Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-10-24

mace a prOIOunQ impression upon Lnei
history Of this Republic
He was not twenty-one years of age
when the Revolutionary war began.
and served in it with distinction as
| lieutenant and captain and was final
| ly a brigadier general of the Virginia
militia. DR.. Benjamin Franklin was
a colonel Of Pennsylvania troops but
no one now would think Of speaking
Of Col. BENJAMIN Franklin OF Gen
eral John Marshall Nor does any one
speak of Col. william H. Seward or
Col. William B. Allison by their mill
tary titles.
Marshall fought at Brandywine, at
Stony Point, at Monmouth. and endur-
Ell the rigors Of Valley Forge but his
fnE1e rests upon the events Of his ju.
dicial career.
RoossveItlsn Family.
He was enc of family of fifteen
children-a Ssort of family institution
that the present President Of the
United States now seeks to revive
both by his teaching and his example.
In his professional life he rose to
be the head of the Richmond bar. In
a city of five thousand souls. He
was legislator, an envoy to France,
a congressman, statesman and a
historian; but his real career. dis
tinguished as it was in all these
fields, was finally opened to him as
the expounder of the Constitution.
He turned aside from Adams offer
Of a seat on the Supreme Bench III
order to stand as candidate for Con-
gress. and was elected by a slender
majority.
Marshall Was Denounced.
He was denounced in his campaign
as consolidationist and conserva-
tive. He was Federalist but when
the election of president was
thrown into the House of Represen-
tatives, as between Thomas Jefferson
and Aaron Burr. he acted on the adj
!. vice of Hamilton and refused to sup.
port Burr.
He was not a deep scholar, for
the best days for his schooling were
spent in the camp and field; but war
Is nothouse in which intellectual
growth is rapid.
/ At the wars close he began an &C.
tive, practice and his success was as
sured from the beginning and his
! practice was worth the then phenom,
email sum Of $4,000 to $4,000 year.
In these days of great professional
incomes. this seems small but Abra-
ham Lincoln only earned $4,000
year.
Fond Of Sports.
He was fond Of athletic sports. and
| pitching quoits was his favorite exer
| else. No doubt be would have been
a baseball fiend in 1907. and would
have Joined Justice Harlan in the
excitement Of golf, and possibly
might have fished with Cleveland,
shot ducks with Harrison or hunted
bear with Roosevelt.
! He was rendered the portfolio Of
Sf""ctary of War and declined 1t, but
he afterwards was offered the post
ton of Secretary of State and accept
| ed.
He was always glad to return to
the practice of his profession, which
he greatly enjoyed. No man can be
a great lawyer who does not love his
profession.
And what splendid field IT is.
Every sort of question is likely to
come I'D in the courts; and Lord
Coke well said that there is no know
ledge ever obtained that may. not at
some time prove of use in law
suit"
Favored Constitution.
He was in the Virginia convention
that adopted the Constitution of the
| United States, and debated with Pat
rick Henry, who was opposed to the
proposed Constitution The conver-
ton was originally unfavorable to
ratification, but Marshall and his
| do inI ID Nv -
ten.
He was for the Union before 1t
was founded: he remained faithful tn
it until death.
America is my country and Con
gress Is my government" he said.
He never feared to trust the repro.
sentatives of the people,.
The toast YOU give me to respond
to tonight suggests in single line
the important position that he holds
in American history: "The persistent
influence of John Marshall"
No position Is so Important in life
as that of Judge A great Judge is
the fruit of an able bar. Judges are
ant to be what the bar makes them
The tree depends upon the soil, and
the support of the surrounding for
. SGI. aIISdI LtSSS are bOt SIOWu dlOllt
And Marshall rose amid a bar of dis
tinguished men.
Preparation Needed.
Every great deed is the result OF
long preparation. and opportunity
only gives the occasion for that which
must have been already prepared
The power to weigh arguments Il
the chief essential of a good judge
The bar should we'll prepare AM
strongly present their cases on oppo
site sides and wise judge Is one
who can Justly decide between them
Burrs catchy definition that the 'las
is w5at Is boldly asserted and plausi
bly, maintained would not stand the
test of Marshall's judgment.
When he was called a second time
to the Supreme Bench the offer was
tempting one. Jay was dead an5
I Adams rendered him the position 81
| Chief Justice. 1t was 1901 and Mar
| shall was in the rfpeness of his vigol
o+ Corefit,,+;0,,