Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-01-08


knew him, affirmed, that his capacity was held
in such estimation by many Of his brother OF
6cers. that in many disputes Of certain descriP'
ton he was constantly chosen arblter; and that
officers, irrlated by differences or animated oy
debate. often submitted the contested points 10
his Judgment, which being given IN writing
and accompanied, as it commonly was, by
sound reasons in support OF his decision, oo-
tanned general acquie scencc.' Such is the tes'
timony OF a contemporary, and we have no
doubt Of its entire CORRECTNESS"
Upon the resignation ofMr. Chief Justice
Ellsworth good deal Of public anxiety was ex-
pressed respecting his successor. The TRENDS
of MIR. Justice Patterson, who was certainly an
eminen, Judge, INDUCED the hope. that he
would be nominated to the Office. When the
President consulted the Secretary OF Stale on
this subject, the latter INTERESTINGLY recon-
mended Mr. Patterson. The President how
ever, had an insuperable objection to the nom.
iIation, assigning as reason that ne eouio
not make i, without wounding the feelings Of
MIR. Justice Gushing, who was an old friend
and The senior Judge ON the Bench. he nomi-
mated MIR. Jay, who declined; and as soon as
that fact was known, the President, with unusu'.
al promptness and decision, nominated Mr..
Marshall. The nomination was confirmed by
the Senate, and Mr. Marshall on the 3lst day
of January; 1901. became Chief Justice Of the
United States, and has continued ever since
that ps iod to fill the office with increasing re-
puiation and unsullied dignity. The wisdom
Of this choice, whatever might have been the
disappointment or Partially OF the friends oil
the other candidates, has been fully establish
ed by the event. The sagacity and independ-
ence of President Adams, that intu!tive per.
NJ ahanci van nj
obs, ~ alton, almost amounting 10 prophecy,
which were SO prominent traits in his mind,
never were unfolded in a more imposing form.
There is probably not rejecting man in A
merica Of any party, or any fragment OF any
party, who would not now oheerfully admit,
that the highest Judicial honoars could moi
have fallen on any one, who could have sus-
tanned them with more solid advantage TO the
glory or interests Oft country.
"Splendid indeed, as has been the judicial
career of this eminent man, II is scarcely pos
sible that the extent of his labours, the vigour
oil his intellect, OR the unriring accuracy of his
learning, should be duly estfindtee.Gxcept by
the profession Of which he is great an orna-
men;. Questions OF law rarely assume cast
which introduces them to extensive public no.
tice; and those, which require the highesl fac
ulti.s Of mind 10 master and expound, are
commonly so intricate and remote from The or.
binary pursuits Of life, that the generality oil
readers do not bring 10 The examination oil
them The knowledge necessary to comprehend
them, or the curiosity, which imparts e relish
and favour to them.
"For the mos, part, therefore, the reputa'
lion of Judges is confined to the narrow limits
which embrace the votaries Of jurisprudence;
and many of those exquisite judgments, which
have cos; days and nights Of the most elabo.
rate study, and for power of thought. beauty Of
illustration, variety Of learning, and elegant de-
monslraion, are justly numbered among the
highest reaches Of the human mind, find no ad.
miration beyond the RANKS Of lawyers, and live
only in the dusty repositories Of their oracIes.
The fame of the warrior is forever embodied
in the history Of his country, and is coIoured
with the warm lights reflected back BY the
praise of many distant age. The orator and
the statesman live not merely in the recollec-
ton Of their powerful eloquence, or the deep
impressions made by them on the character Of
the generation in which they lived, but are
brought forth for public Debates splendid VOL
umes in collegiate declarations, in the works
Of rhetoricians, in The school-books Of boys,
and in the elegant extracts ofmatarer life Not
! 10 60 back TO the ancients, the speeches Of
Chatham and Burke, and Sheridan, and Pitt,
and Fox, and Gratlan, will be familiar to the
ears, and uttered by the voices of thousands,
who never heard Of the gigantic learning Of
Coke, the commanding judgment Of Holt, the
infinitely varied professional attachments Of
Hardwicke, the felicitous and convincing ge-
MUS Of Mansfield, the caution and unerring sa>
gacity Of Eldon, the almost prelernatural union
OF judicial eloquence, exquisite diction and
sound principles Of Stowcil; or to name few
amongst the illus,rious of living and dead Of
our own country, The unoslenlalious but vigo-
rous sense of TiIghman, the profound and
| acute discernment Of Parsons, or the exhaust
ing diligence and polished strength Of Kent.
We shall not attempt on this oco aston to en-
ter upon minute survey Of The official labours
of Chief Justice Marshall However instruc.
live or insereSling su ch course might be to
the profession, the considerations already ad.
verted to, sufficiently admonsh US, that it
would no, Be very welcome 10 The mass of 9th,
er readers But there is one class Of cases,
which ought not to be overlooked, because it
comes home TO the business Of every citizen oi
this country and is felt in every graduation Of