ROSE-HILL.

_Rose-Hill: A Tale of the Old Dominion. By a Virginian. Philadelphia:

Key & Biddle._

This is an unpretending little duodecimo of about two hundred pages.

It embraces some events connected with two (fictitious) families in

the Western section of Virginia during the Revolution. The chief merit

of the work consists in a vein of piety and strict morality pervading

its pages. The story itself is interesting, but not very well put

together, while the _style_ might be amended in many respects. We wish

the book, however, every success.

{181} CHIEF JUSTICE MARSHALL.

1. _An Eulogy on the Life and Character of John Marshall. Delivered at

the request of the Councils of Philadelphia, on the 24th of September,

1835. By Horace Binney. pp. 55._

2. _A Discourse on the Life, &c. of John Marshall, L.L.D. Pronounced

on the 15th of October, 1835, at the request of the Suffolk Bar

(Boston.) By Joseph Story, L.L.D., and published at their request, pp.

70._

3. _An Oration on the Life and Character of John Marshall, late Chief

Justice of the United States, pronounced before the Citizens of

Alexandria, D. C. August 12, 1835. By Edgar Snowden. Published by

request of the Committee of Arrangements._[1]

[Footnote 1: The late hour at which we have received this pamphlet,

has prevented us from speaking as fully as we intended of its

distinguished merits. It would have given us great pleasure to have

embodied, in the text of this article, portions of Mr. Snowden's

Oration--an Oration justly entitled to companionship with the

Discourse of Judge Story, and the Eulogy of Mr. Binney. We must now,

however, at this late day, confine ourselves to a general expression

of commendation, and a short extract from the conclusion of the

Oration.

"But the 'good' of Marshall is not interred with his bones. It lives

after him, and will live after him in all time to come. The incense of

virtue which he burned upon his country's altar, will continue to rise

to heaven, and diffuse itself throughout the land for all following

generations. When our children shall read the story of his life, they

will find it one which, in its purity and beauty, cannot be surpassed

by the history of any other man of our age. And who can calculate the

extent of the influence of such a character upon the hearts and minds

of this people, and even upon the future destinies of this country, in

regulating the dispositions of those who aspire and those who are

called to the high places of the nation? Who can say that it will not

pervade the moral atmosphere, so as to correct many of those evil

tendencies which we now see constantly developing themselves. We want

such men as Marshall to rise up in our midst, and shed around the

chastened light of their influence. The glare of military fame, and

the glittering trappings of power, dazzle but too often to delude

those who gaze at them with admiration. But upon the mellow radiance

of his virtues we can all look with unclouded eyes--we can all dwell

with unmingled satisfaction."]

A formal criticism upon these discourses, is the least of our

intentions in placing them at the head of this article. Not that they

are either unworthy of criticism, or incapable of abiding its test:

but that, slight and unpretending as they are in their form and guise,

the consideration which their uncommon literary merits would otherwise

ensure them, is in great part lost, in the overshadowing magnitude of

their subject. To be engrossed by beauties or defects (if there are

defects) in the _style_ of a shilling pamphlet, when its theme is "the

Life, Character and Services" of one who blended the benevolence and

purity of Hale, the piercing and comprehensive genius of Mansfield,

and the logical power of Erskine; and who, in the majestic simplicity

of varied yet harmonious greatness, as we verily believe, is next to

Washington; would be to imitate Seneca's grammarian, who in reading

Virgil, thinks only of _longs and shorts_--disregarding all the charms

of incident, and all the glories of imagery. What we have to say of

the discourses, therefore, shall be little more, than that they are

worthy of their authors; who by these productions, if THESE stood

alone, have shown minds proof against the cramping tendencies of a

profession, so much better fitted (according to Mr. Burke) to _quicken

and invigorate_, than to _open and liberalize_ the intellect. All of

them have given narratives, crowded with interesting particulars; and,

what might not have been expected from his less intimate association

with the deceased, Mr. Binney seems to have acquired a larger store of

these, than Judge Story. The latter, however, (what might have been as

little expected from his grave judicial station, so long occupied) has

adorned his pages more highly, with the flowers and graces of style.

But our main design in bringing them before our readers, is to

present, at the smallest possible expense of labor to ourselves, an

outline of _his_ life, and a just view of _his_ character, whose

talents and virtues they have both so successfully commemorated. With

this intent, we purpose making large extracts from the discourses; and

even where we do not literally _quote_, we are willing to be regarded

as merely paraphrasing them,--for by far the most of the incidents we

are about to give, are drawn from no other source. We agree, with Lord

Bacon, that in general, it is "only the meaner sort of books" that

should be thus _hashed_ and read at second-hand; and that "distilled

books are, like common distilled waters, flashy things." But stinted

time and space oblige us here to be content with a _rifacimento_, in

which we trust our readers may still find much of the savor of the

viands whence we make our extracts.

JOHN MARSHALL was born Sept. 24th, 1755, in Fauquier County,

Virginia--a little more than two months after Braddock's defeat; and

was the eldest of fifteen children, of Thomas Marshall, who was a

colonel in the continental line of the Revolutionary Army, remarkable

for courage, and for strength of mind. His courage was signalized at

the Battles of Trenton and Brandywine; his regiment, at the latter,

bearing the brunt of the attacking column led by Cornwallis in person.

Though greatly outnumbered, it "maintained its position without losing

an inch of ground, until both its flanks were turned, its ammunition

nearly expended, and more than half the officers and one third of the

soldiers were killed or wounded. Col. Marshall, whose horse had

received two balls, then retired in good order to resume his position

on the right of his division, but it had already retreated."[2] The

heroism of such a father, could not be lost upon the son.

[Footnote 2: 1. Marshall's Washington, 158.]

The sparsely peopled region in which he lived, co-operating with a

narrow fortune, afforded Col. Marshall but little opportunity for

sending his children to school; and he was compelled to be almost

exclusively himself their teacher. In his eldest son he early

implanted a taste for English literature; "especially for poetry and

history." At the age of twelve, John had _transcribed_ the whole of

Pope's Essay on Man, and some of his Moral Essays; and had _committed

to memory_ many of the most interesting passages of that distinguished

poet.

"The love of poetry, thus awakened in his warm and vigorous mind, soon

exerted a commanding influence over it. He became enamored of the

classical writers of the old English school, of Milton, and

Shakspeare, and Dryden, and Pope; and was instructed by their solid

sense and beautiful imagery. In the enthusiasm of youth, he often

indulged himself in poetical compositions, and freely gave up his

leisure hours to those delicious dreamings with the muses, which (say

what we may) constitute with many the purest source of pleasure in the

gayer scenes of life, and the sweetest consolation in the hours of

adversity.

{182} "One of the best recommendations, indeed, of the early

cultivation of a taste for poetry, and the kindred branches of

literature, is, that it does not expire with youth. It affords to

maturer years a refreshing relaxation from the severe cares of

business, and to old age a quiet and welcome employment, always within

reach, and always bringing with it, if not the charms of novelty, at

least the soothing reminiscences of other days. The votary of the

muses may not always tread upon enchanted ground; but the gentle

influences of fiction and song will steal over his thoughts, and

breathe, as it were, into his soul the fragrance of a second spring of

life.

"Throughout the whole of his life, and down to its very close, Mr.

Marshall continued to cultivate a taste for general literature, and

especially for those departments of it, which had been the favorite

studies of his youth. He was familiar with all its light, as well as

its more recondite, productions. He read with intense interest, as his

leisure would allow, all the higher literature of modern times; and,

especially, the works of the great masters of the art were his

constant delight."--[_Judge Story_.]

