Page:The Green Bag (1889–1914), Volume 13.pdf/257

This page needs to be proofread.
220
The Green Bag.

part. Marshall begins every important case or in originality of argument. He never mis by putting aside all confusing issues not vital conceived his own powers, so as to become to the decision. He clears the atmosphere the prey of errors from blinding pride and by stating all the points that materially affect excess of self-confidence. He was safely re the question, getting right at the marrow. mote from such faults, although he was not He carefully answers all the adverse argu unconscious of his extraordinary talents. In the field of correct reasoning his mind ments, and usually leaves practically nothing moved with transcendent freedom, never im for a rehearsing. When he closes his opin peded by too great reading, nor restricted ion, counsel are convinced that the case is to the ruts of mere precedents or other men's sealed. He does not attempt to convince or methods.1 rivet his conclusions by an exhaustive array of authorities, or any complete analysis of Marshall's judicial style, as it appears in them. While he shows some respect for au thorities, he spends very little effort in re his constitutional opinions, we may well de scribe in the words recently used by Herbert viewing them. Paul in reference to Dean Swift: "Absolute His chief aim in argument is to be un answerably strong, wasting no force in a dis and utter simplicity" is its distinguishing play of learning, nor allowing anything not mark. It leaves the reader "face to face with vital to his conclusions to distract or con the precise idea which the writer wished to fuse. He often alludes in the beginning of convey." During the long years since those his opinion to the serious if not solemn im opinions were first reported, there have been portance, of the questions involved, and how occasional discussions as to whether his views it would be more agreeable to be rid of de were correct, but there has seldom, if ever, ciding them, and then he states the fearless been any doubt as to what his views actually spirit with which the Bench must address were. In those opinions we find no needless itself to the matter. Thus inspired with the display of learning, no collateral digressions. soul of a just, weighty and fearless purpose, no talking for momentary effect, and no at the argument moves like a compact, irresist tempts at fine writing. Indeed, there is an entire absence of the defects which so often ible body of soldiers. He is not poor in effective illustrations, mar judicial opinions. In him, there is no and he delights in putting one argument over "frequency of flat unnecessary epithets," nor against another, showing the * relative the "folly of using old threadbare phrases;" strength of each. Judge Alarshall was not nor are his opinions made up of poorly ar learned in the authorities, nor did he believe ranged quotations from other men, consti that it was of much use to dig up English tuting what has aptly been termed "a mani precedents to reach a proper construction of fest incoherent piece of patchwork. Above our Constitution. He expressed practically all, there is no "irrelevant eloquence." His this in the case of Osborn against the United motto was said to be: "Aim exclusively at strength." And in this connection it should States Bank. The profound reflections of his intellect, be noticed that there is seldom any flaw in guided by what he was pleased to call in the his logical processes. If his premises are Dartmouth College case, the "resplendent once admitted his conclusion generally fol light" of the Revolution, were better to him lows beyond all question. Of the effect of than the reflections of the great English Marshall's moral qualities upon his style, I Judges in arriving at a right construction of shall speak later. The Chief Justice was not what would be this instrument. He was not inferior to the best minds that had gone before him, either 1 Honorable George B. French, of Nashua, N. H. in breadth and thoroughness of conception, President of the 15ar Association of New Hampshire.