Skip to content

Chapter II: Part 2

Text size

Marseilles is the headquarters of the XV. army corps and the seat of a bishop and a prefect. It has tribunals of first instance and of commerce, a chamber of commerce, a board of trade arbitration, and a branch of the Bank of France. The educational institutions include a faculty of science, a school of medicine and pharmacy, and a faculty (_faculté libre_) of law, these three forming part of the university of Aix-Marseille; lycées for boys and girls, a conservatoire of music, a school of fine art, a higher school of commerce, a school for ships' boys, a school of navigation and industrial schools for both sexes.

_Trade and Industry._--Marseilles is the western emporium for the
Levant trade and the French gate of the Far East. It suffers, however,
from the competition of Genoa, which is linked with the Rhine basin by
the Simplon and St Gotthard railway routes, and from lack of
communication with the inland waterways of France. In January 1902 the
chamber of deputies voted £3,656,000 for the construction of a canal
from Marseilles to the Rhone at Arles. This scheme was designed to
overcome the difficulties of egress from the Rhone and to make the
city the natural outlet of the rich Rhone basin. Much of the activity
of the port is due to the demand for raw material created by the
industries of Marseilles itself. The imports include raw silk, sesame,
ground-nuts and other oil-producing fruits and seeds largely used in
the soap manufacture, cereals and flour, wool, hides and skins, olive
and other oils, raw cotton, sheep and other livestock, woven goods,
table fruit, wine, potatoes and dry vegetables, lead, cocoon silk,
coffee, coal, timber. The total value of imports was £64,189,000 in
1907, an increase of £18,000,000 in the preceding decade. The exports,
of which the total value was £52,901,000 (an increase of £21,000,000
in the decade) included cotton fabrics, silk fabrics, cereals and
flour, hides and skins, wool fabrics, worked skins, olive and other
oils, chemical products, wine, refined sugar, raw cotton, wool, coal,
building-material, machinery and pottery.

The port is the centre for numerous lines of steamers, of which the
chief are the Messageries Maritimes, which ply to the eastern
Mediterranean, the east coast of Africa, Australia, India, Indo-China,
Havre and London, and the Compagnie Générale Transatlantique, whose
vessels run to Algiers, Tunis, Malta, Corsica, Morocco and the
Antilles. In addition many important foreign lines call at the port,
among them being the P. and O., the Orient, the North German Lloyd,
and the German East Africa lines.

Marseilles has five chief railway stations, two of which serve the new
harbours, while one is alongside the old port; the city is on the main
line of the Paris-Lyon-Méditerranée railway from the Riviera and
Toulon to Paris via Arles, Avignon and Lyons, another less important
line connecting it with Aix.

Soap-making, introduced in antiquity from Savona and Genoa, is carried
on in upwards of fifty factories. These utilize the products of the
oil-distilleries and of the chemical works, the latter being also an
important adjunct to the manufacture of candles, another leading
industry. A large quantity of iron, copper and other ores is smelted
in the blast-furnaces of Saint Louis in the vicinity and in other
foundries, and the Mediterranean Engineering Company and other
companies have large workshops for the construction or repair of
marine steam-engines and every branch of iron shipbuilding. To these
industries must be added flour-milling, the manufacture of semolina
and other farinaceous foods and of biscuits, bricks and tiles, rope,
casks, capsules for bottles and other tin-goods, tanning, distilling,
brewing and sulphur- and sugar-refining. There are state tobacco and
match factories.

_History._--The Greek colony of Massalia (Lat. _Massilia_) was founded by the mariners of Phocaea in Asia Minor, about 600 B.C. The settlement of the Greeks in waters which the Carthaginians reserved for their own commerce was not effected without a naval conflict; it is not improbable that the Phoenicians were settled at Marseilles before the Greek period, and that the name of the town is the Phoenician for "settlement." Whether the judges (_sophetim_, "suffetes") of the Phoenician sacrificial tablet of Marseilles were the rulers of a city existing before the advent of the Phocaeans, or were consuls for Punic residents in the Greek period, is disputed. In 542 B.C. the fall of the Phocaean cities before the Persians probably sent new settlers to the Ligurian coast and cut off the remote city of Massalia from close connexion with the mother country. Isolated amid alien populations, the Massaliots made their way by prudence in dealing with the inland tribes, by vigilant administration of their oligarchical government, and by frugality united to remarkable commercial and naval enterprise. Their colonies spread east and west along the coast from Monaco to Cape St Martin in Spain, carrying with them the worship of Artemis; the inland trade, in which wine was an important element, can be traced by finds of Massalian coins across Gaul and through the Alps as far as Tirol. In the 4th century B.C. the Massaliot Pytheas visited the coasts of Gaul, Britain and Germany, and Euthymenes is said to have sailed down the west coast of Africa as far as Senegal. The great rival of Massalian trade was Carthage, and in the Punic Wars the city took the side of Rome, and was rewarded by Roman assistance in the subjugation of the native tribes of Liguria. In the war between Caesar and Pompey Massilia took Pompey's side and in A.D. 49 offered a vain resistance to Caesar's lieutenant Trebonius. In memory of its ancient services the city, "without which," as Cicero says, "Rome had never triumphed over the Transalpine nations," was left as a _civitas libera_, but her power was broken and most of her dependencies taken from her. From this time Massilia has little place in Roman history; it became for a time an important school of letters and medicine, but its commercial and intellectual importance declined. The town appears to have been christianized before the end of the 3rd century, and at the beginning of the 4th century was the scene of the martyrdom of St Victor. Its reputation partly revived through the names of Gennadius and Cassian, which give it prominence in the history of Semi-Pelagianism and the foundation of western monachism.

