The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-02-03
hoSTEAmnqVgSl !gRlS1T:

Vases over which Marshall presided The
famous New Yorker, once Vice President
of the United States. and the other prin-
cipaI In the famous duel with Alexander
Hamilton, was thought to have been a
traitor to his country and that he was at
tempting to ALLEVIATE a part Of the South
western territory and make himself dictator
of a new Government.
Judge Marshall held that the American
Law OF treason was this, as expressed IN the
constitutional provision: Treason against
the United States shall consist only in
levying war againt them. or In adhering to
their enemies. giving them aid and COM
fort"
The American law was widely different
from the English statute Of treason-that
statute which does not permit the subject
to 'fmagine' the death OF the King Rus
sell died for a less crime than even con.
spring TO subvert the Government; the un-
published thoughts OF n philosopher in his
closet caused tho head of Sidney to roll
from the scaroId. such cases can new
occur In America" said Marshall.
The Chief Justices decision acquittinxl
Aaron Burr Of treason was very unpopular,
both with high officials and the people at
large.
why did you not tell Judge Marshall
that the people of America demanded q
conviction? ?" was the question put to Will
lam Writ after the trial
Tell him thati' was the reply. II would
as soon have gone to Herschel and told
him that the people OF America insisted that
the moon had horns as a reason why he
should draw her with them"
The patience of the Chief Justice was
Nffan cnmmepfad rpOn nv bsQ c0llaz uu1a
Here is a story told by Justice Story:
"A tedious advocate was drawing out Q
protracted and wearisome argument, in
which he discussed a thousand trivial and
unimportant principles. and advanced again
and again the most trite and familiar prop.
ositions. The Chief Justice listened to the
speaker with profound attention until pa
tience had ceased to be a virtue when he
Interrupted him in his usual placid and af-
fable manner with the remark:
Mr. - l think this Ia unnecessary.
There are some things which a Court, con-
stituted as this Is, may be presumed to
KNOW"
The opinions of Marshall we're strongly
federal The tendency Of many of his de-j
cisionS was to sustain the powers of IL
Federal Government and to indicate the
authority of the Federal judiciary. both
over the State tribunals and State lesisla-
ton This was true especially In the ia
nous Dartmouth College case against the
State of New Hampshire. q case in which
Daniel Webster won much fame.
Judge Story notices a favorite mode Of
reasoning Of the Chief Justice, Indicated by
his frequent use Of the term, 1T Is ad.
mitted." Said Daniel Webster: when Chtsf
Justice Marshall says. Tt is admitted, SIR
l am prepared for a bomb that will de-
! molish all my points"
Judge Story also remarks that II was q
common expression of those who were ac-
customed to argue before him: Once grant
his premises and you are forced to admit
his conclusions. Therefore. deny everythina
he says
In a discussion in the Virginia Constitu-
tonal Convention In 1879 this incident oc-
CURED: Among the provisions OF the pro-
posed Constitution relative to the Ieets-
lature was one restraining the Senate from
altering a money bill originating In the
other house. The Chief Justice moved to
strike out the clause. and proceeded to ex-
press his views on the subject, saying,
among other things. that the idea was det
rived from England. where the upper houss
were hereditary legislators. and, however
well fitted to their institutions and frame
of government. It was not suitable for our4
During his remarks much disorder pre-
vailed. and his voice was scarcely audible
A member sprang to his feet. and. addre0-
ing the Chair, exclaimed:
Wisdom crieth aloud in the street. ana
her voice Is not heardr' j
Is The chairman at once called the HOUSE
to order. and comparative quiet was imms-
diately restored. Marshall continued. The
question was taken on the amendment and
carried by a large majority.
The venerable Chief Justice presided for
the last time in the Supreme Court at the
session CT 1886.
Judge Story. In q letter to his wife. WRIT
ten two or three years before Marshalrs
last illness. aliudes to the effect on Mar
shal's mind Of the recent affiction in the
loss of his wife.
"On going to the Chief Justices room this
morning I found him In tears. He had fuse
finished writing out for me some lines Of
General Burgoyne. OF which he spoke to
me last evening as eminently beautiful and
affecting. I asked him to change the pur-
pose and address them to you. which he
instantly did. and you will find them ae-
~companying this saw at once he had bean
SutuQink tears over inc menuoTy OF w
own wife; and he has said to me sever 4
times during the term that the moment he
relaxes from business he feels exceedingly
depressed and rarely goes through a night
without weeping over his departed wife. She
must have been d very extraordinary wom-
an SO to have attached him: and think
he Is the most extraordinary man I ever
saw for the depth and tenderness Of his
feelings"
At the close Of the session Of court IN
1885 Marshall returned to his home In Rich
mond- Among those who had an interview
with him at this period was Chancellor
Kent. then on a visit to Virginia. Marshall
was III at this time. It II said that Kent
introduced himself and observed that he
had heard of the Chief Justices indispo-
sition. Then he added that. not nowfng
whether ne should see him In the next
world. he was resolved to have that pleas
urs in this
The Chief Justices Illness continued. ana,
accompanied by three Of his sons. he went
to Philadelphia for medical services The
death Of his eldest son, who was killed AT
Baltimore by an unfortunate accident .
few days before his fathers decease. was
concealed from the Chief Justice. He dieo
on Monday. July 6. 1sso. having nearly COM
pieted his eightieth year. The body wa
brought to Richmond and inferred there