The entire compatibility of such a love for elegant literature with

"the severe logic and closeness of thought, which belonged to" Judge

Marshall's character, is well vindicated by Judge Story's

observations, as well as by many illustrious examples. Among them may

be named William Wirt. The flowery complexion of his writings, his

evident delight in works of fancy, and the extraordinary graces of his

oratory, made the multitude believe him to be "of imagination all

compact." But he was in truth far more profoundly versed in the dry,

intricate lore of his profession, and by far more capable of thridding

its nicest subtleties, than thousands, whose whole minds have been

occupied with its "mystic, dark, discordant" tomes. We have been told

by one who knew him intimately, that there were few harder students

than Mr. Wirt: and that our informant had known him repeatedly sit for

six or seven hours at a time, intensely engaged in examining a single

question of law; and this too, at a period of his life when the world

thought him little more than a frothy declaimer, a spouter of poetry,

and an inditer of light newspaper essays. But to return--Judge Story

presents us most pleasing views of Col. Marshall's character, derived

from conversations with his more distinguished son:

"I have often heard the Chief Justice speak of him in terms of the

deepest affection and reverence."... "Indeed, he never named his

father, without dwelling on his character with a fond and winning

enthusiasm. It was a theme, on which he broke out with spontaneous

eloquence; and in the spirit of the most persuasive confidence, he

would delight to expatiate on his virtues and talents. 'My father,' he

would say with kindled feelings and emphasis, 'my father was a far

abler man than any of his sons. To him I owe the solid foundation of

all my own success in life.' Such praise from such lips is

inexpressibly precious. I know not whether it be most honorable to the

parent, or to the child. It warms, while it elevates our admiration of

both."

There is great truth in the remark, that children reared among

numerous brothers and sisters are the more apt, on that account, to

make good men and women. The kindly affections are more exercised;

emulation, tempered by such love as prevents its festering into

malignity, stimulates to greater activity of body and of mind; each

one has less expectation of hereditary fortune--that great palsier of

useful energies; and each comes in for less of that parental fondness,

which, when concentrated upon one, or two, or three children, so often

spoils their characters, and embitters their lives. To the influence

of this truth upon young Marshall's destinies, add the judicious

training and admirable example of an intelligent father, and the

hardy, active life he led, in a wild and mountainous region abounding

in game--and many of the best traits in his character, as well as much

of his subsequent eminence, are at once accounted for.

At fourteen, he was sent to Westmoreland, one hundred miles off, where

for a year he was instructed in Latin by a clergyman named Campbell,

and where James Monroe was one of his fellow students. Returning then

to his father's house, he, for another year, received instruction in

Latin from a Scotch clergyman named Thompson; "and this was the whole

of the classical tuition he ever obtained."[3] By the assistance of

his father, however, and the persevering efforts of his own mind, he

continued to enlarge his knowledge, while he strengthened his body by

"hardy, athletic exercises in the open air. He engaged in field

sports; he wandered in the deep woods; he indulged his solitary

meditations amidst the wildest scenery of nature; he delighted to

brush away the earliest dew of the morning."... "It was to these early

habits in a mountainous region, that he probably owed that robust and

vigorous constitution, which carried him almost to the close of his

life with the freshness and firmness of manhood."[4]

[Footnote 3: Mr. Binney.]

[Footnote 4: Judge Story.]

About his eighteenth year, when he had commenced the study of the Law,

the lowering aspect of affairs between the Colonies and Great Britain

attracted his notice, and he devoted himself chiefly to the acquiring

of military skill, in a volunteer corps of the neighborhood. At length

news came, of the battle of Lexington. A militia company, in which he

held a commission, was ordered to assemble at a place ten miles from

his father's house. Mr. Binney says, "A kinsman and contemporary, who

was an eye witness of this scene, has thus described it to me:--"

"It was in May, 1775. He was then a youth of nineteen. The muster

field was some twenty miles distant from the Court House, and a

section of country peopled by tillers of the earth. Rumors of the

occurrences near Boston, had circulated with the effect of alarm and

agitation, but without the means of ascertaining the truth, for not a

newspaper was printed nearer than Williamsburg, nor was one taken

within the bounds of the militia company, though large. The Captain

had called the company together, and was expected to attend, but did

not. John Marshall had been appointed Lieutenant to it. His father had

formerly commanded it. Soon after Lieutenant Marshall's appearance on

the ground, those who knew him clustered about him to greet him,

others from curiosity and to hear the news.

"He proceeded to inform the company that the Captain would not be

there, and that he had been appointed Lieutenant instead of a

better:--that he had come to meet them as fellow soldiers, who were

likely to be called on to defend their country, and their own rights

and liberties invaded by the British:--that there had been a battle at

Lexington in Massachusetts, between the British and Americans, in

which the Americans were victorious, but that more fighting was

expected:--that soldiers were called for, and that it was time to

brighten their fire arms, and learn to use them in the field;--and

that if they would fall into a single line, he would show them the new

manual exercise, for which purpose he had brought his gun,--bringing

it up to his shoulder. The sergeants put the men in line, and their

fugleman presented himself in front to the right. His figure, says his

venerable kinsman, I have now before me. He was about six feet high,

straight and rather slender, of dark complexion--showing little if any

rosy red, yet good health, the outline of the face nearly a circle,

and within that, eyes dark to blackness, strong and penetrating,

beaming with intelligence and good nature; an upright forehead, rather

low, was terminated in a {183} horizontal line by a mass of

raven-black hair of unusual thickness and strength--the features of

the face were in harmony with this outline, and the temples fully

developed. The result of this combination was interesting and very

agreeable. The body and limbs indicated agility, rather than strength,

in which, however, he was by no means deficient. He wore a purple or

pale-blue hunting-shirt, and trowsers of the same material fringed

with white. A round black hat, mounted with the bucks-tail for a

cockade, crowned the figure and the man.

"He went through the manual exercise by word and motion deliberately

pronounced and performed, in the presence of the company, before he

required the men to imitate him; and then proceeded to exercise them,

with the most perfect temper. Never did man possess a temper more

happy, or if otherwise, more subdued or better disciplined.

"After a few lessons, the company were dismissed, and informed that if

they wished to hear more about the war, and would form a circle around

him, he would tell them what he understood about it. The circle was

formed, and he addressed the company for something like an hour. I

remember, for I was near him, that he spoke at the close of his speech

of the Minute Battalion, about to be raised, and said he was going

into it, and expected to be joined by many of his hearers. He then

challenged an acquaintance to a game of quoits, and they closed the

day with foot races, and other athletic exercises, _at which there was

no betting_. He had walked ten miles to the muster field, and returned

the same distance on foot to his father's house at Oak Hill, where he

arrived a little after sunset."

"This is a portrait," to which, as we can testify with Mr. Binney, "in

simplicity, gaiety of heart, and manliness of spirit," John Marshall

"never lost his resemblance. All who knew him well, will recognize its

truth to nature."

In the summer of 1775, he was appointed a Lieutenant in the "Minute

Battalion;" and having been sent, in the next autumn, to defend the

country around Norfolk against a predatory force under Lord Dunmore,

he, on the 9th of December, had a full and honorable share in the

successful action at the Great Bridge, which resulted in Lord D.'s

defeat, and flight to his ships. In July 1776, being made lieutenant

in the 11th Virginia Regiment in the Continental Service, he marched

to the Middle States, where, in May 1777, he was promoted to a

captaincy. Remaining constantly in service from this time until the

close of 1779, he participated largely and actively in the most trying

difficulties of the darkest period of the Revolution. He was in the

skirmish at Iron Hill, and the battles of Brandywine, Germantown, and

Monmouth. "He was one of that body of men, never surpassed in the

history of the world, who, unpaid, unclothed, unfed,--tracked the

snows of Valley Forge with the blood of their footsteps in the

rigorous winter of 1778, and yet turned not their faces from their

country in resentment, or from their enemies in fear."[5] Acting often

as Deputy Judge Advocate, he formed a wide acquaintance and influence

among his brother officers. "I myself," says Judge Story, "have often

heard him spoken of by these veterans in terms of the highest praise.

In an especial manner, the officers of the Virginia Line, (now, 'few

and faint, but fearless still') appeared almost to idolize him."

During this period of his service he became acquainted with Gen.

Washington and Col. Hamilton.

[Footnote 5: Mr. Binney.]

