Brave Men and Women: Their Struggles, Failures, And TriumphsFuller, Osgood E. (Osgood Eaton)
History
Brave Men and Women: Their Struggles, Failures, And Triumphs
Fuller, Osgood E. (Osgood Eaton)
Biography
Immediately after the Revolutionary War the State courts were crowded
with business, because of the numerous bankruptcies, arising from war
habits, the changes in the condition of families, repudiation of debts,
false currency, etc. Marshall was one of the first lawyers who rose to
the magnanimity to admit the propriety of a federal judiciary, different
from that of the States. The other lawyers thought it would not do to
take the business away from these courts. They preferred to see the
people hanging around Richmond, with their cases undecided and unheard
on account of the pressure of business, rather than to concede a
national judiciary. All sorts of novel questions were arising at that
time, cases which had no precedents, which the English law-books did not
reach, and where the man of native powers, pushing out like Columbus on
the unknown, soon developed a sturdy strength and self-reliance the mere
popinjay and student of the law could never get. Among the cases he
argued was the British debt case, tried in 1793. The United States now
had its Circuit Court, and Chief-justice Jay presided at Richmond. The
treaty of peace of England provided that the creditors on either side
should meet with no lawful impediment to the recovery of the full value
of all _bona fide_ debts theretofore contracted. The question was
whether debts sequestrated by the Virginia Legislature during the war
came under this treaty. It is said that the Countess of Huntingdon heard
the speeches on this case, and said that every one of the lawyers, if in
England, would have been given a peerage. Patrick Henry broke his voice
down in this case, and never again could speak with his old force.
Marshall surpassed them all in the cogency of his reasoning. At that
time he was thought to be rather lazy. He went into the State
Legislature in 1782, just before he married. His personal influence was
such in Richmond that, although he was constantly in the minority, he
was always elected. His principal amusement was pitching the quoit,
which he did to the end of his days, and could ring the meg, it is said,
at a distance of sixty feet frequently. He arose early in the morning
and went to market without a servant, and brought back his chickens in
one hand and his market basket on the other arm. He never took offense,
and once when a dude stopped him on the street and asked him where there
was a fellow to take home his marketing, Marshall inquired where he
lived, and said, "I will take it for you." After he got home with the
other man's marketing, the dude was much distressed to find that Mr.
Marshall had been his supposed servant.
INTELLECTUAL POWER.
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