After the ravages of successive invaders, Marseilles was repeopled in the 10th century under the protection of its viscounts. The town gradually bought up their rights, and at the beginning of the 13th century was formed into a republic, governed by a _podestat_, who was appointed for life, and exercised his office in conjunction with 3 notables, and a municipal council, composed of 80 citizens, 3 clerics, and 6 principal tradesmen. During the rest of the middle ages, however, the higher town was governed by the bishop, and had its harbour at the creek of La Joliette which at that period ran inland to the north of the old town. The southern suburb was governed by the abbot of St Victor, and owned the Port des Catalans. Situated between the two, the lower town, the republic, retained the old harbour, and was the most powerful of the three divisions. The period of the crusades brought prosperity to Marseilles, though throughout the middle ages it suffered from the competition of Pisa, Genoa and Venice. In 1245 and 1256 Charles of Anjou, count of Provence, whose predecessors had left the citizens a large measure of independence, established his authority above that of the republic. In 1423 Alphonso V. of Aragon sacked the town. King René, who had made it his winter residence, however, caused trade, arts and manufactures again to flourish. On the embodiment of Provence in the kingdom of France in 1481, Marseilles preserved a separate administration directed by royal officials. Under Francis I. the disaffected constable Charles de Bourbon vainly besieged the town with the imperial forces in 1524. During the wars of religion, Marseilles took part against the Protestants, and long refused to acknowledge Henry IV. The loss of the ancient liberties of the town brought new disturbances under the Fronde, which Louis XIV. came in person to suppress. He entered the town by a breach in the walls and afterwards had Fort St Nicolas constructed. Marseilles repeatedly suffered from the plague, notably from May 1720 to May 1721.

During the Revolution the people rose against the aristocracy, who up to that time had governed the commune. In the Terror they rebelled against the Convention, but were promptly subdued by General Carteaux. The wars of the empire, by dealing a blow to their maritime commerce, excited the hatred of the inhabitants against Napoleon, and they hailed the return of the Bourbons and the defeat of Waterloo. The news of the latter provoked a bloody reaction in the town against those suspected of imperialism. The prosperity of the city received a considerable impulse from the conquest of Algeria and from the opening of the Suez Canal.

See P. Castanier, _Histoire de la Provence dans l'antiquité_, vol. ii.
(Paris, 1896); E. Caman, _Marseille au XX^me siècle_ (Paris, 1905); P.
Joanne, _Marseille et ses environs_.

FOOTNOTE:

[1] From the Latin _cannabis_, Provençal _cannèbe_, "hemp," in
allusion to the rope-walks formerly occupying its site.

MARSH, ADAM (ADAM DE MARISCO) (d. c. 1258), English Franciscan, scholar and theologian, was born about 1200 in the diocese of Bath, and educated at Oxford under the famous Grosseteste. Before 1226 Adam received the benefice of Wearmouth from his uncle, Richard Marsh, bishop of Durham; but between that year and 1230 he entered the Franciscan order. About 1238 he became the lecturer of the Franciscan house at Oxford, and within a few years was regarded by the English province of that order as an intellectual and spiritual leader. Roger Bacon, his pupil, speaks highly of his attainments in theology and mathematics. His fame, however, rests upon the influence which he exercised over the statesmen of his day. Consulted as a friend by Grosseteste, as a spiritual director by Simon de Montfort, the countess of Leicester and the queen, as an expert lawyer and theologian by the primate, Boniface of Savoy, he did much to guide the policy both of the opposition and of the court party in all matters affecting the interests of the Church. He shrank from office, and never became provincial minister of the English Franciscans, though constantly charged with responsible commissions. Henry III. and Archbishop Boniface unsuccessfully endeavoured to secure for him the see of Ely in 1256. In 1257 Adam's health was failing, and he appears to have died in the following year. To judge from his correspondence he took no interest in secular politics. He sympathized with Montfort as with a friend of the Church and an unjustly treated man; but on the eve of the baronial revolution he was on friendly terms with the king. Faithful to the traditions of his order, he made it his ambition to be a mediator. He rebuked both parties in the state for their shortcomings, but he did not break with either.

See his correspondence, with J. S. Brewer's introduction, in
_Monumenta franciscana_, vol. i. (Rolls ser., 1858); the biographical
notice in A. G. Little's Grey _Friars in Oxford_ (Oxford, 1892), where
all the references are collected. On Marsh's relations with
Grosseteste, see _Roberti Grosseteste epistolae_, ed. H. R. Luard
(Rolls ed., 1861), and F. S. Stevenson, _Robert Grosseteste_ (London,
1809). (H. W. C. D.)

