Gambar halaman

Harding's portraits were evidently thought well of, by the subject, as well as by the artist. One of them, afterwards bequeathed by Mr. Justice Story to Harvard Col. lege, was sent to him by the Chief Justice in March, 1828, with a letter saying, "I beg you to accept my portrait, for which I sat in Washington to Mr. Harding, to be preserved when I shall sleep with my fathers, as a testimonial of sincere and affectionate friendship; " and in the same letter he gave directions for paying Harding “ for the head and shoulders I have bespoke for myself.” Harding's principal portrait of Marshall was painted in 1830 for the Boston Athenæum, in whose possession it still is; it has the advantage of being a full length, showing that in his seventy-fifth year he retained the erect and slender figure of his youth; and the artist wrote of it in his autobiography: “I consider it a good picture. I had great pleasure in painting the whole of such a man.

Inman's careful portrait, in the possession of the Philadelphia Law Association, has often been engraved, and is perhaps the best known of all.

The crayon portrait in profile, drawn by St. Mémin in 1808, which has always remained in the family of the Chief Justice, and been considered by them an excellent likeness, and is now owned by a descendant in Baltimore; the bust by Frazee, bequeathed by Mr. Justice Story to Harvard College, and familiarly known by numerous casts; and that executed by Powers, by order of Congress, soon after the Chief Justice's death, for the Supreme Court room - all show that, while his hair grew rather low on the forehead, his head was high and well shaped, and that, as was then not unusual, he wore his hair in a queue.

His dress, as shown in the full-length portrait by Harding, and as described by his contemporaries, was a simple and appropriate, but by no means fashionable, suit of black, with knee breeches, long stockings, and low shoes with buckles.

You may think, my friends, that I have been led on to spend too much time in endeavoring to bring before you the bodily semblance of the great Chief Justice. Yet you must admit, as he did in his letter to Delaplaine, that portraits of eminent men are "an object of considerable interest."

But, after all, it is not the personal aspect of a great man, it is his intellect and his character, that have a lasting influence on mankind. Ut vultus hominum, ita simulacra vultus imbecilla ac mortalia sunt. Forma mentis æterna; quam tenere et exprimere, non per alienam materiam et artem, sed tuis ipse moribus possis.


Brethren of the Bar of the Old Dominion; Fellowcitizens of the United States:

To whatsoever professional duty or public office we may any of us be called, we can find, in the long line of eminent judges with whom Almighty Providence has blessed our race, no higher inspiration, no surer guide, than in the example and in the teachings of John MARSHALL.

NOTE.— The pamphlet edition of the foregoing address contains the following list of


Bank of United States v. Deveaux (1809), 5 Cranch, 61.
Bollman & Swartwout, Ex parte (1807), 4 Cranch, 75.
Boyle v. Zacharie (1832), 6 Peters, 635, 648.
Brown v. Maryland (1827), 12 Wheaton, 419.
Chisholm v. Georgia (1793), 2 Dallas, 419.
Cohens v. Virginia (1821), 6 Wheaton, 264.

Dartmouth College v. Woodward (1819), 4 Wheaton, 518.
Elmendorf v. Taylor (1825), 10 Wheaton, 152.
The Exchange (1812), 7 Cranch, 116.
Fletcher v. Peck (1810), 6 Cranch, 87.
The Genesee Chief (1851), 12 Howard, 443.
Gibbons v. Ogden (1824), 9 Wheaton, 1.
Hans v. Louisiana (1890), 134 U. S. 1.
Hollingsworth v. Virginia (1798), 3 Dallas, 378.
Hope Insurance Company v. Boardman (1809), 5 Cranch, 57.
Hylton v. United States (1796), 3 Dallas, 171.
Louisville Railroad Company v. Letson (1844), 2 Howard, 497.
McCulloch v. Maryland (1819), 4 Wheaton, 316.
Marbury v. Madison (1803), 1 Cranch, 137.
Martin v. Hunter's Lessee (1816), 1 Wheaton, 304.
Ogden v. Saunders (1827), 12 Wheaton, 213.
Osborn v. Bank of United States (1824), 9 Wheaton, 738.
Stuart v. Laird (1803), 1 Cranch, 299.
Sturges v. Crowninshield (1819), 4 Wheaton, 122.
The Thomas Jefferson (1825), 10 Wheaton, 428.
United States v. Peters (1809), 5 Cranch, 115.
United States v. Wiltberger (1820), 5 Wheaton, 76.
Ware v. Hylton (1796), 3 Dallas, 199.

Also the following list of



Adams, John. Works, vol. ix. Boston, 1854.
Adams, John Quincy. Memoirs, vols. viii, ix. Philadelphia, 1876.
Binney, Horace. Eulogy on Marshall. Philadelphia, 1835.