In the winter of 1779, Captain Marshall was sent to Virginia as a

supernumerary, to take the command of such men as the State

Legislature might entrust to him. He used this opportunity, to attend

a course of Law-Lectures, delivered by Mr. (afterwards Chancellor)

Wythe, in William & Mary College; and Mr. (afterwards Bishop)

Madison's Lectures on Natural Philosophy. In the following summer, he

was licensed to practise Law; and in October, rejoined the army. It

was probably on this occasion, that he went on foot from Virginia to

Philadelphia, in order to be inoculated for the small pox; travelling

at the rate of thirty-five miles daily. On his arrival, (as we learn

from one to whom he related the incident,) he was refused admittance

into one of the hotels, on account of his long beard and shabby

clothing. He continued in the army till the end of Arnold's invasion

of Virginia; when, there being still a redundancy of officers in the

Virginia line, he resigned his commission, and devoted himself to his

Law studies. The courts were then silenced in Virginia, by the tumult

of War. As soon as they were opened, after the capture of Cornwallis,

Mr. Marshall commenced practice.

"But a short time elapsed after his appearance at the bar of Virginia,

before he attracted the notice of the public. His placidity,

moderation, and calmness, irresistibly won the esteem of men, and

invited them to intercourse with him;--his benevolent heart, and his

serene and at times joyous temper, made him the cherished companion of

his friends;--his candor and integrity attracted the confidence of the

bar;--and that extraordinary comprehension and grasp of mind, by which

difficulties were seized and overcome without effort or parade,

commanded the attention and respect of the Courts of Justice. This is

the traditionary account of the first professional years of John

Marshall. He accordingly rose rapidly to distinction, and to a

distinction which nobody envied, because he seemed neither to wish it,

nor to be conscious of it himself."[6]

[Footnote 6: Mr. Binney.]

In April 1782, he was chosen a member of the House of Delegates, in

the Virginia Legislature; and in the next autumn, of the Executive

Council. In January 1783, he married Miss Ambler, daughter of

Jacquelin Ambler, then Treasurer of Virginia. To this lady he had

become attached while in the army; and their union of nearly fifty

years, amid the most devoted affection, was broken by her death, about

three years before his own. Having fixed his residence in Richmond, he

resigned his seat in the Council, the more closely to pursue his

profession; but his friends and former constituents in Fauquier,

nevertheless, elected him again to represent them in the Legislature.

In 1787, he was chosen to represent the city of Richmond.

Times of civil trouble had now come, teeming with dangers hardly less

than those which had beset the country ten years before. The

Confederation, by which the States were united, was found too feeble a

bond of union, and a still feebler means of concurrent action. It

could resolve, legislate, and make requisitions upon the States; but

had no power to effectuate its resolutions, laws, or requisitions. It

could contract debts, but not lay taxes of any kind to pay them. It

could declare war, but not raise armies to wage it. It could make

treaties, but not so as to regulate commerce--perhaps the most

frequent and important aim of treaties. Each State had the determining

of its own scale of duties on imports; the power of coining money, and

of emitting paper-money at pleasure: conflicting revenue-laws,

therefore, and a disordered currency, made "confusion worse

confounded." The public debt, incurred by the revolution, was unpaid.

More than three hundred millions of continental paper money were

unredeemed; and {184} having depreciated to the value of one dollar

for every hundred, had ceased to circulate. Public credit was nearly

at an end: private credit, by the frequent violation of contracts, was

at an equally low ebb: the administration of civil justice was

suspended, sometimes by the wilful delinquency of the courts,

sometimes by state-laws, restraining their proceedings. Commerce,

Agriculture, Manufactures--industry of every kind,--were crippled.

"Laws suspending the collection of debts; insolvent laws; instalment

laws; tender laws; and other expedients of a like nature, which, every

reflecting man knew would only aggravate the evils, were familiarly

adopted, or openly and boldly vindicated. Popular leaders, as well as

men of desperate fortunes, availed themselves (as is usual on such

occasions) of this agitating state of things to inflame the public

mind, and to bring into public odium those wiser statesmen, who

labored to support the public faith, and to preserve the inviolability

of private contracts." To strengthen the arm of the general

government, and invest it with larger powers over the commerce, the

money, and the foreign and mutual relations of the States--was

believed by most people to be the only remedy for these intolerable

evils. Mr. Marshall concurred with Gen. Washington, Mr. Madison, and

the majority of their countrymen, in approving of this remedy; and as

a member of the State Legislature, advocated the call of a Convention,

to revise the Articles of Confederation. Whether they should be so

altered, as to increase materially the powers of the Federal

Government--was a question which in most of the State Legislatures

elicited strenuous debates; and no where more, than in the Legislature

of Virginia. The men of this day have little idea, how strong were the

gusts of discussion at that momentous period. "It is scarcely

possible," says Judge Story, "to conceive the zeal, and even

animosity, with which the opposing opinions were maintained." The

dissolution or continuance of the Union, was freely discussed: one

party boldly advocating the former, as necessary to prevent the

destruction of State-sovereignty; the other party pleading for UNION,

as not only the sole cure for the immeasurable ills which were then

afflicting the land, but as indispensable to the preservation of

Liberty itself, in the several States. And _Union_, it was alleged,

could not be preserved but by a more vigorous central government.

Mr. Marshall, not then thirty years old, shared largely in the

discussions which shook both the Legislative hall, and the popular

assemblies, of Virginia, on this great question. Mr. Madison, with

whom he served several years in the House of Delegates, fought "side

by side, and shoulder to shoulder" with him, through the contest: and

"the friendship, thus formed between them, was never extinguished. The

recollection of their co-operation at that period served, when other

measures had widely separated them from each other, still to keep up a

lively sense of each other's merits. Nothing, indeed, could be more

touching to an ingenuous mind, than to hear from their lips, in their

latter years, expressions of mutual respect and confidence; or to

witness their earnest testimony to the talents, the virtues, and the

services of each other."[7]

[Footnote 7: Judge Story.]

It was in these debates, that Mr. Marshall's mind acquired the skill

in political discussion, which afterwards distinguished him, and which

would of itself have made him conspicuous as a parliamentarian, had

not that talent been overshadowed by his renown in a more soberly

illustrious, though less dazzling career. Here, too, it was, that he

conceived that deep dread of disunion, and that profound conviction of

the necessity for closer bonds between the States, which gave the

coloring to the whole texture of his opinions, upon federal politics

in after life.

The Convention was at length called; and its product, the present

Federal Constitution, was submitted for ratification to the States. In

most of them, Conventions were likewise called, to adopt or reject it.

Mr. Marshall, though the people of his county were decidedly opposed

to the new Constitution, and though he avowed on the hustings his

determination to support it, was elected to the Virginia Convention by

a considerable majority. In that body, he took an effective, if not a

leading part. Three able speeches of his, in behalf of the

Constitution, appear in Mr. Robertson's report of the Debates:

Speeches, seconding with "masculine logic, the persuasive talents of

George Nicholas, the animated flow of Governor Randolph, the grave and

sententious sagacity of Pendleton, the consummate skill and various

knowledge of Madison."[8] After an earnest and powerful struggle of 25

days, the Constitution was agreed to, by a majority of but ten

votes--89 to 79. This result is supposed to have been promoted, by the

news, received while the Convention sat, that nine states had come to

a similar decision. The accession of Virginia to that number, already

large enough to give the instrument validity among the adopting

states, ensured its complete success; and was hailed by its friends

with the liveliest joy.

[Footnote 8: Judge Story.]

Judge Story depicts in vivid colors, the happy effects of the

Government thus established, upon our prosperity: and exults over the

falsified apprehensions of those who, clinging "with an insane

attachment" to the former confederation, and "accustomed to have all

their affections concentrated upon the State governments," saw in the

new system "but another name for an overwhelming despotism."