MARSH, GEORGE PERKINS (1801-1882), American diplomatist and philologist, was born at Woodstock, Vermont, on the 15th of March 1801. He graduated at Dartmouth College in 1820, was admitted to the bar in 1825, and practised law at Burlington, Vermont, devoting himself also with ardour to philological studies. In 1835 he was a member of the Supreme Executive Council of Vermont, and from 1843 to 1849 a Whig representative in Congress. In 1849 he was appointed United States minister resident in Turkey, and in 1852-1853 discharged a mission to Greece in connexion with the imprisonment by the authorities of that country of an American missionary, Dr Jonas King (1792-1869). He returned to Vermont in 1854, and in 1857 was a member of the state railway commission. In 1861 he became the first United States minister to the kingdom of Italy, and died in that office at Vallombrosa on the 23rd of July 1882. He was buried in a Protestant cemetery in Rome. Marsh was an able linguist, writing and speaking with ease the Scandinavian and half a dozen other European languages, a remarkable philologist for his day, and a scholar of great breadth, knowing much of military science, engraving and physics, as well as of Icelandic, which was his specialty. He wrote many articles for Johnson's _Universal Cyclopaedia_, and contributed many reviews and letters to the _Nation_. His chief published works are: _A Compendious Grammar of the Old Northern or Icelandic Language_ (1838), compiled and translated from the grammars of Rask; _The Camel, his Organization, Habits, and Uses, with Reference to his Introduction into the United States_ (1856); _Lectures on the English Language_ (1860); _The Origin and History of the English Language_ (1862; revised ed., 1885); and _Man and Nature_ (1865). The last-named work was translated into Italian in 1872, and, largely rewritten, was issued in 1874 under the title _The Earth as Modified by Human Action_; a revised edition was published in 1885. He also published a work on _Mediaeval and Modern Saints and Miracles_ (1876). His valuable library was presented in 1883 by Frederick Billings to the university of Vermont. His second wife, CAROLINE (CRANE) MARSH (1816-1901), whom he married in 1839, published _Wolfe of the Knoll and other Poems_ (1860), and the _Life and Letters of George Perkins Marsh_ (New York, 1888). This last work was left incomplete, the second volume never having been published. She also translated from the German of Johann C. Biernatzki (1795-1840), _The Hallig; or the Sheepfold in the Waters_ (1856).

MARSH, HERBERT (1757-1839), English divine, was born at Faversham, Kent, on the 10th of December 1757, and was educated at St John's College, Cambridge, where he was elected fellow in 1782, having been second wrangler and second Smith's prizeman. For some years he studied at Leipzig, and between 1793 and 1801 published in four volumes a translation of J. D. Michaelis's _Introduction to the New Testament_, with notes of his own, in which he may be said to have introduced German methods of research into English biblical scholarship. His _History of the Politics of Great Britain and France_ (1799) brought him much notice and a pension from William Pitt. In 1807 he was appointed Lady Margaret professor of divinity at Cambridge, and lectured to large audiences on biblical criticism, substituting English for the traditional Latin. Both here, and afterwards as bishop of Llandaff (1816) and of Peterborough (1819), he stoutly opposed hymn-singing, Calvinism, Roman Catholicism, and the Evangelical movement as represented by Charles Simeon and the Bible Society. Among his writings are _Lectures on the Criticism and Interpretation of the Bible_ (1828), _A Comparative View of the Churches of England and Rome_ (1814), and _Horae Pelasgicae_ (1815). He died at Peterborough on the 1st of May 1839.

MARSH, NARCISSUS (1638-1713), archbishop of Dublin and Armagh, was born at Hannington, Wiltshire, and educated at Oxford. He became a fellow of Exeter College, Oxford, in 1658. In 1662 he was ordained, and presented to the living of Swindon, which he resigned in the following year. After acting as chaplain to Seth Ward, bishop of Exeter and Salisbury, and Lord Chancellor Clarendon, he was elected principal of St Alban Hall, Oxford, in 1673. In 1679 he was appointed provost of Trinity College, Dublin, where he did much to encourage the study of the Irish language. He helped to found the Royal Dublin Society, and contributed to it a paper entitled "Introductory Essay to the Doctrine of Sounds" (printed in _Philosophical Transactions_, No. 156, Oxford, 1684). In 1683 he was consecrated bishop of Ferns and Leighlin, but after the accession of James II. he was compelled by the turbulent soldiery to flee to England (1689), where he became vicar of Gresford, Flint, and canon of St Asaph. Returning to Ireland in 1691 after the battle of the Boyne, he was made archbishop of Cashel, and three years later he became archbishop of Dublin. About this time he founded the Marsh Library in Dublin. He became archbishop of Armagh in 1703. Between 1699 and 1711 he was six times a lord justice of Ireland. He died on the 2nd of November 1713.

MARSH, OTHNIEL CHARLES (1831-1899), American palaeontologist, was born in Lockport, New York, on the 29th of October 1831. He graduated at Yale College in 1860, and studied geology and mineralogy in the Sheffield scientific school, New Haven, and afterwards palaeontology and anatomy in Berlin, Heidelberg and Breslau. Returning to America in 1866 he was appointed professor of vertebrate palaeontology at Yale College, and there began the researches of the fossil vertebrata of the western states, whereby he established his reputation. He was aided by a private fortune from his uncle, George Peabody, whom he induced to establish the Peabody Museum of Natural History (especially devoted to zoology, geology and mineralogy) in the college. In May 1871 he discovered the first pterodactyl remains found in America, and in subsequent years he brought to light from Wyoming and other regions many new genera and families, and some entirely new orders of extinct vertebrata, which he described in monographs or periodical articles. These included remains of the Cretaceous toothed birds _Hesperornis_ and _Ichthyornis_, the Cretaceous flying-reptiles (_Pteranodon_), the swimming reptiles or Mosasauria, and the Cretaceous and Jurassic land reptiles (_Dinosauria_) among which were the _Brontosaurus_ and _Atlantosaurus_. The remarkable mammals which he termed Brontotheria (now grouped as Titanotheriidae), and the huge Dinocerata, one being the _Uintatherium_, were also brought to light by him. Among his later discoveries were remains of early ancestors of horses in America. On becoming vice-president of the American Association for the Advancement of Science in 1875 he gave an address on the "Introduction and Succession of Vertebrate Life in America," summarizing his conclusions to that date. He repeatedly organized and often accompanied scientific exploring expeditions in the Rocky Mountains, and their results tended in an important degree to support the doctrines of natural selection and evolution. He published many papers on these, and found time--besides that necessarily given to the accumulation and care of the most extensive collection of fossils in the world--to write _Odontornithes: A Monograph on the Extinct Toothed Birds of North America_ (1880); _Dinocerata: A Monograph on an Extinct Order of Gigantic Mammals_ (1884); and _The Dinosaurs of North America_ (1896). His work is full of accurately recorded facts of permanent value. He was long in charge of the division of vertebrate palaeontology in the United States Geological Survey, and received many scientific honours, medals and degrees, American and foreign. He died in New Haven on the 18th of March 1899.

