of his mind from premises to conclusion. A contemporary aptly likened one of his dis courses to the easy but unremitting advance of the dawn. His speeches, like his opinions, abound in sententious questions, not only those general questions which comprehend cases and subjects, but those subordinate questions which occur in the process of an alysis and argument, so stated as to suggest inevitable answers.1 His professional reputation became na tional in the celebrated case of Ware v. Hylton, known as the English debt case, which raised the question whether, under the treaty of peace of 1783 British cred itors could recover debts sequestrated during the Revolutionary war by act of the Virginia Legislature. The honor of the State and the fortunes of many of its citizens were involved in the issue. The case was argued before the Supreme Court in Philadelphia in the winter of 1796. There were engaged in it the most learned and elo quent members of the Virginia Bar, which at that time was said to rank first in the country. Marshall appeared as leading coun sel for the defendants; and, although on the losing side of the case, his great argument excited the admiration of the Court and the Bar. Speaking of Marshall's effort, Wirt says: "Marshall spoke, as he always does, to the judgment merely, and for the simple purpose of convincing." Marshall was justly pro nounced one of the greatest men of the coun try. He was followed by crowds, looked upon and courted with every evidence of ad miration and respect for the great powers of his mind. Marshall's maxim seems always to have been, "Aim exclusively at strength."2 Marshall's professional career was re peatedly sacrificed to the public interest. Tn these days we smile when told that an office 1 Honorable John A. Shauck, Chief Justice of the Su preme Court of Ohio. 2 Honorable Le Baron Bradford Colt, United States Circuit Judge.
has sought the man who fills it, smile some what sadly, somewhat bitterly; why, we know too well; but in his life we see this done, not once, but often, not in semblance, but in grave and painful truth. A man of very moderate fortune, with many just and heavy calls upon his means, he frequently interrupted his lucrative practice, sometimes altogether, sometimes in great part, to serve his fellow-countrymen in exigencies which, to his mind, left no choice, always to strengthen his claims to their gratitude, but always to leave him, in worldly goods, a poorer man. He refused pub lic service whenever his conscience tol erated the refusal; he declined to be Attorney General, Minister to France, Associate Justice of the Supreme Court; he announced more than once his permanent retirement from public life and his purpose to devote himself thereafter to the practice of his profession; in the words of Rinney : "Office, power and public honors he never sought. They sought him, and never found him prepared to welcome them, except as a sense of duty commanded." But the same "sense of duty" which had once bidden him draw his sword in his coun try's cause forbade him to stand aloof when ever he was called, too clearly for his mod esty to question the call, to serve her in peace as he had served her in war; and this was too often for his personal interest and his professional prosperity. Marshall was a great lawyer, who had been greater had the people's just sense of his merits allowed him to be a lawyer only.1 MARSHALL'S FEDERALISM. He was a party man, but not a partisan. He distinguished clearly between principles and policies. A Federalist of the school of Washington, he was as moderate in the ex pression of his views as he was steadfast and inflexible in defending them. Popular clamor could neither move him from the line 1 Honorable Charles J. Bonaparte, of Baltimore.
