The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-22

the rough school CT war. Here he stud
| led men instead CT books; he strength
ened the manliness of his character and
learned. to be self-reliant. He was a
soldier for nearly six years, and fought
| in the memorable battles of Brandy
wine, Germantown and Monmouth.
When his military services were ended
he studied law and was soon admitted
to practice. He served his state for two
years in the house of hurgesses, and
was a member of the state executive
council for like period.
Mr.. Marshall was not a member of
the convention that framed the ma
tional constitution; he was however. a
member of the Virginia ratifying con-
pronounced opposition TO ratification,
led by Patrick Henry, George Mason
and William Grayson, all of whom were
able and eloquent men. The debates
took a wide range. But it was not
often that Marshall participated in
them; when he did his speeches were
devoted to only the most important is
sues. and nearly always were replies
TO Patrick Henry. He spoke with great
effectiveness; his logic was unanSwer-
able, and probably to him more than
to anyone else is due the turning of
the scale in favor of the constitution.
When the constitution was ratified
Marshall determined to retire from pub
lie lie and to devote himself to the
law. His wish in this matter was not
to be gratified. There was still a large
minority hostile to the constitution
Some were willing to go so far in their
opposition as to defeat, if possible, the
new government Marshall believed
the new order should have a fair trial,
and that all the provisions of the con-
Etitution should be enforced, and when
l.n
aRti-federaI ascendency in the legis-
latu-e he listened to the earnest APP
reals of his neighbors and accepted an
election in that body. He served two
terms and brought his great powers to
the defense &C the federal cause and
Washington's administration. He was
again in the legislature in 1855 and
1886. At this time the country was eX-
cited over Jaws treaty with England.
In the Virginia legislature the fonstitu-
tionaiity of the treaty was assa.le6 on
the ground that it interfered with the
power of congress- to regulate COM
merce: but Marshall demonstrated the
fallacy OF this argument so convincing
>ly that the opposition contented itself
with passing n resolution merely de-
clarin.g the treaty inexDedient.
In these years Marshall had succeed
ed at law. His rise had been rapid,
and he soon stood at the head Of the
Virginia bar. with a large and for that
time lucrative practice. He had dill
gently and profoundly studied both in
ternational and public law, and so thor
oughly had mastered them that. he had
no superior in the entire country, and
it is. very doubtful whether he had an
equal His great legal ability, and the
fact that he had been at all times a
powerful defender of the administra-
ton, caused President Washington, in
1885, to invite him to become his attor-
ney general. Marshall declined this ap-
pcintment, and also one the next year
to succeed James Monroe to France.
When he declined the latter appoint
ment, President Washington named
General Charles Cctesworth Pinckney
in his place. but the French directory
refused to receive Pinckney, and Or
dered him to leave the country. Then
no other appointment to France was
made during this administration. In
June, following his Inauguration, Presi-
dent Adams, hoping TO re-estabish dip
lomatic relations. appointed Pinclxney,
Marshall and Elbridge Gerry as joint
ENJOYS; but the experiment was fall
ure. The ENJOYS had not been in Paris
long before secret agents Of the minis
ter approached them, demanding,
money. These demands were indig
nantly repealed. Marshall drew UP an
elaborate paper. in which. while ex-
pressing an earnest desire for main
tanning friendly relations with France.
he set forth with great precision the
requirements OF the United States. This
awaited nothing, and Pinckney and
Marshall, who were federalists, and as
such were supposed TO sympathiZe with
England against France, were ordered
to leave French territory; Gerry, how
ever who was a Republican, was per-
mitted to remain in Paris. Marshall i'm
mediatelv returned to the United
States, and was everywhere received,
with demonstrations Of approval Pat