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hope that after he had crossed the Stygian River he might still live on the lips of men. His wish has been fulfilled; for although his works have been mostly lost, his name is still remembered. We cannot analyze true greatness or assign the limits of its duration in the minds of men. Nothing is more permanent, and, in many cases seemingly more unsubstantial, than the immortality of fame. It crowns the verse of the gentlest of poets as well as the bloody deeds of the warrior; it confers its benedictions on the orator whose impassioned tones after a thousand years seem still to linger on the printed page; on the artist whose name may outlive the revelations of his genius; and in the case of a great musical composer, such as a Beethoven or a Mozart, eternal fame is built on nothing more solid than invisible soundwaves; and yet it is more undestructible than monuments of brass. A grateful people have erected a statue to Marshall in a conspicuous spot in the national capital, in obedience to a natural instinct that has induced men from most remote times down to the present to commemorate in materials seemingly enduring their love and veneration for departed worth; but there is nothing to guaranty such memorials “ 'gainst the tooth of time

: and rasure of oblivion."

If we visit the lands where the arts and sciences first rose and flourished, the fallen column, the broken arch, the shattered frieze proclaim with silent eloquence the mutability of all things made by human hands. Not even the divine beauty of the creations of Phidias, which lifted to ecstasy the thoughts of the unlettered Athenian populace, could save them from the hand of the destroyer. But Fame, faithful to her trust, preserves amid ruin and desolation the treasures committed to her keeping. Nearly two thousand years have elapsed since any human eye gazed on the canvas of Apelles; but his name is still enrolled as the greatest of painters. If all of the writings of Marshall could be committed to the flames his name would still linger on; but with the fecundity of the press, which will preserve and multiply every word that he wrote, his voice will still continue to be heard by all coming generations, and will serve to enlighten and to instruct, pleading with unabated earnestness for whatever is right, and reasonable, and just, and of good report. His name will be hereafter mentioned along with those of Ulpian and Papinian and all great jurists and statesmen whose labors have contributed to build up that universal jurisprudence which is the strongest ally of civilization, the surest refuge against wrong and oppression, the most powerful defender of injured innocence, and in some cases its avenger.


Address Delivered Before the St. Louis Law School Alumni Association at a Banquet Given in His Honor,

January 9, 1902


As I am to address the Alumni of the St. Louis Law School, my mind naturally goes back to an early period of my professional career, the day never to be forgottenthough now quite remote-the day that I received a diploma from another law school. Such an incident forms a sort of epoch in one's life, a self-dedication to a most exacting pursuit, the general result of which is quite unknown. The diploma was not a chart, not even a passport. Of itself it granted no rights and conceded no privileges.

And yet its aspect was imposing. With a wise foresight it was written in Latin so that it could be read with facility when the English language shall have been forgotten. When I first read the diploma I thought that it flattered me a good deal, describing me, I think, either as a doctus or doctissimus. If the man that wrote it had in turning over the leaves of the dictionary fallen on the word indoctus or indoctissimus, he would have struck a rich field of productive thought. As I have not seen that diploma for very many years, and have not the least notion as to what became of it, I have every reason to believe that it is somewhere pursuing its devious way to that remote posterity to which it was addressed. The diploma was not of much importance; but the law school was of immense advantage; hence I have always been an ardent advocate of schools of that kind, believing that the average student will learn in a good law school more

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