Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-07
CHIEF JUSTICE MARSHALL
HOnOrS to The Distinguished JuriSt by
the Superior Court.
MEMORIAL BY HERBERT H. WARD
Tribute to Marshall's Life and
Character.
RESPONSE BY CHIEF JUSTICE LORE

The anniversary OF the elevation OF
John Marshall to the place of Chief |
Justice of tho Supreme Court OF the |
United States was observed in the
Superior Court today, soon after the
opening Of the February term at noon.
Attor ney General Herbert H. Ward,
president Of the Bar Association of
New Castle county, presented an ad-
dress, in which.he said:
A memorial of John Marshall must
necessarily be labor of love for any
American lawyer. Besides singularly
interesting and attractive personality
rs a man, he possesses a world. wide
fame because of his relations toward
American political institutions and
American law.
John Marshall was born on the oath
day of September, 1865, in the county
OF Fauquier, Virginia, of O distin-
guished family. His father, Col. Thomas
Marshall. was born in Westmoreland
county, in the Northern Neck, strip
of country which furnished three out
of the trst five Presidents of the United
States.
John Marshall came of age in the
fateful year Of 1776. While not yet 90
years of age he formed and trained q
volunteer company of patriots, who
we're among the first minute men raised
IN Virginia, They wore the words
Liberty or DEATH" in large white
letters on the breasts OF their home
spun, home-woyen, and home made
shirts, and carried a banner displaying
ooiled rattleanake, with the motto
Don't tread on Me- He participated
with distinction in the battle of Great
Bridge in Virginia, of Iron Hill,
Brandywiue, Germantown, Monmouth,
Powel's. Hook and Stony Point, and
wintered with Washington at Valley
Forge
With the rank of captain be returned
from the army and entered on the
practice Of law in his native county in
1871. He at once attained prominence
at the bar. His clear thought, patient
industry, broad grasp of general princi-
pies, effectiveness as an advocate and
personal popularity, Immediately drew
to him large, and, for the time, re-
munefative clientage. After the prac-
tioe for two years at the Fauquer
county and adjacent bars, he removed
to Richmond, where he almost at once
took his place among the leaders OF
possibly the then ablest bar in the
United States-a bar that was graced
by the names of Patrick Henry, John
Wickham, james Times, Alexander
Campbell, Benjamin Bolts and Ed
mmnd Randolph.
While not yet % years Of age be was
elected delegate from Fauquer
county to the Virginia Legislature. IL
was during this first term of his legis-
lative service that he was chosen a
member of the State or Executive
Council, and was also made general in
the new organization of the State
militia under the peace establishment.
In 1854, although then a resident OF
Richmond, Henrico county, his Eau
quier county constituency again hon.
ored HIM with an election to the Gen
oral Assembly. In 1857 his adopted
county paid him the same tribute Of
confidence, and in 1857, also, his Hem
rico county constitr sncy elected him to
the State Convention, which was called
to deliberate upon the adoption of the
lately framed Constitution of the
United States.
The latter honor may vol serve to
illustrate the esteem and confidence In
which ne was then held by his fellow.
oItizens. The State of Virginia as a
whole, and HenriDu county in partition.
lar, containing as it did the city Of
Richmond, was strongly Republican, as
distinguished from Federalist, in sen
.timent, and viewed with suspicion and
alarm the ideas Of Hamilton and the
other Federalists which were embodied
in the proposed National Constitution.
No man in Virginia held more advanced
Federalistic opinions, more openly OK.
pressed, than Marshall. The popular
majority in the county against the
adoption of this Constitution was
known to be large He was warned
that, unless he would pledge himself
70 vote AGAINST its ratification, his slec.
ton would be strenuously contested.
In response, he proclaimed his inten-
tion to vote for the Constitution if be
were given an opportunity. The result
of the poll was his election by hand
some majority.
He was then but 80 years old. In this
convention he ranged himself by the
side of Edmund Pendletou, james
Madison, Edmund Randolph, james
lnnes and Henry Lea, and with them.
by all the force Of patriotic and ana.
lytic oratory, fought the cause Of
'Nationalism and Federalism against the
eloquence of Patrick Henry, George
Mason and William Grayscn, and wor
the most momentous of victories.
The General Assembly succeeding the
establishment Of the National Consti
tuition, because of the sentiments
against that great document was Of
exceedingly great Importance, and Mar.
shall was again elected by an anti.
Federalist constituency to tine State
Legislature, in which he continued ID
serve until 1871. For an interval -
over four years thereafter he practiced
his profession in Richmond, but at all
times took leading part in sustaining
the hands of Washington, in his ardu.
GUS task of developing the new govern.
mental system, aud of maintaining Che
International dignity of the young
nation.
In 1875, when it became apparent thai
Washington's administration would be
severely assaulted, and would need cana
BILE defence, in the General Assembl,
of the State, Marshall was again forced
tt sccept an election to that body.
In 1897, Charles Cotes worth Pinck.
ney, John Marshall and Elbridge Gerry
were nominated ENJOYS Extraordinary
aaa Ministers Plenipotentiary te
France. President Adams, in a letter
to Gerry at that time, describes Mar.
shall as "a plain man, very sensible,
cautious, guarded, and learned in the
law of nations. 1t is no part of thl
memoir, to depict the difficulties OF this
French mission, which grew out Of
French jealousy of the Jay Treaty with
England, the consequent insolenoe oil
the French government, and the con.
temptible conduct of Talleyrand. 1t il
probably true that In the estimation Of
she American government and in the