Old Bar of Philadelphia. p. 83. Philadelphia, 1859. Bradley, Joseph P. St. Memin's Portrait of Marshall. Century

Magazine of September, 1889. New York, 1889. Bryce, James. The American Commonwealth. London, 1888. Burr, Aaron. Trial. Robertson's Report; Philadelphia, 1808. Butler, Charles. Reminiscences. vol. i (4th ed.), p. 133. London,

1824. Carson, Hampton L. The Supreme Court of the United States. (2d

ed.) Philadelphia, 1892.

Cooley, Thomas M. The Federal Supreme Court. Lecture at Uni.

versity of Michigan in 1889. New York, 1890. Flanders, Henry. Lives of the Chief Justices. Philadelphia, 1881. Gibbs, George. Administrations of Washington and John Adams.

vol. ii, p. 314. New York, 1846. Grigsby, Hugh B. Discourse on Virginia Convention of 1829-30.

Richmond, 1853. Harding, Chester. Autobiographical Sketch. Cambridge, 1866.

Boston, 1890. Henry, Patrick. Life by William Wirt Henry. New York, 1891. Hitchcock, Henry. Constitutional Development of the United States

as influenced by Marshall. Lecture at University of Michi

gan in 1889. New York, 1890. Hopkinson, Joseph. Memoir of Marshall. Brockenbrough's Re

ports of Marshall's Decisions in Circuit Court, vol i, p. ix.

Philadelphia, 1837.
Jay, John. Life by William Jay. New York, 1833.

Life by George Pellew. Boston, 1890.
Law Reports, Probate Division. vol. v, pp. 197, 208. London, 1880.
Magruder, Allan B. Life of Marshall. Boston, 1885.
Marshall, John. Letters to John Adams. In possession of Adams

family at Quincy. MSS. Letters to William Cushing. In possession of Gen

eral Charles J. Paine of Boston. MSS. Letter to James Delaplaine. Columbus, Ohio;

published by J. H. Riley & Co., 1848.
Letters to Joseph Story. Massachusetts Historical

Society Proceedings. November, 1900.
Life of Washington. Philadelphia, 1804–7; (2d ed.)

Philadelphia, 1833.
Speech in Congress on Case of Jonathan Robbins.

Philadelphia, 1800. Wheaton's Reports of Cases
in Supreme Court, vol. v, Appendix, New York,

1820. Meade, William. Old Churches and Families of Virginia vol i,

p. 30; vol. ii, pp. 216–224. Philadelphia, 1872. New York Review. Article on Marshall. vol. iii, p. 328. New York,

1838. Phelps, Edward J. Address on Marshall. Philadelphia, 1879. Ameri

can Bar Association Reports, vol. ii.

Physick, Philip S. Memoir by J. Randolph, M. D. pp. 96-101. Philar

delphia, 1839. Rawle, William H. Oration on Unveiling of Marshall's Statue

United States Reports, vol. cxii, Appendix. Senate Executive Journal, 1789-1837. Washington, 1828–37. Southern Literary Messenger. Articles on Marshall. vol. ii, pp. 183,

258, 260, 317. Richmond, 1836. State Department. Commissions. 1789–1836. MSS. Story, Joseph. Article on Marshall. North American Review of

January, 1828. Boston, 1828.
Biography of Marshall. National Portrait Gallery

of Distinguished Americans, vol. i, pt. iii. Phila.
delphia, 1833–34. Story's Miscellaneous Writings

Boston, 1835.
Commentaries on the Constitution of the United

States. Boston, 1833.
Discourse on Marshall. Boston, 1835. Story's Mis

cellaneous Writings. Boston, 1852.

Life and Letters by William W. Story. Boston, 1851. Taney, Roger B. Life by Samuel Tyler. Baltimore, 1872. Tucker, St. George. Edition of Blackstone's Commentaries vol i,

pt. i, Appendix, p. 294. Philadelphia, 1803. Van Santvoord, George Lives of the Chief Justices (2d ed.) Albany,

1882. Virginia Bar. Resolutions on Marshall's Death. Brockenbrough's

Reports of Marshall's Decisions in Circuit Court, vol. i, p. xvii.

Philadelphia, 1837. Virginia Convention on Federal Constitution, 1788. Petersburg,

1788. 3 Elliot's Debates (2d ed.), Washington, 1836. Virginia Convention on State Constitution, 1829–30. pp. 616, 619,

871, 872. Richmond, 1830. Waite, Morrison R. Address on Unveiling of Marshall's Statue.

United States Reports, vol. cxii, Appendix Washington, George. Writings. (Sparks's ed.) vol. >; Boston, 1836.

(Ford's ed.), vol. xi; New York, 1891. Wirt, William. Letters of a British Spy. Richmond, 1803; (10th ed.)

New York, 1832.
Life by John P. Kennedy. Philadelphia, 1849.


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