The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-22

tatlNeS cenSurlnS the president ana
Judge Bee. the federal judge who pre-
sided at the habeas corpus proceedings.
Marshall spoke against the resolutions
and completely refuted the assump
tons of law on which they We're based.
This was the first case in the United
States of the eXtradition of an alleged
criminal that arose under international
law, and was recognized and enforced
by a treaty. MarshalPs speech is still
regarded as an authoritative EXPOSE
ton of international law on this sub
ject; it settled the principles that have
since guided the United States govern
ment in similar cases. This session of
congress continued till May II. Seven
days before its expiration Marshall was
nominated as secretary of war to sue
coed James McHenry, who had re-
signed. Before his nomination was con-
firIned, however, he was appointed sec
Ietary of state in place of Timothy
Pickering, who, because of differences
with President Adams over our diff
culties with France. had been dismissed
from Office. Marshall administered this
office with great ability. His state pa
pers were clear, logical and unanswer-
able. This is true especially of the in
StructionS he wrote Rufus King, our
minister TO England, relative to our
difficulties with that country as to the
right of search.
In November of 1900 Chief Justice
Ellsworth resigned. President Adams
offered the place to John Jay, who de-
clined it; then he appointed Secretary
Marshall, who was unanimously con-
frmed. Marshall was now As years old,
and till now had never held judicial
appointment. The task confronting
him was a most difficult one. There
were no precedents and he could receive
but little assistance from books, but
with a profound mind, a patient and
untiring industry and that strong COM
mon sense which is ever the basis of
greatness, he laid the foundation and
reared "a vast edifice by wholly new
rules, under entirely novel exigencies
and for ends and purposes never before
sought" From the first he was not
only the nominal but the real head of
the court. He himself pronounced the
most important decisions of the court
His decisions are found in some thirty
volumes of the reports, and these are
his monuments. They are character
lied by clearness of thought and sound
ness of logic; they are, too, the stand
ard authority on all constitutional
questions they treat.
After Marshall went on the bench the
incidents of his life of public impor-
lance are few. In 1907. with Judge Cy-
rus Griffin, he presided at the great
state trial of Aaron Burr Burr was
charged with treason. and the trial,
with some interruptions. lasted six
months. Distinguished counsel was en-
ployed on both sides William Writ
represented the prosecution and Lu-
Their Martin the defense. President JEFF
ferson was very anxious for Burr's con-
xiction, and did what he could to Sc
cure it. Marshall, however, was not to
be influenced by this. He preserved
the most rigid impartiality and exact /
justice throughout the trial. acquitting
himself. as always. TO the public salts
faction" In 1929 Virginia called a con-
vention to revise her state constitu-
ton. Marshall was member of this
body, as were also ex-Presidents Madi-
son and Monroe. both of whom were
much enfeebled by age. Marshall, too,
had grown old, but there was no i'm
pairment of his wonderful mental pow
ers. His chief interest was in the in
dependence of the Judiciary, and to Sc
cure this for Virginia he gave his best !
energies. He did not speak often; when |
he did it was with the same great effect /
as in earlier life He remained on the |
bench six years longer In the spring |
of 1885, his health being impaired. he |
went to Philadelphia for medical adj |
vice; he received little benefit and died =!
there on the 9th of July.
In person, Marshall was tall: he |
dressed plainly and is said to have been |
somewhat awkward in appearance" |
His private life was without a blemish |
and was characterized by 'unassuming |
piety and amiability of temper" In |
1888 he married Miss Mary Willis Amb- |
Ter, the daughter of the state treasurer |
of Virginia. and lived with her for near |
ly fifty years. His home was the con-
slant object of his affections, and from |
all its inmates he had the warmest love |
and the deepest generation. America |
has produced few statesmen combining |