The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-24

mon law. but supereminent with the
ease and authority Of genius ir consti-
tutional law, the law Of political, not
social, community. Genius deals with
encompassing principles as earnest
mediocrity deals with discrete facts;
and genius is, in spite Of it's myth.
pretty apt to he warm and personal
Marshall was as different in respect Of
temperament from Grabbed al John
Quincy Adams C'non est 1921 quelis1
erat'D as Richmond is from Boston.
As young man in the Revolutionary
army Marshall's fairness and discretion
made him popular as an arbiter Of
disputes among his fellow officers and
the same quality operated to somewhat
similar effect later and in matters OF
greater import. That Marshall "fiNed'
the spirit Of constitutional Interpretation
is a fact more regarded than the part
he had in getting the Constitution
adopted The vote among the States
was extremely doubtful Nirginia's
acceptance of the frame of government
was highly important, not by way OF
example, for her decision was long de-
ferred, but In actual arithmetical
value as the Closenrss of the battle
appeared In Virginia the debate was
magnificent: Henry talking eloquently
contra" while Madison and Marshall
argued pertinaciously pro" Marshall's
voice was weighty in that discussion,
he concentrated upon the failure of
the Confederation and upon the pro-
visions for taxation and for a Federal
judiciary in the new instrument. And
that he was there I, argue at all was
a wonder and testimony to the mans
power. for he openly approved where
his constituents opposed. pledging no
vote for adoption. he was sent to repre-
sent them in the deliberations. This
regard for good sense speaks mighty
well for the delegate and for the com
munity that commissioned him The
possession and recognition If good
sense have gone sadly out Of fash on
since 1883
The salt Of humor was in John Mar
shalls makeup. In 1881 he wrote:
The world has been 50 Convulsed ny
peace that | suspec, 1t must have war
in order TO be made quiet" Writing to
a friend in Massachusetts GS32) of the
alarming spread of cholera over the
Atlantic seahoard. he concluded with
the pious wish THAT proSidcn may
protect US, especially Boston and Rich
hl'lh - NY val lltSN pray VI ~ NV
same correspondent he remarked: you
New England men. all or most Of YOU,
beat copper plate in your writing" Oc-
/ Casionally turgid in the fashion or
rhetoric a century ago. his normal style
was remarkably olepr, simple and Of
/ fective. and in his letters are frequent
delightful flashes Of homely wit and
simple good fellowship.
i.ss 4. 1... /
| in half hundred pages az the middle
Of the book. are the big thing in it,
| There is an atmosphere of mystery
about the friendships of great men, and
il is titillant to everyday curiosity to
! invade the carefully screened privacy.
| II is done with decency IN these
pages; Marshalls correspondence was
not one TO test editorial ingenuity.
! Like a telephone talk overheard at
one end of the line It sufficiently in
dlcates by repetition and reference the
nature of the other "party's" CONVEX
sation, and shows two men of force
and learning and influence finding hap
pness and strength n mutual conf
dence Apart from its political sug-
gestiveness, 1t is a delightful human
document The elder Judge is con-
''"",'' '""'''7 w. NV ''', mus
"''u '''''" ''h W. ""' ''V ~
! ~ anu 81 ma - w !" y"
',e","' NJ ,'Ne "'iS oo'"' anu 'c,"''
Sn"' at '"e HeN' 'ei de''"e ''e ''H'
oI IN conformity win your
reasoning am much "nIE'u pN
the alterations you nave hlaue IN the
opinion IN the dartmouth college case.
I'm l>2S Marshall, then ~ years Old
! writes
ann almost ashamed of my veakp...
and lrrasoIution when ! tell You that ! am
a member of the convention tor revising
the Constitution OF virginia. was n
earnest "h"n i"Id go" ih'' would no.
come INT" 'h"' n"'E' an" '''..t "'"''''
."a' '"'1'" , ,,,'. '"". .,. ...''''
h, .ar,,or,,, ~. ao.s ,,,, nnsi.,,.r, ..rs
nj. hr, ~ urwul,,g ,o many sbs q.
sure to WELD TO the advice and persuasion
OF her friends
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