generation. May not the thought of Abraham I incoln, born on the battlefield of Gettysburg, be remembered profitably at this time; that while we cannot add to Marshal's fame, we can dedicate ourselves anew to the principles of government which his master-mind developed as a part of the Constitutional history of this western nation,-for as the expander of the Constitution of the United States, he stands unrivaled 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 highly than those to whose hands is necessarily, and by common consent, entrusted the political and civil rights of the people.

In memorializing this Association I am speaking within proper limits when I say that this Association is a fair repre

sentative and exponent of the American bar, its ambitions, aspirations and hopes, and to it, as an humble member of the bar, and as an instructed delegate of the Illinois State Bar Association, I present this memorial in behalf of the recognition of "John Marshall Day."

In asking for this recognition, we appeal to the patriotism and the intelligence of that great profession, which, since the era of civilization, has been charged with the duty of guarding the liberties and the rights of property of the people, and which, among its ennobling ideas, treasures the memory of the great Chief Justice, who so successfully labored in his high office to preserve the rights of the Nation, as well as of the States in blended harmony, and who taught us to appreciate what was aptly expressed by one of his successors, as an indestructible Union of indestructible States."

"Marshall's fame" said Judge Story, "will flow on to the most distant ages. Even if the Constitution of this country should perish, his glorious judgments will still remain to instruct mankind until liberty shall cease to be a blessing and the science of jurisprudence shall vanish from the catalogue of human pursuits."

An earnest appeal is therefore submitted to you, members of the American Bar Association, to give to this generation the "John Marshall Day" herein petitioned for.

Therefore, Mr. Chairman and gentlemen, on behalf of the Delegates here present from the Illinois State Bar Association, I present this subject of a John Marshall Day and I move that that part of the address delivered by Senator Manderson, which treats of the subject, and certain correspondence and documents collected by Mr. Adolph Moses, be referred to a committee of fifteen members, with a request to report its conclusions to this Association.

The resolution was seconded and was adopted.

Burton Smith, of Georgia:

Mr. Chairman, I would like to know what the effect of voting on this motion is?

The President:

It is simply to refer the whole matter to a committee of fifteen, which committee shall report back to the Association at its meeting. That is all.

New members were then elected.

(See List of New Members.)

The President:

Election of the General Council is next in order. The provision of the Constitution is that one person shall be selected from each State as a member of the General Council, and the duties of the General Council are performed during the session of the Association. It is therefore very important that the Council should be filled with all possible speed. I suggest that members of States represented upon the floor hand in names of the General Council to the Secretary, and where a State is represented by but one person, I hope that no undue modesty will prevent that person from suggesting his own

name.

A recess of ten minutes was then taken, after which the Secretary called the list of states for nominations.

Charles Claflin Allen, of Missouri:

Before the list is voted upon, Mr. Chairman, I desire to say that I think there are some states that have really practically gone by default because of a failure to understand the Secretary. The Chairman has stated that it is of the utmost importance that the members of the General Council should be persons who are present here, as far as possible. Now, I have in mind I think one state, at least, where the name was read of a gentlemen who is not present, and that is the state of Louisiana. The gentleman whose name was read is not present, and I therefore ask leave to substitute the name of Judge Howe, who is present.

The President:

The correction will be made.

A Member:

For Colorado the name of Mr. Campbell has been read. Mr. Campbell is not present, but Mr. Hugh Butler of Colorado is present, and I suggest that his name be substituted.

The President:

The name of Mr. Butler will be substituted.

Are there any

other changes or suggestions in relation to the membership of the General Council?

Charles Claflin Allen, of Missouri:

I desire to ask whether Mr. M. M. Cohn, of Arkansas is present?

The President:

He does not seem to be present.

Charles Claflin Allen:

I suggest then that the name of Judge U. M. Rose, of Arkansas, be substituted.

The President:

The substitution will be made. The election of the General Council will be postponed until this evening so that these vacancies can be filled and any other suggestions of changes can be made at that time.

The next business in order is the Report of the Secretary. John Hinkley, of Maryland, Secretary, read his Report. The President:

The Report will be received and placed on file.

(See the Report at end of the Minutes.)

The President:

The Report of the Treasurer is next in order.

Francis Rawle, of Pennsylvania, Treasurer, read his Report. The President:

This report will be received and referred to an auditing committee, and I will appoint as such Auditing Committee: Walter S. Logan, of New York, and Ralph W. Breckenridge, of Nebraska.

(See the Report at end of the Minutes.)

The President:

The Report of the Executive Committee is next in order.

The Report of the Executive Committee was read by the Secretary.

The President:

The Report will be received and placed on file.

(See the Report at end of the Minutes.)

The President:

The Secretary will read the list of Delegates accredited to this meeting of our Association.

(See List of Delegates.)

The President:

The Chair desires to make the following announcement: The Reception Committee, to be constantly on duty during the sessions of the meeting, will consist of: Charles Claflin Allen, of Missouri; William P. McRae, of Virginia; William P. Breen, of Indiana; James A. Cabell, of Virginia; Guy E. Farquhar, of Pennsylvania; David L. Withington, of California; George Whitelock, of Maryland.

Robert D. Benedict, of New York:

I move that the officers of the Association be directed to send a cable dispatch to our President, Hon. Joseph II. Choate, expressing our regret at his absence and our best wishes for his prosperity and his success in the duties of his high office. The motion was seconded and was adopted.

The Association then adjourned until 8 o'clock P. M.

EVENING SESSION.

Monday, August 28th, 1899, 8 P. M.

The Acting President, Charles F. Manderson, of Nebraska,

called the meeting to order.