The decided part taken by Mr. Marshall could not long remain unnoticed. He was attacked with great asperity in the newspapers and pamphlets of the day, and designated, by way of significant reproach, as the coadjutor and friend of Alexander Hamilton. Against these attacks he defended himself with a zeal and ability, proportioned to his own sincere devotion to the cause, which he espoused.

At the spring election for the state legislature in the year 1795, Mr. Marshall was not a candidate; but he was, nevertheless, chosen under somewhat peculiar circumstances. From the time of his withdrawing from the legislature, two opposing candidates had divided the city of Richmond; the one, his intimate friend, and holding the same political sentiments with himself; the other, a most zealous partisan of the opposition. Each election between these gentlemen, who were both popular, had been decided by a small majority, and the approaching contest was entirely doubtful. Mr. Marshall attended the polls at an early hour, and gave his vote for his friend. While at the polls, a gentleman demanded, that a poll should be opened for Mr. Marshall. The latter was greatly surprised at the proposal, and unhesitatingly expressed his dissent; at the same time, he announced his willingness to become a candidate the next year. He retired from the polls, and immediately gave his attendance to the business of one of the courts, which was then in session. A poll was, however, opened for him, in his absence, by the gentleman, who first suggested it, notwithstanding his positive refusal. The election was suspended for a few minutes; a consultation took place among the freeholders; they determined to support him; and in the evening he received the information of his election. A more honorable tribute to his merits could not have been paid; and his election was a most important and timely measure in favor of the administration.

It will be recollected, that the treaty with Great Britain, negotiated by Mr. Jay in 1794, was the subject of universal discussion at this period. No sooner was its ratification advised by the senate, than public meetings were called in all our principal cities, for the purpose of inducing the president to withhold his ratification; and if this object were not attained, then to prevent in Congress the passage of the appropriations, necessary to carry it into effect. The topics of animadversion were not confined to the expediency of the treaty in its principal provisions; but the bolder ground was assumed, that the negotiation of a commercial treaty by the ex

ecutive was an unconstitutional act, and an infringement of the power given to congress to regulate commerce. Mr. Marshall took an active part in the discussions upon the treaty. Feeling, that the ratification of it was indispensable to the preservation of peace, that its main provisions were essentially beneficial to the United States, and comported with its true dignity and interests; he addressed himself with the most diligent attention to an examination of the nature and extent of all its provisions, and of all the objections urged against it. No state in the Union exhibited a more intense hostility to it than Virginia, upon the points both of expediency and constitutionality; and in no state were the objections urged with more impassioned and unsparing earnestness. The task, therefore, of meeting and overthrowing them was of no ordinary magnitude, and required all the resources of the ablest mind. Mr. Marshall came to the task with a thorough mastery of every topic connected with it. At a public meeting of the citizens of Richmond, he carried a series of resolutions, approving the conduct of the executive.

But a more difficult and delicate duty remained to be performed. It was easy to foresee, that the controversy would soon find its way from the public forum into the legislative bodies; and would be there renewed with the bitter animosity of party spirit. Indeed, so unpopular was the treaty in Virginia, that Mr. Marshall's friends were exceedingly solicitous, that he should avoid engaging in any debate in the legislature on the subject, as it would be a sacrifice of the remains of his well deserved popularity; and it might be even questioned, if he could there deliver his sentiments, without exposure to some rude attacks. His answer to all such suggestions was uniform; that he should not move any measure to excite a debate; but, if the subject were brought forward by others, he should, at every hazard, vindicate the administration, and assert his own opinions. He was incapable of shrinking from a just expression of his own independence. The subject was soon introduced by his political opponents, and the constitutional objections were urged with triumphant confidence. That, particularly, which denied the constitutional right of the executive to conclude a commercial treaty, was selected and insisted on as a favorite and unanswerable position. The speech of Mr. Marshall on this occasion has been always represented as one of the noblest efforts of his genius. His vast powers of reasoning were employed with the most gratifying success. He demonstrated, not only from the words of the

constitution, and the universal practice of nations, that a commercial treaty was within the constitutional powers of the executive; but that this opinion had been maintained and sanctioned by Mr. Jefferson, by the whole delegation of Virginia in Congress, and by the leading members in the convention on both sides. His argument was decisive; the constitutional ground was abandoned; and the resolutions of the assembly were confined to a simple disapprobation of the treaty in point of expediency.

The constitutional objections were again urged in Congress, in the celebrated debate on the British treaty, in the spring of 1796; and there finally assumed the mitigated shape of a right claimed on the part of Congress, to grant or withhold appropriations to carry treaties into effect. The higher ground, that commercial treaties. were not, when ratified, the supreme law of the land, was abandoned; and the subsequent practice of the government has, without question, under every administration, conformed to the construction vindicated by Mr. Marshall. The fame of this admirable argument spread throughout the Union. Even with his political enemies, it enhanced the elevation of his character; and it brought him at once to the notice of some of the most eminent statesmen, who then graced our public councils.

