An Address by Mr. Justice Story on Chief Justice Marshall, Delivered in 1852 [i.e. 1835] at Request of the Suffolk (Mass.) Bar

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Lawyers cooperative publishing Company, 1901 - 60 pages
 

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Page 53 - ... you saw him listening with a quiet, easy dignity to the discussions at the bar; silent, Serious, searching; with a keenness of thought, which sophistry could not mislead or error confuse, or ingenuity delude; with a benignity of aspect, which invited the modest to move on with confidence ; with a conscious firmness of purpose, which repressed arrogance, and overawed declamation. You heard him pronounce. the opinion of the Court in a low but modulated voice, unfolding in luminous order every topic...
Page 53 - Perhaps no judge ever excelled him in the capacity to hold a legal proposition before the eyes of others in such various forms and colors. It seemed a pleasure to him to cast the darkest shades of objection over it, that he might show how they could be dissipated by a single glance of light.
Page 41 - ... clearness and calmness. Upon a first introduction, he would be thought to be somewhat cold and reserved, but he was neither the one nor the other. It was simply a habit of easy taciturnity, waiting as it were his own turn to follow the line of conversation, and not to presume to lead it. Even this habit melted away in the presence of the young; for he always looked upon them with a sort of parental fondness, and enjoyed their playful wit, and fresh and confident enthusiasm. Meet him in a...
Page 16 - I am disposed to ascribe my devotion to the Union, and to a government competent to its preservation, at least as much to casual circumstances as to judgment. I had grown up at a time . . . when the maxim, ' United we stand, divided we fall...
Page 16 - United we stand ; divided we fall,' was the maxim of every orthodox American. And I had imbibed these sentiments so thoroughly, that they constituted a part of my being. I carried them with me into the army, where I found myself associated with brave men from different States, who were risking life and everything valuable in a common cause, believed by all to be most precious; and where I was confirmed in the habit of considering America as my country, and Congress as my government.
Page 8 - My father," (would he say with kindled feelings and emphasis,) " my father was a far abler man than any of his sons. To him I owe the solid foundation of all my own success in life.
Page 55 - ... explored by few minds, even in the most general forms of inquiry. Let it be remembered that in the course of his judicial life, numerous questions of a practical nature, and involving interests of vast magnitude, have been constantly before the court, where there was neither guide nor authority, but all was to be wrought out by general principles. Let it be remembered that texts, which scarcely cover the breadth of a finger, have been since interpreted, explained, limited and adjusted by judicial...
Page 33 - About this time he was invited by Washington to accept the office of Attorney General of the United States, but he declined, on account of its interference with the practice of his profession. He was offered the position of Minister to France, on the recall of Mr. Monroe. This he also declined.
Page 52 - When these various duties are considered, it is scarcely too much to say, that they present the same discouraging aspect of the National Jurisprudence, which Sir Henry Spelman has so feelingly proclaimed of the municipal jurisprudence of England, in his day ; — Molem, non ingentem solum, sed perpetuis humeris sustinendam. These, however, are but a part of the qualifications required of the man, who holds the office of Chief Justice. He must also possess other rare accomplishments, which are required...
Page 40 - He was a man of the most unaffected modesty. Although I am persuaded, that no one ever possessed a more entire sense of his own extraordinary talents and acquirements, than he ; yet it was a quiet, secret sense, without pride and without ostentation. May I be permitted to say, that, during a most intimate friendship of many, many years, I never upon any occasion was able to detect the slightest tincture of personal vanity. He had no desire for display, and no ambition for admiration. He made no effort...

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