It thus ap

thought it necessary to lay them before Congress. pears that it is false that President Washington ever attacked the act of 1789 in reference to the Virginia Company, and he never said that "unless this is checked it will endanger the very life of the republic itself," and never made use of any similar expression with reference to that act or any other.

The article continues, "Federal opposition together with their inability to raise enough money which the Treasurer of Georgia would accept ruined the Virginians." The first of this is a fable. There never was any federal opposition of the character indicated. True the Federal government claimed to own the land subject to a perpetual right of occupancy in the Indians. It appears from Washington's diary that the question of the act of 1789 was considered in the cabinet, and in the works of Mr. Jefferson, Vol. 7, page 269, appears his report, made at that time, in which he states that relinquishment by the Indians of their right of possession can only be obtained by war or agreement, and that as all power to make war or treaties passed to the Federal Government under the Constitution, the State of Georgia had no power to confer upon the parties to these contracts a right which it did not enjoy, namely to purchase the possessory right of the Indians.

The South Carolina Yazoo Company made elaborate efforts to colonize their lands, and on August 26, 1790, President Washington issued his proclamation admonishing citizens to obey the "Act to regulate trade and intercourse with the Indian tribes," and to warn them against violating the treaties of November 28, 1785, and the 3rd and 10th of January, 1786. This was evidently aimed at representatives of the South Carolina Yazoo Company for the Virginia Yazoo Company was never active. Still more pointedly was this true of the proclamation of President Washington on March 19, 1791, for in that he names James O'Fallon who was the agent of the South Carolina Yazoo Company. I am therefore correct in saying that there never was any Federal opposition to the Virginia Yazoo Company of 1789. It is probably true that their inability to raise the money ruined the Virginians.

The article states that Senator James Jackson, "patriot and

statesman, sleeps in an unmarked grave in Arlington across the Potomac." The confiding editor saw nothing to arouse his suspicions in that fact that Jackson was dead more than fifty years when Arlington became a cemetery and that his ashes repose in peace in the Congressional Cemetery on this side of the Potomac. As The Independent reports that the author of this article "has been out of the country for most of the time since" it is probable that he left his country for his country's good. Of him it can well be said, in the language of Robert Walne, Jr., "there is a pernicious vanity in some historiographers which excites them to rake up wonderful discoveries both in relation to persons and circumstances by which they expect to distinguish themselves."

Those desiring further information upon this whole Yazoo controversy will find it in the "Yazoo Land Companies" by Dr. Charles H. Haskins, then of the University of Wisconsin, in the Papers of the American Historical Association, Vol. 5, page 395, and in the article on "Georgia and State Rights" by Ulrich B. Phillips, in Vol. 2, page 15, of the American Historical Association for the year 1901.

The writings of James Wilson were collected and published by his son, the Rev. Bird Wilson, in 1804, in three volumes. Perhaps some excuse for this paper may be found in the fact that its author recently bought this original edition of three volumes, in sound sheep, at five cents per volume. A subsequent edition of his writings, by Professor Andrews, was published by Callaghan & Co., in 1895, in two volumes, and a new edition of his works in six volumes is about to be published by Burton Alva Konkle of Swarthmore, near Philadelphia, which will doubtless, when completed, be the authoritative edition of his writings.

Many efforts have been made to redeem Wilson's memory from forgetfulness. Mr. Justice Harlan delivered an address on James Wilson and the Formation of the Constitution before the University of Pennsylvania which was published in the American Law Review, Vol. 34, page 481. Sanderson's Lives of the Signers, Vol. 6, page 113, contains an elaborate article by Robert Walne, Jr., from which most that has been said of Wilson by various authors has been derived. B. J. Lossing has a similar, but very much briefer, article in the Signers of the Declaration of Inde

pendence. M. C. Klingelsmith has a chapter devoted to him in Great American Lawyers, Vol. 1, page 157, and the same author has an article on James Wilson and the So-Called Yazoo Frauds, published in the University of Pennsylvania Law Review, 47 (N. S.), page 1. Andrew C. McLaughlin has a valuable article in the Political Science Quarterly, Vol. 12, page 1, on James Wilson in the Philadelphia Convention. James Oscar Pierce has an article on James Wilson as a Jurist, in the American Law Review, Vol. 38, page 44. D. O. Kellogg published an article on James Wilson and his Times in Lippincott's Magazine, Vol. 63, page 245. Frank Gaylord Cook published an interesting article on James Wilson in the Atlantic Monthly, in Vol. 64, page 316. Burton Alva Konkle, Secretary of the Wilson Memorial Committee, delivered an able address on James Wilson and the Constitution, before the Law Academy of Philadelphia on November 14, 1906. Lucien Hugh Alexander has published two articles, one entitled James Wilson Nation-Builder in the Green Bag, Vol. 19, page 1, and one entitled James Wilson, Patriot, and the Wilson Doctrine, in the North American Review, Vol. 183, page 971. Edward Lindsey published Wilson versus the Wilson Doctrine in Vol. 44 of the American Law Review, page 641.

