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this matter before the American Bar Association, complied with that request and were eminently successful in getting appropriate action upon a memorial presented. The National Bar Association appointed a committee of fifteen to take charge of that subject, and as has been reported by Mr. Moses, there is every prospect of the anniversary being celebrated with appropriate ceremonies throughout the United States. We have embodied in a written report, which I shall not read, the action before the American Bar Association, and I will ask to have that placed on file and published with the proceedings of the Association.

In this connection I wish to say that the American Bar Association met at Buffalo, and at the same time the International Bar Association held a meeting. Each was largely attended and interesting programs were carried out. Illinois, in the American Bar Association, has one hundred and ten members, among the largest number from any State. Members from Illinois were placed upon important and appropri ate committees, and took their full share in the conduct of the proceedings of that body. I think we had ten or twelve members of this Association present; from those that were there, Mr. Sherman was elected one of the Vice Presidents of the Association; Mr. Moses took a very prominent part in the presentation of the memorial as to "John Marshall" Day, and on other subjects; and Mr. Orendorff was appointed upon the General Council. The local Council from Illinois consisted of C. S. Thornton, Thomas Dent, F. J. Smith, H. W. Rogers, Jesse Holdom and Blewett Lee. Mr. Bond, of this Associa tion, took a prominent part, being the Presiding Officer, I believe, of the Department of Patents.

The next meeting of the Association is to be at Saratoga, on the 29th, 30th and 31st days of August. The program that has been prepared is one of unusual interest, taking up largely the same subjects that are discussed in our State Bar Association, and I believe that Illinois is to be represented by

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Mr. George R. Peck, who delivers the annual address before the Association. I would say that while heretofore the American Association has to a large extent been dominated by eastern influences, that the west is now coming to the front, and has its full share upon the Executive and other important Committees. I think it is desirable that Illinois should be more largely represented at these meetings. It is certainly a pleasant outing to go to Saratoga, and not only pleasant but profitable to all who may see fit to be present. I will place the remaining portion of the report in writing so that the Secretary may have it.

PRESIDENT WOOD:

The Chair understands that there are no recommendations which require the action of the Association upon this report, and it will go to the Secretary and be printed in the proceedings of the Association.

Report presented as follows:

To the Officers and Members of the Illinois State Bar Association:

At the Twenty-third Annual Meeting of this Association, a memorial was presented to it by Mr. Adolph Moses of the Chicago Bar. proposing that Monday, the 4th day of February, 1901, be celebrated as John Marshall Day by the legal profession of the United States, in order to commemorate the great event which gave to the people of the United States the powerful mind of Marshall and harmony and strength to that great instrument, the Constitution of the United States. This Association, acting upon the memorial, passed a resolution instructing its delegates to the American Bar Association to present this memorial as an expression of the sentiment and desire of the Illinois State Bar Association as to the centennial celebration of John Marshall Day. The action of the Association was unanimous.

Within a few days thereafter, for the purpose of appealing to the public sentiment of the bench and bar of the United States, Mr. Moses caused to be circulated a copy of the memorial and some three thousand copies were mailed to all parts of the United States and to several jurists in Europe. The responses to this appeal were prepared for publication by Mr. Moses, and were presented in a pamphlet entitled "John Marshall Day," a copy of which memorial and pamphlet are herewith presented to the Association.

Just prior to the meeting of the American Bar Association at Buffalo, this pamphlet was circulated among several hundred members

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of the American Bar Association, and since then some five hundred pamphlets in the aggregate have been forwarded to lawyers and judges in all parts of the United States.

As a result of these efforts and carrying out the order and request of this Association, your delegates to the American Bar Association, Messrs. Alfred Orendorff, of Springfield, L. L. Bond and Adolph Moses, of Chicago, presented the pamphlet to the American Bar Association and accompanied its presentation with the following remarks addressed to the assembly by Mr. Moses:

“On behalf of the Illinois Bar Association, I rise to advocate the celebration of John Marshall Day, as outlined in the proposition submitted to and adopted by the Illinois State Bar Association on July 7, 1899, which proposition has been mailed to every member of this Association. The details of the main proposition are merely tentative, and are subject to the action of this Association.

In the light of the many responses which have been placed before you in a pamphlet entitled "John Marshall Day," and which is now officially lodged by me with the Secretary of this Association, it may be truly said that the movement for the celebration of that day has received such generous endorsement by eminent judges, lawyers and statesmen, as to warrant the statement that it has met with instant and warm recognition at the hands of the bench and bar of the United States. This result was confidently anticipated, for American lawyers are quick to respond to the invitation to do honor to the memory of the great Chief Justice, which will be honored as long as high purpose and true patriotism shall be venerated by mankind.

