The Southern Literary Messenger, Vol. II., No. 3, February, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 3, February, 1836
Various
American literature -- 19th century -- Periodicals
opinion of Judge Marshall is found, almost without exception, to be
the opinion of the Supreme Court.
[Footnote 22: Judge Story.]
We shall make but one more extract from Mr. Binney's admirable Eulogy.
He was endued by nature with a patience that was never
surpassed;--patience to hear that which he knew already, that which he
disapproved, that which questioned himself. When he ceased to hear, it
was not because his patience was exhausted, but because it ceased to
be a virtue.
His carriage in the discharge of his judicial business, was faultless.
Whether the argument was animated or dull, instructive or superficial,
the regard of his expressive eye was an assurance that nothing that
ought to affect the cause, was lost by inattention or indifference;
and the courtesy of his general manner was only so far restrained on
the Bench, as was necessary for the dignity of office, and for the
suppression of familiarity.
His industry and powers of labor, when contemplated in connection with
his social temper, show a facility that does not generally belong to
parts of such strength. There remain behind him nearly thirty volumes
of copiously reasoned decisions, greater in difficulty and labor, than
probably have been made in any other court during the life of a single
judge! yet he participated in them all; and in those of greatest
difficulty, his pen has most frequently drawn up the judgment; and in
the midst of his judicial duties, he composed and published in the
year 1804, a copious biography of Washington, surpassing in
authenticity and minute accuracy, any public history with which we are
acquainted. He found time also to revise it, and to publish a second
edition, separating the History of the American Colonies from the
Biography, and to prepare with his own pen an edition of the latter
for the use of schools. Every part of it is marked with the scrupulous
veracity of a judicial exposition; and it shows moreover, how deeply
the writer was imbued with that spirit which will live after all the
compositions of men shall be forgotten,--the spirit of charity, which
could indite a history of the Revolution and of parties, in which he
was a conspicuous actor, without discoloring his pages with the
slightest infusion of gall. It could not be written with more candor
an hundred years hence. It has not been challenged for the want of it,
but in a single instance, and that has been refuted by himself with
irresistible force of argument, as well as with unexhausted benignity
of temper.
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