The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-05

and systematic charcter to the decisions
of the court and settled many great con-
stitlrtional questions faNoralbly 10 the con-
tinuance Of the Union.
GREAT AND COMPLETE WORK
Justice Gray continued:
THE very greatness and completeness
of the work of Chief Justice Marshall
tends to prevent our approaching now
great it was. He was a great statesman,
as well as a great lawyer, ana yet con-
stantly observed the distinction between
law as judiciously administered. and
craftsmanship The Constitution of the
United States created Il nation upon the
foundation Of ., written constitution; and
as expounded by Marshall, transferred IN
large degree the determination OF the
constitutionality OF the acts of the leSisla-
ture or the executive from the political
to the judicial department.
Marshall grew up with the Constitu-
ton. He served in the Legislature of
Virginia before and after its adoption
and in the convention OF Virginia by
which ii was ratified. He took part in
it's administration. abroad and at home
in a foreign mission. in the House of
Representatives, and in the Department
of State before he became the head of
the judiciary. within a quarter of a CEN
fury after the Declaration of Indepen-
dence and less than twelve years after
the Constitution was established.
During the thirty-four years of his
Chief .Justiceship he expounded and APP
piled the Constitution in almost every
aspect with unexampled sagacity, cour-
age and caution.
He had an intuitive perception of the
real issue of every case, however compli-
Gated, and of the way in which it should
be decided.
His manner of reasoning was peculiar
strong. earnest. logical comprehensive
demonstrative. starting from admitted
premises. frankly meeting every difficulty.
presenting the case in every possible
aspect and leading to philosophical and
profoundly wise conclusions sound in
theory and practical effect. He recog-
nized that next TO a right decision, it was
important that reasons for the decision
should be fully stated so as to satisfy
the parties and the public
a PERSONAL ANECDOTF,.
You will, hope forgive me ono per-
SERIAL arecdote, said Justice Gray
''WlniIe ] had the honor to be C:nief JUS
ticc of Massachusetts :. WAS 4 GUEST of a
Boston merchant at q dinner y2artv Of
gentlemen. wnicn included AIR Rartett.
then the loren ost lawyer Of Masssa-
chusetts. and one of HE leaders; at the
bar of the Supreme Court of the United
States. In the col rSe of the dinner the
host. turning to me. asked. 'lIcw great II
judge was this Judge Marshall, OF whom
you lawyers ar: always talEingc. | an
swered, The greatest judge III the lam
guase Mr. Bartlett spoke UP. Is not That
rather strong, Chief Jusiice?' ! rejoined
Mr.. Bartlett, what do YOU say? After 4
moments pause and speaking with char
acterist!c elaboration and emphasis. he
replied: I do not know but you are
right
"A service of nearly twenty years on
the bench of the Supreme Court has con
frmcd me in this estimate We must
remember that as has been well said by
an eminent advocate OF our cwr time,
Mn Edward ]. Phelps, in speaking of
Chief Justice MARSHALL: The greatest tes
of historical greatneSs-the sort of great
ness that becomes important in future
history-is not great ability merely 1t Is
great ability, combined with great oppor-
tunity. greatly employed None other Of
the great judges of England or of
America ever had the great opportunity
that fell to the lot of Marshall.
IN THE CONVENTION.
John Marshall, during his term of Of
fee as Chief Justice. undertook no other
public employment. except that, al the
particular request of President John
Secretary Of Safe for HE las. month OF
four years of age. and after having been
Chizs Justice twenty-efsht years. he was
persuaded 10 serve as a member of the
Virginia convention of 1890 to revise the
Constitution OF the State.
AT the time Of becoming member Of
that convention he wrote to NJ. Justice
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