See obituary by Dr Henry Woodward (with portrait) in _Geol. Mag._
(1899), p. 237.

MARSH (O. F. _mersc_, for _merisc_, a place full of "meres" or pools; cf. Ger. _Meer_, sea, Lat. _mare_), an area of low-lying watery land. The significance of a marsh area is not so much in the manner of its formation as in the peculiar chemical and physical results that accompany it, and its relation to the ecology of plant and animal life. Chemically it is productive of such gases as arise from decomposing vegetation and are transitory in their effects, and in the production of hydrated iron oxide, which may be seen floating as an iridescent scum at the edge of rusty, marshy pools. This sinks into the soil and forms a powerful iron cement to many sandstones, binding them into a hard local mass, while the surrounding sandstones are loose and friable. A curious morphological inversion follows in a later geological period, the marsh area forming the hard cap of a hill (see MESA) while the surrounding sandstones are weathered away. Salt marshes are a feature of many low-lying sea-coasts and areas of inland drainage.

MARSHAL (med. Lat. _marescalcus_, from O.H.Ger. _marah_, horse, and _scalc_, servant), a title given in various countries to certain military and civil officers, usually of high rank. The origin and development of the meaning of the designation is closely analogous with that of constable (q.v.). Just as the title of constable, in all its medieval and modern uses, is traceable to the style and functions of the Byzantine count of the stable, so that of marshal was evolved from the title of the _marescalci_, or masters of the horse, of the early Frankish kings. In this original sense the word survived down to the close of the Holy Roman empire in the titular office of _Erz-Marschalk_ (arch-marshal), borne by the electors of Saxony. Elsewhere the meaning of office and title was modified. The importance of cavalry in medieval warfare led to the marshalship being associated with military command; this again led to the duty of keeping order in court and camp, of deciding questions of chivalry, and to the assumption of judicial and executive functions. The marshal, as a military leader, was originally a subordinate officer, the chief command under the king being held by the constable; but in the 12th century, though still nominally second to the constable, the marshal has come to the forefront as commander of the royal forces and a great officer of state. In England after the Conquest the marshalship was hereditary in the family which derived its surname from the office, and the hereditary title of earl-marshal originated in the marriage of William Marshal with the heiress of the earldom of Pembroke (see EARL MARSHAL). Similarly, in Scotland, the office of marischal (from the French _maréchal_), probably introduced under David I., became in the 14th century hereditary in the house of Keith. In 1485 the Scottish marischal became an earl under the designation of earl-marischal, the dignity coming to an end by the attainder of George, 10th earl-marischal, in 1716. In France, on the other hand, though under Philip Augustus the marshal of France (_marescalcus Franciae_) appears as commander-in-chief of the forces, care was taken not to allow the office to become descendible; under Francis I. the number of marshals of France was raised to two, under Henry III. to four, and under Louis XIV. to twenty. Revived by Napoleon, the title fell into abeyance with the downfall of the Second empire.

In England the use of the word marshal in the sense of commander of an army appears very early; so Matthew Paris records that in 1214 King John constituted William, earl of Salisbury, _marescalcus_ of his forces. The modern military title of field marshal, imported from Germany by King George II. in 1736, is derived from the high dignity of the _marescalcus_ in a roundabout way. The _marescalcus campi_, or _maréchal des champs_, was originally one of a number of officials to whom the name, with certain of the functions, of the marshal was given. The marshal, being responsible for order in court and camp, had to employ subordinates, who developed into officials often but nominally dependent upon him. On military expeditions it was usual for two such marshals to precede the army, select the site of the camp and assign to the lords and knights their places in it. In time of peace they preceded the king on a journey and arranged for his lodging and maintenance. In France _maréchal des logis_ is the title of superior non-commissioned officers in the cavalry.

Similarly at the king's court the _marescalcus aulae_ or _intrinsecus_ was responsible for order, the admission or exclusion of those seeking access, ceremonial arrangements, &c. Such "marshals" were maintained, not only by the king, but by great lords and ecclesiastics. The more dignified of their functions, together with the title, survive in the various German courts, where the court marshal (_Hofmarschall_) is equivalent to the English lord chamberlain. Just as the _marescalcus intrinsecus_ acted as the vicar of the marshal for duties "within" the court, so the _marescalcus forinsecus_ was deputed to perform those acts of serjeanty due from the marshal to the Crown "without." Similarly there appears in the statute 5 Edw. III. cap. 8, a _marescalcus banci regii_ (_maréchal du Banc du Roy_), or marshal of the king's bench, who presided over the Marshalsea Court, and was responsible for the safe custody of prisoners, who were bestowed in the _mareschalcia_, or Marshalsea prison. The office of marshal of the queen's bench survived till 1849 (see LORD STEWARD; and MARSHALSEA). The official known as a judge's marshal, whose office is of considerable antiquity, and whose duties consisted of making abstracts of indictments and pleadings for the use of the judge, still survives, but no longer exercises the above functions. He accompanies a judge of assize on circuit and is appointed by him at the beginning of each circuit. His travelling and other expenses are paid by the judge, and he receives an allowance of two guineas a day, which is paid through the Treasury. He introduces the high sheriff of the county to the judge of assize on his arrival, and swears in the grand jury. For the French _maréchaussée_ see FRANCE: § _Law and Institutions_.

