Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-01-30

1850 ~ hAc WIN w. ofN"
g~aliantry and frmness. The way being thu
opened by the retreat Of tho British, he march.
cd with the proyincials TO Norfolk, and wa'
present when that city was set on fire by a de-
tachment from tho British ships, then lyiag in
the river, and afterwards when the remaining
houses were burnt by orders from the commit
tee Of safety, and the place evacuated.
eli July, 1916, he was appointed first lieu
tenant in the eleventh Virginia regiment on the
continental establishment, and in the course
Of tho succeeding winter, no marched TO the
north, where, in May, i717, lie was promoted
to tho rank Of captain. lie was subsequently
engaged in the skirmish at Iron HILL, with the
light infantry, and fought the memorable bat
ties of B~randywIne, Germantown and Moa-
mouth.
"That par, Of the Virginia line, which "a.
not ordered to Charleston, Is. CO. being in eff
feet dissolved by the expiration of tho term OF
enlistment Of the soldiers, the officers (among
winter of l779-S0, directed to return homo
in order to charge of such men as tho State
Legislature should raise for them. II was
during this season Of i~naction, that lie availed
himself OF the Opportunity ofa,tcndrg a course
of law lectures given by Mr.. WJthe, after
wards Chancellor Of the State, and a course
Of lectures on natural philosophy, given by Mr..
Madison, President Of William md Mary Col
loge in Virginia. lie left this College in the
summer vacation OF 1855, and obtained a Ii
cencc 10 practice law. In October he returned
to the army, and continued in service until tho
termination Of Arnold's invasion. After this
period, and before the invasion Of Philips, in
February, 1871. there being a redundancy of
officers in the Virginia linz, he resigned his
commission.
"This redundancy Of officers was the lead
ing motive for resignation, since it left him of
libery, consistently with the most scrupulous
devotion 10 his country, to consult his own flu
ture prospects in life, and 10 favor the adj
vancement Of his companions in arms. In
fact, however, he may be said TO have been in
service during the whole war, and to have had
an ample share in the brunt Of battle, and in
the difficulties, discoura gerncnts and sulierings
with which the American army was surround
ed in the most gloomy of its campaigns. That
he served with great distinction, and was
equally remarkable for courage, intelligence.
and activity, is attes.od by many OF his fellow
officers; with won ho was then, and has ev-
CIR since, continued to be, a %fayorite. We
cannot refrain from inserting 4 paragraph on
This subject, copied from L recent publication,
rs the testimony Of an cyo-riincSs:--' When
tho writer Of this article first saw him. says
the sketch, "hc held tho commission Of cap
taln in that regiment. (meaning the regiment
on tho continental establishment, commanded
by his father, Col. Marshall.) 1t was the try
ing, severe winter Of lifts, and n few
months after the disastrous battles Of Brandy
wine and Germantown had tested his frmness,
hardihood and hor0,sn. The spot, where we
acquired our earliest Information Of him, was
the famous Iuttod encampuient at Valley
Forge, aboat thirty miles from Philadelphia.
BY his appearance then, we supposed him
about twenty-five or twenty-thrcc years of
age, Even so early in life, we ~rccollect that
ho appeared 10 us prime inter pares, for
amidst the many commissioned officers he was
Disseminated for superior intelligence Our
informant, Col Ball, of another regiment in
the same line, represented him as a Young
man, not only brave, but signally intelligent
Indeed, all those who intimately knew him,
affirmed, that his capacity was held in such
estimation by many Of his brother officers, that
in many disputes Of n certain description, he
was constantly chosen arbitcr; and that Off
Gers, irritatod by diilereliccs or animate by
debate, often submitted the contested points
10 his judgments, whicl, being given in writ
ing, and accompanied, ns it commonly was,
BY sound reasons in support of his decision,
obtained general acquiescencc.' Such is the
testimony Of 4 contemporary. and We have no
doubt Of is entire correctness.
Upon the resignation Of MIR. Chief Justice
Ellsworth, 4 good deal Of public anxiety was
expressed respecting his successor. The
friends of Mr.. Justice Patterson, who was
certainly an eminent judge, indnlgcd the hope,
that he would bo nominated 10 tho Office
When the President. consulted the Secretary
Of State on the subject, the latter unhesitating-
ly recommended Mr. Patterson. Tho Prcsi-
dent, however, had an insupcrab!c objection
to the nomination, assigning as a reason, that
he could not make it without woundlng the
feeling, OF Mr.. Jasticc Cushing, who was an
old friend, and Tho senior Judge on the bench
He nominated Mr. Jay, who declined; and as
soon IS that fact was known, the President
with unusual prompti.udc and decision, nomi-
mated Mr.. Mara all. The nomination was
confirmed by the Senate, and Nr. Marshall.
on the SIS, day Of January, 1904, became
Chief Justice Of the United States, and has
continued ever since that period to gil the Of
lice with increasing reputation and unsullicd
dignity The wisdom Of this cholcc, whatever
might have been the disappointment or par
TALLY Of tho friends Of othor candidates, has
been fully established by the event. The so-
gacity and independence OF President Adams,
the inimitive perception Of character, and
comprehensiveness Of observation, almost
amounting to prophecy, which were so promi-
ncn' traits in his mind, never were unfoldcd in
a more imposing form. There is probably not
n rejecting man in Amer; "A, OF any party. or
any fragment Of any party, who would not
now cheerfulIy admit. that the highest judicial
honors could not have fallen on any ono, who
could have sustained them with moro solid adj
vantage to tho glory, or interests Of the coun-
try.
"Splcndid indeed as has been tho irdicial
career of this eminent man, il is scarcely pos.
sible that the extent of his lsbors, the yigor Of
his iatellcct, or the un,lting accuracy ofhis
learning, should be duly estimated, except by
the profession Of which no is so great an or
namont. Questions Of law rarely assume a