The last article recalls the fact that it has been said that Wilson was a believer in the theory that there was a twilight zone between the Federal and State powers, but it is a reflection upon his intelligence to assume that he did not know that before the end of 1791 Article Ten of the Amendments had been adopted providing "The powers not delegated to the United States by the Constitution nor prohibited by it to the states are reserved to the states respectively or to the people."

These distinguished Americans have sought to recall to the minds of lawyers the great talents of Mr. Justice Wilson and I cannot hope to succeed if they have failed, but can only trust in the language of Macaulay that while "Men eminent in learning, in statesmanship, in war, are not fully appreciated by their contemporaries; posterity does not fail to award them

full justice."

.

On Monday, November 19, 1906, Governor Pennypacker of Pennsylvania and his party left Philadelphia for North Carolina.

On Tuesday, November 20th, at ten o'clock A. M., at Edenton, they joined with the Governor and Chief Justice of North Carolina and others in dedicating a cenotaph to the memory of James Wilson at the graveyard of the Johnston family, where his remains and those of Mr. Justice Iredell had rested for over a century. At one P. M. the same day, the representatives of Pennsylvania started with the remains of Mr. Justice Wilson for Norfolk, Virginia, accompanied by members of the Society of the Cincinnati of North Carolina as a guard of honor. At Norfolk the remains were received by the United States Government on board the gunboat Dubuque which sailed at once for Philadelphia. On Wednesday, November 21st, the Dubuque arrived at Philadelphia with the remains which were received with the highest civic honors and, guarded by United States marines, they were escorted to Independence Hall where he had signed the Declaration of Independence and the Constitution of the United States. There the remains lay in state until the following day, November 22nd, when at one-thirty P. M. the Chief Justice and the Associate Justices of the Supreme Court of the United States, the Attorney General of the United States, and others, met, formed a procession, and followed the remains, under escort of the First Troop of the City of Philadelphia Cavalry, which had rescued him from the mob in 1779, to Christ Church, Philadelphia, where memorial services were held and the interment made. The President of the United States sent a wreath in honor of the occasion. Tributes were announced for this occasion by Governor Pennypacker for the Commonwealth of Pennsylvania, Samuel Dickson for the Bar of Pennsylvania, Dean William Draper Lewis for the University of Pennsylvania, S. Weir Mitchell, M. D., LL. D., for American Literature, Andrew Carnegie, LL. D., for ScotchAmerican Citizenship, Hon. Alton B. Parker, the President of the American Bar Association, for the American Bar, Senator Philander C. Knox for the Congress, Mr. Justice White, of the Supreme Court of the United States, for the Judiciary, the Hon. William H. Moody, Attorney General of the United States, for the Nation, Hampton L. Carson, Attorney General of Pennsylvania and Historian of the Supreme Court of the United States. The services were conducted by Bishop Mackay-Smith. Thus

after the lapse of one hundred and eight years his body rested in the soil of Pennsylvania, to the fame of which he had contributed so much by the active years of his useful life, there to remain until the morning of the resurrection.

I have infinite admiration for the integrity, the ability, and the attainments of Mr. Justice Wilson and scarcely less do I respect the Commonwealth of Pennsylvania where he spent his life in America and where both my parents were reared. I am reminded, however, that one who loved it not once spoke of Pennsylvania as having produced but two great men in all her history, Benjamin Franklin of Massachusetts, and Albert Gallatin of Switzerland. Without approving the sentiment I respectfully move to amend by inserting the name of Mr. Justice Wilson of Scotland. Permit me to close by applying to Mr. Justice Wilson the words once used by him in reference to Lord Baltimore:

Indeed the character of this excellent man has been too little known. Similar has been the fate of many other valuable characters in America. They have been too little known. To those around them their modest merits have been too familiar, perhaps too uniform, to attract particular and distinguished attention: by those at a distance, the mild and peaceful voice of their virtue has not been heard. But to their memories justice should be done, as far as it can be done, by a just and grateful country.

THE PRESIDENT: I want to announce the Committee on Resolutions: Senator C. G. Saunders of Council Bluffs, Judge C. W. Mullan of Waterloo, and Wesley Martin of Webster City.

I am sorry to announce that Dean Henry W. Dunn, who was to have read the next paper, "The Law School and its Duty to the State," was unexpectedly called east because of the illness of his wife. A few days ago,-a few hours, almost,-I spoke to Mr. D. D. Murphy, of Elkader, who is a member of the State Board of Education, asking him to say something about the Law School, and he consented to do it, and I feel much gratified because of it, and I now present Mr. D. D. Murphy to you.

THE LAW SCHOOL AND ITS DUTY TO THE STATE

Gentlemen of the Iowa Bar Association: Your President has already made an apology for my appearing before you without