west front of the Capitol at Washington; and it was unveiled with appropriate services May 10, 1884.

May not the celebrations of this day throughout the Union be regarded as fitting ceremonies at the unveiling of a monument more enduring, and exceeding in grandeur any capable of being fashioned out of metal or stone. Are not the sentiments this day aroused in the minds and affections of the American people-reverence for a sublime character and gratitude for distinguished services more lasting and precious than marble or bronze, however beautiful and expressive the latter may become by the aid of the sculptor's art? For this imaginary monument, no, not imaginary but unrepresented by anything which the eye can beholdmay I be allowed, in closing, to suggest an inscription. For such, the followng lines, written by Judge Story, as an inscription for a cenotaph seem peculiarly appropriate:

"To Marshall reared-the great, the good, the wise;
Born for all ages, honored in all skies;
His was the fame to mortals rarely given;
Begun on earth, but fixed in aim on heaven.
Genius and learning, and consummate skill,
Moulding each thought, obedient to the will;
Affections pure, as e'er warmed human breast,
And love, in blessing others, doubly blest;
Virtue unspotted, uncorrupted truth,
Gentle in age, and beautiful in youth;

These were his bright possessions. These had' power
To charm through life and cheer his dying hour.
Are these all perished? No, but snatched from time,
To bloom afresh in yonder sphere sublime.
Kind was the doom (the fruit was ripe) to die,
Mortal is clothed with immortality."

ADDRESS

OF

JULIUS C. GUNTER

OF

TRINIDAD, COLORADO.

THE JUDICIAL AND OTHER PUBLIC SERVICES
OF JOHN MARSHALL.

Mr. President, Gentlemen of the Bar Association, Ladies and
Gentlemen:

Pursuant to suggestion of the American Bar Association this date has been consecrated to the memory of John Marshall. To every patriotic heart, to every one appreciating the duty and value of preserving and commending the great public services of our citizens, genuine has been the satisfaction at the enthusiastic and universal response this movement has met throughout the land. At the Capitol of the nation have gathered this date the President of these United States, his cabinet, congress, officers honored in military, naval and civil life, distinguished citizens from private walks, together with the Supreme Court of the nation, all presided over by its Chief Justice-all patriotically laying aside the exacting duties of busy lives to discharge the duty assigned this day. Virginia in graceful recognition of the debt of gratitude to scholarly Massachusetts, for the services of John Marshall, listens today to her great jurist, Horace Gray, as he speaks in the city of Richmond of the life of Marshall. Would that more occasions were thus employed! Sordid pursuits would prejudice the character of the citizen less; patriotism would elevate it more. In harmony with this offering, in sincere accord with the love of our

country, our history, it evidences, in gratitude for the services of the revered Marshall, this young commonwealth is here this night, through its dignitaries of state, its bar associations, its citizens, to join in this tribute. Well might the most learned in our country's history, well might the most gifted in pleasing oratory approach with awe the majestic story of the judicial life and other public services of John Marshall.

MILITARY SERVICE.

These began in military service at 19,-125 years ago. Here a moment may we pause! Why is this young Virginian, son of his Majesty's most loyal colony, in arms against his Colonial Governor and his King? The house of Stuart had attempted to divorce the power of taxation from the right of the tax payer; English freemen did not tamely submit. The great case of ship money exacted of John Hampden in 1636, ended in revolution; the revolution in England's constitutional monarchy of 1688-'89. By this revolution the power of taxation was secured to those who paid the tax. Upon this pivotal issue the American Revolution of 1776 turned. Edmund Burke, in his splendid eloquence on American taxation, has said:

"Theirs were formerly the feelings of Mr. Hampden when called upon for the payment of twenty shillings. Would twenty shillings have ruined Mr. Hampden's fortune? No! but the payment of one-half twenty shillings on the principle it was demanded would have made him a slave!"

