Page:The Green Bag (1889–1914), Volume 13.pdf/252

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

John Marshall.

221

shown than at the head of the Supreme Court. His serene dignity, which imposed respect on all, his patience in listening, his comprehension of every point made, the ac curacy of his rulings, and the clearness and correctness of his charges to the jury made him as nearly a perfect Judge as it is possi ble for a mere mortal man to be.1

and the defence swerved ne'er a hair breadth from the true line of justice. In the conclu sion of his charge to the jury he showed his appreciation of his position and demon strated the courage with which he met it. He ends with these words, which should be im pressed on the mind of every Judge: "That this Court dares not usurp power, is most true. That this Court dares not shrink from UNITED STATES v. BURR. its duty, is not less true. No man is desirous The most famous of [Chief Justice Mar of becoming the peculiar subject of calumny. shall's] circuit cases is the great trial of the No man, might he let the bitter cup pass by United States v. Burr. The distinguished him without self-reproach, would drain it to the bottom. prisonerwas prose But if he have no cuted with all the choice in the power of the ad case, if there be ministration, stim no alternative pre ulated not only by sented to him but the serious charac a dereliction o f ter of the offence duty or the op charged, but also probrium of those by personal and who are denomi political hostility. nated the world, His name was exer he merits the con crated by a large tempt as well as and influential por the indignation of tion of the people who were prepared his country, who can hesitate which to believe him THE HALL WHERE WAS HELD THE TRIAL OF to embrace." 1 guilty, not only of AARON BURR. the treason charged, By courtesy of The It 'orttfs Work. The most im but of any or of all portant case in crimes in the deca logue. His politics and his principles dif which he sat at the circuit was the fered loto codo from those of the Judge be celebrated prosecution of Aaron Burr fore whom he was tried. The whole country for treason, and here he showed not looked on, anticipating, perhaps hoping, but only his ability, but his courage and one result of the trial. Surrounded by these independence in asserting and maintain circumstances, during a long and exciting ing the power of the courts and withstand trial, in which were used all the learning, ing public sentiment. This appears in his eloquence, ability and ingenuity of a most decision upon the memorable motion made able Bar prosecuting and defending, in by Burr's counsel for a subprena duces tccitm, which the accused himself took no unimport addressed to Tefferson, then President, or ant part, the Chief Justice, with steady hand, dering him to produce upon the trial a letter kept the scales of justice evenly balanced, and written to him by Colonel Wilkinson. Jeffer in the concurrent opinion of the prosecution son, who had a high opinion both of himself 'Honorable Charles E. Perkins, of Hartford, Connect!cut.

and his office, indignant at being treated like 1 Tddge áimonton.