In the sense of executive legal officer the title marshal survives in the United States of America in two senses. The United States marshal is the executive officer of the Federal courts, one being appointed for each district, or exceptionally, one for two districts. His duties are to open and close the sessions of the district and circuit courts, serve warrants, and execute throughout the district the orders of the court. There are United States marshals also in Alaska, Hawaii, Porto Rico and the Philippines. They are appointed by the President, with the advice and consent of the Senate, for a term of four years, and, besides their duties in connexion with the courts, are employed in the service of the internal revenue, public lands, post office, &c. The temporary police sworn in to maintain order in times of disturbance, known in England as special constables, are also termed marshals in the United States. In some of the southern and western states of the Union the title marshal has sunk to that of the village policeman, as distinct from the county officers known as sheriffs and those of the justices' courts called constables.

In England the title of marshal, as applied to an executive officer, survives only in the army, where the provost marshal is chief of the military police in large garrisons and in field forces. Office and title were borrowed from the French _prévot des maréchaux_, the modern equivalent of the medieval _praepositus marescalcorum_ or _guerrarum_.

MARSHALL, ALFRED (1842- ), English economist, was born in London on the 26th of July 1842. He was educated at the Merchant Taylors' School and St John's College, Cambridge, being second wrangler in 1865, and in the same year becoming fellow of his college. He became principal of University College, Bristol, in 1877, and was lecturer and fellow of Balliol College, Oxford in 1883-1884. He was professor of political economy at Cambridge University from 1885 to 1908, and was a member of the Royal Commission on Labour in 1891. He became a fellow of the British Academy in 1902. He wrote (in conjunction with his wife) _Economics of Industry_ (1879), whilst his _Principles of Economics_ (1st ed., 1890) is a standard English treatise.

MARSHALL, JOHN (1755-1835), American jurist, chief-justice of the U.S. Supreme Court, was born on the 24th of September 1755 at Germantown (now Midland), in what four years later became Fauquier county, Virginia. He was of English descent, the son of Thomas Marshall (1732-1806) and his wife Mary Isham Keith. Marshall served first as lieutenant and after July 1778 as captain in the Continental Army during the War of Independence. He resigned his commission early in 1781; was admitted to the bar after a brief course of study, first practised in Fauquier county; and after two years began to practise in Richmond. In 1786 we find him counsel in a case of great importance, _Hite_ v. _Fairfax_, involving the original title of Lord Fairfax to that large tract of country between the headwaters of the Potomac and Rappahannock, known as the northern neck of Virginia. Marshall represented tenants of Lord Fairfax and won his case. From this time, as is shown by an examination of Call's _Virginia Reports_ which cover the period, he maintained the leadership of the bar of Virginia. He was a member of the Virginia Assembly in 1782-1791 and again in 1795-1797; and in 1788, he took a leading part in the Virginia Convention called to act on the proposed constitution for the United States, with Madison ably urging the ratification of that instrument. In 1795 Washington offered him the attorney-generalship, and in 1796, after the retirement of James Monroe, the position of minister to France. Marshall declined both offers because his situation at the bar appeared to him "to be more independent and not less honourable than any other," and his "preference for it was decided." He spent the autumn and winter of 1797-1798 in France as one of the three commissioners appointed by President John Adams to adjust the differences between the young republic and the directory. The commission failed, but the course pursued by Marshall was approved in America, and with the resentment felt because of the way in which the commission had been treated in France, made him, on his return, exceedingly popular. To this popularity, as well as to the earnest advocacy of Patrick Henry, he owed his election as a Federalist to the National House of Representatives in the spring of 1799, though the feeling in Richmond was overwhelmingly in favour of the opposition or Republican party. His most notable service in Congress was his speech on the case of Thomas Nash, alias Jonathan Robbins, in which he showed that there is nothing in the constitution of the United States which prevents the Federal government from carrying out an extradition treaty. He was secretary of state under President Adams from the 6th of June 1800 to the 4th of March 1801. In the meantime he had been appointed chief-justice of the Supreme Court, his commission bearing date the 31st of January. Thus while still secretary he presided as chief-justice.

At the time of Marshall's appointment it was generally considered that the Supreme Court was the one department of the new government which had failed in its purpose. John Jay, the first chief-justice, who had resigned in 1795, had just declined a reappointment to the chief-justiceship on the ground that he had left the bench perfectly convinced that the court would never acquire proper weight and dignity, its organization being fatally defective. The advent of the new chief-justice was marked by a change in the conduct of business in the court. Since its organization, following the prevailing English custom, the judges had pronounced their opinions seriatim. But beginning with the December term 1801, the chief-justice became practically the sole mouthpiece of the court. For eleven years the opinions are almost exclusively his, and there are few recorded dissents. The change was admirably adapted to strengthen the power and dignity of the court. The chief-justice embodied the majesty of the judicial department of the government almost as fully as the president stood for the power of the executive. That this change was acquiesced in by his associates without diminishing their goodwill towards their new chief is testimony to the persuasive force of Marshall's personality; for his associates were not men of mediocre ability. After the advent of Mr Justice Joseph Story the practice was abandoned. Marshall, however, still delivered the opinion in the great majority of cases, and in practically all cases of any importance involving the interpretation of the Constitution. During the course of his judicial life his associates were as a rule men of learning and ability. During most of the time the majority were the appointees of Democratic presidents, and before their elevation to the bench supposed to be out of sympathy with the federalistic ideas of the chief-justice. Yet in matters pertaining to constitutional construction, they seem to have had hardly any other function than to add the weight of their silent concurrence to the decision of their great chief. Thus the task of expounding the constitution during the most critical period of its history was his, and it was given to him to preside over the Supreme Court when it was called upon to decide four cases of vital importance: _Marbury_ v. _Madison_, _M'Culloch_ v. _Maryland_, _Cohens_ v. _Virginia_ and _Gibbons_ v. _Ogden_. In each of these cases it is Marshall who writes the opinion of the court; in each the continued existence of the peculiar Federal system established by the Constitution depended on the action of the court, and in each the court adopted a principle which is now generally perceived to be essential to the preservation of the United States as a federal state.

