Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-05
CHIEF JUSTICE MARSHAL.


shall was installed as chief justice OF
the United States. and all over the
country the anniversary of that day
has Just been celebrated. He was We'll
worthy of all the honors PAID to ms
memory. fpr in the fading years his
figure stands out as one of the MODEST
in tha history OF Tie Union.
OF all the tributes paid him during
the past few days, that of Melville w.
Fuller, the present chief, justice. which
appears in the current issue of Success.
just at hand, is one of the most inter-
esting. Judge Fuller says:
1t is not as a revolutionary soldier,
member of the Virginia convention. of
the assembly and of congress. envoy
to France, and secretary of state. that
we think of John Marshall, but as the
great magistrate who, for thirty-four
years. held. practically, unquestioned
SWAY as the head of the supreme court
of the United States. During the period
of his incumbency. Kenyon, Ellenbor-
ough. Tenterden and Denman were,
successfully. chief justices Of England;
and Eldon. Erskine, Lyndhurst and
Brougham were lord chancellors. Judge
E,rskine. and. for short time a MEM
| Der of the cabinet, as was Peterborough;
! but no comparison can be instituted be-
| tween him and either of his eminent
| contemporaries. His intellect exhibited
| the comhna ton of force and iucidity
| which were characteristic of Lord Lynd-
hurst but the latter was more of a
politician than statesman whereas
Marshall. if he had remained in polit-
zeal life would have been more of a
statesman than politician
| Judge Marshall has been compared to
| Holt and Mansfield. Undoubtedly Chief
Justice Holt. in applying the old sys-
| tenn to the wants of a new state of So
ciety. may be said to have dealt in con-
| structive jurisprudence. To him is due
the regulation of negotiable securities
and the settlement of many questions
pertaining to the law of contracts, as
Lord Mansfield may be truly said to be
the founder of the commercial law of
England. But though Holt and Mans
field contributed to the expansion of a
system of constitutional law. yet the
! creation o: such a system was especially
the achievement of Marshall.
, In mere judicial learning, he has beer
surpassed by some: but, in the power OF
| pure reasoning. by none. His colleague
Justice story. eminent as judge, auth
o. and teacher. will be remembered
chiefly for those elaborate works which
led Lord Campbell to refer to him, in thu
house OF lords. as the first of living writ
ere on the law. in which he displayed
prodigality of learning in every brancl
OF Jurisprudence. This the chief justice
. had not: but he possessed. in a degree
rarely. if ever. equaled the faculty o
The disposition of a controversy depend
ed, and resolving every argument int
il ultimate principles and then applying
them to the decision of the case 1t i
even asserted that, at the close of hi
! admirable opinions. Judge Marshall said
These seem to me to be the conclusion
/ to which we are conducted by reason an
+ law. Brother Story will furnish tn
. authorities
While Marshall's fame will chiefly de
pend upon his mastery treatment @
n c, Institutional questions. yet it is not t
n J." inferred that he was not eminent i
= other departments. The late Chief Jus
tce Waite we'll said:
He kept himself at the front on a
constitutional law. and consequently hi
: master hand is seen in every case whic
$ involved that subject At the sam
= time. he and his oo-Workers. who's
names are. some OF them. almost a
familiar as his own. We're engaged
S laying deep and strong the foundation q
: which he jurisprudence of this countr
q has since been built. Hardly day pas!
es. in the court he so dignified an
adorned. without reference to some d,
cis;un Of his time as establishing a priI
IS c'plc which. from that day to this. HI
II been accepted as unGioubted law.
j. we see him iii the discharge nf h
duties IL exalted office. in the walks ,
| private fife. with a buOyant spirit.
playful temperament, and with ze
e which hs showed in enjoying the pleas
= uras Of the table or club. Numerol