The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-10

judicial system provided for in the iustru-
ment under discussion. A close and logical
debater, dscarding ornaments of speec .,
discursiveless and piatitudss. his arguments
were transferable.
This battle between giant intellectS wa2ed
for twenty-five days, and resulted in the
adoption of the constitution by a small
majority. 1t is proper to say, however,
that the change of sentiment evidenced by
this vote was due, in a considerable degree,
20 the fact that nine of the thirteen states
had already adopted TIE new fundamental
law, and the feeling that it would
be better to accept 1t than 70 leave the
state without the union and dependent
entirely upon her Own re5Ourc s.
diplomat OF the first order. the conduct
of the negotiations had by Marshall and
his colleagues with Talleyrand that priucs
of intriRuers, proved HIM to be. Firm, Dig
nifed, sensible in his bearing and communi-
cations, he upheld in a perfect way tle
honor and dignity of the new republic, and
proved to Frances government, still skep-
teal OF its capacity the quality OF American
diplomacy.
Indeed, in all departments of statemau-
ship Marshall was pre- eminent. His in
structlOus TO the representative of this
government at the court OF ST. James during
trying crisis, when ne held the portfolio
of Secretary of State in Adams cabinet,
were admirable; and, in fact, the whole con
due Of the negotiations with France aud
England, rival and jealous powers, to a
successful termination, constitute proof
positive Of his genius for affairs of state
On Jan. 81, 1901, Adams made what he
termed his present of John Marshall to
the people of the United States" by APP
pointing him to be chief justice of the SUI
preme court. And In that appointment
alone is sufficient reason for this people to
in, NJ 10.
OF Adams. On Feb. "a, 1901. Marshall en-
tered upon the discharge of the duties of his
new office. With his elevation to and
leadership of the bench opened an epoch in
the jude al history of our country. A
written constitution was then first upon
trial, and upon a wise. consistent and fair
Interpretation of its terms depended the
future Of new essay in political science.
1t was partic Ilarly fortunate, therefore,
that man of more originality than erudi-
ton, and one entirely conversant vita the
history of the building of this ark
of the peoples liberties. aud with a thorough
knowledge of the reasons that led TO the
adoption of its different provisions one
steadfast in character, upright, just, with
the courage of his convictions, and possess
ing the confidence of the mass of the peo-
pie, should have been called to the delicate
duty of forming the system of American
constitutional law.
Marshsll's position was pecu-
liarIy difficult one just. then,
because the leader of the opposi-
ton to the construction placed upon the
constitution b. Washington and Adams
and their supporters, among the warmest
Of whom was the new chief justice had
been made President by the popular voice,
and the ties that held the people aud states
together were undergoing a strain that
threatened to break them asunder, and to
involve the new government in destruoti on,
with the attendant loss of all that had been
gained by the successful issue of the war
with the mother country.
Chief Justice Marshall was a man who
sought to avoid no responsibility, and he
quietly proceeded with the performance of
his duty undisturbed by popular clamor.
And it seems certain that no man could
have so succeeded as Marshall did in BUR
mounting the obstacles that lay in his
path.
1t is fortunate for Marshall's fame as a
judge that he was not bound down by
precedents; that his work lay in an unex-
plored territory, where he had to establish
landmarks and fix new lines, and not in an
old field where 1t would have been to find
corner-stones already set, and to re-run old
boundaries. His mind was an eIninently
practical, original and formative one, and.
controlled as it weI, by an acute sense of
fairness, natural justice and equity, his
decisions filed the utmost wants
OF the situation. In his de-
cisions, the reasoning is so logical. clear and
simple; so free from sophistry, 50 direct and
honest that they form a commentary on
the constitution that is exhaustive, and first
in authority for all the world and for all
time. In them he has reared to himself a
monument grander than "any storied urn
or animated bust" and as lasting as civil
lYn nn ~
decisions truly learas the meaning of the
maxim, jurisprudence Is the science of
Justice" and agrees with the enthusiastic re-
mark uttered in respect to m, that he
"was born to be the chief justice of any
country in which he lived"
MarshalPs mental vigor continued un-
abatei until the very end of his long and
useful life. In 1880, at the p3triarchal age
Of rs years, he rendered his last special
service to his state as delegate to the con-
stitutional convention. And the service
was signal one, for he successfully threw
all the weight of his great Influence and
reputation, backed by his still eloquent
pleading, into an effort to reconcile the diff
ferences between the extremists In the con-
vension, and established a middle ground
upon which they could stand. TAe presi-
dent of this convention was Monroe. aud
on the floor as delegate was Madison, both
old and feeble men, crowned with the VEN
Grafton and love of their state. What an
inspiration to Virginia's younger sons must
have been the presence of these sages par
ticipating in their deliberations
the personal and private character of
Marshall was as beautiful as his public
character was grand. Simple and demo-
cratic in his tastes, unassuminS, unostenta-
tious, modest, gentle IN manners, kindly
hearted aud genial. he was the idol of his
people.
His domestic life was pure; and the ten
der care and loving attention he gave his
wife, for long years an invalid, is a touch
lug evidence Of the depth Of his affections
He was in no wise spoiled by the praise of
the world, and the exalted place he occu-
pied, but was always Courteous to and con-
slderate of all men; be looked beyond the
superficial aud extrinslc and sought for the
intrinsic and lasting qualities of manhood.
His religious convictions were deep and
sincere. Always believer in the truth of
the Christian Revelation, and finally ia the
divinity of Christ, his active Influence
servet as a breakwater against the atheis.
teal wave that surged over this country
carly in the centlry-a wave having its
center In tho French revolution, and radi-
ating thence throughout the civilized world.
A few days before his death. being per-
fectly conscious of his approaching dissolu-
tion, and having entire possession of his
faculties, he wrote, with characteristic
modesty, the following inscription for his
tomb:
John Marshall, son of Thomas and Mary
Marshall, WAS born on the oath of Septeu-
Der, 1853; intermarried with Mary Willis
Amber the Sd Of January, 1888; departed
this life - day of - IS"