Marsh

Vermont Executive Council, and in 1842 was elected to Congress, resigning in 1849 to become U. S. minister at Constantinople, a position which he held until 1849. After filling other state and national offices he was first U. S. minister to Italy, serving for the long period of from 1861 until his death. He translated Rask's Icelandic Grammar (1838), and published Lectures on the English Language (1861), The Origin and History of the English Language (1862), and Man and Nature (1864; new ed., with the title The Earth as Modified by Human Action, 1874). See Life by his widow (1888).

Marsh, HERBERT (1757-1839), English ecclesiastic and biblical critic, born at Faversham, Kent. He attracted Pitt's attention by works which did much to help the credit of the Bank of England at a crisis. These were the translation of an Essay by Patje (1797), History of the Politics of Great Britain and France (1799), and a Postscript (1799). His chief work is a translation of Michaelis's Introduction to the New Testament (4 vols. 1792-1801); and he wrote The National Religion the Foundation of National Education (1813); Lectures on the Criticism and Interpretation of the Bible (1828); and various other works. He has been called the most learned and acute English theologian of his time. He became bishop of Llandaff (1816), and was translated to Peterborough (1819).

He

Marsh, OTHNIEL CHARLES (1831-99), American naturalist, born at Lockport, N. Y. graduated A.B. at Yale in 1860, and A.M. in 1864. He then attended Yale Scientific School and specialized in palæontology. Between 1862-65 he studied in the universities of Heidelberg, Breslau and Berlin. In 1866 a chair in palæontology was established at Yale, and Marsh was elected the first professor, a position he held up to the time of his death In 1868, and almost each year subsequently, he spent the summer vacation in the Rocky Mountains gathering fossils. In these excursions he obtained fossils of more than 1,000 new species of vertebrates. One of his most valuable scientific achievements was the tracing of the phylogeny of the horse. He presented most of his property to Yale, including his fossils and his estate at New Haven, which he desired to be used as a botanical garden. He published a great number of palæontological monographs, the best known of which are: Octontornithes (1880), Dinocerata (1884), and Dinosaurs of North America (1895).

Marsh, SYLVESTER (1803-84),

605

American merchant and inventor, was born at Campton, N. H., and was a provision merchant, first in Boston, and afterward at Ashtabula, O. He subsequently was engaged in the grain business and the meat-packing industry in Chicago, the latter of which he originated. Removing to New Hampshire in 1864, he devised and obtained a charter for building the inclined railroad up Mt. Washington, the cog-wheel, engine, etc., employed being invented by himself. The road, after many discouragements, was completed in 1869, and has since served as a model for similar railroads in other parts of the world.

Marshall. (1.) City, Tex., co. seat of Harrison co., 145 m. E. of Dallas, on the Tex. and Pac. and the Tex. S. R. Rs. Large railroad shops are situated here, and there is a large canning plant. Other industrial establishments are a foundry, ice factory, cotton-seed oil mill, sawmills, etc. The district is fertile, producing especially cotton and small fruits and sugar cane. Marshall has several educational institutions, including two for negroes, Wiley University (M. E.) and Bishop College (Bapt.). Others are St. Mary's Academy and St. Joseph's School for boys. The city has a public library, and a Catholic orphanage for boys. It has fine city waterworks and sewerage system. Sue Belle Lake, Henrietta Lake, and other lakes are in the vicinity, and Hynson Springs and Rosborough Springs are pleasure resorts. The first settlement here was made in 1843. Pop. (1900) 7,855; (1904) 11,285. (2.) City, Mo., co. seat of Saline co., 75 m. E. of Kansas City (84 m. by rail) on the Chi. and Alt. and the Mo. Pac. R. Rs. The chief manufactures are flour, carriages, etc. It is the seat of Missouri Valley College (Presb.) and has a St. Xavier's Academy (R. C.). The state asylum for the feeble minded and epileptic is situated here. Salt, coal, and building stone are found in the vicinity. The first settlement was made in 1835. The place was incorporated in 1871. Pop. (1900) 5,086. (3.) City, Mich., co. seat of Calhoun co., 100 m. w. of Detroit, on the Mich. Cent. and the L. Shore and Mich. S. R. Rs. Its chief manufactures are buggies and carriages, furnaces, bath tubs, proprietary medicines, machinery, health foods, etc. It also has stock farms and agricultural interests. The electric lighting plant, waterworks, water-power and sewerage plants are owned and operated by the municipality. It was settled in 1832 and incorporated in 1837. Pop. (1904) 4,361. (4.) City, Minn., co. seat of Lyon co., 135 m. w.s.w. of Minneapolis, on the

