An entertaining account has been preserved[47] of a meeting of the club,
held, apparently, while Marshall was still at the bar, at which he and
Wickham--a leading Virginia lawyer, one of the counsel of Aaron
Burr--were the caterers. At the table Marshall announced that at the
last meeting two members had introduced politics, a forbidden subject,
and had been fined a basket of champagne, and that this was now
produced, as a warning to evil-doers; as the club seldom drank this
article, they had no champagne glasses, and must drink it in tumblers.
Those who played quoits retired, after a while, for a game. Most of the
members had smooth, highly polished brass quoits. But Marshall’s were
large, rough, heavy, and of iron, such as few of the members could throw
well from hub to hub. Marshall himself threw them with great success and
accuracy, and often “rang the meg.” On this occasion Marshall and the
Rev. Mr. Blair led the two parties of players. Marshall played first,
and rang the meg. Parson Blair did the same, and his quoit came down
plumply on top of Marshall’s. There was uproarious applause, which drew
out all the others from the dinner; and then came an animated
controversy as to what should be the effect of this exploit. They all
returned to the table, had another bottle of champagne, and listened to
arguments, one from Marshall, _pro se_, and one from Wickham for Parson
Blair. The company decided against Marshall. His argument is a humorous
companion piece to any one of his elaborate judicial opinions. He began
by formulating the question, “Who is winner when the adversary quoits
are on the meg at the same time?” He then stated the facts, and remarked
that the question was one of the true construction and application of
the rules of the game. The one first ringing the meg has the advantage.
No other can succeed who does not begin by displacing this first one.
The parson, he willingly allowed, deserves to rise higher and higher in
everybody’s esteem; but then he mustn’t do it by getting on another’s
back in this fashion. That is more like leapfrog than quoits. Then,
again, the legal maxim is, _Cujus est solum_, _ejus est usque ad
cœlum_,--his own right as first occupant extends to the vault of heaven;
no opponent can gain any advantage by squatting on his back. He must
either bring a writ of ejectment, or drive him out _vi et armis_. And
then, after further argument of the same sort, he asked judgment, and
sat down amidst great applause.
Public-domain text, read in full here on John Shaqi.
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