Undoubtedly, the state of things which preceded the change, was as bad

as, with such a people, it could well be. Undoubtedly, the new

government did _very_ much, to retrieve our national credit and honor;

to make us respected abroad, tranquil and prosperous at home. But

still, not _all_ is due to the Government. A people, animated with the

spirit of freedom, enlightened enough to see their interests, and

enterprising enough to pursue them strenuously,--inhabiting, too, a

country not peopled to the extent of a thousandth part of its immense

capabilities--would thrive and grow powerful _in spite_ of what almost

any government could do to impede their onward march. In the body

politic there is, what physicians ascribe to the body natural, a _vis

medicatrix Naturæ_, by which the wounds of War, the desolations of

Pestilence, and all the ills flowing from the blunders of _charlatan_

statesmen, are healed and made amends for. Few are so bigoted as not

to admit, that the self-healing energies of our country have thus at

some times prevailed over the hurtful tendencies of the {185} measures

adopted by her rulers. There is nevertheless a force and beauty in

Judge Story's picture of her happiness, that make it worthy of

insertion:

"We have lived," says he, "to see all their fears and prophecies of

evil scattered to the winds. We have witnessed the solid growth and

prosperity of the whole country, under the auspices of the National

Government, to an extent never even imagined by its warmest friends.

We have seen our agriculture pour forth its various products, created

by a generous, I had almost said, a profuse industry. The miserable

exports, scarcely amounting in the times, of which I have been

speaking, in the aggregate, to the sum of one or two hundred thousand

dollars, now almost reach to forty[9] millions a year in a single

staple. We have seen our commerce, which scarcely crept along our

noiseless docks, and stood motionless and withering, while the breezes

of the ocean moaned through the crevices of our ruined wharves and

deserted warehouses, spread its white canvass in every clime; and,

laden with its rich returns, spring buoyant on the waves of the home

ports; and cloud the very shores with forests of masts, over which the

stars and stripes are gallantly streaming. We have seen our

manufactures, awakening from a deathlike lethargy, crowd every street

of our towns and cities with their busy workmen, and their busier

machinery; and startling the silence of our wide streams, and deep

dells, and sequestered valleys. We have seen our wild waterfalls,

subdued by the power of man, become the mere instruments of his will,

and, under the guidance of mechanical genius, now driving with

unerring certainty the flying shuttle, now weaving the mysterious

threads of the most delicate fabrics, and now pressing the reluctant

metals into form, as if they were but playthings in the hands of

giants. We have seen our rivers bear upon their bright waters the

swelling sails of our coasters, and the sleepless wheels of our

steamboats in endless progress. Nay, the very tides of the ocean, in

their regular ebb and flow in our ports, seem now but heralds to

announce the arrival and departure of our uncounted navigation. We

have seen all these things; and we can scarcely believe, that there

were days and nights, nay, months and years, in which our wisest

patriots and statesmen sat down, in anxious meditation to devise the

measures which should save the country from impending ruin."

[Footnote 9: The exports of cotton alone, in the year ending Sept.

30th, 1834, were $49,448,000--_Reviewer_.]

The Constitution being adopted, Mr. Marshall was prevailed on by his

countrymen, to serve again in the Legislature till 1792; although the

claims of a growing family and a slender fortune had made him wish,

and resolve, to quit public life, and devote himself exclusively to

his profession. He was wanted there by the friends of the new system,

to defend its administration against the incessant attacks made upon

it by a powerful and hostile party. This party consisted of those who

had resisted the change, because they thought the proposed government

too strong. Now that it was adopted, they naturally sought, by

construing the grants of power to it with literal strictness, to

prevent, as far possible, the dangers to Liberty with which they

deemed it pregnant. Their opponents, on the other hand, having long

regarded _weakness in the centre_ as the great subject of just

apprehension, constantly aimed, by an enlarged and liberal (or, as it

has since been called a _latitudinous_) interpretation of those grants

of power, to render them in the highest degree counteractive of the

centrifugal tendency, which they so much dreaded. This controversy

probably raged most hotly in Virginia. It is hard to forbear a smile

at the characteristic fact, that "almost every important measure of

President Washington's administration was discussed in her Legislature

with great freedom, and no small degree of warmth and acrimony."[10]

We applaud and honor the stand which Virginia has always taken, as a

centinel on the watch-tower of popular liberty and state-sovereignty,

to guard against federal usurpation. It is a duty, allotted to the

State Legislatures by the enlightened advocates of the Constitution

who wrote "The Federalist:" a duty which it were well if her sister

states had performed with something like Virginia's fidelity and zeal.

But she has indiscreetly suffered this one subject too much to

monopolize her attention: and we are amongst those who think this a

main reason, why, with a surface and resources the most propitious of

all the states to internal improvement, she lags so far behind the

rest in works of that kind; and why, with a people pre-eminently

_instinct_ with the spirit of liberty, and enjoying unwonted leisure

for acquiring knowledge, she has five times as many ignorant sons and

daughters, as New York or Massachusetts. She ought to have looked well

to her foreign relations, without losing sight of her domestic

interests. We hail, with joy, the change which is now taking place in

this respect. We trust that she and her statesmen, hereafter, when

_all_ attention is claimed for any one point in the vast field of

their duties, will adopt the spirit of the reply which Mr. Pope (not

Homer) puts into Hector's mouth, when he was advised to fix himself as

a guard at one particular gate of Troy:

------"That post shall be my care;

Nor that alone, but _all_ the works of war."

[Footnote 10: Judge Story.]

From 1792 to 1795, Mr. Marshall devoted himself exclusively and

successfully to his profession. Washington's Reports, shew him to have

enjoyed an extensive practice in the Court of Appeals of Virginia.

During this time, also, he did not withdraw himself from politics so

entirely, but that he took a prominent part at public meetings, in

support of Gen. Washington's Proclamation of Neutrality. He advocated

this measure, orally and in writing: and Resolutions approving it,

drawn up by him, were adopted by a meeting of the people of Richmond.

In 1795, when Jay's Treaty was the absorbing theme of bitter

controversy, Mr. Marshall was again elected to the House of Delegates,

"not only without his approbation, but against his known wishes."

Virginia, as usual, was the _Flanders_ of the war. Her popular

meetings, and her Legislature, rung with angry discussions. Even the

name of Washington could not screen the treaty from reprobation. It

was denounced at a meeting in Richmond, at which Chancellor Wythe

presided, as _insulting, injurious, dangerous, and unconstitutional_:

but the same citizens, at a subsequent meeting, were prevailed upon by

a masterly speech of Mr. Marshall, to adopt resolutions of a contrary

tenor, "by a handsome majority."[11] Lest his _popularity_ might

suffer, he was urged by his friends not to engage in any Legislative

debates upon the obnoxious Treaty. He answered, that he would make no

movement to excite such a debate; but if others did so, he would

assert his opinions at every hazard. The opposition party soon

introduced condemnatory resolutions. Among other arguments against the

treaty, it was alleged, that the executive could not,

constitutionally, make a commercial treaty; since it would infringe

the power given to Congress, to _regulate commerce_: and this was

relied upon as a favorite and an unanswerable position. "The speech of

Mr. Marshall on this occasion," says Judge {186} Story, "has always

been represented as one of the noblest efforts of his genius. His vast

powers of reasoning were displayed with the most gratifying success.

He demonstrated, not only from the words of the Constitution and the

_universal practice of nations_,[12] that a commercial treaty was

within the scope of the constitutional powers of the executive; but

that this opinion had been maintained and sanctioned by Mr. Jefferson,

by the Virginia delegation in Congress, and by the leading members of

the Convention on both sides. The argument was decisive. The

constitutional ground was abandoned; and the resolutions of the

assembly were confined to a simple disapprobation of the treaty in

point of expediency.... The fame of this admirable argument spread

through the union. Even with his political enemies, it enhanced the

estimate of his character; and it brought him at once to the notice of

some of the most eminent statesmen, who then graced the councils of

the nation."

[Footnote 11: Judge Story.]

[Footnote 12: We confess a little surprise, at seeing, here, any

deduction of authority to the American Executive "_from the practice

of other nations_." If we mistake not, a certain famous _Protest_ of a

certain President, was censured mainly for deducing power to its

author from that source.--_Reviewer_.]

Being called to Philadelphia in 1796, as counsel in an important case

before the Supreme Court of the United States, he became personally

acquainted with many distinguished members of Congress. He expressed

himself delighted with Messrs. Cabot, Ames, Sedgwick, and Dexter of

Massachusetts, Wadsworth of Connecticut, and King of New York. To

these, his great speech on the treaty could not fail to recommend him:

and (as he says in a letter) "a Virginian, who supported, with any

sort of reputation, the measures of the government, was such a _rara

avis_, that I was received by them all with a degree of kindness,

which I had not anticipated. I was particularly intimate with Mr.