Marshall

Redwood R. and on the Chi, and N.-W. and the Great N. R. Rs. It has flour mills, a large creamery, wood-working factory, and farming and stock-raising, interests. It possesses a Carnegie library. The electric lighting system and the water-works are owned and operated by the municipality. It was settled in 1872 and incorporated in 1878. Pop. (1905) 2,243. (5.) City, Ill., co. seat of Clark co., 16 m. s. of Paris, on the Cle., Cin., Chic. and St. L. and the Vandalia Line R. Rs. The chief manufactures are flour, lumber, condensed milk, etc. It has farming interests. Pop. (1900) 2,077.

Marshall, ALFRED (1842), English_political economist, was born in London, and has been professor of political economy at Cambridge since 1885. He has written Economics of Industry (1879), Principles of Economics (1891), and The New Cambridge Curriculum in Economics (1903). He was a member of the Royal Commission on Labor (1891).

Marshall, HENRY RUTGERS (1852), American architect and psychologist, was born in New York city and graduated (1873) at Columbía. He studied architecture, began practice in 1878, and designed a very varied series of structures in many parts of the country, including the Rudyard Kipling house at Brattleboro, Vt., Miss Gould's house at University Heights, New York, and the Tarrant Building, New York. His principal reputation has been gained, however, by his work as a psychologist, particularly in the department of æsthetics. Besides his contributions on architecture and psychology to the periodicals, he has published Pain, Pleasure, and Esthetics (1894), Esthetic Principles (1895), and Instinct and Reason (1898). Mr. Marshall was a leader in the movement for proper control of municipal art in the U. S., and was appointed a member of the N. Y. Municipal Art Commission in 1902. He has delivered courses of lectures on æsthetics and psychology at Columbia, Harvard, and Yale.

Marshall, HUMPHREY (17561841), American soldier and politician, born in Westmoreland co., Va. He was a first cousin of Chief Justice Marshall. He had little or no schooling, and is said to have been taught to read by his wife. He served in the Revolutionary army, was promoted to captain in 1778, and removed to Kentucky in 1780. In 1787 he was a delegate to the convention at Danville to consider the separation of Kentucky from Virginia, which he vigorously opposed. With equal vigor he advocated the ratification of the Federal Constitution. He was U. S. senator

Marshall

from Kentucky, 1795-1801. For years he had been suspicious of Spanish aggression in the Mississippi Valley, and in 1806 his denunciations led to the exposure of the 'Burr Conspiracy.' While a member of the Kentucky legislature in 1809 he fought a duel with Henry Clay, in which the latter was wounded. His History of Kentucky (1812; rev. and enlarged 1824) is chiefly a justification of his course, and though unreliable is interesting.

Marshall, HUMPHREY (181272), American soldier and politician, born in Frankfort, Ky. He graduated at West Point in 1832, served in the Black Hawk War, resigned in 1833, and practised law in Louisville. His interest in military affairs continued, however, and he entered the Mexican War as colonel of the 1st Kentucky cavalry, and distinguished himself at Buena Vista. He was elected to Congress as a Whig in 1848, but resigned in 1852, and was commissioner to China until 1854. From 1855 to 1859 he was a Know-Nothing (q.v.) member of Congress. At the opening of the Cival War he was appointed brigadier - general in the Confederate army, commanded in eastern Kentucky, and fought in the battles of Middle Creek, Ky., and Princeton, Va. He resigned from the army in 1862, with the intention of practicing law in Richmond, but represented Kentucky in the Confederate Congress, 1863-65. In 1867 he returned to Louisville and practised with success until his death.

