmed with the forcefulness of his logic
and the splendor of his language. Judge
Story said of this effort by Pinckney that
he had never heard a greater speech In
his life. The court held unanimously
that the bank was a proper fiscal agent
of the Government and not subject to the
taxing power of a state.
Marshall's opinions are quite elaborate
but they contain no pedantic display of
learning or useless glitter of words, but
move on In simplicity and strength like
I the current of a deep river to their lr-
refraglble conclusions. I can judge of tha
I merits of Marshall as a public man by
his official acts and opinions, but I have
I to depend upon his biographers for any
I account of his private life. According
to these he was attentive, patient and
' courteous upon the bench, amiable and
, affable In society, simple and unpreten
I tlous in his manners, and exemplary in
his habits. His home, when not occupied
with the courts, was a farmhouse, where
I he was accustomed to lay aside his Ju
I dlclal dignity and pitch quoits with hl3
farmer friends, an amusement In which he
delighted and in which he excelled. He
was a loving and lovely man In his family,
and when his wife died, with whom he
had lived happily for 48 years, he was
i overwhelmed with grief and would not be
comforted. I hold that the true value of
a man Is determined by his family and
1 social relations. Men In public life In
tent upon notoriety may be heartless
and unscrupulous, and under false colorB
win favor and applause, but in the home
and at the fireside no such disguise can
. e assumea una xue mn y wu
he appears to be. The hearthstone Is
the touchstone of real worth.
Most men in the religious, professional
and political world have an Ideal an em
bodiment of what he would like to be.
Though without doubt Marshall had pas
sions and feelings like other men, i nave
i discovered no serious flaw in his char
ton. He was also a member of the
constitutional convention of Virginia In
1S30 when he was 75 years old and was
treated by that body with all the vener
ation and respect due to his great ago
and experience.
I was admitted to practice In the Su
preme Court of the United States 35 years
ago and have learned to look upon that
court as a great tribunal, the greatest m
the world. Forty-five states with 76,000,000
of people submit to Its jurisdiction and
abide by its decisions, and upon this fact
we mav anchor our hopes for the future
preservation and domestic peace of the
American Union. Constitutions and
creeds, churches and courts are more or
less responsive to public opinion, but the
Supreme Court of the United States Is
as far removed from the Influence of
passion and prejudice as It Is possible for
a human tribunal to be. Sitting In the
Capitol, midway between the two houses
of Congress and Independent of both, this
exalted and serene tribunal holds the bal
ances of the Government with a firm
and equal hand.
Anniversaries like these are Instructive
and salutary and appeal to us from the
sacred precincts of the tomb to avoid the
mistakes and emulate the virtues of the
great and good men who have adorned our
history. John Marshall, at the ripe old
age of 80, and after he had been Chief
Justice 34 years, to borrow from the lit
urgy of the Episcopal church, to which
he belonged, "was gathered to his fathers,
having the testimony of a good conscience,
in the communion of the catholic church,
In the confidence of a certain faith; in the
comfort of a reasonable religious and
holy hope, In favor with God and in per
fect charity with the world."