In _Marbury_ v. _Madison_, which was decided two years after his
elevation to the bench, he decided that it was the duty of the court
to disregard any act of Congress, and, therefore, a fortiori any act
of a legislature of one of the states, which the court thought
contrary to the Federal Constitution.

In _Cohens_ v. _Virginia_, in spite of the contention of Jefferson and
the then prevalent school of political thought that it was contrary to
the Constitution for a person to bring one of the states of the United
States, though only as an appellee, into a court of justice, he held
that Congress could lawfully pass an act which permitted a person who
was convicted in a state court, to appeal to the Supreme Court of the
United States, if he alleged that the state act under which he was
convicted conflicted with the Federal Constitution or with an act of
Congress.

In _M'Culloch_ v. _Maryland_, though admitting that the Federal
government is one of delegated powers and cannot exercise any power
not expressly given in the Constitution, he laid down the rule that
Congress in the exercise of a delegated power has a wide latitude in
the choice of means, not being confined in its choice of means to
those which must be used if the power is to be exercised at all.

Lastly, in _Gibbons_ v. _Ogden_, he held that when the power to
regulate interstate and foreign commerce was conferred by the
Constitution on the Federal government, the word "commerce" included
not only the exchange of commodities, but the means by which
interstate and foreign intercourse was carried on, and therefore that
Congress had the power to license vessels to carry goods and
passengers between the states, and an act of one of the states making
a regulation which interfered with such regulation of Congress was,
_pro tanto_, of no effect. It will be seen that in the first two cases
he established the Supreme Court as the final interpreter of the
Constitution.

The decision in _M'Culloch_ v. _Maryland_, by leaving Congress
unhampered in the choice of means to execute its delegated powers,
made it possible for the Federal government to accomplish the ends of
its existence. "Let the end be legitimate," said Marshall in the
course of its opinion, "let it be within the scope of the
Constitution, and all means which are appropriate, which are plainly
adapted to that end, which are not prohibited, but consist with the
letter and spirit of the Constitution, are constitutional."

If the decision in _M'Culloch_ v. _Maryland_ gave vigour to all
Federal power, the decision in _Gibbons_ v. _Ogden_, by giving the
Federal government control over the means by which interstate and
foreign commerce is carried on, preserved the material prosperity of
the country. The decision recognizes what the framers of the
Constitution recognized, namely that the United States is an economic
union, and that business which is national should be under national,
not state, control.

Though for the reasons stated, the four cases mentioned are the most important of his decisions, the value of his work as an expounder of the Constitution of the United States is not to be measured by these cases alone. In all he decided forty-four cases involving constitutional questions. Nearly every important part of the Constitution of the United States as it existed before the amendments which were adopted after the Civil War, is treated in one or more of them. The Constitution in its most important aspects is the Constitution as he interpreted it. He did not work out completely the position of the states in the Federal system, but he did grasp and establish the position of the Federal legislature and the Federal judiciary. To appreciate his work, however, it is necessary to see that it was the work not of a statesman but of a judge. Had Marshall been merely a far-seeing statesman, while most of his important cases would have been decided as he decided them, his life-work would have been a failure. It was not only necessary that he should decide great constitutional questions properly, but also that the people of the United States should be convinced of the correctness of his interpretation of the Constitution. His opinions, therefore, had to carry to those who studied them a conviction that the constitution as written had been interpreted according to its evident meaning. They fulfilled this prime requisite. Their chief characteristic is the cumulative force of the argument. The ground for the premiss is carefully prepared, the premiss itself is clearly stated; nearly every possible objection is examined and answered; and then comes the conclusion. There is little or no repetition, but there is a wealth of illustration, a completeness of analysis, that convinces the reader, not only that the subject has been adequately treated, but that it has been exhausted. His style, reflecting his character, suits perfectly the subject matter. Simple in the best sense of the word, his intellectual processes were so clear that he never doubted the correctness of the conclusion to which they led him. Apparently from his own point of view, he merely indicated the question at issue, and the inexorable rules of logic did the rest. Thus his opinions are simple, clear, dignified. Intensely interesting, the interest is in the argument, not in its expression. He had, in a wonderful degree, the power of phrase. He expressed important principles of law in language which tersely yet clearly conveyed his exact meaning. Not only is the Constitution interpreted largely as he taught the people of the United States to interpret it, but when they wish to express important constitutional principles which he enunciated they use his exact words. Again, his opinions show that he adhered closely to the words of the Constitution; indeed no one who has attempted to expound that instrument has confined himself more strictly to an examination of the text. In the proper, though not in the historical, sense he was the strictest of strict constructionalists, and as a result his opinions are practically devoid of theories of government, sovereignty and the rights of man.