Marshall, JOHN (1755-1835), eminent American jurist, born in Germantown (now called Midland), Fauquier co., Va., Sept. 24, 1755. His father, Thomas Marshall, who was remotely of Welsh descent, was a man of strong native ability, though of slender education, and commanded a regiment with credit. in the Revolutionary army. His mother, whose ancestors came from Scotland, was the daughter of an Episcopal clergyman and second cousin of Field - Marshal James Keith, of the Prussian army. When he was twelve years old his father engaged a private tutor for his children. Under this tutor's charge and later at a classical academy he laid the foundation of a liberal education. At the age of eighteen he began to study law, but left it, soon after the news of the battle of Lexington, to serve in the Virginia militia. As a lieutenant and afterwards a captain in the 11th regiment from that state, he was in the field in New Jersey, New York, and Pennsylvania until the close of 1779, acting during part of the

(From the painting in the Capitol at Washington.)

months as a supernumerary officer, resigned his commission in January, 1781, and in the fall of that year opened a law office in Fauquier county. Two years afterward he removed to Richmond. There he had already acquired some reputation as a member of the House of Burgesses, to which he was first elected in 1780 (before he had reached the age of twenty-five) and as one of the privy council of the governor, to which he had been appointed by the legislature in the autumn of 1782. As a public speaker he had none of the graces of oratory. His voice was harsh, and his manner as he began a speech was apt to be languid and

and the emphatic earnestness and energy of his style, the close and logical connection of his thoughts, and the easy gradations by which he opens his lights on the_attentive minds of his hearers.' During most of the years between 1780 and 1791 he was a member of the House of Burgesses, and at the same time actively engaged in legal practice.

His first appearance in national politics was in 1788, as a member of the state convention called to act upon the ratification of the Constitution of the United States. The majority of the people in Henrico county, where he then resided, were inclined to favor its rejection, Marshall had been

Marshall

its open advocate, but his personal popularity was so strong and their reliance on his sound judgment so great that they were content to make him one of their representatives. The revolutionary atmosphere which he breathed in his boyhood, and his early association in the North with men from so many different states, risking all for a common cause, had made him in principle a nationalist. Then, and for almost a century afterwards, the ordinary Virginian, when he spoke of his country, meant his state. 'I,' wrote Marshall of himself, 'was, while in the army, confirmed in the habit of considering America as my country and Congress as my government.' In this spirit, soon after Patrick Henry had stated to the convention, with great force, his objections to the ratification of the Constitution, he assumed the formidable task of a reply, and without matching Henry's eloquence, succeeded by solid reasoning in meeting fully the weight of his attack. Afterward he answered the criticisms of George Mason, who had asserted that, as the Federal courts were to have cognizance of all cases arising under the laws of the United States, and as these were paramount to the laws of the states, their jurisdiction would embrace every case that could be thought of. 'Has,' said Marshall, the government of the United States power to make laws on every subject? Does he understand it so? Can they make laws affecting the mode of transferring property, or contracts, or claims between citizens of the same state? Can they go beyond the delegated powers? If they were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. They would not consider such a law as coming under their jurisdiction. They would declare it void.'

In the controversy as to the ratification of Jay's Treaty, Marshall took what was in Virginia the unpopular side. At a public meeting of its opponents in Richmond, over which his former instructor, Chancellor Wythe, presided, it had been declared unconstitutional. It was a commercial treaty. Congress had, by the Constitution, power to regulate commerce with foreign nations. As it was thus made the proper subject of legislation, it could not be that of diplomatic settlement. This was the line of argument; and Marshall, at a subsequent meeting of the supporters of the administration, in a masterly speech, refuted it so utterly that the position was abandoned in all

607

subsequent discussions in that state. This brought him into friendly acquaintance with the leading Federalists in Congress, when, shortly afterwards, he visited Philadelphia, then the seat of government, to argue a cause in the Supreme Court of the United States. At this time his professional income was the largest received by any member of the Virginia bar, amounting in most years to $4,000 or $5,000. At the first organization of the Federal government he had been offered the position of district attorney, but preferred to remain in private practice. In 1795 he declined a tender by Washington of the office of attorney general, and the next year that of the place of minister to France.

President Adams, who had a particularly high opinion of his learning in the law of nations, was more successful in bringing him into the service of the country. In 1797 Marshall accepted an appointment as one of the three special envoys to France, sent to negotiate with the Directory as a last hope of preventing war. Washington at the same troubled period consented to resume his place as commander-in-chief of the army. It was a crisis at which no good man felt free to refuse a call to public duty. Marshall's services in the negotiations with Talleyrand, as the minister of foreign affairs, were conspicuous, and he returned to the United States with a high national reputation. After declining an offer from Adams of an appointment as an associate justice of the Supreme Court of the United States, he accepted a nomination (1798) to the lower house of Congress, where he soon became the acknowledged leader on points of international and constitutional law. He resigned his seat early in 1800 to take the place of secretary of state.