The same principle was this upon which, under Republican Rome, the Plebs seceded to the Sacred Hills; by such secession placed a check on patrician power enduring throughout the subsequent history of the Roman Republic.

The colonial era, from 1607 to September 5, 1774, had now passed. The scenes of the Stamp Act, the oratory of those who had denounced it an invasion of the sovereignty of the colonies, the scene at Narragansett Bay, the Boston Port Bill, the humble, loyal and fruitless petitions to his majesty for redress had resulted in the call and sitting of a Continental Congress; all this when

Marshall, keenly alive to the political issues, convinced of the righteousness of the resistance to the mother country, stood in the summer of 1775, with a body of his sturdy young countrymen from Fauquier County, enlisted as a lieutenant in the Virginia line. The muster field of these young citizen soldiers was the green sward of the forest, their uniform a homespun, home-woven and home-made green hunting shirt, bearing upon its bosom in large white letters the insignia "Liberty or death!"

In this Continental Congress had its glorious birth the union of interests and of patriotism which has found its result in our great Republic of to-day. There Patrick Henry said: "All America is thrown into one mass! Where are the landmarks, your boundaries of colonies? They are all thrown down. The distinction between Virginians, Pennsylvanians, New Yorkers and New Englanders are no more. I am not a Virginian, but an American!" When his country, America, was in peril, provincialism had no place in this great Democrat's heart.

Lord Chatham said in speaking of this body in the House of Lords:

"When your Lordships look at the papers transmitted to us from America you cannot but respect their cause and wish to make it your own. For myself I must declare and avow that in the master states of the world I know not the people, or Senate, who in such a complication of difficult circumstances can stand in preference to the delegates of America assembled in general congress at Philadelphia."

The blood of his countrymen had already flowed at Concord, Lexington, Ticonderoga, Crown Point and Bunker Hill. Ilis military service thus begun was substantial and continued to the surrender of Yorktown. Marshall participated, among other encounters, in the disastrous battles of Brandywine and Germantown, in the battles of Monmouth and Iron Hill, in the brilliant engagements at Stony Point and Powle's Hook, and suffered with his fellow soldiers during the dreary winter at Valley Forge. His active military service was through the darkest period of his country's struggle, yet his exuberant, genial good nature was ever the

same whether his fare was only bread, or only meat. This winter at Valley Forge left deep impressions with him, and doubtless materially affected his after political life and his opinions as to powers necessary to the general government. Here he first met the youth Hamilton, if youth he ever was, brilliant, fascinating, then aide-de-camp to the Commander-in-chief; that they then became well acquainted we know. How deeply the opinions of young Hamilton impressed themselves on the young countryman, so unacquainted with the world, we can only conjecture. That he ever after greatly-possibly extravagantly-admired Hamilton we know. Of Hamilton, says Judge Story:

"He always spoke in the most unreserved manner as a soldier and statesman of consummate ability; and in point of comprehensiveness of mind, purity of patriotism, soundness of principles as among the first that had ever graced the councils of any nation. His services to the American Republic he deemed to have been of inestimable value and such as had permanently conduced to its stability, to its prosperity and its true glory."

Here Marshall in the creditable discharge of his duties as Deputy Judge Advocate performed his first judicial services; of more importance, here laid the foundation of his lifelong friendship with the Commander-in-chief of the American armies, General George Washington. Here again it is interesting to speculate how deeply this early association influenced the future course of Marshall. The views of the courtly, high souled, sagacious Washington, so attractive in person and manners, could not fail to impress themselves on the thoughtful country boy, whose book learning was limited, whose knowledge of the world less. True it is, he was ever after a zealous personal and political friend of Washington, and later in life so important did it seem to him to perpetuate the influences of Washington's character and services, that Marshall took time amid his arduous judicial duties to contribute to our country an extensive and exhaustive life of General Washington. During this winter at Valley Forge the sufferings of himself and his fellow soldiers, and the helplessness of the Continental Congress to relieve their necessities deeply impressed upon his