A single illustration of his avoidance of all theory and his adherence
to the words of the Constitution will suffice. In the case of the
_United States_ v. _Fisher_ the constitutional question involved was
the power of Congress to give to the United States a preference over
all other creditors in the distribution of the assets of a bankrupt.
Such an act can be upheld on the ground that all governments have
necessarily the right to give themselves priority. Not so Marshall. To
him the act must be supported, if supported at all, not on any theory
of the innate nature of the government, national or otherwise, but as
a reasonable means of carrying out one of the express powers conferred
by the Constitution on the Federal government. Thus, he upholds the
act in question because of the power expressly conferred on the
Federal government to pay the debts of the union, and as a necessary
consequence of this power the right to make remittances by bills or
otherwise and to take precautions which will render the transactions
safe.

It is important to emphasize the fact that Marshall adhered in his opinions to the Constitution as written, not only because it is a fact which must be recognized if we are to understand the correct value of his work in the field of constitutional law, but also because there exists to-day a popular impression that by implication he stretched to the utmost the powers of the Federal government. This impression is due primarily to the ignorance of many of those who have undertaken to praise him. During his life he was charged by followers of the States Rights School of political thought with upholding Federal power in cases not warranted by the constitution. Later, however, those who admired a strong national government, without taking the trouble to ascertain whether the old criticism by members of the States Rights Party was just, regarded the assumption on which it was founded as Marshall's best claim to his country's gratitude.

As a constitutional lawyer, Marshall stands without a rival. His work on international law and admiralty is of first rank. But though a good, he was not a great, common law or equity lawyer. In these fields he did not make new law nor clarify what was obscure, and his constitutional opinions which to-day are found least satisfactory are those in which the question to be solved necessarily involves the discussion of some common-law conception, especially those cases in which he was required to construe the restriction imposed by the Constitution on any state impairing the obligation of contracts. His decision in the celebrated case of _Dartmouth College_ v. _Woodward_, in which he held that a state could not repeal a charter of a private corporation, because a charter is a contract which a subsequent act of the state repealing the charter impairs, though of great economic importance, does not touch any fundamental question of constitutional law. The argument which he advances lacks the clearness and finality for which most of his opinions are celebrated. It is not certain with whom he thought the contract was made: with the corporation created by the charter, with the trustees of the corporation, or with those who had contributed money to its objects.

Of the wonderful persuasive force of Marshall's personality there is abundant evidence. His influence over his associates, already referred to, is but one example though a most impressive one. From the moment he delivered the opinion in _Marbury_ v. _Madison_ the legal profession knew that he was a great judge. Each year added to his reputation and made for a better appreciation of his intellectual and moral qualities. The bar of the Supreme Court during his chief-justiceship was the most brilliant which the United States has ever known. Leaders, not only of legal, but political thought were among its members; one, Webster, was a man of genius and commanding position. To a very great degree Marshall impressed on the members of this bar and on the profession generally his own ideas of the correct interpretation of the Constitution and his own love for the union. He did this, not merely by his arguments but by the influence which was his by right of his strong, sweet nature. Statesmen and politicians, great and small, were at this time, almost without exception, members of the bar. To influence the political thought of the bar was to a great extent to influence the political thought of the people.

In 1782 he married Mary Willis Ambler, the daughter of the then treasurer of Virginia. They had ten children, six of whom grew to full age. For the greater part of the forty-eight years of their married life Mrs Marshall suffered intensely from a nervous affliction. Her condition called out the love and sympathy of her husband's deep and affectionate nature. Judge Story tells us: "That which, in a just sense, was his highest glory, was the purity, affectionateness, liberality and devotedness of his domestic life." For the first thirty years of his chief-justiceship his life was a singularly happy one. He never had to remain in Washington for more than three months. During the rest of the year, with the exception of a visit to Raleigh, which his duties as circuit judge required him to make, and a visit to his old home in Fauquier county, he lived in Richmond. His house on Shockhoe Hill is still standing.

On Christmas Day 1831 his wife died. He never was quite the same again. On returning from Washington in the spring of 1835 he suffered severe contusions, from an accident to the stage coach in which he was riding. His health, which had not been good, now rapidly declined and in June he returned to Philadelphia for medical attendance. There he died on the 6th of July. His body, which was taken to Richmond, lies in Shockhoe Hill Cemetery under a plain marble slab, on which is a simple inscription written by himself. In addition to his decisions Marshall wrote a famous biography of George Washington (5 vols., 1804-1807; 2nd ed., 2 vols., 1832), which though prepared hastily contains much material of value.

The principal sources of information are: an essay by James B. Thayer
(Boston and New York, 1904); _Great American Lawyers_ (Philadelphia,
1908), ii. 313-408, an essay by Wm. Draper Lewis; and Allan B.
Magruder, _John Marshall_ (Boston, 1885), in the "American Statesmen
Series." The addresses delivered on Marshall Day, the 4th of February
1901, are collected by John F. Dillon (Chicago, 1903). In the
"Appendix" to Dillon's collection will be found the "Discourse" by
Joseph Story and the "Eulogy" by Horace Binney, both delivered soon
after Marshall's death. For a study of Marshall's decisions, the
_Constitutional Decisions of John Marshall_, edited by Joseph P.
Collon, Jr. (New York and London, 1905), is of value. (W. D. L.)

MARSHALL, JOHN (1818-1891), British surgeon and physiologist, was born at Ely, on the 11th of September 1818, his father being a lawyer of that city. He entered University College, London, in 1838, and in 1847 he was appointed assistant-surgeon at the hospital, becoming in 1866 surgeon and professor of surgery. He was professor of anatomy at the Royal Academy from 1873 till his death. In 1883 he was president of the College of Surgeons, also Bradshaw lecturer (on "Nerve-stretching for the relief or cure of pain"), Hunterian orator in 1885, and Morton lecturer in 1889. In 1867 he published his well-known textbook _The Outlines of Physiology_ in two volumes. He died on the 1st of January 1891. "Marshall's fame," wrote Sir W. MacCormac in his volume on the _Centenary of the College of Surgeons_ (1900), "rests on the great ability with which he taught anatomy in relation to art, on the introduction into modern surgery of the galvano-cautery, and on the operation for the excision of varicose veins. He was one of the first to show that cholera might be spread by means of drinking water, and issued a report on the outbreak of cholera in Broad Street, St James's, 1854. He also invented the system of circular wards for hospitals, and to him are largely owing the details of the modern medical student's education."