Ames; and could scarcely gain credit with him, when I assured him,

that the appropriations [for the treaty] would be seriously opposed in

Congress." They _were_ opposed; and passed only after a stormy debate

of several weeks: and passed even then, with a declaration of a right,

in Congress, to withhold them if it pleased. President Washington

about this time offered him the post of Attorney General of the United

States; which he declined, as interfering with his lucrative practice.

But he continued in the Virginia Legislature. There, federal politics

occupied the usual share of attention. A resolution being moved,

expressing confidence in the virtue, patriotism, and wisdom of

Washington, a member proposed to strike out the word _wisdom_. "In the

debate," says the Chief Justice himself, "the whole course of the

Administration was reviewed, and the whole talent of each party

brought into action. Will it be believed, that the word was retained

by a very small majority? A very small majority of the Virginia

Legislature, acknowledged the wisdom of General Washington!"

The appointment of Minister to France, as successor to Mr. Monroe, was

offered him by the President, and declined. The French Government,

however, refusing to receive General Pinckney, who was appointed in

his stead, Messrs. Marshall, Pinckney, and Gerry, were sent by

President Adams as envoys extraordinary to that country. The Directory

refused to negotiate. But though the direct object of the embassy was

thus foiled, much was effected in showing France to be in the wrong,

by the official papers which the envoys addressed to her minister of

foreign relations--the since famous Talleyrand: "Models of skilful

reasoning, clear illustration, accurate detail, and urbane and

dignified moderation."[13] "They have always been attributed to Mr.

Marshall. They bear internal marks of it. We have since become

familiar with his simple and masculine style,--his direct, connected,

and demonstrative reasoning--the infrequency of his resort to

illustrations, and the pertinency and truth of the few which he

uses--the absence of all violent assertion--the impersonal form of his

positions, and especially with the candor, as much the character of

the man as of his writings, with which he allows to the opposing

argument its fair strength, without attempting to elude it, or escape

from it, by a subtlety. Every line that he has written, bears the

stamp of sincerity; and if his arguments fail to produce conviction,

they never raise a doubt, nor the shadow of a doubt, that they proceed

from it.

[Footnote 13: Judge Story.]

"The impression made, by the despatches of the American ministers was

immediate and extensive. Mr. Marshall arrived in New York on the 17th

of June, 1798. His entrance into this city on the 19th, had the eclat

of a triumph. The military corps escorted him from Frankford to the

city, where the citizens crowded his lodgings to testify their

veneration and gratitude. Public addresses were made to him, breathing

sentiments of the liveliest affection and respect. A public dinner was

given to him by members of both houses of Congress 'as an evidence of

affection for his person, and of their grateful approbation of the

patriotic firmness with which he sustained the dignity of his country

during his important mission;' and the country at large responded with

one voice to the sentiment pronounced at this celebration, 'Millions

for defence, but not a cent for tribute.'"[14]

[Footnote 14: Mr. Binney.]

Once more, he resumed his practice of the Law, with renewed

determination to leave it no more. He was, however, so urgently

entreated by General Washington (who sent for him to Mount Vernon for

the purpose) to become a candidate for Congress, that he did so; and

was elected, in 1799, after a severe contest. Whilst a candidate,

President Adams offered him a seat upon the Bench of the Supreme

Court; but he declined it. He had not been three weeks in Congress,

when, by a fortune as striking as it was mournful, it became his lot

to announce to the House, the death of Washington. Never could such an

event have been told in language more impressive or more appropriate.

"Mr. Speaker--The melancholy event, which was yesterday announced with

doubt, has been rendered but too certain. Our Washington is no more.

The hero, the patriot, and the sage of America; the man on whom in

times of danger every eye was turned, and all hopes were placed, lives

now, only in his own great actions, and in the hearts of an

affectionate and afflicted people."

Having briefly alluded to the achievements and services of the

deceased, he concluded by offering suitable resolutions, for honoring

"the memory of the {187} man, first in war, first in peace, and first

in the hearts of his countrymen." The resolutions had been drawn by

General Henry Lee, whom a temporary absence hindered from presenting

them. With characteristic modesty, Mr. Marshall, in the account of

this transaction given by him as biographer of Washington, omits all

mention of his own name; saying only, that "_a member_ rose in his

place," &c. That House of Representatives abounded in talents of the

first order for debate: and none were more conspicuous than those of

John Marshall. Indeed, where the law or constitution was to be

discussed, "he was confessedly the first man in the House. When he

discussed them, he exhausted them: nothing more remained to be said;

and the impression of his argument effaced that of every one else."...

"Upon such topics, however dark to others, his mind could by its own

clear light

------'sit in the centre, and enjoy bright day.'"[15]

[Footnote 15: Mr. Binney.]

His speech upon the case of Jonathan Robbins, was a striking example.

This man, a subject of Great Britain, had committed a murder on board

a British frigate, and then fled to the United States. Being demanded

by the British Government, President Adams caused him to be

surrendered, under a clause in Jay's treaty. The act was furiously

assailed by the opposition: and a resolution of censure was introduced

into the House of Representatives by Mr. Livingston. The speech of Mr.

Marshall on this occasion was perhaps one of the most masterly ever

delivered in Congress. "It has all the merits, and nearly all the

weight of a judicial sentence."[16] "It may be said of that speech, as

was said of Lord Mansfield's celebrated Answer to the Prussian

Memorial, it was _Reponse sans replique_--an answer so irresistible,

that it admitted of no reply. It silenced opposition; and settled

then, and forever, the points of national law, upon which the

controversy hinged."[17]

[Footnote 16: Ib.]

[Footnote 17: Judge Story.]

He was not in Congress when the famous _Sedition Law_ passed: but he

had the merit of voting to repeal the most obnoxious section of it; in

opposition to all those, with whom he generally concurred. In May,

1800, he was appointed Secretary of War: but before his entry upon the

duties of that office, a rupture occurring between the President and

Col. Pickering, he was made Secretary of State in lieu of the latter.

It is honorable both to him and his predecessor, that the delicate

position in which they stood towards each other, did not interrupt

their harmony: but they retained, while both lived, a warm and cordial

friendship. Even during the few months that he held this office, Mr.

Marshall evinced great ability, in discussing several important

questions between our country and England. "It is impossible to

imagine a finer spirit, more fearless, more dignified, more

conciliatory, more true to his country, than animates his instructions

to Mr. King,"[18] the American Minister in London. "His despatch of

September 20th, 1800, is a noble specimen of the first order of State

papers, and shows the most finished adaptation of parts for the

station of an American Secretary of State."[19]

[Footnote 18: Mr. Binney.]

[Footnote 19: Ib.]

On the 31st of January, 1801, he was appointed Chief Justice of the

Supreme Court of the United States: "not only without his own

solicitation, (for he had in fact recommended another for the office,)

but by the prompt and spontaneous choice of President Adams, upon his

own unassisted judgment. The nomination was unanimously confirmed by

the Senate."[20]

[Footnote 20: Judge Story.]

It is a remarkable, yet not an extraordinary fact, that his induction

into that high office which he so illustriously filled, is precisely

the juncture in his life at which, for the purposes of striking

narrative, his biography ends. That part of his career, the most

signalized by enduring monuments of his intellectual power, and the

most adorned by the winning graces of his daily actions, is precisely

that in which it is hardest to find glaring incidents, that stand

forth boldly on the page, and rivet the reader's mind. "Peace" indeed,

as Milton said to Cromwell,--

"Peace hath her victories

No less renowned than War;"

and few men have achieved more signal ones, than he who may be said to

have built up a national Jurisprudence for the Union, by the strength

of his own genius: but such triumphs ring not in the common ear, and

glitter not in the common eye. Even History often forgets to chronicle

them in her bloodstained page: that page, which is too mere a picture

of crimes and misery--where the peaceful and innocent crowd never

appear, but give place to the profligate votaries of perverted

ambition--and which, like tragedy, is languid and distasteful, unless

enlivened by atrocious deeds, and horrid sufferings.[21] We shall not

attempt, then, to protract our account of the last thirty-five years

of Judge Marshall's life. It was spent in the diligent, and upright,

as well as able discharge of his official duties; sometimes presiding

in the Supreme Court at Washington, sometimes assisting to hold the

_Circuit Federal Courts_, in Virginia, and North Carolina. His

residence was in Richmond, whence it was his frequent custom to walk

out, a distance of three or four miles, to his farm, in the county of

Henrico. He also had a farm in his native county, Fauquier; which he

annually visited, and where he always enjoyed a delightful intercourse

with numerous relations and friends. Twice, in these thirty-five

years, he may be said to have mingled in political life, but not in

party politics.

