The free lance. (Fredericksburg, Va.) 1885-1926, 1899-09-12

NJ February next as Marshall Day,
that being the centennial recurrence OF
the day on which the great Chief JUS
tice first assumed the ermine. The
is a commendable one, for
John Marshall, in respect to force OF
intellect, purity of character and emf
nent public services. was one of the
very foremost men our country has pro-
duced. He certainly was more inhuen-
tial than any one man, and probably
more than all Of his contemporaries
combined. in giving that luminous con-
struction to the untried federal consh-
tuition which set the machinery in sue
cessful operation, and impaired to the
government the complexion of nation
ality and Capitalization which it has
ever since exhibited The contempla-
ton of the character Of Marshall will
be an incentive to virtue. patriotism
and simplicity, and the study OF his
supreme powers as a constitutional ex-
pounder will be a most useful lesson to
the young; and will, indeed. give to
many. very many, of the old an insight
which they do not now possess into the
early era in our history as
republic when there were formed the
two schools Of constitutional construc-
ton which have survived to the pres
emit day.
Several of the recent references to the
great jurist which we have seen in the
public press show such want of correct
touching his life and Off
cial career as would seem to make the
observance of Marshall Day par
appropriate from an educa-
tional standpoint Only day or two
since so prominent paper as the At
lanta Journal ascribed to President
Washington the appointment OF Mar
shall as Chief Justice while about six
weeks ago one of the so.called syndicate
Washington letters that went the rounds
of the press contained "reminiscences
Imaginary, no doubt, of an aged Of
fcer Of the Supreme Court, in which
these two expressions occur 1.-THE
good that mankind received through
his elevation to the bench. first as a
Circuit Judge in Virginia and later as
Chief Justice Of the United States. " +
Judge Marshall was well past
middle life when appointed Chief JUS
tice by President Jefferson. " This
erudite syndicate letter found its way
into so well-informed paper as the
News, in its issue Of July rs.
Now. the fact is that when Marshall
was appointed Chief Justice Washing
ton had been dead year, month and
seventeen days, aud it was yet a month
and four days before Jefferson's first
He was appointed by
John Adams in the expiring weeks Of
his administration, on the last day OF
January, 1901 You will often see, by
the way the statement made that Mar
shall's was one of the memorable
midnight appointments. That is
not SO. The Adams administration and
the federal party had at the last mo-
nent hurried through Congress an act
creating additional United States Dis.
trict and Circuit Courts. and as late as
} o'clock on the night Of the 3rd of
March some of the nominations to these
new judgeships were sent in by Adams
TO the Senate for confirmation. These
received the designation Of the mid
night appointments. A few hours
after these belated nominations the
irate old gentleman gathered up his
belongings" and shook the dust of the
White House from his feet. He left
the city of Washington by sunrise next
morning, resolved upon not seeing JEFF
ferson adjust his Democratic corporos-
ity in the presidential chair.
Marshall was Adams Secretary of
State when appointed Chief Justice,
and it must always seem an inconsist-
ency in man Of his elevated charac-
ter that he yielded to the request OF
Adams to retain the place Of Secretary
Of State while performing the functions
of Chief Justice; for. without relin-
gushing the portfolio Of State, he pre-
sided over the Supreme Court from the
4th to the 9th Of February.
The readers of The Free Lance will
remember that the publication in this
paper Of report that went the rounds
that the grave Of Marshall was I'M
marked and in disgraceful neglect, call
ed forth letter from Judge Beverley
r. Wexford, of Richmond, stating that
this report was without foundation,
and that Marshall was buried in Shockoe
Graveyard by the side Of his wife, and
that there was over his grave a we'll