in international law he had to deal with such questions as the complicated rights of neutrals and belligerents, captors and claimants, of those trading under flags of peace and those privateering under letters of marque and reprisal, together with questions of the jurisdiction and judgments of foreign tribunals in matters of prize law, where there were few precedents for their solution.

Near the close of his life, in the seventy-fifth year of his age, he was a member of the Virginia State Convention which was called in 1829 to revise the State Constitution. In that distinguished assembly there were two ex-Presidents of the United States, Madison and Monroe, besides other men of brilliant talents and national reputation. Among them Marshall was not the least distinguished. The discussions lasted several weeks, and developed great differences of opinion, accompanied with no little acrimony in debate. The Chief Justice used his great powers in urging a spirit of conciliation and compromise on many questions which had proved a source of dissension and debate; but on the question of judicial tenure of office he took a positive stand, and spoke with great earnestness and power, and in words which may well be repeated in these days, when the independence of our judges is threatened by popular elections, and the encroachment of the legislative upon other departments of the government is becoming more and more marked.

Of the personal qualities of Marshall much might be said. His father has said of him that "he never seriously displeased him in his life," and the testimony of his own family bears witness to the almost flawless quality of the Of how many could it be truly said, as one of his relatives has said of him: "He had no affrays in boy

man.

VOL I-9

hood. He had no quarrels or outbreakings in manhood. He was the composer of strifes. He spoke ill of no man. He meddled not with their affairs. He viewed their worst deeds through the medium of charity. He had eight sisters and six brothers, with all of whom, from youth to age, his intercourse was marked by the utmost kindness and affection, and, although his eminent talents, high public character, and acknowledged usefulness could not fail to be a subject of pride and admiration to all of them, there is no one of his numerous relations who has had the happiness of a personal association with him in whom his purity, simplicity, and affectionate benevolence did not produce a deeper and more cherished impression than all the achievements of his powerful intellect."

One of his intimate personal friends has paid him this tribute: "In private life he was upright and scrupulously just in all his transactions. His friendships were ardent, sincere, and constant, his charity and benevolence unbounded. He was fond of society, and in the social circle cheerful and unassuming. He participated freely in conversation, but from modesty followed rather than led. Magnanimous and forgiving, he never bore malice, of which illustrious instances might be given. A republican from feeling and judgment, he loved equality, abhorred all distinctions founded upon rank instead of merit, and had no preference for the rich over the poor."

Unlike many judges, he knew how to unbend; and the serious side of his nature was relieved by a sense of humor which made him the most agreeable of companions. His laugh was frank and hearty, at times he was even hilarious. He was fond of young people, and entered into their pleasures with zest and enthusiasm. For more than

forty years he was a member of the Barbecue or Quoit Club of Richmond, which met for recreation once a fortnight from May till October in each year, and even in advanced years was among the most skilful in throwing the quoits. So great a favorite was he at these social gatherings that at his death it was proposed there should be no attempt to fill the vacancy, "but that the number of the club should be one less than it was before."

There is also another side to his character which should not be omitted; and that is his chivalrous respect for women, which he exhibited during all his life, and which was shown in his devotion to his wife, whom he married when he was twenty-eight years old, and with whom he lived in uninterrupted harmony for nearly fifty years.

When an old man he used to say "that it seemed to him that young men were no longer lovers, and did not know what love was, they were so lackadaisical about it." Harriet Martineau, who met him in Washington the year before his death, has written of him: "He maintained through life and carried to his grave a reverence for women as rare in its kind as in its degree."

Such was the career of John Marshall. Few men have had larger opportunities for the display of their talents. Few could have performed so well his tasks. As soldier, lawyer, statesman, diplomatist, and judge, he met every demand that was made upon him, and in such a way as to enhance his ultimate fame. Great as were his achievements, the man himself was still greater. After all has been said, his life is his best eulogy. Like a rare gem, which, however held, flashes some new phase of its beauty in the sunlight, John Marshall, from whatever side we view him, reveals some new virtue, some new source of strength. In his case we have not to discriminate be

tween private life and public achievement, nor to throw the mantle of charity over personal defects which might mar the brilliancy of his fame. We can say of him as was said of Bayard in the days of knighthood, in private and in public life he was sans peur et sans reproche.

In these halls of learning dedicated to the education of youth, where lofty ideals are taught and the importance of character as well as achievement is emphasized, we do well to honor the memory of John Marshall, who illustrates in his life the happy results of combined moral and intellectual force, and the enduring quality of a fame which rests on high character as well as noble achieve

ment.

STATE OF NEW HAMPSHIRE.

"Marshall day" in New Hampshire was celebrated by the State Bar Association at a meeting held at Manchester, February 4, 1901. The proceedings consisted of an address by George B. French, of Nashua, the President of the Association; a principal address by Jeremiah Smith, Professor of Law at Harvard University; an address on John Marshall as a Soldier by Edgar Aldrich, of Littleton; and an address by Robert M. Wallace, of Milford, on The Associates of John Marshall.

At the annual dinner of the Association an introductory address was made by Frank S. Streeter, of Concord, and responses to appropriate sentiments were given by his Excellency Chester B. Jordan, of Lancaster; by William J. Tucker, of Hanover, President of Dartmouth College; by Charles H. Burns, of Wilton; by Oliver E. Branch, of Manchester; by Charles B. Corning, of Concord, and by John S. H. Frink, of Portsmouth. We give the principal address in full and some of the more important and characteristic portions of the others.1

Introductory Address, by George B. French, of Nashua.

We have assembled here not only to celebrate the anniversary of a notable event in the life of one of our pro

1 The proceedings on John Marshall day are officially published in the Report of the Bar Association of New Hampshire (N. S.), Vol. I, No. 2, pp. 275-399, with portraits of Chief Justice Marshall and George B. French, President of the Association.