[Footnote 21: "En effet l'histoire n'est que le tableau des crimes et

des malheurs: la foule des hommes innocents et paisibles disparait

toujours sur ces vastes théâtres: les personnages ne sont que des

ambitieux pervers. Il semble que l'histoire ne plaise que comme la

tragedie, qui languit si elle n'est animée par les passions, les

forfaits, et les grandes infortunes."--_L'Ingenu, Ch. 10_.]

In 1828, he was delegated, with others from the city of Richmond, to a

convention held in Charlottesville, for the purpose of devising a

proper system of internal improvements, for the State; to be

recommended to the Legislature: and he took a becoming part in the

deliberations of that enlightened body.

In 1829, he was chosen to represent the city in the Convention which

met in October of that year, to revise and amend the State

Constitution. Here was exhibited a spectacle, one of the most

affecting in our day, of three men--Madison, Monroe, and

Marshall,--who having assisted in establishing the liberties and

creating the government of their country, and having filled her

highest stations, were now consulting with a later generation, upon

the means of rendering that government {188} purer, more durable, and

more productive of happiness. Mr. Monroe was nominated by Mr. Madison

as President of the Convention; and, having been unanimously chosen,

was conducted by Mr. Madison and Mr. Marshall to the chair. During the

three months of the session, Judge Marshall repeatedly engaged in

debate: displaying still that power of reasoning, with that bland

courtesy of manner, which had always distinguished him. His voice was

now become extremely feeble; so that those who sat far off could not

hear him: no sooner therefore did he rise, than the members would

press towards him, and strain with outstretched necks and eager ears,

to catch his words. The basis of representation, and the structure of

the judiciary, were the subjects upon which he chiefly spoke. The

difficulties of adjusting the former, so as to satisfy both the east

and the west--the irritated feelings which began to appear on both

sides--and the imminent dread which the patriot felt, of a division of

the state--will not soon be forgotten. It was when a _compromise_ of

the difference was proposed, that the Chief Justice displayed his

greatest power. Towards the close of a speech, which was at the time

regarded as an unrivalled specimen of lucid and conclusive reasoning,

he said, he "hailed that auspicious appearance, with all the joy with

which an inhabitant of the polar regions hails the re-appearance of

the sun, after his long absence of six tedious months." It was of a

position maintained by him in this speech, and which, an opposing

orator said, had been _overthrown_ by Mr. ---- of Augusta, that John

Randolph declared, "The argument of the Chief Justice is unshaken, and

unanswerable. It is as strong as the fortress of Gibraltar. Sir, the

fortress of Gibraltar would be as much injured by _battering it with a

pocket pistol_, as that argument has been affected by the abortive and

puny assault of the gentleman from Augusta." The great Roanoke

orator's esteem and admiration for the Chief Justice (although, on

federal politics, they widely differed) amounted almost to idolatry.

An amicable contest between them one day, on the floor of the

Convention, furnished him an occasion for paying to the latter a

tribute as beautiful, as it was simple and just. The Chief Justice,

thinking that some remark of his had been understood by Mr. Randolph

as personally unkind, arose with earnestness to assure him that it was

not so intended. Mr. R. as earnestly strove to quiet Judge M.'s

uneasiness, by assuring him that he had not understood the remark as

offensive. In their eagerness, the one to apologize, and the other to

show that no apology was necessary, they interrupted each other two or

three times: at length Mr. R. effectually silenced his friend, by

saying, "I know the goodness of his heart too well to have supposed it

possible that he could have intended to give me pain. Sir, I believe,

that like 'My Uncle Toby,' _he would not even hurt a fly_."

A visiter in Richmond during the Convention, being at the market one

morning before sunrise, saw the Chief Justice of the United States, in

the blue-mixed woollen stockings and the plain black suit (far from

superfine) which he usually wore, striding along between the rows of

meat and vegetables, catering for his household; and depositing his

purchases in a basket, carried by a servant. But it was his frequent

custom to go on this errand, unattended; and nothing was more usual,

than to see him returning from market at sunrise, with poultry in one

hand, and a basket of vegetables in the other. So beautifully, by a

simplicity which pervaded his words, his actions, his whole life, did

he illustrate the character of a republican citizen and magistrate!

No man more highly relished social, and even convivial enjoyments. He

was a member of the club, which for 48 summers has met once a

fortnight near Richmond, to pitch quoits and mingle in relaxing

conversation: and there was not one more delightedly punctual in his

attendance at these meetings, or who contributed more to their

pleasantness: scarcely one, who excelled him in the manly game, from

which the "Quoit-Club" drew its designation. He would hurl his iron

ring of two pound's weight, with rarely erring aim, fifty-five or

sixty feet; and, at some _chef-d'œuvre_ of skill in himself or his

_partner_, would spring up and clap his hands, with all the

light-hearted enthusiasm of boyhood. Such is the old age, which

follows a temperate, an innocent, and a useful life! We extract from

the American Turf Register of 1829, the following entertaining account

of this Club.

During a recent visit to Richmond, in Virginia, I was invited to a

"Barbecue Club," held under the shade of some fine oaks, near

"Buchanan's Spring," about a mile distant from the town. I there met

with about thirty of the respectable inhabitants of Richmond, with a

few guests. The day was a fine one, and the free and social

intercourse of the members rendered it peculiarly pleasant.

This Club is probably the most ancient one of the sort in the United

States, having existed upwards of forty years. It originated in a

meeting, every other Saturday, from the first of May until the month

of October, of some of the Scotch merchants who were early settlers in

that town. They agreed each to take out some cold meats for their

repast, and to provide a due quantity of drinkables, and enjoy

relaxation in that way after the labors of the week. They occasionally

invited some others of the inhabitants, who finding the time passed

pleasantly, proposed in the year 1788 to form a regular club,

consisting of thirty members, under a written constitution, limiting

their expenses each day by a sort of sumptuary law which prohibited

the use of wine and porter.

The Virginians, you know, have always been great _limitarians_ as to

constitutional matters. Whenever a member died or resigned, (but there

have been very few resignations,) his place was filled by balloting

for a new one, who could not be elected without the concurrence of

two-thirds of the club. It is said that for many years no vacancy

occurred, and a sort of superstitious sentiment was prevalent, that to

become a member of the club, was to insure longevity. The Arch

Destroyer, however, at length appeared in all his strength, and made

such havoc, that only one of the original members (the venerable Chief

Justice of the United States,) is now surviving.

The club consists of judges, lawyers, doctors, and merchants, and the

Governor of the Commonwealth has a general invitation when he enters

into office. What gave additional interest to this body, some years

ago, was the constant attendance (as honorary members) of two

venerable clergymen--one of the Episcopal, and the other of the

Presbyterian church, who joined in the innocent pastime of the day.

They were pious and exemplary men, who discerned no sin in harmless

gaiety. Quoits and backgammon are the only games indulged in, and one

of the clergymen was for many years "cock of the walk" in throwing the

_discus_. They are gone to their account, and have left a chasm that

has not been filled.