MARSHALL, STEPHEN (c. 1594-1655), English Nonconformist divine, was born at Godmanchester in Huntingdonshire, and was educated at Emmanuel College, Cambridge (M.A. 1622, B.D. 1629). After holding the living of Wethersfield in Essex he became vicar of Finchingfield in the same county, and in 1636 was reported for "want of conformity." He was a preacher of great power, and influenced the elections for the Short Parliament of 1640. Clarendon esteemed his influence on the parliamentary side greater than that of Laud on the royalist. In 1642 he was appointed lecturer at St Margaret's, Westminster, and delivered a series of addresses to the Commons in which he advocated episcopal and liturgical reform. He had a share in writing _Smectymnuus_, was appointed chaplain to the earl of Essex's regiment in 1642, and a member of the Westminster Assembly in 1643. He represented the English Parliament in Scotland in 1643, and attended the parliamentary commissions at the Uxbridge Conference in 1645. He waited on Archbishop Laud before his execution, and was chaplain to Charles I. at Holmby House and at Carisbrooke. A moderate and judicious presbyterian, he prepared with others the "Shorter Catechism" in 1647, and was one of the "Triers," 1654. He died in November 1655 and was buried in Westminster Abbey, but his body was exhumed and maltreated at the Restoration. His sermons, especially that on the death of John Pym in 1643, reveal eloquence and fervour. The only "systematic" work he published was _A Defence of Infant Baptism_, against John Tombes (London, 1646).

MARSHALL, a city and the county-seat of Saline county, Missouri, U.S.A., situated a little W. of the centre of the state, near the Salt Fork of the La Mine River. Pop. (1890), 4297; (1900), 5086 (208 being foreign-born and 98 negroes); (1910) 4869. It is served by the Missouri Pacific and the Chicago & Alton railways. The city is laid out regularly on a high, undulating prairie. It is the seat of Missouri Valley College (opened 1889; co-educational), which was established by the Cumberland Presbyterian church, and includes a preparatory department and a conservatory of music. The court-house (1883), a Roman Catholic convent and a high school (1907) are the principal buildings. The Missouri colony for the feeble-minded and epileptic (1899) is at Marshall. The principal trade is with the surrounding farming country. The municipality owns and operates the waterworks. Marshall was first settled and was made the county seat in 1839; it became a town in 1866 (re-incorporated 1870) and a city in 1878.

MARSHALL, a city and the county-seat of Harrison county, Texas, U.S.A., about 145 m. E. by S. of Dallas. Pop. (1890), 7207; (1900) 7855 (3769 negroes); (1910) 11,452. Marshall is served by the Texas & Pacific and the Marshall & East Texas railways, which have large shops here. Wiley University was founded in 1873 by the Freedman's Aid Society of the Methodist Episcopal Church, and Bishop College, was founded in 1881 by the American Baptist Home Mission Society and incorporated in 1885. Marshall is situated in a region growing cotton and Indian corn, vegetables, small fruits and sugar-cane; in the surrounding country there are valuable forests of pine, oak and gum. In the vicinity of the city there are several lakes (including Caddo Lake) and springs (including Hynson and Rosborough springs). The city has a cotton compress, and among its manufactures are cotton-seed oil, lumber, ice, foundry products and canned goods. The municipality owns and operates the waterworks. Marshall was first settled in 1842, was incorporated in 1843, and received a city charter in 1848; in 1909 it adopted the commission form of government.

MARSHALL ISLANDS, an island group in the western Pacific Ocean (Micronesia) belonging to Germany. The group consists of a number of atolls ranged in two almost parallel lines, which run from N.W. to S.E. between 4° and 15° N. and 161° and 174° E. The north-east line, with fifteen islands, is called Ratak, the other, numbering eighteen, Ralik. These atolls are of coralline formation and of irregular shape. They rise but little above high-water mark. The highest elevation occurs on the island of Likieb, but is only 33 ft. The lagoon is scarcely more than 150 ft. deep and is accessible through numerous breaks in the reef. On the outward side the shore sinks rapidly to a great depth. The surface of the atolls is covered with sand, except in a few places where it has been turned into soil through the admixture of decayed vegetation. The reef in scarcely any instance exceeds 600 ft. in width.

The climate is moist and hot, the mean temperature being 80.50° F. Easterly winds prevail all the year round. There is no difference between the seasons, which, though the islands belong to the northern hemisphere, have the highest temperature in January and the lowest in July. Vegetation, on the whole, is very poor. There are many coco-nut palms, bread-fruit trees (_Artocarpus incisa_), various kinds of bananas, yams and taro, and pandanus, of which the natives eat the seeds. From the bark of another plant they manufacture mats. There are few animals. Cattle do not thrive, and even poultry are scarce. Pigs, cats, dogs and rats have been imported. There are a few pigeons and aquatic birds, butterflies and beetles. Crustacea and fish abound on the reefs.

Comments

Log in to leave a comment.

Encyclopaedia Britannica, 11th Edition, "Mars" to "Matteawan"Chapter II: Part 2

0%36 min left in chapter