After this period, President Washington invited Mr. Marshall to accept the office of attorney general; but he declined it, upon the ground of its interference with his lucrative practice in Virginia. He continued in the state legislature; but did not, from his other engagements, take an active part in the ordinary business. He confined his attention principally to those questions, which involved the main interests of the country, and brought into discussion the policy and the principles of the national parties.

Upon the recall of Mr. Monroe, as minister to France, President Washington solicited Mr. Marshall to accept the appointment as his successor; but he respectfully declined it; and General Pinckney, of South Carolina, was appointed in his stead.

Mr. Marshall was not, however, long permitted to act upon his own judgment and choice. The French government refused to receive General Pinckney, as minister from the United States; and the Administration, being sincerely anxious to exhaust every measure of conciliation, not incompatible with national dignity, for the preservation of peace, resorted to the extraordinary measure of sending a commission of three envoys. Within a year from the time of the first offer, Mr. Adams, having succeeded to the presi

dency, appointed Mr. Marshall one of these envoys, in conjunction with General Pinckney and Mr. Gerry.

After some hesitation, Mr. Marshall accepted the appointment, and soon afterwards embarked for Amsterdam. On his arrival at the Hague, he met General Pinckney; and, having received passports, they proceeded to Paris. The mission was unsuccessful; the envoys were never accredited by the French government, and Mr. Marshall returned to America in the summer of 1798. Upon him principally devolved the duty of preparing the official despatches. They have been universally attributed to his pen; and are models of skilful reasoning, forcible illustration, accurate detail, and urbane and dignified moderation. In the annals of our diplomacy, there are no papers, upon which an American can look back with more unmixed pride and pleasure.

Mr. Marshall, on his return home, found, that he had sustained no loss by a diminution of professional business, and looked forward to a resumption of his labors with high hopes. He peremptorily refused, for a considerable time, to become a candidate for Congress, and avowed his determination to remain at the bar. At this juncture, he was invited by General Washington to pass a few days at Mount Vernon; and having accepted the invitation, he went there in company with Mr. Bushrod Washington, the nephew of General Washington, and afterwards a highly distinguished judge of the Supreme Court of the United States, whose death the public have recently had occasion to lament.

What took place upon that occasion we happen to have the good fortune to know from an authentic source. General Washington did not for a moment disguise the object of his invitation; it was, to urge upon Mr. Marshall and Mr. Washington the propriety of their becoming candidates for Congress. Mr. Washington yielded to the wishes of his uncle without a struggle. But Mr. Marshall resisted, on the ground of his situation, and the necessity of attending to his private affairs. The reply of General Washington to these suggestions will never be forgotten by those, who heard it. It breathed the spirit of the loftiest virtue and patriotism. He said, that there were crises in national affairs, which made it the duty of a citizen to forego his private for the public interest. He considered the country to be then in one of these. He detailed his opinions freely on the nature of the controversy with France, and expressed his conviction, that the best interests of America depended upon the character of the ensuing Congress. The conversation was long,

animated, and impressive; full of the deepest interest, and the most unreserved confidence. The exhortation of General Washington had its effect. Mr. Marshall yielded to his representations, and became a candidate; and was, after an ardent contest, elected, and took his seat in Congress in December, 1799. While he was yet a candidate, he was offered a seat on the bench of the Supreme Court, then vacant by the death of Mr. Justice Iredell. Upon his declining it, President Adams appointed Mr. Justice Washington, who was thus prevented from becoming a member of Congress.

The session of Congress, in the winter of 1799-1800, will for ever be memorable in the annals of America. Men of the highest talents and most commanding influence in the Union were there assembled, and arrayed, with all the hostility of party spirit, and all the zeal of conscious responsibility, against each other. Every important measure of the Administration was subjected to the most scrutinizing criticism; and was vindicated with a warmth proportionate to the ability of the attack. Mr. Marshall took an active part in the debates, and distinguished himself in a manner, which will not easily be forgotten.

In May, 1800, Mr. Marshall was, without the slightest personal communication, nominated by the President to the office of secretary of war, upon the dismissal of Mr. M'Henry. We believe, that the first information received of it by Mr. Marshall was at the department itself, where he went to transact some business previously to his return to Virginia. He immediately wrote a letter, requesting the nomination to be withdrawn by the President. It was not; and his appointment was confirmed by the senate. The rupture between the President and Colonel Pickering, who was then secretary of state, soon afterwards occurred, and Mr. Marshall was appointed his successor. This was, indeed, an appointment in every view most honorable to his merits, and for which he was in the highest degree qualified.

On the 31st day of January, 1801, he became chief justice of the United States; and has continued, ever since that period, to fill the office with increasing reputation and unsullied dignity.

Splendid, indeed, as has been the judicial career of this eminent man, it is scarcely possible, that the extent of his labors, the vigor of his intellect, or the untiring accuracy of his learning, should be duly estimated, except by the profession, of which he is so great an ornament. Questions of law rarely assume a cast, which intro