New-York tribune., 1919-12-06
Life Of John Marshall'
Final Volumes of Albert Beveridge's Biography
OF Great Jurist Issued at Timely Moment

For it was that decision which estab-
lished for all time the principles, never
until then fully acknowledged, but in
deed denied by the political party
then in power, that the Constitution
was, as it itself declared, the supreme
law of the land, to the provisions Of
which all laws of Congress and Of the
states must conform, and that the Su
prcme Court was the ultimate and in
disputable judge Of such conformity.
Thus, says the historian:
BY a coup as bold in design and
as daring as that by which the Con-
stitution has been framed, John
Marshall set up landmark in Amer
lean history so high that all the
future could take bearings from it,
so enduring that all the shocks the
nation was to endure could not over
turn it. 1t is Americas
original contribution to the science
of law.
Limitations of space deny the well
come and engaging task of dwelling
upon the other constructive decisions
of the great Chief Justice, his cmanci-
patton of interstate commerce and his
vindication of the sanctity of con-
tracts, which did more, perhaps, for
the development of material interests
than the work of any other man, save
possibly Hamilton, and his consttu-
tional interpretations which made of
the written document thing so full
of life that it might be said Of it's
clauses, as was said of great mas
cut them. they bleed" Fascinating,
too, would it be to dwell upon the
personality of the man, certainly one
Of the most engaging in all the splen-
did gallery of American statesmen and
patriots. The patient endurance, the
indomitable courage, the tender sym
pathy, the irrepressible humor, the
contagious cheer, the unfailing COM
mon sense and the hawless integrity
which had characterized him in the
darkest days at Valley Forge and in
the most trying hours of his conflict
with Talleyrand-in q word, his in
tense humanity in all the protean
phases of its virtue character rizcd him
IN his unrivaled career upon the Su-
preme Bench
If Marshall. then, has not popularity
surely he has to the student and
holar-bcen ranked among the very
foremost figures Of the first generation
of the Republic, surpassed, indeed, by
none but Washington himself, we must
reckon it to be because of a certain
not altogether justifiable reserve con-
corning the judiciary as compared with
the military and political leaders of
the nation. 1t is one of the invaluable
merits of Mr.. Beveridge's great work
that he has, for the first time, put
Marshall into his proper place in the
public vision and appreciation, and has
manner Of man he was, what part he
played in the early life Of the nation
and of what transcendent import his
judicial decisions were to the stability
and to the destinies of the American
Republic
Perhaps we should say not that he
enables, but that he constrains, the
reader to do this, for he has produced
a personal, biographical, social and
political, as we'll as judicial, history of
the first half-century of the Republic
which in fascinating and compelling
charm is comparable with the finest
masterpieces of American literature.
With energetic, expeditions narrative,
romantic fancy and dramatic fire he
makes the story Of judicial decision
as thrilling as that of a battle; so that
We read Of the INSTRUMENTATION dis
pute or the Dartmouth College case
with the same flushing Of the check
quckening of the pulse and catching
of the throat that we experience in
recital of the great charge at Gettys-
burg or the victory in defeat at Bunker
Hill. Yet, with all the passion Of a
drama and charm Of romance, there
are the almost infinite research Of q
painstaking student and the calm san
ity of Judgment of the self-restrained
and masterful historian. 1t is more
than n comprehensive record, and it is
more than photogranhically accurate
motion picture of Marshall and his
times. 1t is a living reproduction Of
those times, plus a convincing exposi
tion and Interpretation of their spirit
in themselves and OF their purport to
all the times that follow them. 1t is a
great history of the great work Of a
great man.