IIT Chicago Kent College of Law - Transcript Yearbook (Chicago, IL)

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7 THE. 1 IDANSCDIPT , , full bloom that exaltation and reverence in which he regarded all woman- kind. Unfortunately, shortly after their marriage his wife became afflicted with a nervous distraction from which she never recovered. Throughout the demands of a busy career, Marshall's thoughts still remained fondly with his wife, and his first impulse was always towards her comfort. In the frontier town cows and chickens sometimes. disturbed the morning quiet and neighbors often saw the Chief justice, scantily clad and barefooted, drive away the intruders for blocks to insure quiet for his invalid wife. Engrossed in public affairs, yet he would assist in the household duties, taking off his coat, rolling up his sleeves and cleaning the house. ' Despite his inadequate education, his logical and penetrating mind made him the most prominent lawyer of the Virginia-bar. In speaking of him, a contemporary says: So perfect is his analysis that he extracts the whole matter, the kernel of the inquiry, unbroken, undivided, clean, and entire. In this process, such is the instinctive neatness and precision of his mind that no superfluous thought, or even word, ever presents itself, and still he says everything that seems appropriate to the subject. It is difficult to arouse his faculties, he begins with reluctance, hesitation and vacancy of eyeg presently his 'articulation becomes less broken, his eye' more fixed, until finally, his voice is full, clear and rapid, his manner bold, and his whole face lighted up with the mingled fires of genius and passiong -and he pours forth the unbroken stream of eloquence, in a current deep, majestic, smooth, and strong. The characteristiciof his eloquence is an irresistible cogency, and a luminous simplicity in the order of his reasoning. His arguments are remarkable for their separate and independent strength, and for the solid, compact, impenetrable order in which they are arrayed. t He certainly ,pos- sesses in an eminent degree the power which has been ascribed to him, of mastering the most complicated subjects with facility, and when moving with his full momentum, even without the appearance of resistance. Leader at the bar, he was also foremost in the frolic of the day. His lawyer dinners were noted for their brilliant company and sparkling wit. Lax, lounging manners, absolute disregard for formality, and an ever present fund of humor contributed to his high' popularity. Quoit throwing was his particular delight and in all forms of athletic competition he was a spirited contestant. ' ' t , ,Such was the man who, in his forty-fifth year, ascended the Supreme Bench, that body which was looked upon as a mere superfluity in the Federal scheme of government, a weak and puny thing, forgotten in the planning of the capitol building so 'that it was obliged to meet in a dingy basement room, to become under Marshall's' leadership the vitalizing iniiuence of the Constitution, a constant irritation to the demagogues of the period in their efforts to substitute the false liberty of the French Revolution, and a strong and unyielding voice declaring the essential merit of the plan of government established by the founders of the Nation. Strikingly similar to Lincoln in appearance, in temperament and in mental qualities, Marshall asserted those principles in word and by pen which Lincoln was later to defend by the sword. So inconsequential was this tribunal that only a few weeks each year were occupiediin hearings before it and Marshall journeyed to and fro X 1925 Na? R Page 141