On January 31, 1801, he was appointed chief justice of the United States. There had been, up to that time, three chief justices, and the longest term held by any of them had not reached six years. Marshall's ended only with his death, in 1835. More than any one who has filled that office, before or since, he dominated the court and shaped its course. For the first ten years, reversing the previous practice, the opinions in almost all cases decided were written and delivered by him alone. As Professor Thayer has observed, this 'seemed, all of a sudden, to give to the judicial department a unity like that of the executive.' Soon after, through appointments made by Jefferson and Madison, a majority of the court having

Marshall

become Republicans, there was a change, and its opinions were written by the different judges in turn, but for many years subsequently those in cases involving grave constitutional or international questions were generally delivered by the chief justice, and ordinarily without dissent. Of those of the latter description which he pronounced between 1801 and 1835, most have passed, by universal recognition, into the law of the world. In the others he read a new vigor and vitality into the Constitution of the United States. It was a fair subject of controversy whether that paper on its face was the bond of a confederacy or created a form of popular government; whether it was an expression of the will of thirteen independent states or of that of the American people. Marshall had the opportunity to determine with authority its true construction. A nationalist from his youth, he could now, and he did now, impress on the United States a national character for all national purposes within the range of the powers granted to Congress, the Executive, or the courts. It required a civil war to complete the work, but the foundations of the theory on which the war was conducted by the United States were laid by the great chief justice. An early opportunity was seized to assert the doctrine for which he had contended in the Virginia convention, that courts could declare unconstitutional statutes to be void. Jay, the greatest of his predecessors, had retired from the Supreme Court in 1795 and refused to return to it in 1801, feeling that it was too feeble to stand up against the political forces against which it must often be matched. Marshall showed that it could wield the full strength of what he liked to call 'the American empire' in defence of the humblest individual even as against the President or Congress or the government of a state. His style of judicial composition was clear and stately, his method of reasoning plain and convincing.

In 1901, the centenary of Marshall's appointment as chief justice, was celebrated, at the instance of the American Bar Association throughout the United States, and the eulogies then delivered were collected in three volumes. His publications, apart from his judicial opinions, were a hurriedly prepared and ill-proportioned Life of Washington (written at Washington's request) in five volumes (1804-7), the first volume subsequently published by itself (1824) as a History of the American Colonies, and the remainder con

Marshall

densed into two volumes in 1832. He received the degree of LL.D. from Princeton in 1802, from Harvard in 1806, and from the University of Pennsylvania in 1815. In 1829 he was a useful member of the convention to frame a new constitution for Virginia. He died July 6, 1835.

Marshall, ORSAMUS HOLMES (1813-84), American lawyer and historian, born in Franklin, Conn., though the home of his parents was at Buffalo, N. Y. He graduated at Union College in 1831, studied law and was admitted to the bar in Buffalo in 1834. He was one of the founders of the Buffalo Historical Society, was for a time chancellor of the University of Buffalo, and was at one time U. S. Commissioner. His Historical Writings (1887) contain valuable material on the early history of the West, particularly the relations of the Iroquois with the French and English.

Marshalling. The equitable apportionment of funds or securities among two

or more

creditors in such a way as to prevent one from so enforcing his claim as to exhaust a fund or security upon which another is dependent for the satisfaction of his demand. Thus, if there are two creditors or legatees of an estate, A and B, and A is entitled to payment out of two funds-e.g. real estate and personal estate-while B is only entitled to payment out of the personal estate, A will be compelled to take payment out of the real estate if the personal estate is not sufficient to pay both A and B. On the same principle, if a specific legatee has his fund diminished by the action of creditors, he may recoup himself out of the residuary estate. This doctrine is known as the 'marshalling of assets.' When the owner of two estates mortgages both to one person, and only one to another person, the mortgagee of both estates must take payment as far as possible out of the estate which is not mortgaged to the second mortgagee. This is called the marshalling of securities.' See EQUITY, SUBROGATION.

the

Marshall Islands, in Pacific, between lat. 5° and 15° N. and long. 165° and 173° E.; form two groups-Ratak in the E. and Ralik in the w.-each of about a dozen islands. They belong to Germany. Total area, 160 sq. m., of which Ralik occupies 107. They export copra. The inhabitants are Micronesians, and are very skilful navigators. Pop. 15,000.

