John Marshall. His "Commentaries on the Constitution" he dedicated to Chief Justice Marshall, who had the highest estimate of this work. . . . He accepted the Dane professorship of law in the Harvard Law School and found time to perform its duties in addition to all his other labors. . . He had a charming personality, which, with his modesty, his amiability and his goodness, endeared him to his judicial asso ciates and won the esteem and affection of a wide circle of friends. He carried on a large correspondence with authors, Judges and distinguished men in this country and Europe. He added strength to the Bench. He was its greatest scholar. His great learn ing and scholarship were reflected in his opinions and added lustre to the reputation of that distinguished Court. His fame as a Judge and author was by no means con fined to this country, but was known throughout Europe. As has been said of him, "he was not merely a Judge; he was a jurist also, interested not only in the ad ministration of the law, but in its science, in its improvement by legislation, and in its exposition by published works." It may be of interest to note the social life of the members of the Supreme Court at this time. As a rule the Justices did not take their families to Washington, but lived at hotels during the sessions of the Court. It is said they did not mingle much in so ciety in Washington. They lived rather apart from the rest of the world. Occasion ally they paid a visit to Mount Vernon and enjoyed the generous hospitality of their Associate Justice, Washington. Once a year they dined with the President. "On other days," Judge Story said, "we dine together and discuss at table the questions that are argued before us. We are great ascetics and even deny ourselves wine, except in wet weather." Here the Justice paused, as if thinking his last statement placed too severe a tax upon human credulity, and then added slyly, "What I say about wine, sir, gives you our rule: but it does sometimes happen that
the Chief Justice will say to me when the cloth is removed: 'Brother Story, step to the window and see if it does not look like rain.' And if I tell him that the sun is shining, Jus tice Marshall will sometimes reply, 'All the better; for our jurisdiction extends over so large a territory that the doctrine of chances makes it certain that it must be raining some where.' " 1 THE " LIFE OF WASHINGTON." At the earnest insistence of Justice Bushrod Washington, the literary executor and favorite nephew of General Washington, Judge Marshall during his judicial term wrote a life of Washington which did not prove to be a literary success. It is out of print, though later in life he published an abridged edition which did not serve to re deem the book from dullness and verbosity.2 In the literary work of writing the life of Washington, he was not at his best, for he had neither the necessary training for such a work, nor had he the leisure for a most critical study of all the facts. He had been a part of what he portrayed, and his brush had upon it the colors of a sharing par ticipant^ Itwas impossible to write this life of Wash ington without discussing the causes that led, during Washington's administration, to the formation of political parties and divided the people into Federalists and Democrats. It was also impossible for a personal friend and political sympathizer to write an account of Washington's administration without re flecting- on the conduct of those members of the Democratic party who practically con stituted the opposition. And it was equally impossible that history could be written from such a standpoint without giving great 1 Honorable Robert M.Wallace, Justice of the Supreme Court of New Hampshire »Honorable Horace H. Lurton, United States Circuit Judge. 'Honorable George B. French, Nashua, New Hamp shire.
