The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-09

supreme court of the United Statas.
From that day until his death, an entire
generation, nc occupied the position BY
this act Adams rendered a. greater serv-
ice to his country than by almost any
other performance of his entire admiris
tration.
BY habits Of thought and by conviction
Marshall was IN political sympathy with
the Federal party, and, although thar
party never again held the reins of gov
eminent after they We're taken from the
hands Of Adams about a month after
Marshall became chief justice-the ideas
Which the F'ederalists advocated can
tinued to prevail and shaped the course
of many lives. Marshall's decisions were
marvels Of profound and lucid egposi-
lions of the legal questions involved in
the cases brought before him ana Of the
principle of the Federal constitution that
applied to them. Holding the opinions he
| did, he inevitably so construed the law
as to strengthen and consolidate the
powers Of the Federal government He
cannot be accused Of partisanshfp for SO
interpreting the constitution A fairer
and more open-minded man never lived
or man more free from favoritism.
Had he not been honest with his own
convictions and his own understanding
of the constitution he would be open to
censure. But he could not distort the
law for any reason.
Marshall had few precedents to guide
him. The government was still in the
experimental stage. He must make prac-
edents-not follow them. He must blaze
his own way through q wilderness that
no American had walked before He be-
Ieved the constitution was the charter
OF growing nation and that it's I'M
piled powers were very great. He be-
ieved that congress had authority to
legislate on a multitude Of subjects Of
which the trainers Of the constitution
never dreamed, so long as those powers
were not expressly denied to the general
government or directly conferred else
where. AS a consequence the whole
tendency of his work was to strengthen
the general government.
One of the most famous cases that
came before Marshall in the earlier per-
iod of his chief justiceship was the trial
Of Aaron Burr, the murderer Of HamlI-
ton, on charge of conspiracy and trea-
son. The attitude OF the government was
extremely hostile to Burr, and popular
clamor was loud for his conviction. But
none of these things moved him. AL
though he seems to have felt the utmost
contempt for Burr and loathing for his
character, yet he determined that neither
the pressure Of the government the
clamor of the people, nor his own feeling
should influence him. Even Aaron Burr
would receive justice in his court. His
words in connection with that case well
deserve to be quoted as showing a high
minded courage worthy of imitation by
all men. THAT this court" said he,
''does not shrink from duty is 9
true. No man is DESTROYS Of be-
coming the peculiar object Of calumny.
No man, might he let the bitter cup pass
from him without reproach, would drain
it to the bottom. But If he had no choice
in the case, If there is no alternative
presented to him but a derel1ction Of duty
or the opprobium of those who are de-
nominated the world, he merits the con-
tempt as well as the indignation Of his
country, who can hesitate which to en-
brace"
In personal character and habits Mar
shall was anything but ostentatous. In
deed he went so far in the direction OF
carelessness as to be slovenly. He seems
to have had not a particle Of personal
vanity or of that small pride which
finds it necessary to be always attending
to the details of dress or looking out for
dignity. The story is told that one morn
ing In Richmond, q well-dressed young
man at the market purchased q turkey
for his Christmas dinner, and was swear
ing because there was no one to carry 1T
home for him. At that junction a rather
shabbily dressed old man, overhearing his
remarks, said: 81 will carry the turkey
for you" Supposing it was a man from
the country, the young Adonis gladly ac-
cepted the proffered service What shall
/ pay your he asked when they had
reached the door and the turkey was
handed to a servant. ooh, nothing, was
coming this way, and was glad to re-
lieve you," and the old man passed on his
way. 'Who was that polite, old man?'
he asked of passing friend THAT?
That was John Marshall, chief justice OF
the United States" 1 have often won
dered how that young man enjoyed his
turkey. He ought to have had it en-
balmed as a permanent reminder of the
fact that a man may very easily make
a donkey Of himself and that true great
ness Is humble and not to be measured
by the cut of ones coat.
Mr.. Marshall died in the summer or
1885, revered and honored by ali. The en-
tire nation mourned his loss 1t was while
tolling In his memory that the liberty
bell in Philadelphia received the fracture
that now disfgures 1t. 1t was fitting that
1t should break in honor of one who did
so much to earn, to define, to confirm and
establish our American liberties.
Copyright 1907