Middletown transcript., 1869-04-17

exposition; and it shows, moreover, how
deeply he was imbued with that spirit
which will live after all the compositions
of men shall be forgotten, the spirit of
charity, which could indite history of
the Revolution of parties in which he was
a conspicuous actor, without discoloring
his pages with the slightest infusion Of
gall" On the trial of Aaron Burr, upon
the charge of misdemeanor in setting on
foot military expedition against the do
minions of the King Of Spain. to quote
from Mr.. John P. Kennedy, >" Judge
Marshall, whose opinions in this case,
were, like all the other exhibitions of his
judicial character, fraught with the calm
and impartial spirit of justice itself, and
distinguished for their legal shrewdness
and depth, did not escape some animad-
versions, 4 4 but the country has
not failed to render full honor to the pu-
rity, as well as the wisdom, of the mind
which guided the issues of this celebrated
trial" (Life of Writ, 1st vol. p. 154.
AS JUDGE, the character he gave to the
office, in his speech, in his old age, on
the contemplated change in the judiciary
of his native state, in the convention of
1929, will fully define his position, as all
his life in its every act will shew, that he
considered the office one of the most sacred,
and ats prostitution thegreatest curse upon
a country. A Judge" said he, " has
to pass between the most powerful indi-
vidual in the community, and the poorest
and most unpopular. 1t is of the last
Importance that in the performance of these
duties, he should observe the utmost fair
ness. | have always thought" said he
in continuance and conclusion, " from nay
earliest youth till noao, that the greatest
scourge an angry Heaven ever inflicted
upon an ungrateful and shining people,
was an ignorant, a corrupt, or a dependent
Judiciary"
The celebrated non-conformist, Richard
Baxter, has left upon record his opinion
of Lord Chief Justice Hale had John
Marshall sat for the picture it could not
have been more life-like. He was,"
said Baxter, ga man of no quick utter
ancc, but spake with great reason. He
was most precisely just, insomuch that
believe he would have lost all he had in
the world, rather than do an unjust act
Patient in hearing, the pillar of Justice
the refuge of the subject who feared op-
preston, and one of the greatest honors
of the government. His great advantage
of innocence, was, that he was no lover of
riches or Of grandeur his garb was too
plain, he studiously avoided all that man
ner of living which signifeth wealth and
greatness"
Indeed, Judge Marshall was peculiarly
sensitive on the subject of Judicial purity
"a couple of cases in point-the first Of
which the writer had from tho lips of
grandson of the old chief, when on a vis-
it few years since at "Oak Hill," the
old family seat In Fauquier; and the Sec
ond, from Bishop Meade of Virginia,
himself.
A large exporting house on the island
of Madeira, with whom the Judge had
corresponded for several years on business
matters, through their great admiration
of the man, sent him quarter pipe of
wine, of old and choice vintage, with
letter containing their compliments, and a
request that he would oblige the firm by
accepting the wine as present. The
Judge answered the letter promptly and
politely, thanked them for their friendship
expressed, but declined the present, cour-
teously, by remarking, that, 1t had been
has unsperctmg custom ever since has elena
tion to the Bench, never to accept gift.
Well had it been for Bacon, Lord High
Chancellor of England, had he been gov
erned by this principle. Had such been
has rule, the fame of the Philosopher had
not been linked inexorably, with the cor
ruption charged upon the Judge.
The other case was rather amusing
both from the circumstance itself, as on
account of the parties they were riding
on horseback through that portion of bad
roads in Fauquier, known as the "black
jack, roads at some seasons almost i'm
passable. The good Bishop seeing fence
down, and the field inside being better for
travel, started to leap the ditch, and take
the inside track-but the "Old Chief"
paused, and said, Bishop, I'd rather
not" Why" replied the Bishop. "Be-
cause, responded the Judge, sit is tres
pass, and as Judge | cannot conscien-
tiously do it. Let US stick to the s. black
jack" laughing merrily at the time in cho-
rus with the venerable Prelate, who drew
back his nag and together with his old
friend plunged through and finally out of
the cimmerian bogs" of the black jack.
There were several incidents in his pri-
vate life SO illustrative of his great honesty
and goodness, that it would not be fin
ished picture of the man, without these ac-
cessories. Not only would he never argue
in defence of what he believed to be an un-
just cause, but such was his idea of moral
obligation, that he could not be prevailed
on to take a legal advantage. For in
stance, he became endorser on bond.
The payer failed. The money had been
loaned on usurious interest, and according
to law, the debt was not recoverable. John
Marshalps name was on the back of that
note, and that was enough for him, he
paid it without hesitation. Marshall was a
true friend and nosseesad n nohla o,onaros