Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1837-09-27

exist, IN any quarter, the facts and doc.
uments presented by Mr.. LEIGH, must
etfectually refute and pu, them to rest.
In reference to the charge Of owner.
ship Of seventeen shares of stock, upon
which the insinuation was founded, Mr.
LEIGH says in his letter:
" | have no idea that Mr.. Marshall
ielt, that the holding of such an inter.
est in the bank, could have the leas,
influence upon his judgment on any
question Ia which the bank might be
concerned. But he was as remarka.
BILE for his circumspection and profound
knowledge of mankind, as he was for
his abilities and virtue he knew there
were such men as Mr.. Smith in the
world, and he was careful not to expose
his judicial conduct, TO their suspicion
and censure."
ihere are some other portions Of this
"excoriatng" letter of Mr.. Lnreu.
winch must be felt by the calumniator
OF Judge MARSHALL, if indeed he bs
not insenslble to remorse or shame =
For instance, the following paragraph
let Judge SMITH read it with compo.
sure and with good conscience, if he
can. Mr.. LEIGH says:
81 have no such personal knowledge
of Mr.. Smith as enables me 10 Judge
whether the imputation which he has
made upon Mr.. Marshall, is 10 be at.
tributed TO his consciousness Of the in.
fiuence of pecuniary interests on his
own mind, or that self tormenting envy
which attends superior virtue while Ii.
wing, and sometimes pursues it after
death, seeking relief from the pain
which its name inflic,s, IN the wretched
pleasure OF detractlon-or to political
ianatlcism, or to mere casual indul.
gence IN slang to effect present par.
ty purpose, in utter disregard of the
duties OF candor, charity and Justice"
10 giving utterance to the calumnious
charge against Judge Marshall, Mr.. s.
prolessed to do SO on the authority of
one of the present United States Sena.
tors from Virginia. These Senators,
we presume, will lose no time in clear.
ing their skirts of the charge, and from
all participation in an attempt to i'm.
peach the high integrity of name,
heretofore without the shadow Of re.
proach, and one of the highest and
most honored in our annals.
1t will be remembered that this same
Judge William Smith, now Of Alabama,
who hazards these inuendoes agains,
the Judicial integrity of the yenerated
Marshall, was offered by President
Jackson, a seat on the bench Of the
Supreme Court of the United States
1t will also, perhaps, be remembered
by some of our readers, and the recol-
lection of the fact will serve TO demon
strate in what manner circumstances
are sometimes overruled for good, that
the proetlred seat on the bench of JUS
tice was declined by Mr.. Smith, on the
ground that the temper and qualities Of
his mind were such as in times Of high
party excitement, 10 render him an un.
fit or unsafe depository of such trust!
The motive assigned for declining the
office was this in substance, if not in
words. The propagation Of the SIAN
der against Judge Marshall is singu.
lar and striking illustration Of the JUS
tice of this self-estimate on the part Of
Mr.. Smith. And whether he distrusts
under certain circumstances, his innate
love Of justice, which should enable
him to Judge impartiaIly between man
and man; or whether he is impatient
Of her trammels, which place an into.
lerable curb upon his Imagination, +" in
times of high party excitement" we
trust that never again will Mr.. William
Smith, Of Alabama, be called upon to
decline the office Of a Judge of the Su-
preme Court.