Some years ago, an amendment was made to the constitution, which

admits the use of porter. Great opposition was made to this

innovation, and the destruction of the club was predicted as the

consequence. The oppositionists, however, soon became as great

consumers of malt and hops as their associates, and now they even

consent to the introduction of wine at the last meeting of every year,

provided there be "a shot in the locker." The members each advance ten

dollars to the treasurer at the beginning of the season, and every

member is entitled to invite any {189} strangers as guests, on paying

into the general fund one dollar for each; while the caterers of the

day, consisting of two members in rotation, preside, and have the

privilege of bringing each a guest (either citizen or non-resident,)

at free cost. On the day I was present, dinner was ready at half past

three o'clock, and consisted of excellent meats and fish, well

prepared and well served, with the vegetables of the season. Your

veritable gourmand never fails to regale himself on his favorite

_barbecue_--which is a fine fat pig, called "shoot," cooked on the

coals, and highly seasoned with cayenne--a dessert of melons and

fruits follows, and punch, porter and toddy are the table liquors; but

with the fruits comes on the favorite beverage of the Virginians, mint

julep, in place of wine. I never witnessed more festivity and good

humor than prevail at this club. By the constitution, the subject of

politics is forbidden, and each man strives to make the time pleasant

to his companions. The members think they can offer no higher

compliment to a distinguished stranger, than to introduce him to the

club, and all feel it a duty to contribute to his entertainment. It

was refreshing to see such a man as Chief Justice Marshall, laying

aside the reserve of his dignified station, and contending with the

young men at a game of quoits, with all the emulation of a youth.

Many anecdotes are told of occurrences at these meetings. Such is the

partiality for the Chief Justice, that it is said the greatest anxiety

is felt for his success in the game by the bystanders; and on one

occasion an old Scotch gentleman was called on to decide between his

quoit and that of another member, who after seemingly careful

measurement, announced, "Mister _Mareshall_ has it a _leattle_," when

it was visible to all that the contrary was the fact. A French

gentleman (Baron Quenet,) was at one time a guest, when the Governor,

the Chief Justice, and several of the Judges of the High Court of

Appeals, were engaged with others, _with coats off_, in a

well-contested game. He asked, "if it was possible that the

dignitaries of the land could thus intermix with private citizens,"

and when assured of the fact, he observed, with true Gallican

enthusiasm, that "he had never before seen the real beauty of

republicanism."

In Judge Marshall's yearly visits to Fauquier, where the proper

implements of his favorite sport were not to be had, he still

practised it among his rustic friends, with _flat stones_ for quoits.

A casual guest at a _barbecue_ in that county--one of those rural

entertainments so frequent among the country people of Virginia--soon

after his arrival at the spot, saw an old man emerge from a thicket

which bordered the neighboring brook, carrying as large a pile of

these flat stones as he could hold between his right arm and his chin:

he stepped briskly up to the company, and threw down his load among

them, exclaiming, "There! Here are quoits enough for us all!" The

stranger's surprise may be imagined, when he found that this plain and

cheerful old man was the Chief Justice of the United States! Nor was

the _bonhommie_, with which he could descend to the level of common

life, restricted to his intercourse with men and women: he was often a

pleasing companion even to children. One, whose first recollection of

him referred to his triumphal entry (for such it was) into Richmond,

on his return from France, and who, as a printer's boy, afterwards for

several years was carrier of a newspaper to him, describes him as

"remarkably fond of boys' company--always chatty--and always

pleasant." The reminiscent, having been transferred to Washington in

1800, while Mr. M. was Secretary of State, says, "again did the

pleasing office of serving him with the 'Washington Federalist'

devolve on me. He resided in a brick building hardly larger than most

of the kitchens now in use. I found him still the same plain,

unostentatious John Marshall: always accessible, and always with a

smile on his countenance when I handed him the 'Federalist.' His

kindness of manner won my affections; and I became devotedly attached

to him."

Even from this early period the reminiscent may date the commencement

of an intercourse and correspondence with the Chief Justice, which

endured uninterruptedly for many years, until the period of his

lamented death. The unaffected and childlike simplicity of manner,

action, and thought which pervaded, as the sunlight pervades the

atmosphere, every moment of this truly great man's existence, and

which, indeed, formed, in no little degree, the basis of his

greatness, sufficed to render the intercourse of which we speak, an

intercourse of the most kindly, unembarrassed, and intimate nature;

and one which afforded opportunities for a more particular knowledge

of the strictly private and familiar habitudes of the man, than has

fallen to the lot of many who, perhaps, were better entitled to his

confidence. The reminiscent would here acknowledge, not only with

gratitude, but with pride, the innumerable, yet unobtrusive acts of

generous assistance and advice, for which he is indebted to the

friendship of Chief Justice Marshall.

When, to all these engaging traits of character, we add that his

charitable benefactions were as large as his mind, and as

unostentatious as his life; and that in his dealings he was so

scrupulously just, as always to prefer his own loss to the possibility

of his wronging another; it can be no wonder, that despite the

unpopularity of his federo-political opinions, he was the most beloved

and esteemed of all men in Virginia.

The influence of Judge Marshall upon the decisions of the Supreme

Court, in cases requiring a determination of the limits set by the

Constitution to federal power, will be deemed salutary or pernicious,

according as the mind which contemplates it is biassed towards the one

or the other school of opinions on that subject--towards the _strict_,

or towards the _liberal_ (what its opponents term the _licentious_)

construction. Having been profoundly--perhaps exaggeratedly--impressed

with a dread of the evils attending a feeble government for the Union,

he had advocated the new Constitution originally, and maintained the

_liberal_ interpretation of it afterwards, as indispensable to the

integrity and wholesome action of our system. Opinions which he had

thus held for thirteen years, and which had become fixed more and more

deeply in his mind by his numberless able vindications of them, he

could not be expected to throw aside when he ascended the Bench. They

pervaded his decisions there; and such was the influence of his

gigantic intellect, that, although, as Chief Justice, his vote had no

more legal authority than that of any other Judge, and although most

of his associates were deemed, at their appointments, maintainers of

the _strict construction_,--the Supreme Court took its tone from him;

and in almost every instance where the controversy turned upon the

boundaries between _federal_ and _state_ authority, as fixed by the

Constitution, its determination tended to enlarge the former, and to

circumscribe the latter. Never, probably, did any judge, who had six

associates equal to himself in judicial authority, so effectually

stamp their adjudications with the impress of his own mind. This may

be read, in the generous pleasure with which the best and ablest[22]

of those associates dwells upon the {190} inestimable service done to

the country, in establishing a code of Constitutional Law so perfect,

that "His proudest epitaph may be written in a single line--Here lies

the Expounder of the Constitution of the United States." It may be

read in the glowing page, where Mr. Binney, resolving the glory of the

Court in having "explained, defended and enforced the Constitution,"

into the merits of its presiding judge, declares himself "lost in

admiration of the man, and in gratitude to Heaven for his beneficent

life." It may be read in the many volumes of Reports, where,

whensoever a question of constitutional law was to be determined, the

opinion of Judge Marshall is found, almost without exception, to be

the opinion of the Supreme Court.

[Footnote 22: Judge Story.]

We shall make but one more extract from Mr. Binney's admirable Eulogy.

He was endued by nature with a patience that was never

surpassed;--patience to hear that which he knew already, that which he

disapproved, that which questioned himself. When he ceased to hear, it

was not because his patience was exhausted, but because it ceased to

be a virtue.

His carriage in the discharge of his judicial business, was faultless.

Whether the argument was animated or dull, instructive or superficial,

the regard of his expressive eye was an assurance that nothing that

ought to affect the cause, was lost by inattention or indifference;

and the courtesy of his general manner was only so far restrained on

the Bench, as was necessary for the dignity of office, and for the

suppression of familiarity.

His industry and powers of labor, when contemplated in connection with

his social temper, show a facility that does not generally belong to

parts of such strength. There remain behind him nearly thirty volumes

of copiously reasoned decisions, greater in difficulty and labor, than

probably have been made in any other court during the life of a single

judge! yet he participated in them all; and in those of greatest

difficulty, his pen has most frequently drawn up the judgment; and in

the midst of his judicial duties, he composed and published in the

year 1804, a copious biography of Washington, surpassing in

authenticity and minute accuracy, any public history with which we are

acquainted. He found time also to revise it, and to publish a second

edition, separating the History of the American Colonies from the

Biography, and to prepare with his own pen an edition of the latter

for the use of schools. Every part of it is marked with the scrupulous

veracity of a judicial exposition; and it shows moreover, how deeply

the writer was imbued with that spirit which will live after all the

compositions of men shall be forgotten,--the spirit of charity, which

could indite a history of the Revolution and of parties, in which he

was a conspicuous actor, without discoloring his pages with the

slightest infusion of gall. It could not be written with more candor

an hundred years hence. It has not been challenged for the want of it,

but in a single instance, and that has been refuted by himself with

irresistible force of argument, as well as with unexhausted benignity

of temper.

