Middletown transcript., 1869-04-10

- Behold nlm then at last In that lofty ell
ovation for which he seemed to be made
There he sat more than thirty years, like
incarnate Justice, not blind, indeed, like
that fabled divinity, but seeing all things
with that quick, clear, penetrating eye
which, pierced at once through all
the intricate involutions of law and fact, to
discover the latent truth, or detect the
lurking fallacy, as by the glance of intui-
ton. No wonder that with such admira-
BILE faculties, combined with his known pu-
rity of purpose, and entire singleness and
simplicity of heart, he shed lustre around
that seat which it never had before. No
wonder that he appeared to the eye ofmany
in all parts Of our land, and, of those who
could not exactly agree with him in all his
views of our federal compact, as the very
ATLAS of the Constitution, supporting the
starry armament of our Union on his
shoulders which bowed not, bent not, be-
meath its weight. Such was the influence
of his gigantic intellect in the Supreme
Court that, although as Chief Justice his
vote had no more legal authority than that
of any other judge, it took its hue from
him. Never did any judge, probably, who
had six associates equal to himself in judi
cial authority, so effectually stamp their
adjuoations with the impress of his own
mind. This may be read in the generous
pleasure with which Judge Story dwells
upon the inestimable benefit done to the
country in establishing a code of constitu-
tional law SO perfect that his proudcst cpl
taph may be written in a single line
"HEnE LIES TIE ExpoUNDER OF TIE Con-
sTITUTIoN OF THE UNITED STATES" 1t
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 for the man, and, in
gratitude to Heaven, for his benefcent
life." 1t may be read in the many vol
umes of reports where, whatsoever qucs-
ton of Constitutional law was to be deter
mined, tho opinion of Judge Marshall is
found to be- almost without exception, the
opinion of the Supreme Court.
In 1904, he prepared biography of
George Washington, which has been pro-
nounced by competent authority, as "sur-
passing in authenticity and minute accur-
acy any similar production" In 1929, he
was again solicited by his native State to
assist, in the Convention, in revising and
amending her Constitution, and, had the
writer time, he might refer to the proceed
ings of that body which numbered among
its members, such men as Randolph of
Roanoke, James Madison, James Monroe,
John Marshall. A little circumstance oc-
CURED in that august assembly, on one oc-
casion, which was so entirely characteristic
of the noted parties concerned, that the
mention Of it may not be out of place. In
the course of debate the "Old Chief, !"
thinking he had, perhaps, said something
which had been understood by Mr.. Ran
dolph as personally unkind, arose, and
with great earnestncss sought to assure the
great orator of Roanoke, that he did not
intend anything of the kind. Mr. Ran
dolph strove to quiet the apprchensions of
Judg ge Marshall, by assuring him that he
had not understood his remarks as having
any such construction. In the eagerness
of these two great men, the one to offer
frank apology, the other to protest that he
was not, and could not be offended with
one for whom he had so high respect, they
each, frequently interrupted the other.
Randolph, who, really almost idolized the
"Old Chief" Notwithstanding they diff
fered materially on federal politics, effect
ually put the Judge to silence, by trib-
ute as beautiful as it was just "Mr.
President" said Mr.. Randolph, 81 know
the goodness of Judge Marshall's heart too
we'll, to have supposed it possible he could
have intended to give me pain" "Sir,"
said he,-his own proud and unquailing
eye filling with moisture, 81 believe, like
my uncle Toby, he would not hurt a fly"
All who are acquainted with Sterne' s
" Tristram Shandy" will recognize the ex-
quisite reference of Mr.. Randolph. 1t
was appreciated at once by spontaneous
murmur of applause.
For many years up to the period of his
death, he was President of the Virginia
Colonization Society,"" as also the "Vir-
ginia Historical and Philosophical Socie-
ty," both of which Institutions felt honor
ed, and were honored in his membership,
and by his cooperation. On the 25th OF
December, 1881, after an union of nearly
half century, his beloved wife, who had
for years been great sufferer from pain
full nervous disorder, was taken from him
by death. That day, till his own decease,
four years afterwards, was a consecrated
anniversary, Touchipgly and beautifully
did he write to his old friend, Bishop
Meade, of Virginia" Grief for her is toe
sacred ever to be profaned on this day,
which shall be, during my existence,
marked by recollection of her virtues"
In the summer of 1885 be visited Phil
adelphia ;--then in his eightieth year, for
the purpose of consulting Professors Chap
man and Randolph in relation to his dis.
case, an affection of the liver, and on the
9th of July. in that city, surrounded by
several of his children, who had hastened
to his bedside as soon as the news of his
illness had reached them, the great soul Of
John Marshall passed away into 6 the
bosom of bis Father and his God"
"Sureiy the last end of the good man is peace