The San Francisco call., 1899-12-22

years and fought in the memorable bat
ties OF Brandywine. Germantown and
Monmouth. When his military services
were ended he studied law and was soon
admitted 10 practice. He served his State
for two years in the House OF Burgesses
and was a member OF the State Executive
Council for a like period.
Mr.. Marshall was not a member OF the
convention that framed the national con-
sdtution; he was. however, a member Of
the Virginia ratifying convention. In this
body there was a most pronounced oppo-
sition 10 ratification, led by Patrick Hen
~, George Mason and William Grayson,
all of whom were able and eloquent men.
The debates took a wide range. But IL
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 20
Patrick Henry. He spoke with great et-
fectiveness; his logic was unansweraDle.
and probably 10 him more than TO any
one else is due the turning OF the scale
in favor Of the constitution. When the
constitution was ratified Marshall deter
mined 10 retire from public life and 10
devote himself to the law. His wish In
this matter was not TO be gratiied. There
was still large minority hostile 10 the
constitution. Some were willing 10 go so
far in their opposition as to defeat, y
possible, the new Government. Marshall
believed the new order should have fair
trial and that all the provisions Of the
constitution should be enforced. and when
the opposition set out 10 secure the anti
federal ascendency in the Legislature ne
listened TO the earnest appeals Of his
neighbors and accepted an election In that
body He served two terms and brought
his great powers TO the defense Of the
federal cause and Washington's admins
tration He was again in the Legislature
in 1875 and 1876. At this time the country
was excited over Jays treaty with Eng
land In the Virginia Legislature the con-
stitutionality of the treaty was assailed
on the ground that IL interfered with the
power OF Congress TO regulate commerce;
but Marshall demonstrated the fallacy Of
this argument so convincingly that the
opposition contented itself with passing
resolution merely declaring the treaty In
expedient.
In these years Marshall had succeeded
at the law. His rise had been rapid and
he soon stood at the head OF the Virginia
bar with a large and, for that time, lucra-
tive practice. He had diligently and pro-
foundIy studied both international and
public law and so thoroughly had mas
tered them that he had no superior IN the
entire country and II 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 ad-
ministration caused President Washing
ton in 1875 70 invite him to become his
Attorney General. Marshall declined this
appointment and also one the IeXt year
to succeed James Monroe 10 France.
When he declined the latter appointment
President Washington named General
/ Charles COtesworth Pinckney IN his place.
but the French directory refused 10 re-
d rTNA su~In - NaruHH
the country. Then no other apr ointment
TO France was made during this admins
tration. In June following his inaugura-
tiOn President Adams. hoping TO re-eStab-
lish Diplomatic relations, appointed Pinck-
ney Marshall and Elbridge Gerry as joint
envoys; bur the experiment was a failure.
The ENJOYS had not been in Paris long
before secret agents OF the Minister ap
preached them, demanding money. These
demands were Indignantly repelled. Mar
shall drew up an elaborate paper in which.
while expressing an earnest desire for
maintaining friendly relations with
France. he set forth with great precision
the requirements OF the United States.
This avalled nothing and Pinckney and
Marshall who were Federalists. and as
such were supposed 10 sympathiZe with
England and against France. were or
dered to leave French territory: Gerry
however who was republican. was per
mitted TO remain in Paris. Marshall i'm
mediately returned 10 the United States
and was everywhere received with demon
strations of approval. Patrick Henry
wrote friend. saying: Tell Marshall
love him because he felt and acted as a
republican, as an American" Almost I'm
mediately after Mr.. Marshalls return
President Adams offered him a seat on
the Supreme bench that had been made
vacant by the death OF Judge James VIII
son. This Marshall declined and then the
appointment was given TO his friend
Bushrod Washington.
AS the time for the Congressional cleo
tions OF 179S approached. Marshall was
strongly urged 10 become a candidate
Much against his inclination he consented
and was elected. He served but one ses-
sion. During this session the republicans
made a bitter and determined attack up
| on the administration. This was becaN SO
OF the action of the administration in the
case of Thomas Nash. a British subject
charged with the crimes OF mutiny and
murder. Satisfactory evidence Of his
criminality being furnished he was deliy-
cred TO the British authorities Then he
was tried by court-martial. found guilty
and sentenced TO death. The fact that he
had falsely claimed TO be an American
citizen led the republicans 10 INTRODUCES
resolutions into the House OF Representa-
tives censuring the President and Judge
| Bee, the Federal Judge who presided at
| the habeas corpus proceedings Marshall
Il