To qualities such as these, he joined an immoveable firmness befitting

the office of presiding judge, in the highest tribunal of the country.

It was not the result of excited feeling, and consequently never rose

or fell with the emotions of the day. It was the constitution of his

nature, and sprung from the composure of a mind undisturbed by doubt,

and of a heart unsusceptible of fear. He thought not of the fleeting

judgments and commentaries of men; and although he was not indifferent

to their approbation, it was not the compass by which he was directed,

nor the haven in which he looked for safety.

His learning was great, and his faculty of applying it of the very

first order.

But it is not by these qualities that he is so much distinguished from

the judges of his time. In learning and industry, in patience,

firmness, and fidelity, he has had his equals. But there is no judge,

living or dead, whose claims are disparaged by assigning the first

place in the department of constitutional law to Chief Justice

Marshall.

For several years past, Judge Marshall had suffered under a most

excruciating malady. A surgical operation by Dr. Physick of

Philadelphia, at length procured him relief; but a hurt received in

travelling, last spring, seems to have caused a return of the former

complaint, with circumstances of aggravated pain and danger. Having

revisited Philadelphia, in the hope of again finding a cure, his

disease there overpowered him; and he died, on the 6th of July, 1835,

in the 80th year of his age, surrounded by three of his children. His

eldest son, Thomas, journeying to attend his death bed, had been

killed by the fall of a chimney in Baltimore, but eight days before.

The love of simplicity and the dislike of ostentation, which had

marked Chief Justice Marshall's life, displayed itself also in his

last days. Apprehensive that his remains might be encumbered with the

vain pomp of a costly monument and a laudatory epitaph, he, only two

days before his death, directed the common grave of himself and his

consort, to be indicated by a plain stone, with this simple and modest

inscription:

"John Marshall, son of Thomas and Mary Marshall, was born on the 24th

of September, 1755, intermarried with Mary Willis Ambler the 3d of

January, 1783, departed this life the ---- day of ---- 18--."

All the just renown with which his great name might have been

emblazoned, simplified into the three circumstances, of _birth_,

_marriage_, and _death_, which would equally suit the grave-stone of

the humblest villager!

We cannot better conclude this article than by copying two

delineations of its subject, sketched by hands which, years before

him, were mouldering in the grave: sketched, it seems to us, with so

much elegance and truth, that any extended account of Judge Marshall

could hardly be deemed complete without them. The first was drawn

thirty years ago: the other, less than twenty.

"The ..... ....... of the United States," says Mr. Wirt, in _The

British Spy_, "is, in his person, tall, meager, emaciated: his muscles

relaxed, and his joints so loosely connected, as not only to

disqualify him, apparently, for any vigorous exertion of body, but to

destroy every thing like harmony in his air and movements. Indeed, in

his whole appearance, and demeanor; dress, attitudes, gesture;

sitting, standing, or walking; he is as far removed from the idolized

graces of Lord Chesterfield, as any other gentleman on earth. His head

and face are small in proportion to his height: his complexion

swarthy; the muscles of his face, being relaxed, make him appear to be

fifty years of age, nor can he be much younger: his countenance has a

faithful expression of great good humor and hilarity; while his black

eyes--that unerring index--possess an irradiating spirit, which

proclaims the imperial powers of the mind that sits enthroned within.

"This extraordinary man, without the aid of fancy, without the

advantages of person, voice, attitude, gesture, or any of the

ornaments of an orator, deserves to be considered as one of the most

eloquent men in the world; if eloquence may be said to consist in the

power of seizing the attention with irresistible force, and never

permitting it to elude the grasp, until the hearer has received the

conviction which the speaker intends.

"His voice is dry and hard; his attitude, in his most effective

orations, was often extremely awkward; while all his gesture proceeded

from his right arm, and consisted merely in a perpendicular swing of

it, from about {191} the elevation of his head, to the bar, behind

which he was accustomed to stand.

"As to fancy, if she hold a seat in his mind at all, his gigantic

genius tramples with disdain, on all her flower-decked plats and

blooming parterres. How then, you will ask, how is it possible, that

such a man can hold the attention of an audience enchained, through a

speech of even ordinary length? I will tell you.

"He possesses one original, and almost supernatural faculty: the

faculty of developing a subject by a single glance of his mind, and

detecting at once, the very point on which every controversy depends.

No matter, what the question: though ten times more knotty than 'the

gnarled oak,' the lightning of heaven is not more rapid or more

resistless, than his astonishing penetration. Nor does the exercise of

it seem to cost him an effort. On the contrary, it is as easy as

vision. I am persuaded, that his eyes do not fly over a landscape and

take in its various objects with more promptitude and facility, than

his mind embraces and analyzes the most complex subject.

"Possessing while at the bar, this intellectual elevation, which

enabled him to look down and comprehend the whole ground at once, he

determined immediately and without difficulty, on which side the

question might be most advantageously approached and assailed. In a

bad cause, his art consisted in laying his premises so remotely from

the point directly in debate, or else in terms so general and so

specious, that the hearer, seeing no consequence which could be drawn

from them, was just as willing to admit them as not; but, his premises

once admitted, the demonstration, however distant, followed as

certainly, as cogently, as inevitably, as any demonstration in Euclid.

"All his eloquence consists in the apparently deep self-conviction,

and emphatic earnestness of his manner; the correspondent simplicity

and energy of his style; the close and logical connexion of his

thoughts; and the easy gradations by which he opens his lights on the

attentive minds of his hearers. The audience are never permitted to

pause for a moment. There is no stopping to weave garlands of flowers,

to hang in festoons, around a favorite argument. On the contrary,

every sentence is progressive; every idea sheds new light on the

subject; the listener is kept perpetually in that sweetly pleasurable

vibration, with which the mind of man always receives new truths; the

dawn advances with easy but unremitting pace; the subject opens

gradually on the view; until, rising, in high relief, in all its

native colors and proportions, the argument is consummated, by the

conviction of the delighted hearer."

The following observations on the intellectual character of Judge

Marshall, are from the pen of FRANCIS W. GILMER--one who, had he not

been prematurely cut off by the hand of death, would have ranked with

the foremost men of his age and country.

"His mind is not very richly stored with knowledge; but it is so

creative, so well organized by nature, or disciplined by early

education, and constant habits of systematic thinking, that he

embraces every subject with the clearness and facility of one prepared

by previous study to comprehend and explain it. So perfect is his

analysis, that he extracts the whole matter, the kernel of inquiry,

unbroken, clean, and entire. In this process, such are the instinctive

neatness and precision of his mind, that no superfluous thought, or

even word, ever presents itself, and still he says every thing that

seems appropriate to the subject. This perfect exemption from needless

incumbrance of matter or ornament, is in some degree the effect of an

aversion to the labor of thinking. So great a mind, perhaps, like

large bodies in the physical world, is with difficulty set in motion.

That this is the case with Mr. Marshall's, is manifest, from his mode

of entering on an argument, both in conversation and in public debate.

It is difficult to rouse his faculties: he begins with reluctance,

hesitation, and vacancy of eye: presently, his articulation becomes

less broken, his eye more fixed, until, finally, his voice is full,

clear, and rapid, his manner bold, and his whole face lighted up, with

the mingled fires of genius and passion: and he pours forth the

unbroken stream of eloquence, in a current deep, majestic, smooth and

strong. He reminds one of some great bird, which flounders and

flounces on the earth for a while, before it acquires _impetus_ to

sustain its soaring flight."

The southern literary messenger, Vol. II., No. 3, February, 1836 · 第 56 / 117 题