Page:The Green Bag (1889–1914), Volume 13.pdf/216

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John Marshall.

187

spread over the place of meeting, the spring of the club. The game began with great has been walled in and the grove cut down, animation. There were several ties; and, be and the memories of the club are passing fore long, I saw the great Chief Justice of into legend. the Supreme Court of the United States According to an account preserved in an down on his knees, measuring the contested article on Chief Justice Marshall in the num distance with a straw with as much earnest ber for February, 1836, of the "Southern Lit ness as if it had been a point of law; and if erary Messenger" (which, I believe, has al he proved to be in the right, the woods ways been considered as faithfully record would ring with his triumphant shout.1 ing the sentiments and the traditions of Vir ginia), the Quoit Club was coeval with the Like most truly great men, Marshall had Constitution of the United States, having a hearty laugh and a strong sense of humor. been organized in 1788 by thirty gentlemen, He was one of the most companionable of of whom Marshall was one; and it grew out mortals. In a book published in Virginia of informal fortnightly meetings of some not many years since, there is a delightful Scotch merchants to play at quoits. Who description of Marshall, when in the height can doubt that, if those Scotchmen had only of his reputation, participating in the recrea introduced their national game of golf, the tions of the Barbecue Club. This was an as Chief Justice would have become a master sociation composed of the prominent men of that game? of Richmond, and one of its favorite amuse There are several picturesque descriptions ments consisted in pitching quoits. On one of the part he took at the meetings of the occasion, after Marshall's quoit encircled the Quoit Club. It is enough to quote one, per stake or "meg," another quoit, thrown by a haps less known than the others, in which clerical gentleman, alighted on top of the the artist, Chester Harding, visiting Rich first one. Thereupon, the club, as a mock mond during the session of the State Con court, listened to jocose arguments on the vention of 1829-30, when the Chief Justice solemn question: "Who is winner when was nearly seventy-five years old, and the two adversary quoits are on the meg at the last survivor of the founders of the club, tells same time?" Marshall cited, in his own be us: "I again met Judge Marshall in Rich half, the maxim, Cujns est sohtm, ejus est mond, whither I went during the sitting of usque ad coclmn. He argued that, as he was the convention for amending the Constitu the first occupant, his right extended from tion. He was a leading member of a quoit the ground up to the vault of heaven, and club, which I was invited to attend. The that no one had a right to become a squatter battle-ground was about a mile from the on his back. The club finally decided that city, in a beautiful grove. I went early, with it was a drawn throw between the Chief a friend, just as the party were beginning Justice and Parson Blair. ("The Two Par to arrive. I watched for the coming of the sons," by George Wythe Munford, Rich old chief. He soon approached with his coat mond. 1884, 326-361.)2 on his arm and his hat in his hand, which he was using as a fan. He walked directly up Marshall dressed simply, but neatly. to a large bowl of mint-julep, which had I am inclined to believe that many of been prepared, and drank off a tumbler full the descriptions of his attire are exaggera of the liquid, smacked his lips, and then tions. One informant states that he would turned to the company with a cheerful 'How wear a coat until it was threadbare with are you, gentlemen?' He was looked upon out once having it brushed; and it has as the best pitcher of the party, and could 1 Mr. Justice Gray. - Professor Jeremiah Smith. throw heavier quoits than any other member