Marshalltown, city, Ia., co. seat of Marshall co., 48 m. N.E. of Des Moines, on the Chi. and N.-W., the Ia. Cent. and the Chi. Gt. W. R. Rs. The chief manufactures are iron and steel, furni

608

ture, engines and machinery, glucose, packing products, etc. Considerable wheat is shipped. Among the public buildings are the St. Thomas Hospital, the Iowa Soldiers' Home and a Carnegie library. River View Park is a feature of interest. The waterworks and electric lighting system are owned and operated by the municipality. Marshalltown was settled in 1860 and incorporated in 1863. Pop. (1905) 12,045.

Marshfield, city, Wood co., Wis., 32 m. w.N.W. of Stevens Point, and 150 m. N.w. of Milwaukee, on the Wis. Cent., the Chi., St. Paul, Minneap. and Omaha, and the Chi. and N.-W. R. Rs. It is a manufacturing centre, producing lumber, furniture, veneer, staves and heading, excelsior, springs and mattresses, interior finishings, etc. Among the public institutions are the St. Joseph Hospital and the public library. The water-works and electric lighting plant are owned and operated by the municipality. It was settled in 1885. A fire destroyed the place in 1888. Pop. (1905) 6,036.

Marsh Gas. See METHANE.

Marsh Hawk, an American hawk (Circus hudsonius), commonly seen all over temperate North America flying low and indolently over marshy grounds, where it finds its prey in mice, frogs, and the like. The plumage of the male is bluish gray, with a cross-barred tail, that of the female dusky; and both sexes are easily recognized by their white rumps. Their nests are built on the ground. The European marsh harrier (C. cyaneus) is very similar.

Marsh Mallow (Althea). The common marsh mallow, A. officinalis, is a native of Europe, occurring on marshy land near the sea. It is a very hairy or downy plant, and in autumn bears panicles of flowers of a pale bluish color. The leaves are cordate. The mucilaginous root is used in a confection, and in medicine as a demulcent and emollient.

Marshman, JOSHUA (17681837), English Baptist missionary and Orientalist, was born in Wiltshire, England; went to India in 1799 and settled at Serampore. He is noted as the author of the first complete Chinese version of the Bible. Among his writings are: A Dissertation on the Characters and Sounds of the Chinese Language (1809); The Works of Confucius, Containing the Origi nal Text with a Translation (1809); and Elements of Chinese Grammar (1814). Brown University conferred the degree of D.D. upon him in 1811. See J. C. Marshman's Life and Times of the Serampur Missionaries (London, 1859).

Marsh Marigold (Caltha palustris), a brilliantly-flowered marsh plant, with large, shining, kidney

Marston

shaped leaves, and flowers like very large buttercups. Also called 'cowslips,' in America.

Marsh's Test. See ARSENIC.

Marsh Wren, either of two species of small brown wrens of the genus Cistothorus, commonly frequenting reedy marshes in summer throughout the Northeastern United States. They construct ball-like nests suspended to the stems of the reeds; and are extremely active and voluble, in a pretty, prattling song.

Marsi, Italian nation, of Sabellian race, which dwelt among the Apennines. They joined the

Roman confederacy in 304 B.C. In 90 B.C., indignant at their exclusion from Roman citizenship, they were the prime movers in the Social or Marsic war against Rome.

Marsivan, or MERZIFUN, tn., Sivas vilayet, Asiatic Turkey, 85 m. S.E. of Sinope; has the Anatolia College and a Protestant theological institution. Cotton is manufactured. It was the scene of Armenian massacres in 1895. Pop. 15,000.

Marston, JOHN (P1575-1634), English dramatist, was born at Coventry. Having published some satires in 1598, he took soon afterwards to writing plays. Subsequently to this he held the living of Christchurch, Hampshire, till within three years of his death. His first plays, The History of Antonio and Mellida and Antonio's Revenge, were acted by the children of St. Paul's in 1601. The Malcontent (an advance on these in style)