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THE. i 1 TRANSCRIPT , 7 G Page 140 The 'Personality of folm Marshoill ROBERTVK. HILL p o Selecting his way with care to avoid the deeper muck holes, walking around the stumps that obstructed the ill-defined path, stopping for a moment to assist in releasing a conveyance which had become enmired in the bog, walked a tall, gaunt, ungainly figure, bare-headed, unkempt of manner, care- lessly appareled, his only outstanding characteristics a countenance ruddy with vigor and good health and eyes penetrating and strong. Chief Justice John Marshall walked from his boarding house, a mere hovel erected amongst dismal surroundings, to a basement room in the unfinished capitol' building to take his place as the presiding genius over a body of men serving as the highest judiciary of the struggling young nation. Surely no one would have had the boldness to see in this awkward personality the character which was to mold the destinies of a world power. ' From his parents and his early environment' john Marshall acquired a rugged simplicity of character which was an index of his entire life. Born in the wilderness of WCStC1'11 Virginia he soon developed a love of Nature in all its moods, its calmness and serenity became a part of his very being. Schools were almost unknown and his early education was derived prin- cipally from his parents, who were well-read beyond the usual measure of the frontiersmen of that day. Until he was twenty years old he had no con- tact with that outer world in which he was to command so able and so influential a part. 'At that age he and his father journeyed eastward to join the Revolutionary Army under Washington's leadership. John, a beardless youth given a lieutenancy, became a prime favorite among the men. His sunny disposition and inexhaustible fund of anecdotes helped while away the cheerless daysfof camp and that dread winter at Valley Forge. During these trying days were crystallized his distrust of provincial legislatures with their petty bickerings and jealousies in the face of grave national perils, and his unalterable conviction in a uniiiedigovernment firmly entrenched from the sway of popular opinion. Returning to Richmond upon his release from active field duty, his fame preceded, him. A pretentious ball was arranged in honor of the dashing young soldier. All the belles of the vicinity donned their finery to create an im- pression on the conquering hero, when, to their utter astonishment, a loose- jointed, awkward figure, of unpolished manners and with total negligence of person, timid to embarrassment, appeared upon the scene. However, his true likeableness wasnot long in displaying itself and he soon became-the acknowledged leader of the younger set of- his day. At this time, he decided to prepare himself for the profession to which his logical mind was so well adapted. A few months were spent in listening to law lectures at Williani and Mary College but other attractions cut short his legal education and he went to Richmond to practice. There he married the daughter of Jacqueline Ambler. Always romantic by nature, his devotion .to his wife brought to 192

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THE. f Q N6 C i E in a dilapidated gig. Driving abstractedly, he- at one time departed from the road and a sapling became wedged between a wheel and the shaft. A nearby slave came to his assistance in freeing the gig. Being told later that it was Chief justice Marshall, the biggest lawyer in the United States, the negro grinned and said: Marse, he may be theibiggest lawyer in the United States but he ain't got sense enough to back a gig off a saplin'. None of the simple qualities were lost in the transition from private citizen to Chief justice of the Supreme Court. One of the newly arrived residents of Vlfashington called to Marshall as he proceeded along the street and tossing him a coin, commanded him to carry homeward a turkey which he was too pompous to bear himself. To the secret delight of the bystanders Marshall accepted the menial appointment and walked off with the bird under his arm. On another occasion he was mistaken for the butcher and ordered tothe rear of the house. One day a boy, sent to him with some legal papers, displayed his awe of the great man, whereupon Marshall, to relieve the embarrassment of the lad, said: Billy, I believe I can beat you playing marblesg come into the yard and we will have a game. When the lawyers arrived, Marshall 'was on his knees, as excited in the fortunes of the game as the youngster. He was extremely fond of children and was often seen carrying them with him on his 'horse as he traveled along the country roads. Humble and common in his daily private affairs, he possessed a certain dignity and respect which all who 'came in contact with him readily per- ceived. On the bench he was the very essence, of majesty and sat enthroned as a king. N-o foolery theng all was attention to the matter in hand. His influence on the Associate Justices was unparalleled, though some of them were his superiors in erudition and learning. In the many important cases which came before them for decision, his clear and logical reasoning formed the basis for the principlessenunciated and the associatesifurnished the legal precedents. Nor was he a jurist alone, his decisions were declarations of statesmanship in addition to precepts of law. ' For thirty-four years, perhaps the most eventful in the history of Amer- ican jurisprudence, he presided as Chief justice, but in the closing years came discouragement and disappointment to the Supreme Conservative. As the Federalists ,left the bench, those who had been most staunch in the support of oflhis governmental policies, their places were illed by the ap- pointment of those hostile to Marshall's cherished principles. He suffered the loss of his beloved wife, an incurable malady beset him, sapping his physical strength, his political opponents were fast becoming absolute in power. Throughout all he maintained the same equanimity of temper, and at his death even his bitterest enemies could not gainsay the tribute paid him by joseph Story, his long associate on the bench and his close personal friend,'whe,n he wrote: Great, good, and excellent man! I shall never see his like again! I-Iis gentleness, his affectionateness, his glorious vir- tues, his unblemished life, his exalted talents, leave him without a rival or a peerf' , Page 142 M