There is a precedent for this proposed action in the resolve of this Association in 1890, when the centennial day of the establishment of the Supreme Court of the United States was celebrated in the City of New York, under the auspices of the New York State Bar Association. A great nation has outwardly, although tardily, honored the memory of Marshall in the capital, where the Chief Justice sat so long and so majestically, by erecting a bronze statue, so that, in the language of an honored jurist of the present generation, "the chief executive, legislator, suitor, lawyer, judge and citizen may, in all coming time, as they go to or return from the Capitol, be reminded of the thoughtful, but severely plain, features, calm majesty, placid courage, the lofty character, the inestimable public services of him whose uncontested and unenvied title is that of 'the great Chief Justice.' ".

"John Marshall Day" is not the first appeal which has been made to the American Bar on behalf of the great Chief Justice. Soon after his death, at a meeting of the Philadelphia Bar, appropriate resolutions were passed recommending the co-operation of the bar of the

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United States in erecting a monument to his memory at some suitable place in the City of Washington. A Committee of thirty was appointed

under the name of "The Trustees of the Marshall Memorial Fund" to make arrangements with the bars of other states for carrying this resolution into effect.

We are not advised what success these early efforts had, but we know that many years passed before the monument was finally erected, and it was only completed with the aid of Congress, which, on March 10, 1892, appropriated $20,000 for this purpose. The Congressional Committee, in connection with the Trustees of the Marshall Memorial Fund, contracted with and received from the artist, W. W. Story, son of Joseph Story, a bronze statue of John Marshall, which was placed on the site selected near the West Front of the Capitol, and which, on May 10, 1884, was unveiled with appropriate ceremonies in the presence of both Houses of Congress, the chief officers of the government, the descendants of Marshall and the general public. Chief Justice Waite and William Henry Rawle, of Philadelphia, were the distinguished orators of the day. These proceedings will be found in

Volume 112 U. S. Rep. pp. 744-761.

Justice Story, writing to Richard Peters (the reporter of the Supreme Court), on July 24, 1835, said: "As to the monument at Washington, I have not much hope that it can be brought about through the instrumentality of the bar of the United States. The interest is too loose and too distant to make the body of the bar act upon it with spirit. In public I shall promote with all my power a public monument in Washington; but I think it will not be accomplished. I think it not proper that it should come from the bar exclusively, but I will cheerfully subscribe."

The statue was erected nearly fifty years thereafter, but the bar to whom this appeal is directed, is larger, and perhaps more enterprising than the bar of the earlier period, and it is fondly hoped that suecess may crown the second effort to do honor to the memory of Chief Justice Marshall, by the united bar of America. There is another mode of commemoration, not in bronze, but by way of appeal to the minds and hearts of mankind—an appeal for a day of contemplation on behalf of the great profession, by which it may be called from labor to refreshment in the indulgence of noble and patriotic sentiments. Centennial days are the milestones in a nation's history, which measure its advance and growth. Happy the nation which can offer an inspiring character for the contemplation and admiration of future generations. In Marshall we find the great magistrate, shaping and protecting regulated liberty in the light of the great lessons which the golden period of American history presents to mankind. For the period of thirty

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four years his brilliant intellect and admirable virtues constituted a magnetic power which bound the orbs of our magnificent system of government together, while disturbing forces of party rivalry were hushed into silence.

It is true that no centennial day can add to Marshall's fame, for that belongs to the world. Such a day, however, may be of incalculable value to the present generation, and it is for this educational purpose that it is now presented to a generous profession, in whose hands the traditions of national greatness may be safely lodged for renewed contemplation. The educating influences of such a day are boundless, and must inevitably tend to elevate the spirit of both bench and bar.

It were needless, on this occasion, and before this Association, to pronounce eulogies on the name of Marshall. This has been most eloquently done by many of his contemporaries-Story, Binney, Wirt and Hopkinson and by Chief Justice Waite, Dilon, Phelps, Hitchcock and Rawle of the present generation. May not the thought of Abraham Lincoln, born on the battlefield of Gettysburg, be remembered profitably at this time; that while we can not add to Marshall's fame, we can dedicate anew to the principles of government which his mastermind developed as part of the Constitutional history of the western nation-for as the expounder of the United States, he stands unrivalled among American jurists.

If this centennial day shall find favor in the minds of the American bench and bar, then an opportunity will be presented to study again that interesting period of our history in which so many great men, benefactors of the race, were nurtured,-men who founded a government which, with all its occasional shortcomings, has earned the admiration of the world. The early problems which vexed the government builders have been reasonably, and, we trust, finally settled in the course of a century, but new problems are environing us at present, and they will continue to do so, problems which will compel the constant vigilance and unremitting patriotism of the people, in order that the jewel of liberty may remain untarnished in our possession.

We speak for the revival of that sturdy race of patriots and statesmen who successfully established liberty on this continent and handed it down for the benefit of future generations, in order that civilization might steadfastly treasure the rights of men.

At the beginning of the new century let the numerous and powerful legal profession of America take a wistful retrospect and contemplate, if but for a day, the great lessons which have been the determining factors in the establishment of government on this continent, by the people and of the people. No body of men can value this legacy more