The sun. (Wilmington, Del.) 1897-19??, 1901-02-05
MINUTE ON
MARSHALL
Continued from First Page.)

nominated ENJOYS Extraordinary and
ministers rlcnipotentiary to France.
i.resldent Adams, in Il letter TO Gerry
at that time, describes Marshall as "a
plain man, very sensible, cautious, guard
cd, and learned i'll the law OF nations. "
1t is 10 part Of this memoir, to depict
the difficulties of this French mission,
which grew out OF French jealousy oi
the Jay Treaty with England, the con
sequent insolence OF the French govern
ment and the contemplate conduct OF
ialleyrand. 1t is probably true that i'll
the estimation of the American govern
ment and in the popular mind John
Marshall alone came out of the trying
ana dsagreeable ordeal Of this mission,
wholly unscathed, and with increased
fame and popularity. Among many other
marks Of respect paid him upon his re-
turn, public dinner was given to Mar
Shall by Congress, which was then i'll
session in Philadelphia.
In 1898, ut the personal solititation of
cx-l'rcsident Washington, he became a
candidate for Congress, in the lower
house. His election was strenuously OPP
posed by Jenersom and his party. This
opposition was wholly due to the Fedora
listic opinions of Marshall. One of the
first duties which lie had TO perform in
the House of Representatives to which
lie was elected, and whicA convened in
December, 1893, was to announce the
death Of his illustrious chief and friend,
Washington, the hero, the patriot and
the sage of America"
In 1900, President Adams offered Mar
shall seat in his cabinet as Secretary
of War, which he declined. But almost
Immediately afterward he accepted the
portfolio Of Secretary of State.
Very late in his administration on
the 31st of January, 1901, President
Adams nominated Mr.. Marshall Chief
Justice of the United States. On the
4th of February, 100 years ago today, he
took the oath of office and his seat upon
the Supreme Court bench For about a
month, during the balance of Mr.. Adams
term, he continued to act as Secretary Of
State, in addition to his duties as Chief
Justice
1t is as Chief Justice Of the Supreme
Court that John Marshall fame chiefly
rests. In his 81 years Of service as the
controlling spirit of the highest judicial
tribunal in the world there is abundant
mGtcrial for eulogy and for undying
historical celebrity.
" has been said OF him that lc was
not, i'll the common acceptance of the
phrase. learned in the law. He seems
to have been thoughtful, rather than
Il wide reader of the law. In the work
which he had to perform, mere prece-
dents We're not of chief importance
As matter of fact. the path he trod
had few signposts, and in numerous
eases he trod path which he himself
marked out for the first time in the
history of the law. His training at
the bar, comparatively limited though it
must have been-oWing to his multi
larlouS duties-was most appropriate to
lit him for his jurieial duties As a
practlcng lawyer, ms well as q Judge,
he spent his professional life in creating
and formulating I'M American iurispru-
dence. His intellect was analytical and
constructive, rather than technical, in its
grasp Of legal ideas. His work as Judge
was of the same class as that of Mans
field and Holt, and he ranks an equal
With them as constructor Of law, and
Il Trainer of system of jurisprudence.
Considering the possibilities which a
narrow and restricted construction of the
constitution at this critical period might
have imposed upon the life of the nation,
it must ever he cause of national
Thanksgiving that Adams, rather than
Jefferson, had the appointment of n
thief Justice at that stage of our his
tory. But this fortunate circumstance.
a Federal rather than Jeffersonian
constitution was given this great grant
OF governmental powers. This is gener-
any conceded to be true whatever NAV he
me sentiments Of anyone upon the alb
stract general question Of strict or liberal
construction of the constitution.
70 the test Of Marshall's judicial
touch-stone, were first submitted many
essentially vital questions, which in
VOWED the mutual neutrality-suspicious. Of
the different departments Of the general